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HomeMy WebLinkAbout2014-05-20 TranscriptionMay 20, 2014 Iowa City City Council Work Session Page 1 Council Present: Botchway, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton Staff Present: Markus, Fruin, Dilkes, Andrew, Davidson, Miklo, Boothroy, Yapp, Morris, Powers, Kopping, Dulek, Fosse, Hurt, Bockenstedt, Voparil UISG Present: McCarthy Agenda Items: Hayek/ I want to welcome everyone to the May 20th, uh, work session. Let's jump right in. B... but before I forget, um... uh, at the beginning of the formal meeting I'll just make a brief comment about Tom Salm's passing, uh, and uh, which I know has affected all of us, um, and if anyone wants to add anything... please feel free to do so. Um, first bullet item is cou... questions regarding agenda items. ITEM 8. (Revised) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT TO HEARING AND PAYMENT OF A $300 CIVIL PENALTY FROM CVS PHARMACY, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2013) ITEM 12. (Revised) CONSIDER A RESOLUTION ACCEPTING A WAIVER OF RIGHT TO HEARING AND PAYMENT OF A $1500 CIVIL PENALTY FROM THE DEN, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2013) ITEM 13. (Revised) CIVIL PENALTY, GASBY'S - RESOLUTION ACCEPTING USE OF SECTION 453A.22(3) AFFIRMATIVE DEFENSE TO TOBACCO CIVIL PENALTY BY GASBY'S I do want to just point out, in the late handouts we've had several, um, Waiver of Rights on those, uh, civil penalty items. So Items 8, 12, and 13 ... we do not need to take up. Well we'll ... we'll have the resolution accepting the Waiver of Right but we won't have, uh, the formal hearing. ITEM 10. CIVIL PENALTY, NORTH DODGE SINCLAIR - ASSESSING A $300.00 CIVIL PENALTY AGAINST NORTH DODGE SINCLAIR, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2013) ITEM 11. CIVIL PENALTY, NORTH DODGE SINCLAIR - ASSESSING A CIVIL PENALTY OF EITHER $1500.00 OR A THIRTY DAY PERMIT SUSPENSION AGAINST NORTH DODGE SINCLAIR, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2013) Dickens / And I'll have to sit out on ... (several talking) 10 and 11. My son -in -law's family owns those two ... or that convenience store so... Hayek/ 10 and 11? Okay. This represents only a reasonably accurate transcription of the Iowa City City Council work session of May 20, 2014. May 20, 2014 Iowa City City Council Work Session Page 2 Dilkes/ Matt, 13 — we do need to read separately cause that's a different... that's an acceptance of the... affirmative. (mumbled, noises on mic) Okay. (several talking) Hayek/ ... cover that? Dilkes/ Consent too. So you can do that as part of the Consent. ITEM 5b COMPREHENSIVE PLAN AMENDMENT (AFFORDABLE HOUSING IN DOWNTOWN AND RIVERFRONT CROSSINGS) — APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN — DOWNTOWN AND RIVERFRONT CROSSINGS MASTER PLAN TO INCLUDE A SECTION ON AFFORDABLE HOUSING. ITEM 5e RIVERFRONT CROSSINGS FORM BASED CODE — ORDINANCE AMENDING TITLE 14: ZONING, ADDING ARTICLE 14 -2G, RIVERFRONT CROSSINGS FORM -BASED DEVELOPMENT STANDARDS, AND AMENDING OTHER ASSOCIATED PARTS OF TITLE 14 TO INTEGRATE THE FORM BASED CODE. (SECOND CONSIDERATION) Throgmorton/ Matt, I guess I should also mention, I intend to offer, uh, amendments to Items 5b and 5C (several talking in background) and I asked, uh, Julie... actually Marian and through Marian, Julie ... to make copies of, uh, the proposed amendments, and I can distribute `em here. I don't know that we need to talk about `em right now but ... certainly would be wise for y'all to have `em in hand. Payne/ Well I had a question on 5b anyway, which is... Mims/ So do I. Payne/ ...I was a little bit confused that it was even on the, um. ... on the agenda, because ... I guess I was just ... it's kind of premature because I thought we just asked Planning and Zoning last meeting to do some additional research on this. Mims/ Well, we'd asked to have developers involved. Payne /Right! And have... Mims/ ...very specifically, I thought. Payne / Right. Dilkes/ I think this is a timing issue. This ... this issue came up in front of P &Z before you had your discussion last time (both talking) Throgmorton/ ...two pages for each person. This represents only a reasonably accurate transcription of the Iowa City City Council work session of May 20, 2014. May 20, 2014 Iowa City City Council Work Session Page 3 Payne/ So is it ... premature then to even do anything with this at this point, since we asked them to... Dilkes/ I think that's for you all to decide. Payne/ Okay. Mims/ I guess my other concern about it is you got three of the P &Z members who sent a memo saying they would not have voted for it if they had actually seen the final draft (several talking) Hayek/ ...that's the walkability issue (several talking) take up, uh... Mims/ Okay, you're right! I'm sorry! Dobyns/ Yeah, they're... (several talking and laughing) Hayek/ There's that too! Mims/ (laughter) Yeah, there's that too! Okay, sorry! (several talking) Throgmorton/ There were two pages for each person. Hayek/ Yeah, yeah. We got plenty! (several talking) Throgmorton/ You can't have too many! (laughs) Payne/ So, I...I guess, can we ... what do others think about even voting on 5b when we asked Planning and Zoning to do something that would directly influence this anyway? Botchway/ Thought it was a matter of... specificity and what we were talking about from, uh, looking at it from a particular... sorry... particular inclusionary zoning standpoint. So this would be something that was already going to go through regardless. That's what I thought. Mims/ I didn't think so. Payne/ I didn't think so either! That's not the way I interpreted (both talking) Mims/ I thought we specifically asked staff to ... talk to developers and ... and more of an inclusive process there... because one of my big concerns is that this ... this is an area that we want to see develop and I don't think we want to be sitting here, have a Council sitting here 10 years from now and have made no progress down there. And so I think not only what's in place, but the ... the perception of what is in place is also very important, and so I think this is something while ... I'm supportive of trying to do This represents only a reasonably accurate transcription of the Iowa City City Council work session of May 20, 2014. May 20, 2014 Iowa City City Council Work Session Page 4 something with the affordable housing in that area, just for me in reading the language, I had made a note because I think ... I think the language in itself is confusing. That people could read this and think that it requires affordable housing, when in fact the language says it requires us to `consider' incentives and policies. It doesn't say we have to pass; doesn't say we have to give incentives or pass policies, but I just think the ... the confusion of the language and that this is before we've had an opportunity to have any developers and other people involved in it, my ... I would either vote to defer it or I will vote it down. I won't support it. Throgmorton/ Boy I don't ... I ... I don't read it that way at all, Sue... Susan. It ... it doesn't seem to me to be remotely mandatory. The ... the proposed amendment that's before us, uh, it just says we'll ... we shall consider, right? It doesn't say anything about what will happen (both talking) Markus/ Be ... before you go any further, maybe we could have staff just kind of give you the sequence of events that kind of led to all of this. Doug or Bob, you want to ... jump in. Boothroy/ Before I turn it to Bob, Susan, I wanted to tell you that I've already scheduled a meeting with the Homebuilder's Association on August 26th at 7:30 to begin the process of talking about what you referred and uh... Mims/ Okay, great! Boothroy/ ...and we plan to have two to three meetings just to talk about what this means and... and how it might look, uh, before we come back to P &Z or yourselves, so ... and then Bob can give you the sequence about this Comp Plan amendment. This is not a regulatory amendment. This is a, uh, goals -type of amendment in the Comp Plan. So maybe you can explain that. Miklo/ Yeah. While the Commission was discussing the actual Riverfront Crossings' code that ...that's, uh, you voted first consideration at your last meeting, um ... Sally Scott submitted a letter requesting that in addition to the code being considered, the plan itself be amended to include some language about affordable housing, and her letter included some very specific languages about percentages and years and timing and such. Um... based on that request, the Commission did decide to look at some broad language to be included in the Riverfront Crossings /Downtown Master Plan, and this is a result of...of that discussion, realizing that any specific, uh, requirements would require further review and discussion, and come back before you and the Planning and Zoning Commission, and that's what we understand is being ... was initiated last time, that you wanted us to study the question more, uh, in terms of any specific requirements, but that this language simply puts a statement into the Riverfront Crossings /Downtown Plan. Um, that doesn't require any specific affordable housing. It just raises it as a policy. Payne / And isn't that already there when you have density bonuses anyway? I mean, we have the bonuses there, so doesn't that already insinuate that somebody is going to consider it? This represents only a reasonably accurate transcription of the Iowa City City Council work session of May 20, 2014. May 20, 2014 Iowa City City Council Work Session Page 5 Miklo/ It addresses it in some fashion. Hayek/ But... so... so, but this came out of P &Z or up through P &Z prior to our last meeting when we said (both talking) Markus/ That's correct. Miklo/ That's correct. Hayek/ ...all of us I think agree, and we're gonna send the issue to Planning and Zoning for a... for an analysis and a set of recommendations as it relates to this district. So... Markus/ So as a... Hayek/ Do I have that right? Markus/ ... a coincidence (laughs) Hayek/ Okay. Throgmorton/ Can ... can we revisit that just a little bit, maybe to refresh our memories or at