HomeMy WebLinkAbout2006-09-05 Transcription
September 5, 2006
City Council Work Session
Page I
September 5, 2006
City Council Work Session
5:00 PM
Council:
UISG:
Staff:
Bailey, Champion, Correia (5:30), Elliott, O'Donnell, Wilburn, Vanderhoef
Baeth
Atkins, Boothroy, Dilkes, Franklin, Helling, Hennes, Karr, Robinson, Rocca
TAPES: 06-68, Both Sides
Plannin!! and Zonin!! Items
Wilburn:
Franklin:
Bai]ey:
Franklin:
Ok. Let's get going, folks. Karin?
a) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR
SEPTEMBER 19 ON AN ORDINANCE REZONING 49.05
ACRES OF LAND LOCATED BETWEEN COURT STREET AND
LOWER WEST BRANCH ROAD FROM LOW DENSITY
SINGLE-FAMILY RESIDENTIAL (RS-S) TO PLANNED
DEVELOPMENT OVERLAY - LOW DENSITY SINGLE-FAMILY
RESIDENTIAL (OPDS) (REZ06-00022)
Ok. First item on your agenda tonight - just make some room here - is a setting a
public hearing for September 19th on an ordinance to rezone 49.05 acres between
Court Street and Lower West Branch Road. This is another part of the Stone
Bridge Estates. It will be for 139 single-family lots. The reason it is a planned
development is to enable variation from the 35% disturbance of critical slopes.
That's up for public hearing for September 9th - for September ]9th, sorry.
We're meeting then, too?
b) AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE
NEAR SOUTHSIDE DESIGN PLAN TO CONSIDER CENTRAL
BUSINESS (CB-10) ZONING SOUTH OF BURLINGTON
STREET.
Yeah. A meeting you didn't know about. Ok. Item b is a public hearing that you
will have tonight on amending the Comprehensive Plan by amending the Near
Southside Design Plan to consider central business zoning south of Burlington
Street. The Near Southside Design Plan, along with the Near Southside
Redevelopment Plan that was done in '92, the Development Plan, '95 was the
Design Plan, were incorporated into the City's Comprehensive Plan in 1997. In
the Design Plan there was quite specific language regarding zoning in this area
and referenced CB-5 as being the appropriate zone. What is being proposed, in
order to enable a higher intensity of development between Burlington and Court
Streets in the Near Southside, is to indicate in that Plan that either CB-5 or CB-] 0
zoning is appropriate between Burlington and Court Streets, based on the
property providing a logical extension of downtown, and adequate services for
the density proposed. This would apply across the board in the Near Southside,
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September 5, 2006
City Council Work Session
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as it pertains to, between Burlington and Court Streets. Then as you receive
rezoning requests, you would look at each one to determine whether you felt it
was a logical extension of the downtown and whether adequate services for the
density proposed were provided, ok? So that's the general overall policy shift
that we're looking at, which then enables you to consider the rezoning for
Hieronymus Square at the comer of Clinton and Burlington Streets. That
proposal was the impetus for looking at the Near Southside Plan and considering
this shift.
Elliott: So this doesn't rezone, it just allows consideration of rezoning?
Franklin: Correct. Correct.
Elliott: Within parameters.
Vanderhoef: Which then allows us to, if we do choose to rezone, then we can put conditional
zoning onto it. . .
Franklin: Yes, yes.
Vanderhoef: . . . like we are doing with this one, for parking and such.
Franklin: Yes. Absolutely For adequate services, yes.
Bailey: And this Planning and Zoning talk about changing the floor area ratio to have
some stepdown possibilities as we move on those blocks? Or. I mean, we're not
using the maximum anyway in CB-IO. Has that come up for discussion at all?
Franklin: Right. Well, the whole discussion was about how much of a stepdown was
needed or not. And the conclusion that I would gather from their
recommendation on Hieronymus Square is that a stepdown is not necessary, and
that's on that site. Now there is another property between this and the Federal
Building, which they have not addressed yet. There is a request for rezoning to
CB-IO but there was no development plan submitted and so they have suggested
that they're not going to look at the rezonings until the development plans are
submitted. That doesn't really answer your question, I know, Regenia, but I know
they have, they have a lot of discussion about stepdowns, but not
Bailey: That, that will be, right, I know, that's what I
Franklin: I think if there had been a serious concern about it on this block, then they would
not have endorsed the rezoning of this entire piece, because this entire piece for
Hieronymus Square is at least two thirds if not three quarters of the west face, or
the west side of the block.
Bailey: Yeah, and I don't necessarily have that concern with this block either, but.
Franklin: But it might be in other places.
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meeting of September 5, 2006.
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City Council Work Session
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Bailey:
Franklin:
Bailey:
Franklin:
Bailey:
Franklin:
Bailey:
Franklin:
Bailey:
Franklin:
Bailey:
Franklin:
O'Donnell:
Bailey:
I mean, what's the plan on the south side of this block, or have they thought
about it, I guess.
