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HomeMy WebLinkAbout2013-10-15 TranscriptionPage 1 ITEM 1. PROCLAMATIONS. Item 1c Change Your Clock, Change Your Battery Day — November 3, 2013 Hayek: (reads proclamation) Karr: Here to accept the proclamation is Fire Lt. Rick Childs. (applause) Hayek: Hey, Rick, good to see you again! Thanks for coming! (laughter and several talking) Childs: Mr. Mayor, I just got a few words here if I can. Hayek: Sure! Childs: Uh, Council and city members of Iowa City, we like to thank you and I accept this, uh, proclamation for November P, uh, on behalf of the Iowa City Fire Department. Uh, throughout the United States, um, approximately every 76 seconds, we have a structure fire that somebody's involved in and uh, and working smoke detectors are one way of preventing this, uh, from... from people getting hurt and lives being lost. So, it's very important to us to, uh, to make sure (noises in background) that people are, um, checkin' their batteries and changing their batteries. One other thing that we'd like to say too is carbon monoxide detectors too. If you do not have one in your home, make sure you get one (noises in background) or look at, uh, purchasing one of those. Uh, colorless, odorless gas that ... that does take lives inside our homes. This time of year with the cold season coming up, uh, just around the corner, uh, carbon monoxide is real prevalent in the home, so ... we'd like to thank you guys for that opportunity and have a safe and, uh, happy holidays. Thank you guys! Hayek: Thanks, Rick! Mims: Thank you! This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of October 15, 2013. Page 2 ITEM 3. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). Hayek: This is the opportunity at each City Council meeting for members of the public to address the Council on items that are not on the agenda, so if there's something that is not on the agenda that you'd like to bring to our attention, we invite you to step forward to the podium. We ask that you sign in. Also verbally give us your name and then to limit your comments to five minutes or less. Gravitt: My name is Mary Gravitt and I'm here again about the same thing I was here about last time — about this work, this word called `workforce housing.' Now I thought it was settled, but as soon as I finished talking somebody else came up and said workforce housing. Then I read in the paper that, uh, the Bank One says that it's new, uh, condos can, uh, can, uh, be for workforce housing, if you make $40 to $80,000. Now the danger in this wor ... word workforce is that you wiped out two classes of people — the working class and the middle class, and turned them into serfs. Now we've got to find out where this word came from and how it got into the lexicon. It came in after the protests down on ped mall about mul... (coughing) excuse me, the builder, Mr. Moen, getting $2.5 million. Then there was a protest, and petitions was signed, but the petitions weren't accepted because they didn't read the code. You have to have a certain percentage or a certain number, and it didn't have that, and then that's when they found out the people of Iowa City will fight back, and so a Skinnerian, B. F. Skinner behavioralism, uh, started being worked on the people. It started workforce housing — they put that in and supposedly intelligent people are repeating it, workforce housing, when there's no such thing; and then those benches from Dubuque to Clinton were facing down this way when they should been about the curve, and now they're facing the right way in conversations and it went on and on and on, then you look, pick up the paper but the final insult was right down there at Linn Street and College. Of course every building according to zone has an overlay. Your overlay goes to half the sidewalk and half the street, esp ... if you're on the corner, and it goes in back I suppose. Now they had a right according to the overlay to build ... to ... to extend that outdoor eating space onto the curb, onto the sidewalk, their half, but that wasn't right because it blocked the sidewalk, and if those had been union workers picketin', they would have been arrested! Those people should have been fined. They took it down now. They took it down because it's winter. But the idea that... that... that, how this experiment went. That was the final experiment. Could they create `wiggers' in Iowa City, and I'm saying wiggers because it mostly affected white people. I stood on that corner and I watched, at the Library, and watch those mothers struggle and watch those people shuffle their feet because they think that they can't fight back. But ... but I think that's the worst thing, because there's the fire hydrant, almost in the middle of the sidewalk as far as I'm concerned, and dogs pee on the sidewalk. So that meant that the citizens of Iowa City were getting' pissed on, shuffling their feet, all in making sure they don't touch this millionaire's restaurant that he has stolen their sidewalk with. Now I ... I think workforce housing, I don't want it in the code, and if I have to go to the Supreme Court, I want to keep it out of the code, and... This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of October 15, 2013. Page 3 and the final thing that I want to talk about is over there at Lower Muscatine. That is the worst, poor planning. That should have been done in stages. You can't even get across the street. You can't get to Eastdale Mall. The people aren't complaining. I'm complaining because I want to get across the street to Kirkwood! Now they'll tell me, but they should come down and tell you! Thank you. Hayek: Thank you for the comments. Anyone else? Bramel: Mayor Hayek, City Council Members, uh, Alec Bramel, City Council Liaison. Just wanted to give you a quick update, uh, cause uh ... our work session was cut a little short as we