least my memory, about what specifically we asked the staff to do, with regard to this topic during our last meeting. What do you understand we... Miklo/ It's our understanding that you asked us to, uh, study inclusionary zoning, limited, uh, area Riverfront Crossings, um, to see what other communities have done, uh, see what might be possible here and um, work with the Planning and Zoning Commission to come back with... a recommendation, um... and... and research. Payne/ And ... if I remember right, Matt, one of the things you and I had... mentioned was, we didn't want this to stifle the development... Mims/ Uh huh. Payne/ ...so we wanted the Homebuilder's to be involved in the discussion so that it didn't ... you know, we don't want to do something that's gonna... Hayek/ Yeah. Payne/ ... stifle development. Botchway/ But this particular amendment doesn't speak to that. This is just, I mean, this is already what the Planning and Zoning Commission... make sure I'm saying this right. This is ... already what the Planning and Zoning Commission had put forth in the meeting. I'm assuming the motion was mine when I asked for, uh, looking into inclusionary zoning. Be based on the Council saying that, you know, from this we were going to go This represents only a reasonably accurate transcription of the Iowa City City Council work session of May 20, 2014. May 20, 2014 Iowa City City Council Work Session Page 6 with this and, you know, all vote for it, but then we were going to go back to staff and the Planning and Zoning Commission to look at inclusionary zoning, and look at other, uh, affordable housing bonus situations. That's what ... I had put forth. I'm... Miklo /In regard to the code itself. Botchway/ In regard to the code itself (both talking) correct, not to this, right. Miklo/ ...which this ... this ball was already rolling (several talking) Botchway/ Exactly! Dickens/ I don't remember inclusionary. Hayek/ Well I ... I think what we sent to P &Z included a look at inclusionary zoning (several talking) Dickens/ Looking at it, but not... Hayek/ Right, but ... but, I mean, I think this language is ... I know it's been watered down a little bit, but it's still pretty strong. It says, "Shall consider among other things, requiring affordable housing." Requiring it, which ... which I interpret to mean mandatory inclusionary zoning, which is a different kind and it may be something the City wants to do, but it comes with its own set of issues and one of the things I recall us directing staff to do in connection with sending this back to P &Z was to include a broader, you know, the ... all the stakeholders, from the ... from the non - profit center to the ... to the developers who might, uh, be the ones actually building this ... this kind of housing, and everybody in between. Um, and I think that process should unfold, and I don't ... I just don't see a reason why we ... would need to adopt this resolution now before that process plays out. We could defer it. We could vote it down. I'm happy deferring it ... um, indefinitely. Miklo/ ...the intent was ... only for City ... City-assisted projects and not across the board. Dobyns/ You know... Mims/ But still that impacts (both talking) Dobyns/ I only feel three votes here. Um, we need four votes. Um, I don't think we have it. Um, I just want to keep this discussion about the (mumbled) inclusionary zoning in this district moving. I don't care if it moves in P &Z or among City staff, but I ... I don't think we have four votes. Is my guess on this. I just want to keep it moving (both talking) Mims/ I agree! Dobyns/ ...some entity within the City governance. This represents only a reasonably accurate transcription of the Iowa City City Council work session of May 20, 2014. May 20, 2014 Iowa City City Council Work Session Page 7 Mims/ I agree, but I would like to keep it moving in the fashion that ... I recollect we directed in the last meeting (both talking) Dobyns/ That's what I'm hearing at the table. I just ... and I just ... I just, um... Mims/ If my recollection's correct. Hayek/ Is there any way just to (both talking) Dobyns/ I'm willing to vote for this as is, but I ... I don't ... I think (both talking) Dilkes/ I don't think there's (mumbled) argument about what (both talking) Dobyns/ ...and I ... so the, going back to Planning and Zoning for them to discuss this further (both talking) Mims/ Well I think even before it formally gets to P &Z I think we had directed staff to ... as, you know, Doug has said, he's already set up a meeting. It's not till August, but with Homebuilder's Association, but with any other pertinent developers or whoever, um, to... and any other stakeholders that staff thinks are... Dobyns/ As long as it has a process, Susan. Mims/ Yeah. Dobyns/ As long as it has a process. It has wheels on it. Dilkes/ We can, I mean ... how about ... we can defer this indefinitely and bring it back to you when the other proposal comes back. Dobyns/ ... catches up with us? Mims/ Yeah. Dilkes/ I mean that's one possibility. Payne/ So the ... so that the Comp Plan amendment and the ... other part of the inclusionary zoning is kind of together. Hayek/ Well they would seem to (both talking) Payne/ ... go together! Hayek/ ... they ... they would seem to go together, and I think it's just more consistent to do that. We started a process. I think it's the appropriate place to have that research done, and there were recommendations formulated. This represents only a reasonably accurate transcription of the Iowa City City Council work session of May 20, 2014. May 20, 2014 Iowa City City Council Work Session Page 8 Payne/ It seems ... um ... I guess premature to ... to vote on this, and to pass it, and then to do something different through staff recommendation and P &Z, that would then have to change this ... because of what they recommend. So I ... I would agree that we should defer this until we get their other recommendations. Dobyns/ So what would be the language, Eleanor, to move to defer until Planning and Zoning discusses the item? Would that be the language? Dilkes/ Just move to defer it indefinitely, with the understanding it'll be brought back to you when the recommendations come from P &Z and ... staff. Dobyns/ So indefinitely is strong but ... (laughs) Throgmorton/ Well, you ... you folks might want to defer and that's what we will do because the votes are there. I see it as a very lukewarm amendment, that doesn't mandate anything other than thinking, basically. Payne/ But it is a Comp Plan, not the actual code. Throgmorton/ Yeah, in the Comprehensive Plan, right, to think! (laughs) About affordable housing! And ... if we're not ... if we're not going to think about affordable housing in this district... where are we going to think about it? Payne/ I don't think anybody's saying we're not going to. (several talking) We're just saying we want them to be ... the ... the two things to be together. Hayek/ I think this is an issue of timing, I mean, the ... the... Payne/ Yes! Hayek/ ...you can express surprise that there might be resistance to this resolution. I guess I would come back and say I was surprised to see this resolution when only two weeks ago we decided to send the entire issue regarding this district to P &Z for ... for that ... for the process, and so, um, you know, and I understand how this came up because it came up without the benefit... without P &Z having knowledge that we were instructing staff and P &Z to go in this direction. So I, you know, I can understand the concern there, but I just don't see a reason to ... to ... to move on this when ... when we haven't... heard back, much less deliberated the issues that we've requested research on. Throgmorton/ So let me suggest a ... a procedural, um ... uh, a possible, well, procedural question. Uh, I for one can say I did not re ... when I was preparing for tonight's meeting, I did not remember that we made, uh, some kind of decision, and frankly based on the conversation we've had, I think we've struggled to remember. So ... uh,. I mean, we had to ask staff what did we ask you to do. This represents only a reasonably accurate transcription of the Iowa City City Council work session of May 20, 2014. May 20, 2014 Iowa City City Council Work Session Page 9 Hayek/ Well, you asked staff that. I... (several talking) Payne/ I remember it. Hayek/ ...two weeks ago, and I'm fairly certain that that's the direction we took. Dobyns/ I think what's important is what's happening now, and I see ... the majority of Council wants to keep, I mean, I'm really pleased, Jim, that we had the discussion of inclusionary zoning as a consideration, and in the narrative of Council discussion and City Planning. I think that's great! Um, and I think it's an acceptable process to keep it going. Hayek/ So if we were to defer indefinitely, would we not ... there's a public hearing associated with this, I believe. Would we defer before the public hearing is closed? Dilkes/ You're probably going to want to ... well, we're going to have to set a new public hearing anyway, because ... if we're going to defer it indefinitely. So you probably want to open it and close it. Hayek/ Open it and close it? Dilkes/ Uh huh. Hayek/ And then move to... Dilkes/ And then move to defer indefinitely. Actually ... you know, why don't you just move to defer it indefinitely and we'll set a new public hearing, cause we haven't held one and we have to. (mumbled) Payne/ So we won't open the public hearing? Mims/ Open it and close it, she said. Dilkes/ No, I don't think you should (several talking) I think you just defer it indefinitely. We have to have a public hearing, and we'll set that when we get to it. Mims/ Okay. (several talking) Hayek/ Um ... all right, anything else on that? Other agenda items? Throgmorton/ Is there any kind of written text of what we instructed the staff to do? Dilkes/ Yes there is, in the minutes. Throgmorton/ Uh ... how many of us read the minutes? I didn't read the minutes. I ... I'm expressing frustration. I think I'm not alone. Occasionally we all have ... uh... This represents only a reasonably accurate transcription of the Iowa