Haven't gotten there yet.
Huh. Ok.
I mean I think what this does is it enables discussion of that issue on a block by
block basis, or a parcel by parcel basis, in fact.
Right, but is that a good way to do it, I guess is what I'm wondering. I mean, if
we think a stepdown is a good idea as we move farther from the central business
district, where are we going to start having, I mean, naturally, there are buildings
there.
Yeah.
Like the Federal Building, and then of course around the Court House, and that's
a lot of public.
And that. I mean, I can give you my view. Can you imagine?
Oh, I always love to hear your view.
In this particular block, because of what we have in the next block, which is the
Federal Building, which is likely to stay there for an indeterminate period of time
and not change, that by the very fact of that building, what that building is used
for, that for this block, there is an adequate transition between this block and
whatever happens in the Near Southside to the south of the Post Office. As you
get to the west, which is the block that abuts the Court House, there are
expressions of concern that we have received from Pat White, and it has been
expressed by others, as to preserving that view of the Court House. The other
thing that you have in that block is that on the Burlington Street side, in fact, you
are transitioning from a parking ramp and University buildings, so one, I think,
could argue, that there is not the logical extension of the downtown there that you
have...
Right.
. . . in this particular block, because of the presence of the University and then the
parking ramp, which is kind of dead space. So there's different ways that you
can approach each of these blocks. As you then go to the east and look at that
block, where we have the Goodyear Building, which is the likely redevelopment
parcel, you have Town Center Apartments immediately to the south of there, so I
think you would want to respect that building, given that it's relatively new. I
mean, it was built in the 90s, I think. Yeah.
What building is that?
The brick apartment.
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Franklin: That's Haywood Belle's building there, the apartments with the commercial
underneath.
O'Donnell: Right.
Franklin: And then of course there's St. Pat's, which we're gonna have changes there to
look at. So there's a lot of issues there to think about in terms oftransitioning.
Vanderhoef: But we've got the big tall building across the street.
Bailey: Yeah, we've got
Franklin: Capitol House. .
Bailey: Yeah.
Vanderhoef: Well, the old, a
Bailey: Qwest? Is it now Qwest Building?
Franklin: Oh, Qwest, yes.
Vanderhoef: Which is very large.
Franklin: Yes.
Champion: And very ugly.
Franklin: Thank you, Connie.
Champion: It's not cute.
Franklin: No, it's not a cute little building.
Bailey: So at this time it doesn't seem, the Planning and Zoning Commission doesn't feel
there's the need to codify some kind of stepdown policy, that we'll do it on a
case by case, and they feel confident that that will result in something that's
coherent and appropriate?
Champion: I think you've got some automatic stepdowns.
Bailey: Yeah, we do, but, I mean.
Vanderhoef: And it's going to be mixed.
Bailey: But buildings aren't forever, and
Franklin: Yeah, yeah. I don't, I would not feel comfortable making that statement,
Regenia, for the Planning and Zoning Commission.
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Bailey:
Franklin:
Bailey:
Franklin:
Wilburn:
Bailey:
Eastham:
Bailey:
Eastham:
Bailey:
Eastham:
Bailey:
Eastham:
Franklin:
Bailey:
Franklin:
Bailey:
Ok. Would anybody?
Well, I'm looking to see if there's somebody.
Charlie's here - Charlie.
Charlie! Would you like to address her?
Well, he's not running away, so.
But he did sit quietly until she noticed him.
I'm Charlie Eastham, a member of the Plarming and Zoning Commission. If
Karin's not comfortable with making that statement, I'm not so sure that I'm
going to be comfortable making it either. I'm sure the Commission would be
happy to meet with the Council if this is something you want us to consider.
I was just curious about the direction that the Commission was going with
stepdown and codifying it and sort of vision for this as we develop and redevelop
south of Burlington. I mean, as Karin pointed out, there are limited properties for
redevelopment, but it's going to happen.
Well, again, I mean, I'd ask you to look at the minutes of the meetings.
I have.
And if you'd like to discuss it, I certainly am not going to, I don't think it's
appropriate for me to talk for the Commission as the whole.
Ok. Well, perhaps we could chat with the Commission at some point.
Sure. I would agree.
I guess I would conclude from that that the Commission hasn't directly addressed
it.
Yes. Well, that's what I concluded from their minutes. Ijust wondered if, if you
had heard that that was on their.
Well, one of the things that everybody should be aware of is that as a result of
this project, and as we look at the potential for other larger buildings in the
downtown, that we will be looking at the CB- I 0 zone. It is not built to its
maximum capacity now. I think there's questions as to whether we want it to be.