were running out of time. Um, last week, um, the President and Vice President of UISG and myself, uh, got in a car and drove around the east side of the downtown area of Iowa City, um, on kind of what we called our `lighting drive' as it were. One of the initiatives that we, uh, has always been on the table for... for years and years and uh, now that the students have brought up time and time again is ... is lighting. Uh, and so we thought, you know, why ... what not better to do than drive around downtown just to make sure that the lights are working because we've had reports of them out. So, we, uh, drove around the downtown area, just the east side. We'll get to the west side in a little bit, but we got about 16 lights that were completely out and then we had some recommendations that we, uh, we put in also using the icgov express app, of course, um, handy in the car, uh, very convenient. We also submitted, uh, them to the icgov express app and to MidAmerican at the same time. So, and I've already gotten feedback, so ... just a little update. See, uh, we'll see what happens, so... Hayek: Thanks, Alec. Anyone else? Okay, we'll move on from community comment to Item 4, Planning and Zoning Matters. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of October 15, 2013. Page 4 ITEM 4. PLANNING AND ZONING MATTERS. ITEM 4A REZONING WESTWINDS — CONDITIONALLY REZONING 1.31 ACRES LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF MELROSE AVENUE AND WESTWINDS DRIVE FROM LOW DENSITY MULTI - FAMILY (RM -12) ZONE TO PLANNED DEVELOPMENT OVERLAY/LOW DENSITY MULTI- FAMILY (OPD -RM12) ZONE (REZ13- 00019 /SUB13- 00012) 1. PUBLIC HEARING Dobyns: Move first consideration. Hayek: We got to have a public hearing first (several talking) Dobyns: Oh! Sorry! Hayek: (both talking) The public hearing is open! (bangs gavel) Any ex par... any ex parte communications since the last? Okay! Uh, this is a public hearing. I don't know if we need to hear from staff, or if there's anyone from the audience to address us. Does not appear to be the case so before I close the public hearing let me take the, uh, Council's temperature. Are we inclined to go with P &Z recommendation? Appears to be the case. So I will close the public hearing. (bangs gavel) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Dobyns: Move first consideration. Payne: Second. Hayek: Moved by Dobyns, Seconded by Payne. Discussion? Dobyns: I just want to mention I think this has been one of the few remaining problems on the Melrose entry into the city, which is a really gorgeous entryway. Um, we've been waiting a long time on the west side for this, uh, so I think it's great ... get this going! Hayek: Great! We have a CZA, uh, at this time? Karr: Yes. Hayek: Okay. Okay, further discussion? Roll call, please. First consideration passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of October 15, 2013. Page 5 ITEM 4b REZONING N. DODGE AND CONKLIN LANE — CONDITIONALLY REZONING APPROXIMATELY 2.19 ACRES LOCATED NORTH OF DODGE STREET COURT, EAST OF CONKLIN LANE, AND SOUTH OF DODGE STREET FROM COMMUNITY COMMERCIAL (CC -2) TO LOW DENSITY MULTIFAMILY (RM -12). (REZ13- 00020) (PASS AND ADOPT) Champion: Move adoption. Payne: Second. Hayek: Moved by Champion, seconded by Payne. Discussion? Any ex parte from the last reading? Any further Council discussion? Anyone from the audience? Roll call, please. Passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of October 15, 2013. Page 6 ITEM 4c WINDSOR WEST - PART 3 — APPROVING PRELIMINARY PLAT (SUB13- 00019) Champion: Move approval. Mims: Second. Hayek: Moved by Champion, seconded by Mims. Discussion? Davidson: Good morning ... or excuse (laughs). Good evening, Mr. Mayor and Members of the City Council. Uh ... we have the preliminary plat for Windsor West Part 3, if I can bring it up here. Here's the location map. Uh, this is actually the second replatting of this; preliminary plat has expired twice. The first time it expired, Parts 2 and 3, uh, were replatted and Part 2 was final platted; Part 3 wasn't. So this is the second replatting. It's basically the same, uh, as you've seen before. Uh, location map here, uh, American Legion Road, um, Scott Park. You see here Scott Boulevard is just off the side of the map here. Um, the ... the final portion of Windsor West, the remainder of Windsor Ridge is over here. Far Horizons subdivision is here, and you can see that Windsor West was designed to have a connection allowed off of Buckingham Lane at some point in the future, uh, if that is desired. Urn ... here is the, well there's a aerial, and then here is the actual plat. Uh, it's 24 lots. Uh, includes small outlot here that'll be added to Scott Park trail connection between these lots. Uh, if you read the Planning and Zoning Commission minutes you know that there was some discussion, uh, of the connections to Buckingham Lane and Cumberland, uh, Lane. That's been planned, uh, since the ... the beginning of the plat and we've ... we feel is consistent with our neighborhood connectivity, uh ... uh, guidelines that we have, uh, in our subdivision code. Uh, but there was some discussion and we can have a, uh, answer any questions that you'd like about that. Uh, Planning and Zoning, uh, there ... there are several infrastructure fees associated with this plat, uh, same as has been, uh, with the original plats, as well. Uh, staff and Planning and Zoning Commission recommendation is for approval. Are there any questions? Thank you. Hayek: Thanks, Jeff. Anyone from the audience? Council discussion? Roll call. (several talking) Yeah! Passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of October 15, 2013. Page 7 ITEM 4d STONE BRIDGE ESTATES - PARTS 8 & 9 - APPROVING PRELIMINARY PLAT (SUB13- 00020) Payne: Move approval. Dobyns: Second. Hayek: Moved by Payne, seconded by Dobyns. Discussion? Davidson: Again, this is a replatting of Parts 8 and 9, uh, here's the location map. Uh, the newly reconstructed Lower West Branch Road, uh, Taft Avenue, uh, edge of the corporate limits as you see here. Uh, there's the aerial and Parts 8 and 9, uh, you can see ... Part 8 is here, Part 9 is here. Uh, they total ... 