City City Council work session of May 20, 2014. May 20, 2014 Iowa City City Council Work Session Page 10 Dilkes/ We can certainly pull that piece of the minutes out and give it to you in a memo. Throgmorton/ I ... I personally would find that helpful. Dilkes/ Sure! Throgmorton/ Okay. Thanks. ITEM 3d(10) RENTAL AND LAUNDERING SERVICES - RESOLUTION AUTHORIZING THE PROCUREMENT OF UNIFORM AND TOWEL RENTAL AND LAUNDERING SERVICES. Payne/ I had a question about 3d(10), which is the laundering services. What do we launder? (several talking and laughing) Apparently a lot! Markus/ We had ... we had that very conversation! (laughter) Rick, you want to jump in? Fosse/ Well the uniforms for our staff in Public Works and Parks and... and that sort. Lot of times they're working with stuff during the day that ... that you come in contact with that you don't want to take home and put in the laundry with your family laundry. So we provide uniforms, that provide then the protection, and then we launder those uniforms, as well. That make sense? Garbage, chemicals (several responding) that sort of thing. Okay. ITEM 5b COMPREHENSIVE PLAN AMENDMENT (AFFORDABLE HOUSING IN DOWNTOWN AND RIVERFRONT CROSSINGS) — APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN — DOWNTOWN AND RIVERFRONT CROSSINGS MASTER PLAN TO INCLUDE A SECTION ON AFFORDABLE HOUSING. Throgmorton/ I think it'd be helpful to know who the staff intends to talk to, uh, about this particular topic. I don't know if, Tom ... I don't know if you or Doug or ... we don't have to hear it now. I'm not asking for that, just that ... that it'd be helpful to have some idea of what process you have in mind. Mims / Are you back on 5b? Throgmorton/ I'm sorry, yes! Hayek/ Oh! Throgmorton/ Sorry! (mumbled) Hayek/ 5b. This represents only a reasonably accurate transcription of the Iowa City City Council work session of May 20, 2014. May 20, 2014 Iowa City City Council Work Session Page 11 Throgmorton/ Yeah, 5b. Hayek/ So, uh, who staff intends to speak to (both talking) Throgmorton/ Yeah... Hayek/ ...we could get a memo on who that meeting is set up with, etc., who the stakeholders will be. I think it's appropriate. ITEM 3d(13) 2013 SUMMER SIDEWALK REPAIR - RESOLUTION ACCEPTING THE WORK FOR THE 2013 SUMMER SIDEWALK REPAIR PROJECT. Payne/ I have... course have a question about 3d(13), when the ... bids were $32,000 and the actual cost was $45,000. That is the sidewalk repair. I think ... is that you, Rick? (laughs) (coughing) So did we have lots of change requests or we added something to it? Fosse / Right! It's a unit -price contract. So we just got more done at that price. Payne/ Okay. And then... so... so the difference in the price is about, what, $13,000 or something like that? Does the City Manager approve that because it was unbudgeted? How does that change get approved? Fosse/ As long as we operate within our existing budget (both talking) Markus/ Budget authority, I have the authority to do it. Yeah. Payne/ Okay. Thanks! ITEM 5c RIVERFRONT CROSSINGS FORM BASED CODE — ORDINANCE AMENDING TITLE 14: ZONING, ADDING ARTICLE 14 -2G, RIVERFRONT CROSSINGS FORM -BASED DEVELOPMENT STANDARDS, AND AMENDING OTHER ASSOCIATED PARTS OF TITLE 14 TO INTEGRATE THE FORM BASED CODE. (SECOND CONSIDERATION) Throgmorton/ Uh, on 5c, Item 5c, uh, the form based code. One of the pages that I handed... distributed to you, um, list three proposed amendments to the, uh, to the code. Uh, I don't ... if there...if there's a person who would second it, I would like to introduce those amendments and discuss them during the formal meeting. (mumbled) Hayek/ Um ... procedurally, Eleanor, if...if the Council were to adopt these modifications, what would it do to the three readings? Dilkes/ I'm sorry. This represents only a reasonably accurate transcription of the Iowa City City Council work session of May 20, 2014. May 20, 2014 Iowa City City Council Work Session Page 12 Hayek/ If...if Jim's, uh, motion on 5c is adopted by the Council, we are in the s ... second reading, are we not? What does it do to that process? Dilkes/ Probably... yeah. Hayek/ Start over? Mims/ (several talking) ... significant enough that we need to start over? Dilkes/ Well, it's hard not to call `em substantive, so I think probably you'd have to start over. Hayek/ Okay. Mims/ In the current language, if... if there's a density bonus given for affordable or workforce housing, is there any language in there that says how long that must be maintained? Miklo/ Uh, no there isn't, and that was specifically left open, uh, to allow it to be negotiated on a case -by -case basis. There are different federal or state programs that provide funding and they have different timeframes, that was one of the reasons it was left that way. And this ... this is an item that was... discussed at Planning and Zoning, so I, um ... if there was a change, this would have to go back to them, I believe. Eleanor, is that... correct? Dilkes/ Probably. Markus/ Do you know a range of times, Bob? Miklo/ Um ... I'm not familiar with ... with those ... I ... I think they generally are at least 10 years, urn ... (mumbled, away from mic) Boothroy/ (away from mic) Some of the projects I've been involved with are 20. So it depends on ... on the circumstances. Some were 10, some were 20. It could be in between; I don't know. Markus/ Any less than that (both talking) Any less than that? Boothroy/ I don't ... I can't ... I'm only familiar with those two time periods ... for things that I've worked on. Payne/ But this is something that's dictated by code, by what... Boothroy/ Usually by the grant or by the application of...of the monies received if you're getting funding from the State or from some other source — the feds or whatever. There might be ... there's a ... there's some kind of condition tied to that. If you're going to take the money, this is what you've got to do. And, uh, so like the Peninsula project up, uh, that we built. That was a 20 -year, uh, thing with the State. For affordability. So... This represents only a reasonably accurate transcription of the Iowa City City Council work session of May 20, 2014. May 20, 2014 Iowa City City Council Work Session Page 13 Hayek/ But this is ... that ... that first item is something that P &Z looked at, I mean, since (both talking) and they decided... Miklo/ ...was a proposal to put in a timeframe and ... um, there was quite a bit of discussion regarding the pros and cons of that, and they just decided not to put in a timeframe. Hayek/ Keep it flexible (both talking) Throgmorton/ Do you remember... do you remember what the vote was? Miklo/ I do not remember what the vote was. Dobyns/ Probably just part of the discussion, so... Miklo/ Something else to consider that if there are more than two floors of bonus height being granted, the Council would be ... would decide and ... and you would be part of that discussion and decision on how many years. Boothroy/ One of the things that, uh, as ... as we go through the process of meeting with the stakeholders, uh, and it's critical that ... that we approach this very open -ended so that they have a chance to weigh in and... and look at all the, uh, pros and cons. You know, we would look at, uh, all the density provisions in the afford ... with regard to affordable housing, uh, as part of the amendment to the River (mumbled) Crossing, uh, and put that together in one package that would come back, uh, so if there is any inclusionary, it might impact this particular provision, but at this point in time, um ... uh, we're not dealing with it or changing it because we're waiting for that process to play out. It... you know, in talking to the Homebuilder's Association, I think one of the things that I told them is ... is that they're on the ground level. We're tal ... we're dealing with talking points. This is an opportunity to weigh in and have a frank conversation about what works and what doesn't work, and we really ... I think, really need to have that process work and not have it top -down, uh, from staff or from some other source. Mims/ Jim, I agree about ... having a minimum number of years. I mean, I'm really concerned about giving incentives... Throgmorton/ Uh huh. Mims/ ... for affordable or workforce housing and then they only have to maintain it for five or 10 years (both talking) Throgmorton/ ...and then suddenly it's market rate. Mims/ Yeah, I totally agree with you... conceptually on that. But given what we're hearing... and the fact this would have to go back to P &Z, I want ... I want to look at this from a bigger picture standpoint. Um, because I'm just not sure this is the best way yet to go about it, but conceptually I agree with what you're trying to get at. This represents only a reasonably accurate transcription of the Iowa City City Council work session of May 20, 2014. May 20, 2014 Iowa City City Council Work Session Page 14 Dobyns/ What would happen .... it would go back to the, I mean, my recommendation, it's only on second consideration, is that vote it forward and have ... I mean, has staff looked at this, Jim? I mean ... I recognize it, but has staff... (both talking) Throgmorton/ ...well apparently (both talking) part of the P &Z process. Dobyns/ They have, okay! All right. So they're familiar with it but they ... okay. Um... Miklo/ We do have some projects that are ... ready to apply for (mumbled) the zoning on the ground. Dobyns/ Does this have to go back to P &Z, I mean if we don't ... if we start over again, I mean... Dilkes/ Well, generally if...if we've got ... because of the consult provision with P &Z ... that requires you to consult with them if you're going to make a change ... if we're making a substantive change we ... you go back and have that consult. Dobyns/ But it goes back to them. Dilkes/ You have a con ... you have a meeting with them to talk (both talking) Dobyns/ Oh, I see, cause ... all right. Okay. Throgmorton/ We ... we did that once, like two years ago, Rick, on some other topic. Dobyns/ Sure, yeah. Um... Hayek/ Well I would like to get this... underway, if—especially if we have some projects in the wings. And I don't think there's any reason we couldn't thereafter go back and ... I mean, this code is going to change, no doubt multiple times over the years. Dobyns/ Could City staff just, uh, we approve it for second consideration; prior to final approval next time have them come back and... readdress these issues? I mean, I... Mims/ Well it sounds like (both talking) would have to go back to P &Z though, because P &Z discussed it. Dobyns/ I know. Mims/ Okay. Dobyns/ Yeah. Mims/ So it'd just be the second to. This represents only a reasonably accurate transcription of the Iowa City City Council work session of May 20, 2014. May 20, 2014 Iowa City City Council Work Session Page 15 Miklo/ They ... they also discussed the second one. Mims/ They also discuss the second one specifically? Miklo/ (both talking) ...bonus height at one point was 15 floors. They brought it down to 12. Mims/ So it's at 12 now. Okay. Dobyns/ I just don't know if I have my head around this issue right enough to stop it and send it back to P &Z. Mims / Right. Dobyns/ So my gut tells me ... but being a consideration, just move it forward and ... um ... someone could bring this back maybe just for me (laughs) Mims/ ... don't do that! (laughs) Dobyns/ ...but the next time... Throgmorton/ Wouldn't ... it wouldn't go back ... these two wouldn't go back to the P &Z Commission, right? We'd have to consult with ... consult with `em? Dobyns/ But we'd have to vote, uh ... I don't know. I might ... I may decide just to keep moving forward (both talking) Hayek/ I think it would start the readings over. It's a material or substantive change (both talking) Dilkes/ We're talking about two issues here. We ... we'd have to start the readings over, and we'd have to ... you'd have to have a meeting with P &Z. And now that could be ... if... that could be prior to your ... next meeting for instance. But ... if there's a decision made... that you want to make these changes, then you're going to have to back up to first consideration (both talking) Dobyns/ I'm not even that far yet. I'm not even sure I want to make the changes. I'm just ... you know, I ... I just proceed .... I'm going to ... I'm going to vote for second consideration. Throgmorton/ So... so let me suggest this. Uh, instead of me offering these amendments tonight. Maybe staff can look at `em if they have some... some other insight they want to provide to the Council, they can do it; and I'll offer the amendments next ... at our next meeting. Hayek/ Okay! Throgmorton/ And ... you know, if there's a second, there is. We talk about it and ... and so on. This represents only a reasonably accurate transcription of the Iowa City City Council work session of May 20, 2014. May 20, 2014 Iowa City City Council Work Session Page 16 Dobyns/ As for me, if it's compelling enough to send back to P &Z, I won't vote for final approval. Throgmorton/ Okay, cou ... could I ask, uh, Bob a clarifying question on the ... on the height? I ... I think I just heard you say the maximum permissible height, after bonuses, would be 12 stories. Did I hear (both talking) Miklo/ ...the west riverfront. Throgmorton/ Just on the west riverfront. Okay. So this part the ... that, the amendment I proposed has to do with the park district, uh, well, sorry, park district and on the west side of the river, so the park district the maximum is 14, right? Miklo/ Um, I...14 or 15, I'd have to... Throgmorton/ (mumbled) Anybody else remember? Well anyhow... anyhow it's not 12. It's more than that. Yeah. Hayek/ I think it's a good idea, Jim. Get some staff... reaction to these proposals in advance of the third reading, and we can have a little more information as we ... and Jim can offer them at that time. Dobyns/ Keep it going for now. Hayek/ Other agenda items? By the way, on these civil penalties, and this is ... Kingsley's edification as much as anyone else's. This is the first time, I think, you've been stuck with a slew of these (both talking) Botchway/ Yeah. Hayek/ ... uh ... as I understand it, correct me if I'm wrong, Eleanor, uh ... the County Attorney will be here. Um ... and we will be told that, uh ... as long as the Council, uh, is satisfied that there was a conviction, that under the, um, statute we don't have really much choice but to impose the fine or the ... uh, the suspension of sales. Dilkes/ Yeah, really the only issue with the ... at the ... hearing or the, um ... (mumbled) gets to say what they want to say is whether there's been a conviction entered. Hayek/ Will Andy Chappell be here ... for this? Dilkes/ Yes! Hayek/ Okay. Okay. Other agenda items? All right. Well let's move on. Next item is, uh, discuss staff proposal for a 2014 mobile vending /food truck pilot program. Discuss Staff Proposal for a 2014 Mobile Vending/Food Truck Pilot Program: This represents only a reasonably accurate transcription of the Iowa City City Council work session of May 20, 2014. May 20, 2014 Iowa City City Council Work Session Page 17 Fruin/ Okay, I'm going to take the lead on this discussion. You have a memo in your packet from me, uh, and for the last couple of months on your pending work session list, there's been an item to look at our mobile food vending policies and food truck policies, and so, uh, over the course of the last, uh ... uh, several weeks, I've started to educate myself on... on this issue and how cities have, urn ... uh, considered regulatory changes to, um ... the ... accommodate a ... a growing, um ... uh, a growing sector of the food service industry. What I quickly realized is that there's... there's no, urn ... one solution that works well for any given city. These its ... issues, uh, can be, uh, contentious. There can be widely different viewpoints. Um, and it really comes down in ... in my views, uh, is just what does the...what are the community values and ... and uh, how do you tailor regulations to express those values, and that's a really tough thing to ... to do. It's certainly a tough thing, uh, for us to craft, or for you to craft, uh, regulations, uh, and not knowing exactly how those will play out. So, what um ... the idea that ... that staff started to work on was, well, maybe we can do a ... a ... a pilot project ... uh, and test a few different scenarios this year, and that will help inform us, uh, on some longer -term policy solutions going forward. So the goal here would be to, uh, test three different locations, uh, each would have unique characteristics that I think would ... would, um, again help inform policy decisions. Uh, we can run that pilot, uh, from the, uh, essentially mid -July through, uh... uh, late- October and then begin to, uh, have some... discussions this winter on ... on longer -term solutions to ... to meet, uh ... uh, the...um...mobile vending, uh ... um, proponents, uh, desires. So what we've laid out here is, uh, again three different locations. Uh, one, uh, the first location would be Chauncey Swan Park and the goal here would be to test a location close to downtown. Uh, that's where we see certainly the most demand, but that's also where we're going to probably hear, uh, the most debate, uh ... uh, you're going to hear from perhaps existing businesses who have concerns about, uh, about an increased presence of multiple vendors. So we looked for a public space, uh, in close proximity to downtown, and we've, uh, recommended here that for two days a week through the pilot period, uh, we try a ... a mobile vending operation in Chauncey Swan Park. That would include, uh, five, uh, mobile vendors. Uh, we've suggested that existing brick and mortar businesses, uh, located within the city receive a preference on that, urn ... that's urn ... you know, I think having that aspect, uh, will ... will certainly help inform us, uh, going forward, uh, cause that seems to be the crux of a lot of debates is this relationship between the mobile vendors, the food trucks, and the existing brick and mortar businesses. So, we're curious to see how that plays out and some of the reactions we might get to that provision. Permit costs, as you see, uh, standard with the Farmers Market and, uh, we're suggesting that the vendors are essentially self - contained. Uh, no electricity, um ... they clean up after themselves, uh, and so on. The second location, uh, would be, um... City Park, and what we want to test here as opposed to the downtown location which is going to, uh, both be a destination and just naturally draw the crowds that are already down there. City Park would be, uh, a situation where we would just want to add that service as an amenity to the park. So we're not necessarily looking to bring people to the park with this service. We're looking to supplement a service down there. And the final, uh ... urn ... location we've suggested is the East Side Recycle Center, and this would be a... a, purely a destination location. And we would look to the mobile vendors to market it and, uh, to try to bring people out there, and we want to see how, uh, This represents only a reasonably accurate transcription of the Iowa City City Council work session of May 20, 2014. May 20, 2014 Iowa City City Council Work Session Page 18 particularly in this case, um... successful it is in bringing people out to the Recycle Center, exposing them to our operations out there, and the operations of the non - profit partners that we have out there. Uh, there's some subtle differences between each of the sites in terms of logistics. Uh, the selection process and whatnot. Again, some of those help inform policy but some also would help inform us if we, um ... look to extend this into future years. So, I can answer any questions. We've met with, uh, several of the interested, uh, mobile vendors, a handful at times, over the last couple weeks and I think we're in general agreement. Um, there's ... I couldn't say that they like everything in here, um, but um, I think, uh, they're generally pleased with... some movement on this front. So... Mims/ Geoff, on the (several talking) Payne/ Go ahead, Susan! Mims/ On the East Side Recycle Center, are you looking at ... trying to set those dates when there might be something else special going on out there in terms of any kind of an educational