49 lots on 18 acres, and these are the ... the final additions of this. Uh, there is an outlot. Uh, there's a rather extensive trail system through here, which will, uh, be built and maintained by the homeowner's association, with a public access easement over it, so it will be open to the public but maintained by the homeowner's association. And then there's an outlot here which will be dedicated as public parkland, uh, that's... that's part of that, uh, trail system. Um, and there ... there was a Conditional Zoning Agreement that does allow a fee to be collected, uh, for the reconstruction of Lower West Branch Road. Even though that project's already occurred, the developer will contribute to that project. Uh, any questions? Thank you. Hayek: Thanks, Jeff. Council discussion? Throgmorton: Yeah, I'd like to bring up, uh, a few points, Matt. Uh ... you may remember two weeks ago our friend Brandon Ross came in and had some critical things to say about a final plat, and I'll bet you hardly anybody in our room knows what a final plat is or what a preliminary plat is, and ... if I'm right, I would completely understand that, but I want to say something about the preliminary plat. So here ...here we go. Earlier this year, we adopted a new Comprehensive Plan. Back in, I don't know, April or March. The plan highlights sustainability as the core principle guiding our development decisions. According to the Comp Plan, this means considering three inter - related factors — environment, economy, and society — and "meeting the needs of the present without compromising the ability of future generations to meet their own needs." The question is, and I could have asked this about the ... the pre ... the preceding preliminary plat. The question is, how can we assess whether this or any other preliminary plat conforms with the sustainability objections stipulated in our Comprehensive Plan? But to ask that question immediately raises another question — how can we assess whether our zoning code conforms with the Comprehensive Plan's sustainability objections? Cause, you know, they're... one's built on the other. We approve a final plat because we've already approved the preliminary plat. We approve the pre... preliminary plat because it's consistent with existing zoning, and ... and there... therefore we get back to the zoning. So, here's what I want to suggest — instead This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of October 15, 2013. Page 8 of approving rezonings and preliminary plat plans as if the sustainability ambitions of the Comprehensive Plan did not exist, we should be rethinking how we can incrementally make a transition away from conventional development toward development that is recognizably sustainable. So that raises lots of questions we can't answer `em here. We're going to make a vote on this particular preliminary plat, but ... I think we ought to ... I believe we ought to ... apply some thought to what we really meant when we adopted a Comprehensive Plan that stipulated is the core organizing principle. So on the basis of that, I'm going to vote against this preliminary plat, even though I know it's kind of moving along and everything, but ... just want to lay that out there. Dickens: Do you think that should be brought up in a work session then? Throgmorton: Uh, it's ... it's (both talking) it's a big complicated topic, so it would have to be discussed, uh, pretty deeply (laughs) and I can see Tom smiling. He ... He knows how deep this goes. Every step takes you deeper (laughs) uh, but I think... if we really mean what we said in the Comprehensive Plan, we've got to dive into it. Yeah. Payne: I would love to hear some of your (coughing, unable to hear speaker) so if you could jot them down and send me an email it ... cause it...it is very intriguing, and I don't want to prolong the discussion for hours tonight, but I think it's very intriguing. Throgmorton: Yeah. Okay. Hayek: Further discussion? Oh! Moreland: Matt, can I say one thing. Hayek: Sorry, John. Moreland: Uh, I'm the developer. I'm John Moreland, and um, Jim, maybe it was before you were on the Council, but this plat has been approved for years and... and unfortunately due to the housing downturn, uh, you know, we had to let it expire because we were lucky to do two houses a year. But one thing about it is, I don't think you've taken a look out at Windsor Ridge. We have condominium, condominiums that we have people that can only afford $90,000. They come in. They buy $90,000 a year. Then they have a kid or child, excuse me, and then they come up and they come to Stone Bridge, and they move up a step. They move up, and they maybe move to $225,000 and do that. And then they have three children, and then the husband gets a better job, and they move to Windsor Ridge! And it's been a ... it's been a great development where the City owns all this and I mean I think your, um, I ... I don't think you're looking at the whole picture here when you make the comments you make, and I mean, I've been there since 92, working 70 hours a week, and I don't appreciate the effort that you don't This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of October 15, 2013. Page 9 think that we put into bringing young people through their condo, through their housing development, to their highest price house they can have and ... and you know, I don't mean to ... to belittle ya, but I mean I don't think you appreciate the work that we put into that, making that with parkland and everything else and ... and I think you should vote yes. All right? Throgmorton: Well, thank you. I ... I will vote no and I do appreciate the work that you've put into it, and I have ... I know I have no doubt whatsoever, John, that you're very skilled at what you do, so I do not mean to disparage you personally or anybody else doing the work. What I do mean to suggest is that there are deeper issues that, uh, you ... you kind of just open up and we can't go into `em in great detail here, but I want to say one other thing. One of my sons just bought a condominium, uh, just off Court, uh, near that ... that open space right before you get to Taft. Moreland: Right. Throgmorton: So it's in that general development area. Moreland: Right. Throgmorton: He likes it. I like it. So I don't mean to be condemning or disparaging anybody. What I'm saying is, is that the ... there are all sorts of layers having to do with the kind of development that are arguably not sustainable over the long ... longer run, all right, and now whether I'm right or not, we'd have to find out by going more deeply into it. Moreland: But my only point, Jim, is when it first came up, before it was ever approved at the first preliminary plat, that's when this all should be discussed. Not after it's already been approved and expired just because of the ... the housing downturn, and it's just .... happened to be renewed at this point. I could understand if you would bring it up at the very first stage before it was ever approved. That makes sense. But to bring it up after it's already been approved once, maybe twice, then I think that's a little late in the game. Thank you. Throgmorton: I understand. Dobyns: Jim, you ... we have three plat votes before us tonight. Was there any particular reason why you chose this one? Throgmorton: No, I could have raised the same points with regard to the immediately preceding one. Dobyns: So it was just sort of (both talking) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of October 15, 2013. Page 10 Hayek: I think you ... you're illus ... you're using one of these to illustrate your concern that... Throgmorton: Yeah, and if...if...if (laughs) You know, if...if, uh, our decision rode on this, I would vote for the preliminary plat because I understand the legal requirements and I do understand, as John just indicated, that it was actually approved years ago, etc. I ... I get all that. I'm trying to make a particular point. Champion: Well, yeah, I ... and you ... and you made your point. I'm not saying it's not a valid one but John will get his approval to. Hayek: Further discussion? Roll call, please. Passes 6 -1. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of October 15, 2013. Page 11 ITEM 6. CDBG/HOME AMENDMENT FOR HOUSING AND PUBLIC FACILITY PROJECTS ADOPTING IOWA CITY'S FY14 ANNUAL ACTION PLAN AMENDMENT #1, WHICH IS A SUB -PART OF IOWA CITY'S 2011 -2015 CONSOLIDATED PLAN (CITY STEPS), AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT a. PUBLIC HEARING Hayek: This is a public hearing. The public hearing is open. (bangs gavel) Uh, for the public's information, uh, there's about $235,000 available in CDBG and Home Funds and uh, the proposal is to use those for a UniverCity owner- occupied rehab project, a Housing Fun... Fellowship Rental Rehab Project, and a public facility project, uh, specifically, uh, a parking lot improvement at the Crisis Center. Anyone from the audience? Public hearing is closed. (bangs gavel) b. CONSIDER A RESOLUTION Throgmorton: Move the resolution. Dickens: Second. Hayek: Moved by Throgmorton, seconded by Dickens. Discussion? I think it's a good ...good use of that money. Mims: Yes! Hayek: (mumbled) ...diversity of uses. Further discussion? Roll call, please. Passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of October 15, 2013. Page 12 ITEM 7. NORMANDY DRIVE - REJECTING BIDS RECEIVED ON OCTOBER 8, 2013 FOR THE NORMANDY DRIVE RESTORATION PROJECT PHASE TWO. Mims: Move approval. Payne: Second. Hayek: Moved by Mims, seconded by Payne. Discussion? Champion: What was the estimated cost of this project? Hayek: Just over $400,000 there. Markus: $407,000 — the last item in the... Champion: Oh, okay! Okay. Well, yeah, it says right there, engineer's estimate (laughs) Hayek: The bids came in over, uh, the estimated costs, and the budgeted costs. Further discussion? All those in favor say aye. Opposed say nay. Karr: It's a resolution. Hayek: Oh, is it? (several talking) Yes! Karr: I have Mims, Payne moving and we just need a roll call. Hayek: How about a roll call! Passes 7 -0. I did not see the word `resolution' in there, so in my defense (laughs) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of October 15, 2013. Page 13 ITEM 10b APPEAL OF DENIAL OF APPLICATION FOR PARADE/PUBLIC ASSEMBLY PERMIT TO CONDUCT THE IOWA CITY MOBILE VENDOR FEST IN BROOKLAND PARK ON SATURDAY, OCTOBER 26, 2013. a) CONDUCT HEARING Hayek: Uh, this is a hearing, and so we will open it up at this time. Browne: Hello, Council, I'm Anthony Browne and I ... I was the one that filed the appeal. Hayek: Okay. Browne: And uh, I believe that, uh, the Council should, uh ... uh, reverse the decision of Parks and Rec. I believe that, uh, the event, the Parks and Rec, uh, Director denied the permit for two reasons. One, he said that, uh, the event won't reasonably draw 500 more people, and he also said it wasn't a communitywide attraction that would support the economic vitality of downtown. He also said that there wasn't enough electric in Brooklyn Park to handle the event. Um, regarding item two, I think that's the only real issue here, is that there isn't enough electric in Brookland Park. Uh, I wanted to point out though, that the food trucks that would participate are self - contained and that, uh, they don't need electricity. I'd also like to point out that I didn't know the, uh, electric capacity of Brooklyn Park prior to filling out the, uh, application for a permit and so I didn't mention