event or ... you know, something else that would also be drawing people or... Fruin/ Yeah, it could be...it could be a, uh, hazardous waste, uh, collection day (laughter) or uh, you know, maybe that's not a good example (several talking and laughing) but um, but... but honestly, yeah, we look to, uh, we look to do that. Um ... uh, we ... we didn't select any dates for that. We thought maybe there'd, you know, we'd just pick a handful, uh, three or four and see if that destination works. Uh, we might try a weekend, a weekday, and see, you know, what the difference is and ... reaction we get. Mims/ Okay! Payne/ My ... my concern with the East Side Ri ... Recycling Center is, there isn't much parking there to start with, and then you put some food vendors in there and now there's even less parking, and you're making it more of a destination -type thing. So ... um ... I ... I just think that that ... that place could, that location could create ... cause frustration for people... Fruin/ Yeah. Payne/ ...just trying to go to the Recycle Center to start with. Fruin/ I agree. Um, the ... you know that's certainly, you know, something we ... we would have to ... to look at, um, and not knowing how many vendors we would put out there, we ... we would consider that, but frankly there are few publicly owned spaces that we can try this on. This was one where we have services and there's other services that might benefit from additional crowds, so we selected this one. Um ... there's a handful... there's more than a handful of.. of private locations where this can work on it, and we would permit that through our temporary use permit, but it's just not naturally occurring. So we thought if we ... if we tried it, maybe we'd demonstrate it works. Um, and if it works, that doesn't necessarily mean that we have to continue to provide the public space, but it may This represents only a reasonably accurate transcription of the Iowa City City Council work session of May 20, 2014. May 20, 2014 Iowa City City Council Work Session Page 19 show some of the ... the private landholders out there that ... that they could, uh, use this model to supplement, uh, their businesses as well. Botchway/ What about, um, and again, it's been a little bit since I read it. What about... on the ped mall, and Sycamore? What about those two locations? Fruin/ Sycamore Mall would be private and they could, uh, through the temporary use permit provisions that we already have, have ... they could have food ... food vendors out there. Um, you see some food vendors on private property throughout the ... the town right now. An example would be the snow cone vendor at HyVee. We used to have a, uh, there used to be, um, a hamburger place in front of Fin and Feather, in that parking area. So, you can and it's relatively inexpensive. I think it's $100 for the season. You can get a permit, um, to ... to operate that type of operation, um, in a ... in a number of places. So Sycamore, that's up to the ... the, uh, property owners themselves. Urn ... the ped mall, we have six, uh, existing licenses or leases with vendors. They're three -year, urn ... uh, commitments that the City has with each of those vendors. I believe we're in, uh ... the middle of year two if I'm not mistaken, and so, uh, come again next year we'll have an open application process. Now frankly through... through this experience we have right now, I could see a situation where, you know, we may want to change our ped mall regulations, based on what we learn here. If Chauncey Swan is ... is a ... a very successful pilot and people seem to, uh, gravitate towards that type of environment, um, you could, uh, maybe contemplate, uh, a situation where the City wants to pull back from the ped mall licenses and focus more on that type of Chauncey Swan model. Until we go through it I ... I don't know, you know, what everybody's reaction would be, but I think it ... I, even though we're not involving the ped mall vendors, I think we're going to learn a lot, uh, that could influence the policies that regulate the ped mall vendors. Botchway/ My fear is ... assuming that, you know, say it doesn't work out for Chauncey Swan... we would then possibly make a policy decision on the ped mall that would have, to me, no correlation. I mean, Chauncey Swan and the ped mall, to me — again this is just to me — are two different areas, and you know from a... from a mobile vending, where everybody's at, where we're trying to make the epicenter of Iowa City, everybody to come at, it would be — for me it would be important to have that type of culture really culminate from that particular area, I mean, and just extend it down ... I don't know the streets (mumbled) right now but urn ... uh, extend it down where you have the, uh, walking taco truck. Sorry! I'm going to start talking in food references! (laughs) But ... extend it down that way cause there's open, to me there's open spaces, especially if some of the provisions speak to, um, the fact that they have to be self - contained. And so this wouldn't be an electricity problem. This would just be a space problem, and working with other particular vendors. So I ... I don't know... Mims/ I think it's also the balance of how many you bring into that space, um, and in potential competition with brick and mortar businesses that are paying taxes, um, I mean there's... there's (both talking) Botchway/ I agree... This represents only a reasonably accurate transcription of the Iowa City City Council work session of May 20, 2014. May 20, 2014 Iowa City City Council Work Session Page 20 Mims/ Those are things that have to be... and that's kind of I think where we ended up with the six at this point in time, um ... and I ... I think going through this, we may or may not come back and change the ped mall (both talking) Botchway/ The reason ... I agree with that point, but I love the fact that it's a pilot, you know, try it out first and see, I mean, if it ... if it doesn't work and the six are correct, then we just leave it at that, but I mean if (mumbled) you know, increases businesses substantially, not only for those businesses there but just for people coming downtown in general. I'm just thinking, I mean I'll be honest with you. I'm thinking about myself. I mean, going down to the ped mall, knowing that there's going to be multiple, uh, locations. I mean, I've had enough walking tacos. I've had enough grilled cheese sandwiches. I mean ... I'd want more, uh, of that particular culture, and in other cities, I mean, they have it ... I mean literally the streets are lined with, you know, a lot of different, um, mobile vo ... um, mobile vending carts and you can, you know, it's more of a destination than picking your, uh, particular choice of food. So... Throgmorton/I like the experimental nature of it. I'm all for it. I think it's a great idea. Hayek/ I think you got your support, uh... Mims/ Uh huh. Hayek/ ...to try this out. Fruin/ Okay! So there'll be a resolution that we'll need to bring back to you at the June 3rd meeting that gives staff the authority to, uh, put together this program and I'd just point out, I think I mentioned this in the memo. Uh, you know, we're ... we're roughly 90% sure on the details here, but we'd ask for your support in just the, you know, the flexibility to ... add a vendor, subtract a vendor, uh ... uh, change the...the logistics of this. We're still working through that and I think we ... we owe the ... the interested vendors another meeting to get some final feedback from them. Hayek/ (several talking) Thanks! Next item is, uh, review the P &Z Commission Chair's recommendation for the Council to urge the School District to insert a walkability clause into its diversity policy. P &Z Recommendation for the Council to Urge the School District to insert a ` walkability clause' into its Diversity Policy: Miklo/ You have the memo from Ann Freerks, the Chair of the Commission. There, uh, was some question as to the, uh, amount of detail in the, uh, memo, uh, so we did include the transcripts from that meeting and a little bit of an explanation. The, uh, meeting occurred on Thursday night. I was leaving on vacation the next day so I asked Karen Howard to draft the memo on behalf of me and, uh, Karen didn't have the benefit of attending the meeting or the ... the minutes at that point. Um, I think if you look at the transcripts and This represents only a reasonably accurate transcription of the Iowa City City Council work session of May 20, 2014. May 20, 2014 Iowa City City Council Work Session Page 21 the ... the memo, there's one sentence, or the area in bold, that don't quite agree. Um, otherwise this is ... was the, you have the discussion that the Commission had, word for word. Hayek/ So let ... let me throw out an idea here. I mean, you know, it's apparent that there was some ... either confusion or miscommunication or something at the P &Z level and that's what resulted in ... the communication post -memo from two and then a third, uh, two members and a third member of...of P &Z, urn ... you know, and we could of course send it back, but ... I have to tell you I ... I am ... I am very reluctant to, um ... uh, recommend that the School District open up the diversity policy, uh, to change. Uh ... the ... the City Council supported the diversity policy when it was implemented, uh, by the School District. In fact that was ... um ... uh, a large part of the impetus for our support of the bond referendum. Um, the policy, uh ... uh, is intended to address, um, imbalance throughout the school system. Uh, and they're in the process of moving in that direction. And I ... while I think, uh, you know, walkability is a worthy pursuit for local governments, whether they're school districts or cities or otherwise, I am very reluctant to have the City, urn ... uh ... recommend a specific tweak to a very important policy ... that ...that the District is now, uh, implementing, and I can tell ya that, you know, there... there are a lot of people who would, uh ... uh ... like to water down the policy or get rid of it altogether, and uh, I think opening the door to that is not in the community's best interest. That's my read of it. Mims/ I would agree. Payne/ I mean I think ... I think walkability is a good thing but (both talking) Mims/ It's very important. Payne/ ...it's very important, but I think that the diversity policy is extremely important, so... and I don't think we should meddle in ... the School Board's policies. They don't meddle in our policies. Why should we meddle in their policies (laughs) We either support or don't... don't say anything, but I don't think that we should send them a recommendation to change something in their policy. Botchway/ Well I definitely think there needs to be some discussion, because I do agree that I mean if there' s something that we want to support, then definitely support it, but uh, if there's... if there's some disagreement, I mean, there needs to be, uh, I feel like this is a policy that speaks to neighborhood stabilization. This isn't just a policy that speaks to just the School District, and I feel like if we just punt on this issue, we're not ... we're not talking about how the City plays a role in, you know, neighborhoods and where people live, I mean, it's inter - connected. I don't think it's ever going to be separate and I ... I think there needs to be some type of discussion... and again, I wasn't there when we voted, uh ... for the diversity policy and so I guess I can't speak to that particular situation but I definitely think there's more to this than, you now, just the walkability element, but I think the walkability element is an important thing and I think that we talked about from a sustainability standpoint when we're talking about our neighborhoods. So I think it's... This represents only a reasonably accurate transcription of the Iowa City City Council work session of May 20, 2014. May 20, 2014 Iowa City City Council Work Session Page 22 I think we need to talk about it. And I don't know if we need to talk about it from a School District level, and I know that we talked about it during the MPOJC meeting — you brought up some points as well, but I just feel like there's ... feel like we're saying that, you know, they're kinda doing their thing ... let's let them do their thing but ... uh, I feel like we need to be involved a little bit more on this particular issue, especially when it's involving neighborhoods and the people of Iowa City. Dobyns/ And I think we need to be careful because as private citizens, like the rest of the community, we need to speak to the School Board, but as Council Members I ... I think we have to be very careful (noises on mic) in informing another jurisdiction, um, of what we think. Um ... it's just that, uh, it affects other municipalities, um, I just think from a process point of view, I'm really uncomfortable. I think the School Board, in this vote for the, uh ... uh, diversity program, was courageous. I think it was progressive. Um, and I don't want to even appear to second guess it, cause I was just so impressed when it got passed last year. And I just, as a Council Member, I just don't think we should touch it. Hayek/ You know, one thing ... we're talk ... in a sense we're talking about two different things. One is, you know, uh ... a request to modify an existing policy. Um ... on a different but related issue. You know, another is the ... the host of things we do as a city to promote neighborhood stabilization, whether it's walkability or ... bike lanes or, you know, park proximity, all of those — open space — all of those things, and you know we could, um... you know, put together some materials for example to ... to ... to forward, to explain you know what our neighborhood stabilization goals are and how we have taken steps to pursue those goals and... and that sort of a thing. Without saying, and therefore you should change this, uh, policy. That'd be one idea. Mims / And... and my concern is, and I'll piggyback on what Matt said at the beginning is ... I think ... I think we have to be careful about telling another, uh, entity, you know, what... what they should have or shouldn't have or how they should modify policies. I think, you know, giving input at certain times is ... and as you said, Rick, as private citizens and we did as Matt said, as a Council, um, vote supporting the diversity policy and we felt that was critically important, uh, before they went ... before the School Board went forward with getting their funding for doing all their building, etc. I think if you look back I think you'll find that that diversity policy passed by a 4 to 3 vote. Okay? As Rick said, you know, you could say a very courageous group of people who ... who passed it. There, and as Matt said, there are still a lot of people out there who would really like nothing better than to see that diversity policy go away. And for a lot of different reasons. Um, quite frankly I think it is... it's, some of it is racially motivated. I think a lot of it's socio- economically motivated, and I think as they are trying to get this policy implemented with all the difficulties that that entails, I think the last thing that we want to do is go in there and in a formal manner ask them to open that policy back up and revise it, because I think from a very, very practical standpoint, what we have to look at is that that policy could very well just go away entirely. And while it is not perfect, uh, when I read it the first time there were things I did not like at all! But ... it gets at some very, very important, uh ... things I think in terms of getting some balance. Um, I think we have to step back and, you know, say what we can, you know, through staff and through... as This represents only a reasonably accurate transcription of the Iowa City City Council work session of May 20, 2014. May 20, 2014 Iowa City City Council Work Session Page 23 individuals about them considering and walkability as they implement it, but I do not want to see us move forward formally and risk that diversity policy, um... getting dismantled. Throgmorton/ Well, I guess I'd like to ... um ... make ... say three things. Uh, first, uh, I ... pretty much agree with a lot of what you've already said. Uh ... I cannot support asking the School Board to insert a walkability clause into the diversity policy. I ... I think that'd be inappropriate for all the reasons y'all ... y'all weighed out. We could possibly ask them to, uh, we could possibly express support for the diversity policy, while encouraging the Board to require students with a ... within a half mile of an elementary school to attend a more distant school only when necessary, which completely leaves it in their hands and up to their judgment. That ... that's something we could do. The second thing I guess I'd like to bring up is ... I ... I would like to ask the staff if y'all agree, uh, to provide us with some information that, uh, pertains to, um ... basically who lives within walkable distance of the elementary schools in the school district. So .... uh, specifically. I think it'd be very helpful to know, first, what percent of K through six students who currently live within a half mile of the elementary schools are eligible for free and reduced lunch. Maybe the School District can provide that information. Secondly, what percent of each school students are currently being provided bus transportation to the elementary schools ... in the district. All... all of `em in the district, individually — school by school. And thirdly, what percent of those students are eligible for free and reduced lunch. I think those three questions... get to the question of who lives within walkable distance of the schools, how many people are being... currently being bused to school, and what percentage of them are receiving free and reduced lunch. In other words, the ... the questions I just asked get to the heart of the question of fairness, about ... um ... the nexus of...uh, the diversity policy, and our own policies with regard to, uh, housing within neighborhoods. And the last thing I want to bring up is just very briefly is that I believe we need to acknowledge that we have ... we as a City Council and City government — play a hugely important role with regard to housing, uh, with regard to determining who lives within walkable distance of elementary schools, and we do it through our housing and land use policies. Think we need to ... hit that head on! Botchway/ So I ... I think I agree with your last point, but the one and three, and Tom, correct me if I'm wrong, we can't ... I don't think we can get that information. If I remember from the meeting, that talked about we can't get that free and reduced lunch information. Throgmorton/ Well not for individuals. Markus/ There is ... there is some identification issues with that. How they break it down, I ... I ...they have to be very careful about how they distribute that information. I think we got into this discussion with them before so... Throgmorton/ But just for ... maybe I'm wrong, but what I'm asking for, saying I think we need, is percentages. Not anything that would identify any individual student or the lo ... the residential locations of individuals. And that's the big issue with regard to the laws I understand... This represents only a reasonably accurate transcription of the Iowa City City Council work session of May 20, 2014. May 20, 2014 Iowa City City Council Work Session Page 24 Payne/ But do we need that or does the School District need that? I mean I think that's micro - managing their ... what they're trying to accomplish. Throgmorton/ Well not if we're ... I'm not ... not asking (noises on mic) I'm not saying let's tell them they need to give us that information (both talking) Dobyns/ Jim, by asking the questions, you're indirectly really, I think, micro - managing. I mean, if I'm asking to provide any questions rhetorically, I'm really telling you. And it comes off sounding like that. I just don't want to appear that way. Throgmorton/ I think I'm asking for the staff, our staff, to obtain this information. Dobyns/ But we're having the discussion at Council level and it gives it... it codifies it with certain level of authority that I'm not