that we could bring generators. Most of the current licensed mobile vendors downtown have generators so they could bring those out if they were to participate. Uh, regarding item one, again, uh, item one of his reasons of, uh, denial were that the event won't reasonably draw 500 or more people. There's at least two, uh, thousand people that pass through Brookland Park on a game day, for one, and uh, two, uh, if we had mobile vendors present, we would also attract more attention to our event. Um, mobile vending's gained a lot of attention recently by local residents, and a lot of local residents are interested in this issue. If this permit is granted, additional notice can be provided to the public. Uh, as far as, uh, a communitywide attraction that supports the economic vitality of the downtown, uh, this event is being held to support a change in the mobile vending orders to increase the number of mobile vendors downtown. Uh, so in ... in that regard the key word is support. Now support can mean direct support as in child support, or it can mean to advocate, and in this case we're advocating for an expansion of the mobile vending ordinance downtown to increase the number of mobile vendors and also include food trucks. As the Council currently knows, uh, the current food ... uh, the current mobile vendor ordinance doesn't allow food trucks. So, we'll ... one of the reasons we want to have this event is to have a bunch of food trucks come out, have a festival and show that it's a, you know, nothing's wrong with food trucks. Food trucks are mobile vendors just as the food carts downtown are, urn ... and of course we're going to invite all the Council candidates who are running for election this November to come and participate if This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of October 15, 2013. Page 14 they'd like. Council can come too, if they'd like. Um, we're going to invite everyone. It's a communitywide attraction. Um, and we'll, uh, have discussions focused on issues surrounding mobile vending in general. Therefore I ask that the Council reverse the decision of Parks and Rec and allow us to have the permit. This is not a ... an event we want to have on every game day. This is just the one- time thing, uh ... uh, since the election is approaching and mobile vending is one of the issues on the agenda. Thank you. Moran: Good evening, I'm ... Mike Moran, the Parks and Recreation Director. I've got a few slides I just want to show ya, uh, to go through some rationale on how we came to this decision. Uh, the applicant is correct, uh, I did not think that this was going to be a communitywide attraction and draw over 500 people, uh, I believe because of the proximity to Kinnick Stadium that the communitywide attraction was going to be the football game, uh, with that. So, I ... I deemed a communitywide attraction something like Jazz Fest, Arts Fest, things were people specifically go to that event. Uh, this is Brookland Park right here, uh, the applicant... the other thing that we also look at is the park amenities and what can be held in the park and what can't be held in the park. Uh, Mr. Browne specifically outlined this area up in here and this area up here, uh, on his application and I'm assuming that that's where he's going to put the 10 different food vendors and food carts and like he said, they're in trucks and in carts, so the concern I have, of course, is ... we don't have enough space to put people in here without doing damage to the turf, if they're going to be on the turf. We have one water hydrant to furnish anybody that needs water, and we have one electrical system for that. Um, the other thing is if you were to bring in that many people in there, we have absolutely no parking. This is a neighborhood park of three and a half acres. Uh, so if it is going to be a community, uh, wide attraction, I'm assuming people are going to go to that event for that specific per, uh, purpose. Um, but as you can see, this is Greenwood Drive and ... and this is where the park is here. This is Myrtle Avenue and then up to Melrose, and then there's Kinnick Stadium right there. So the proximity is is yes, I believe they'll probably get a whole bunch of people that come through there, but they'll only come through there on their way to Kinnick Stadium. So that was my reasoning for (coughing, unable to hear speaker) a communitywide attraction because I don't believe that they'd specifically attend for that event. I think they'd specifically attend while traveling to the communitywide attraction for that day. Champion: Mike, point me out where Melrose is again. Moran: Melrose is right here. Champion: Okay. Thanks! Moran: And we gave Mr. Browne some options to, uh, do some vending on there because there are some game -day options for vending if that's what, uh, he truly wants to do. We also have other different venues in parks that we can accommodate five, This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of October 15, 2013. Page 15 anywhere from 500 to 2,000 people at. I just don't believe this is one of them that we can do that with. Dobyns: Can we ask questions here? Hayek: Sure, yeah. Dobyns: So, Mike, this park is sort of like the park near my house. That we're both in the Kinnick home football parking zone area. Um ... and my assumption is that, um, let's say in either park, if it was not a home football Saturday, would you still approve this? Moran: Probably not because of the 500 people. We don't physically have a place to put or to store at a park 500 or more at this ... at that park. Dobyns: Okay. Now there's a higher likelihood that it would get 500 on a home football Saturday, but still the... Moran: Correct. Hayek: This is as much a question for ... for the City Attorney as anyone else but the... as I understand it, our ... our ordinance reads that you cannot sell goods or services in a public space, unless you meet one of these carve -outs under 1 -dash ... 