comfortable doing. Mims / And I guess my question is ... what is your expectation of what we're going to do with that information once we got it. Throgmorton/ Well here's one point. Who ... who gets bused? Lot of people are very concerned that... that... that students will be bused as a result of this diversity policy. Well, students already are being bused. Mims/ But what are we as a city going to do with the data if we get it? I'm not at all comfortable for reasons that have already been expressed, plus the fact what are we going to do with it, and so if we don't have a specific action that we're going to take with that data, then I think we're wasting people's time and potentially relationships to ask for it. Throgmorton/ So, it has to do with our housing and land use policies. Who lives within walkable distance of the elementary schools? My guess is, and maybe I'm completely wrong, that, um... students who, uh, receive free and reduced lunch are much less likely to live within walkable distance of elementary schools than are others. And... Markus/ Depends on the school! Mims/ That's what I was going to say. Depends entirely on the school, I think. Throgmorton/ It cert ... you know, so ... if...if I'm wrong, I'd love to be proved wrong! Mims/ Again, I ... I don't necessarily see how that helps us. I think what we have to look at is... as we look at land use, and look at affordable housing, we have to be trying to look at that dispersion of affordable housing. So to know exactly who lives in those areas, in a way is irrelevant. It's what is the cost of the housing. And we can get that. Payne / Right. This represents only a reasonably accurate transcription of the Iowa City City Council work session of May 20, 2014. May 20, 2014 Iowa City City Council Work Session Page 25 Mims/ I mean ... we can get the assessed values of all the properties. So I don't know ... what that data gives us that we can't ... that impacts what we would do, that we couldn't already do by getting assessed valuations. As we're looking at dispersion of affordable housing. So I'm not comfortable making the request. Personally. Hayek/ You know I think the ... the corollary in terms of, you know ... one government advising another, um, is, you now, 10, 11 years ago, maybe even 12 years ago, there was a request from the District to the City to examine, um ... concentrations of poverty and ... and housing policy, and that resulted in the ... in the task force that I ... that I was a part of. But ... the request came in the form of a ... just a general concern about the issue and a request that the City look at it. It wasn't, um, specific language proposed for a City ordinance. And ... I mean I think ... I think ... this has been said before, I concur with it. We need to be careful, as I would expect any other government to be relative to us, to not ... propose specific language for, uh, for a policy ... I ... I think it ... I think it sends a... a funny message and ... and uh ... I ... I don't think it would be appreciated and I ... I think it opens up another, a whole host of problems. Um ... but we can still (both talking) but I still think our walkability, uh, goals as a ... you know, under the rubric of neighborhood stabilization and all the things we're doing and will continue to do to improve our neighborhoods — stabilize and ... and I think the new word is "vitalize" or ... I think we got rid of stabilization. Anyway, uh ... you know, those are ... those are relevant to all facets of government, including the School District, and I'm not averse at all to sharing our information with them. And I don't think that addresses your point, Jim. Throgmorton/ No, I don't think so it does ... I don't think it does, but I ... I mean, I agree with your ... your point definitely about how we should not be telling the District, and Rick made the point too, you know, we should not be telling the District what ... totally agree! What we do need to do, I think, is become clear about what we as a city government are going to do to ... enable that our diversity policy to work over time, and that has to do with ... dis ... housing decisions and land use decisions. It has to do with how ... how our, what our, what effects our policies have on the dispersion or concentration of...of affordable units, uh, it has to do with our... our policy decisions about, uh, how to develop neighborhoods around the new elementary schools, and it has to do I think with, uh, our, um ... our policies with regard to strengthening neighborhoods in which... particular lower income people choose to live, because there's some element of choice involved in this. So anyhow ... I think we need to be clear about what our role is, and what we're gonna do to help them, the School District, achieve their diversity objectives. Hayek/ Well, and we could have a very long conversation about that, but what I would say is we ... we do have a policy to ... to pursue the balance that we're hoping the School District achieves through our, uh, through... through our housing, uh, process. That was adopted a year or two ago. We are looking at the neighborhoods around the new schools. Um, we have pushed the ... the issue of affordable housing on a regional level, and encouraged ...begged our neighbors to ... to join in the conversation, and now we're having P &Z look at it in a sub -set of the community in Riverfront Crossings. So I think there are things we're doing, and ... and need to do more of. This represents only a reasonably accurate transcription of the Iowa City City Council work session of May 20, 2014. May 20, 2014 Iowa City City Council Work Session Page 26 Markus/ And the South District as well. Hayek/ Oh and the, yeah, and the South District (both talking) Yeah, right. Urn ... I mean I agree. You know, what ... what's our role in it. I ... I would say those things are occurring at the City. Um, and ... and hopefully they occur in a broader sense which ... with all the communities that are part of the School District, as well. I'm not sure they will, but all we can do is control our part. Botchway/ I guess that answers my question cause I mean that was basically ... I just wanted to make sure there's some focus and some discussion on these new elementary schools coming in and making sure that, what Susan talked about, we're looking at the balance of the neighborhood. I ... I guess I just have ... I'm just, I mean, there's... separate from City Council and as you said, as a private citizen, I have my own public... opinion about that particular, the diversity policy, and that's separate, but I guess I just want to make sure that, again, when we're looking at the new elementary schools we're not, as Jim put it... doing the same thing that we've done for however long, and then really messing up their policy and how it works. I mean, if we're gonna support it, then we need to figure out a way of supporting it through these new schools and then, you know, uh, supporting in a way that, you know, helps really speak to ... affordable housing, really speak to, you know ... changing the construction of our neighborhoods, but ... cool! Payne/ So what are we going to do with this? If they voted on it, do we have to ... if we don't... Throgmorton/ Well they didn't really vote on it. Dilkes/ They didn't vote on it. Hayek/ Yeah... Payne/ Oh! Okay. Hayek/ ...we don't have to do anything. Payne/ Okay. Dobyns/ I don't think it has sufficient interest from my sense at the table... Mims/ I would agree. Dobyns/ ...to move forward, and it just withers. Mims/ I mean I would just encourage any Council Member as a private citizen to ... express their concerns to, you know... School Board or whatever, but I don't think as a formal thing we should do anything with it and... This represents only a reasonably accurate transcription of the Iowa City City Council work session of May 20, 2014. May 20, 2014 Iowa City City Council Work Session Page 27 Hayek/ And, you know, Tom ... this reminds me, Tom had some nice email communication back and forth with ... with Steve Murley on this and some related issues... Mims / Right. Hayek/ ... and I thought that was really fruitful. Dickens/ I went to the comprehensive, uh, school information. I'm on that committee and it ... and it, as a private citizen in business, a Councilor, and a lot of the issues came up and ... we did a little exercise where we put all this information up, and it's gonna be put out on their web site, and I'll get information, what every ... all the groups it said, so when I get that information I'll share it with the rest of the group, but I did it as an individual citizen, not a ... representing the Council. One of the things I found from that was even the language, the EL ... or ESL and ELL programs can force kids to be bused to another school, or they have to stay at their own school and not learn. So ... I don't know how you figure that into ... the walkability there too, but they're... they're working on getting that program in all the schools. So it ... it's a work in progress a little bit too, so I understand the walkability and the busing issues, and ... it ... there's a lot of other issues that we don't even think about. That ... that kind of opened my eyes to a few things there. Dobyns/ Yeah, it really makes you impressed at the work they do, and you know the ... strength it took to, you know, push the diversity policy forward. Dickens/ The amount of data that they have to go through (mumbled) Dobyns/ Uh huh. Hayek/ Okay! Summer of the Arts ... beer garden. Summer of the Arts Beer Garden: Dilkes/ Oh we just... Hayek/ That's a late addition. What's going on? Dilkes/ It is, and I... and I think we've got it resolved. Um, so I don't need to talk to you about it. (laughter) Dickens/ Never mind? (laughter) Information Packets: Hayek/ Okay, we have two Info Packets; one is May 8th and one is May 15th. (several talking) One from May 8th. (several talking) Botchway/ I just appreciated the, uh, response from, is it Dave Elias or Elias? This represents only a reasonably accurate transcription of the Iowa City City Council work session of May 20, 2014. May 20, 2014 Iowa