10.1.2, that sub - paragraph e. Dilkes: Actually it's both requirements. One and two, yeah. Hayek: Right, so ... but, my question is this: could you walk us through sort of the ... the genesis of these, what ... what the intent was. Dilkes: Um ... this issue involves the commercial aspect of what is being proposed, and that is the selling of...of...of food and beverage and whatever else the carts are going to be selling, and the City code, um... strictly limits when our public spaces can be used for commercial activity. Um, and in order to use a park or a sidewalk or a street for commercial activity, um, you have to ... there has to be a specific, uh, place in the code where that's allowed. And the only one that would apply to this particular event is this section of the code. Um, it was drafted because ... thinking of...of things like the Jazz Fest or the Arts Fest, where you have a large activity that is, um, drawing a lot of people to the community, um, and is beneficial to the community, and incidental to that activity, such as Jazz Fest or Arts Fest, food is being served. Um, so that's the genesis of this exception. Hayek: And is ... and there's a tie to downtown as well. Could you explain that? Dilkes: Right. The ... again, I use Jazz Fest and Arts Fest as the examples, um, where you're not only drawing a large, uh, number of people, uh, or... or taking up a big This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of October 15, 2013. Page 16 space in the downtown, but urn ... you're doing so by way of a communitywide attention that supports the economic vitality of downtown. So the idea is that ... that ... if the selling, if the commercial use is incidental to a large community attraction that is drawing people to our community, um, to the benefit of the entire community, then if incidental to that there is ... there are food sales, then that's something that can be done. Champion: And isn't this park right in the middle of a neighborhood that we heard from all the football stuff last year and made some ordinances as far as vendors go? I mean I can't imagine allowing this in that neighborhood park when the neighbors there are practically destroyed on football Saturdays. Isn't it the same park? Am I right? Mims: It's the same neighborhood. Champion: It's the same neighborhood. And ... and so I can't approve it for that reason, um, I mean, I don't blame him for wanting to do it there on a football Saturday because you are going to have a huge amount of people walking by your carts, there's no question about it, but that's not the purpose of our ... of our parks, and we actually have licenses for vendors along Melrose, and ... and limit that and what they have to do to be there, um... so I mean it's more complicated than just saying you want to use this park to sell food. So I ... I mean, I can't approve... Hayek: Let's ... let's not jump to what we're going to do. We're still conducting the hearing... Champion: Oh, we are? (laughs) Hayek: I just want to be sure we hear from City staff, we hear from, uh, Mr. Browne, uh, you know, and Mr. Browne, if you ... if there's anything you want to say in response to what you heard from Mr. Moran, we welcome that as well. Mike, is there anything else you want to bring to our attention? Moran: I don't believe so. Throgmorton: So I want to ask ... Mike and/or Eleanor a question, cause ... cause we didn't get this until like 2:00 this afternoon, so I know I haven't been able to think about it as much as I'd like to but ... um ... do I understand correctly that someone, uh, like Mr. Browne or anyone else in the community, could not organize a communitywide event that involved the sale of food, unless it had some kind of direct connection to the downtown? Do I understand that correctly? Dilkes: Number one, I ... I want to just address your timing issue quickly so that we're clear about that. Um ... Mr. Browne specifically asked City staff to make a decision yesterday so that he would have the ability to appeal that decision to the City Council, and it would be heard at this meeting. So there certainly was no, This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of October 15, 2013. Page 17 uh, intention to provide you with late material. It was at his request that that was done. Urn ... uh, sec ... with respect to your question, um, the exception requires, and again it's... it's... it's directed at events like the Jazz Fest and the Arts Fest, and it requires that you meet two criteria. The first one is that the event that you're hosting is reasonably expected to draw more than 500 people, or occupy a substantial area within City Plaza or a similar area within the downtown. And then two, it is a communitywide attraction that supports the economic vitality of downtown. With respect to the first prong, or ... there is an or in that sentence. It says `expects to draw 500 or more persons or occupy a substantial area within, uh, City Plaza,' so you could meet one or the other of those criteria, and then you al... you also have to show that it's a communitywide attraction that supports the economic vitality of downtown. Throgmorton: Yeah, so it's still kind of mysterious to me. I ... I, you know, if ..if one wanted to organize a communitywide event that drew more than 500 people at say Mercer Park ... would one have to show a connection to the downtown? Dilkes: Under this criteria, yes. Mims: That was my concern when I saw it too, Jim. I think (several talking) Yeah, I think ... I think that's something that we ... I would want to come back and look at later. Throgmorton: Yeah. Champion: I agree with you. And it was probably just done that way because it was a problem when it came up that we needed vendors. Dilkes: It was done in recognition of Jazz Fest and Arts Fest, and with a sensitivity