City City Council Work Session Page 28 Hayek/ Dave Elias. Botchway/ Elias from um... some of the discussion that happened during the public forum, but also the letters too. Hayek/ On ... what? Oh, on the waste water (both talking) Botchway/ On the waste water, sorry! I'm just looking at it. (several talking) Mims/ ...not in violation of all federal (both talking) Botchway/ Right! That's what, I mean, the way it seemed was like ... I was like, `Oh my gosh,' and so ... (laughs) I'm glad it's something else! Hayek/ I met ... so I met with that guy (both talking) for a little while, and uh, and ... he handed me the stack of handwritten letters. Dickens/ Did you get yelled at or... Hayek/ No! It was ... it was ... very different conversation, and so, uh, and then I gave them to Marian but, yeah, I think that was good to get some clarification from Council, or from staff, on ... on those issues. Throgmorton /Matt, with regard to IP #5. Hayek/ On... Throgmorton/ May 8. Hayek/ Yeah. Throgmorton/ The Georgetown University energy prize. Kingsley, you asked that to be in the packet. Um ... I ... it looks great, but I'm afraid we're ... we're probably too late to enter, but I don't really know. Tom, do you know if, uh, if uh ... if anybody on staff already knew about it or... anything like that? Markus/ We haven't pursued it at this point, so... Throgmorton/ Yeah, it looks like a great program, but uh, I don't know, it's ... it seems like it's kind of already (both talking) Markus/ ...the timing of it either. Hayek/ Yeah. I feel like this came up earlier, and someone said it ... we weren't eligible or something like that. This represents only a reasonably accurate transcription of the Iowa City City Council work session of May 20, 2014. May 20, 2014 Iowa City City Council Work Session Page 29 Throgmorton/ Well... Hayek/ This rang a... Throgmorton/ We're eligible in terms of the main criteria, which is municipalities below 250,000 in population, and above ... above 10, I think. I don't know, above some number. Hayek/ Yeah. Throgmorton/ But I ... I think it's kind of already several months into the process but... Hayek/ Okay. Dickens/ Do they do it yearly or is it a... Throgmorton/ No, it's people all over the country that are being supported (mumbled) $5 million prize or something like that. Markus/ We'll drill down a little deeper (both talking) Throgmorton/ Yeah, Brenda might be (both talking) Markus/ ... Brenda Nations work on it. Throgmorton/ Okay. Hayek/ Any other items, uh, from the May 8th Info Packet? Uh, how about the May 20th, or I'm sorry, May 15th. Are we good for KXIC for the next few weeks? Mims/ Yep! Payne/ I'm tomorrow. 8:00! Hayek/ Yep. Dickens/ I'm next week. Hayek/ Got it! Throgmorton/ Take your coffee! (laughter) Dickens/ Kingsley's the 4th. Jim's the 11th, and (mumbled) world- famous Dobyns is the 18th. Hayek/ World- famous! This represents only a reasonably accurate transcription of the Iowa City City Council work session of May 20, 2014. May 20, 2014 Iowa City City Council Work Session Page 30 Mims/ Was a nice letter from FEMA. Uh, they obviously don't have all of our right contact information (laughter) but... Hayek/ Yeah! (laughter) Dobyns/ Right city though! Hayek/ Tom Merkus, Dale Helling. Mims/ Yeah, yeah! Dale Helling was City Manager on one thing and... don't know how to spell Tom's last name and ... but, oh well! (laughs) Markus/ As long as they get the money right, we're (laughter) Mims/ That's right, exactly! (laughter) Hayek/ What's the acronym for FEMA? Federal Employees Milling Around? (laughter) At least that's what I heard in 08! (laughter) Mims/ ...with all the work we've done ... qualify for 15% discount on a premium of flood insurance so... Hayek/ Yep. Mims/ That's good. Hayek/ All right, uh, Council time. Council Time: Dickens/ Friday Night Concert Series starts Friday night with The Fez! (several responding) Be there! (laughter) Mims/ Okay! Hayek/ I did, uh, I spoke to the, uh ... uh ... youth recipients of the Human Rights, uh, Commission, uh, annual awards, uh, ages 6 through probably seniors in high school who did volunteer work and did something in the community. It was just fantastic! Um ... I... my observation is that ... kids are less likely to make contact than they used to be (laughter) and I don't know if that's because they're on their phones or ... or computers all the time, but they're more likely to do good in the community. I mean, the vol ... the level of volunteerism, uh ... is incredible! Mims/ Some of those projects were just amazing! Hayek/ Yeah! This represents only a reasonably accurate transcription of the Iowa City City Council work session of May 20, 2014. May 20, 2014 Iowa City City Council Work Session Page 31 Mims/ I was there and just listening to them read them off and it was just incredible. (mumbled) Throgmorton/ Like to report that I finished dead last in the bike (laughter) ride, bus event. I gave it my best shot but, you know... Dickens/ You didn't have enough time to train, really! (laughter) Hayek/ Thanks for doing that! Botchway/ I have two things. One, um, speaking of biking, I was able to purchase a bike at the, uh, at the Bike Library. I don't remember, that was a couple weekends ago, and I, uh, actually rode it! (laughter and several talking) ...such a surprise! And when I did it it was like six miles and I couldn't believe, I mean, obviously my body could believe, but I couldn't believe I had gone that far. Um, and I'm not (mumbled) ride a bike for a little bit, just to kind of rest up (laughter) but I thought it was pretty cool. Uh, and then the Farmers Market, obviously, is up and running and that's... phenomenal! I mean, the food is ... (laughter) ...if you ever want to take me out (laughter) the Farmers Market... Markus/ It's the food again! Botchway/ Yeah, it's ... it's (laughter) Mims/ Kingsley and food! (laughter) Hayek/ You better keep that bike, buddy! (laughter) Botchway/ Yeah. Dickens/ Just remember, keep running if you're going to (several talking and laughing) Botchway/ Yeah! Yeah! It was really good. Mims/ Just quickly speaking of the bikes, I gave the, uh, send off for the Old Pi to New Pi bike ride last ... I think it was last Wednesday night, and so they ... they had a bunch of people from little kids to ... senior citizens (laughs) put it that way! Hayek/ Speaking of bikes, are ... are we, on the ... are we getting close to the annual restriping of bike lanes? Do ... do we... Markus/ Where'd Rick go? Hayek/ Yeah I know, he just slipped out. Um ... and I say that because the bike lanes and the sharrows are very hard to see and I know it's an annual thing. This represents only a reasonably accurate transcription of the Iowa City City Council work session of May 20, 2014. May 20, 2014 Iowa City City Council Work Session Page 32 Markus/ You know, I noticed a lot of stripping today, the parking spaces and ... so I'm sure it's (both talking) Hayek/ And on Market, I don't know if anyone's noticed there are really two sets of median stripes. Payne/ Yeah. Hayek/ And I drive down it every day and for the life of me (several talking) Dickens/ There's only one. It's (several talking and laughing) Dobyns/ I don't know what you guys think about Herky the Hawkeye, but I always think it's some anthropomorphized odd bird on steroids. I mean I think it's amazing, but I'll tell ya, going around town... Dickens/ Herky on Parade. Dobyns/ ...driving around is ... I'm seeing people that I wouldn't expect taking pictures with every Herky, um, I mean the graduate Herky in front of the Old Capitol is extremely popular (several talking) but I'm seeing people of all ... cultural persuasions that I would not expect with their little kids, lining up all over the city, taking photo -ops, um, I mean, it's really sweet, um, taking a look at that. It's ... amazes me! So, nice work, Geoff! Hayek/ You know, it is interesting, so on the ped mall Sunday morning there was a ... U of I undergrad, art student, who was from somewhere in Chicago, painting a park bench that showed on the left hand Chicago, and then it sort of morphs into, uh, a... a rural setting and then it becomes Iowa City on the right. Sort of like a New Yorker, uh, cover page, but ... but, um ... so she was doing that and as this out of state student from Chicago was painting this juxtaposition, this Chinese family walks up and they ... they were parents of somebody, as well, and wanted to take a photo of it, and I thought ... only here! It was just a great (several responding) convergence of...of culture. All right. Meeting schedule. Meeting Schedule: Hayek/ Any issues about that? Botchway /I think I'm ... when's the next meeting? I think I'm out. Dickens/ June 3rd (several responding) Botchway/ So I don't ... I need to talk to Marian about whether or not I'll be able to do the whole mic'ed in type of thing. Um, depending on availability, but ... that is election day so... Mims/ Oh! This represents only a reasonably accurate transcription of the Iowa City City Council work session of May 20, 2014. May 20, 2014 Iowa City City Council Work Session Page 33 Botchway/ It's my ... that's my thing. Mims/ That's your thing, huh? (laughs) Dobyns/ Well if you miss a meeting then I have permission to miss a meeting. Okay! (laughter) Hayek/ Uh, work session topics. Work Session Topics: Hayek/ All right. Upcoming events. Upcoming Events / Council Invitations: Botchway/ Memorial Day is coming up. I forgot. Somebody told me today. Hayek/ Yeah. I'll speak at that. I ... I typically speak at that, on uh ... at the cemetery, and if it's not at the cemetery, typically they move it out to the new Guard Center. Way west. Mims/ UAY has a ... fundraising thing Thursday night at Terry Trueblood. So if anybody's... might be tickets, I'm not sure, but silent auction and I think a live auction, but fundraising for UAY. So... Hayek/ All right, we're actually going to have a break between, uh, now and the formal so ... (laughter and several talking) figure out what to do with 45 minutes! We'll adjourn the work session! This represents only a reasonably accurate transcription of the Iowa City City Council work session of May 20, 2014.