to trying to be very careful about opening up public spaces for commercial use, because public spaces are generally available for expressive activity, organizational purposes, those kinds of things, and ... and we have tried to be very specific in the code whe ... when and for what reasons, and we had justifications for those, that we would allow people to sell things and thereby make a profit on City property. Payne: So it doesn't mean that you couldn't have organize something in Mercer Park... with more than 500 and not get a permit. It's just under this provision of the code where you're going to have somebody commercially doing something, this is the section of the code, so it's directed differently. Dilkes: For instance, if this ... this provision would have no applicability if somebody was organizing an event for 500 people and providing free food and beverage. This exception is applicable when somebody is selling ... a service or a product, and ...and making money. There's a money exchange as a result. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of October 15, 2013. Page 18 Dobyns: So even if the applicant would provide free food at this, which I'm not recommending, Mike, you would still have the Park and Recreation Department would still not approve this, just because of the impact on the... Moran: That's correct. There's ... we have better facilities we can host an event like that, than this park here. Dobyns: So even if some, you know, some neighbors in good faith wanted to have a bar-b - que party there, the impact still would not be, you know, healthy for the park and you would deny the... Moran: We might not even know about that. (laughter and several talking) Dilkes: Well that wouldn't necessarily be something that was going to draw the number of people that have led to Mike's concern. Dobyns: Right, but yeah ... 500. (mumbled) And clearly this would be, I mean, we're talking about things that'll draw 500 in and of itself. It's unclear if this'll draw 500 people who otherwise are not going to the football game. Moran: That's correct. Hayek: Okay. Any other questions for Mike? Throgmorton: Mike, you did indicate that there are ... you had indicated to Mr. Browne that there were some other pathways by which he could do at least some of what he wanted to do. Moran: (mumbled) Throgmorton: I ... I'm sorry. I don't have the text in front of me but... Mims: You mentioned potentially other venues? Moran: Yeah, we have other park facilities that could accommodate that better, if that's what you mean. I've not recommended that to him. I've not talked to Mr. Browne about them. Throgmorton: Yeah, cause I'm thinking, if...if we conclude that it would be wise to deny, or to support your administrative decision, I ... I'd want to make sure that if... if there were other pathways by which, uh, Mr. Browne could accomplish some of what he wanted to accomplish, that we were clear about what those pathways were. Moran: Yeah, we can certainly look into that and talk to him about that. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of October 15, 2013. Page 19 Dilkes: Well there were a couple of suggestions in, urn ... uh, Mr. Moran's denial, and one of `em was that we have a specific permitting process for game -day vending, um, along Melrose Avenue. Um, it's my understanding in talking to the HIS Director that ... that because we're so far into football season, that's not a possibility now, but that might be something that Mr. Browne might want to pursue next year. Um, and it was also noted that, uh, he certainly can host a candidate forum if he wants to. That's not the issue here. Um, and a shelter could be reserved for that, for instance. Hayek: Okay. Mr. Browne, is there anything else you want to say to us? Browne: ...regarding the 500 people requirement, I'd like to point out that the 500 people won't be congregating there the entire time. Uh, the application was for two hours before the game and two hours after. So within that time period, I'm suggesting 500 people would, uh, assemble so that's one thing. Second thing is, uh, regarding the connection to downtown, I'd like to point out that we intend to invite the six, uh, licensed food carts downtown, and these are existing downtown businesses, so not only would the support change in the ordinance, it would also support the existing businesses downtown, the food carts themselves. So I'd just like to point that out. Thank you. Hayek: Thank you. Okay. I'm going to close the hearing at this time. b) CONSIDER A MOTION (TO AFFIRM, REVERSE, OR MODIFY THE CITY MANAGER'S DECISION) Dobyns: Mr. Mayor, I'll put a motion on the floor prior to discussion. I would, uh, move that we affirm the City staff decision, uh, to deny the application. Payne: Second. Hayek: Motion to affirm from Dobyns, seconded by Payne. Council discussion? Champion: I've already had mine. (laughter) Throgmorton: I ... I don't see a very strong connection to the downtown, and if I'm understanding the code correctly, there needs to be that kind of connection. Um, so as much as I support what Mr. Browne's trying to do in principle, I don't think I can support the, uh, the appeal. Dickens: I'd like to see this event take place somewhere because I'm a big Food Channel fan and I love to eat and I just think that some ... an event like this would be great, but this particular area just doesn't really allow that, so ... but I would support it at some other place. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of October 15, 2013. Page 20 Champion: You know, you're absolutely right. This area simply doesn't support it but there's a huge vending thing in Salt Lake City and they use a city park for it, and it's kind of with their farmers market. You can just go there and spend the whole day eating so don't give up your idea. I just think you have to (mumbled) so it can fit in with our ... with our codes because that's a ... that's a great, people go to that just to eat, they really do! Mims: Yeah (both talking) Champion: I would go to eat! (laughs) Dickens: Making me hungry right now! Champion: I know, me too! (laughs) Mims: No, I think the idea and the concept of bringing the vendors together I think is a great idea, but again, given the location and the timing, and our current ordinances, it just doesn't work. Hayek: Yeah, I mean, I think we have two issues here. One is, does this particular application comply with the laws on our books and I think the answer is clearly no. Um ... but then there are a series of policy arguments that we should take up next to, well, as to the ordinance that's causing us to ... to affirm the denial, but also to look at, you know, where we permit vending, what kind of, uh, facilities we allow or you know what kind of vehicles, that sort of thing. How many vendors, and we've been through this before and... Champion: Yes. Hayek: ...uh, those are policy considerations for the Council to take up if it chooses to do so. But what ... but we can't, seems to me, do that in connection with a specific request like this, which we have to judge against what is on our books (several talking) Champion: ...I mean we do ... certain things, like we have vendors out here on City property at the Farmers Market cooking food and selling it. I mean, so I mean we already have this going on in other places besides downtown... Dilkes: And the code specifically, uh, allows for that, the Farmers Market. Champion: And the Farmers Market in Mercer Park, I don't think they're cooking food there, but they're certainly selling food. So I mean ... it's just an avenue that we have to look at a different way to allow this kind of thing to ... to happen. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of October 15, 2013. Page 21 Hayek: Further discussion? Want a resolution or a voice? (several responding) Okay! All those in favor say aye. Opposed say nay. Motion carries 7 -0, and the denial is affirmed. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of October 15, 2013. Page 22 ITEM 13. CITY COUNCIL INFORMATION. Hayek: Start down with you, Jim. Throgmorton: Okay, well there are four things, I guess, I want to bring up. Uh, the first is the Iowa City Book Festival took place last weekend, October 11th through the 14th. I didn't go to all the events, of course, but I went to a couple of `em and it seems to me it was a ... a very big success. So very pleased to report that. Uh, the second has to do with the fact that, uh, a conference on "Racial Justice and Disproportionate Minority Contact" will take place on Thursday, this coming Thursday, the 17th of October from 10:00 A.M. to 3:00 P.M. in the Lindquist Center at the University of Iowa. So, uh, many people might be interested in that. Is somebody else going to mention the Run for the Schools? Cause I (mumbled) Hayek: Go ahead! (several responding) Throgmorton: Uh, the Run for Schools is going to take place on October 20th, and alas I'm not going to be able to run this year (laughs) That's another story, and we have an election coming up. Who wants to elaborate on the election, about how important it is for (mumbled) (several talking) So November 5th we have an election and as many of you know, uh, one of the topics on the ballot has to do with a referendum concerning, uh, the 21 -only ordinance. So people will make their own judgments about that. We also have an election of City Council Members. There's six candidates for three positions. Two of our incumbents are sitting up here right now, and then there are others who are contesting their positions. So I ... those of you who are going to vote on the referendum, I encourage you to look at who the Council candidates are, form your judgments about who you want to vote for, and ... and check the ballot for the candidates you prefer, instead of just voting only on the referendum. Champion: Yeah, everybody needs to vote! Mims: Short and sweet! Champion: Short and sweet! Right to the point! Mims: Nothing. Dickens: Nothing. Payne: Nothing. Dobyns: Nothing. Hayek: I, uh, wanted to, uh, congratulate City staff on some late - breaking news, uh, this just came out this afternoon that, uh, that for the second consecutive year the City This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of October 15, 2013. Page 23 Hayek: I, uh, wanted to, uh, congratulate City staff on some late - breaking news, uh, this just came out this afternoon that, uh, that for the second consecutive year the City of Iowa City's Finance Department has been awarded the National Distinguished Budget Presentation Award by the Government Finance Officers Association, or GFOA if you're really in the know, and uh, this is the, uh, an award that ... that is the highest form of recognition in governmental budgeting, and it recognizes city, the City of Iowa City's um, budget and um, the ... Dennis Bockenstedt is our Finance Director and he and his team deserve a lot of credit. Our City Manager's Office and ... and the other departments that are a part of our budget process do as well. This is a real feather in our cap and I think it's a ... a, it's an indication of an exceptionally well -run city operation, one that keeps a close eye on the public dollars. So, kudos to staff! Throgmorton: Certainly! Hayek: That's it! This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of October 15, 2013. Page 24 ITEM 14. REPORT ON ITEMS FROM CITY STAFF. a) City Manager Markus: Uh, thanks for those comments. You know, this started with Kevin O'Malley last year and ... and Dennis has kept it going and I'll tell you that the comments are just getting better in the review process every year. (mumbled) by very proud of the work the Finance Department does. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of October 15, 2013.