We need to talk about what it is we want downtown to be like now that the
market is such that it appears that there's going to be a demand for higher rise
development, and that there may be some modifications to the CB-IO zone that
we want to talk about.
Ok. Thanks.
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City Council Work Session
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Elliott:
Bailey:
Elliott:
Bailey:
O'Donnell:
Bailey:
Franklin:
Elliott:
Bailey:
I understand the concerns, but I really appreciate leaving the flexibility there. I
think too often we, we put something is as a guideline and pretty soon it becomes
a blueprint and we have no latitude to change.
But I think it, it does give direction to developers in the area.
Direction I like, blueprints I don't.
Well, flexibility isn't direction, it's like, bring us your plan and we'll see what we
can do for ya. I don't know if that's.
Certainly not the way I want to head.
Yeah. That's not.
Shall we go onto the zoning item itself?
Shall we.
Certainly.
c) CONDITIONAllY REZONING 1.12 ACRES OF PROPERTY
lOCATED AT 314 & 328 S. SOUTH CLINTON STREET FROM
CENTRAL BUSINESS SUPPORT (CB-S) ZONE TO CENTRAL
BUSINESS (CB-10) ZONE. (REZ06-0001S)
Franklin: The next item is also a public hearing that you will have on the rezoning of the
property in question. That is the Hieronmyus Square project on the corner of
Clinton and Burlington from CB-5 to CB-lO, and the Planning and Zoning
Commission has recommended approval of this with a conditional zoning
agreement. There's the location for anybody that doesn't know where it is. The
cross-hatched is the location of the project. This is a conceptual view of the
project as you would see it on the corner of Clinton and Washington.
Elliott: Looking west, on Burlington?
Franklin: Looking down the street. You are looking sputh and southeast.
Bailey: South. On Clinton.
Elliott: On Clinton. Oh, I see. I see.
Vanderhoef: Clinton.
d) VACATING THE EASTIWEST AllEY IN BLOCK 102. (VAC06-
OOOOS)
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Franklin: You're standing on the comer of Old Capitol Town Center, ok, by the bank? This
is a schematic view from the Clinton elevation, and remember that at this point
we're talking about concepts. We're not talking about refined architectural
drawings. A lot of that will be worked through as we proceed to the building
permit stage on a project this large. This is to give you an idea of a birds-eye
view for the first story, and the developers will be giving a presentation during
the formal meeting on this. But I show you this so you can see for item d the
location of the vacation of the alley. Currently, this is a, or actually down here, is
a public alley which has been there for some time. And the request is to vacate
that portion of the alley so we can scootch it to the north. This would then
become a new public alley that would enable vehicular access off of Clinton
Street into the development, into a drop-off loading area. Also access to
underground parking, and then egress onto Court Street. Ok? Everybody get that
concept?
Vanderhoef: Wait.
Franklin: Now this is just showing you the first floor.
Vanderhoef: The north is?
Franklin: North is to the left. This is Clinton Street, this is Burlington Street over here.
Bailey: Further over on the left.
Vanderhoef: That's the south.
Franklin: This is Burlington. This is, north is, to your left.
Bailey: Drive along Clinton Street.
Franklin: Clinton Street is here.
Bailey: Take a left, and you're in the alley.
Franklin: And then Burlington Street's here. This is where the big circle is. Let me go
back. Ok? The upper floors will go over this, so this is not a break in the building
all the way up. But the developers will explain the full architecture. ljust want to
make sure that you all understand the provisions of the conditional zoning
agreement.
Vanderhoef: I have - I've got something I want to ask about the agreement whenever you're
ready for that.
Franklin: Ok. Let me run through these and then if there's anything that you all want to
bring up, we can add that. Conditions are in your packet. The first one to note is
that there is a minimum of one floor of commercial development above the
ground floor, and that is, that is consistent - I'm sorry, that is in addition to what
would be required normally. A maximum of 200 dwelling units. Now that's a
maximum. Many of these other things are going to be a minimum. Dwelling
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Bailey:
Champion:
Elliott:
Franklin:
Elliott:
Franklin:
Elliott:
Franklin:
units, the residential mix, would be of one, two and three bedroom apartments as
opposed to four and fives. No more than 30% of the dwelling units contain three
bedrooms. A minimum of eighty parking spaces would be provided subterranean.
That will require Board of Adjuslment action, to have any parking on this piece if
it's zoned CB-IO. There maybe more parking spaces. The minimum is to enable
some flexibility to the developers, since physically it's difficult to tell exactly
how many might fit there with these supporting colunms for the building.
Because this is in Parking Facility Impact Fee District, and recall that the Parking
Facility Impact Fee District is a geographical area, it is south of Burlington
Street, west of Gilbert Street, north of the railroad tracks, and east of Madison.
The reason that it is in that geographical area is because that is the area in which
we felt, at the time that it was adopted back in the '90s, that we had opportunities
to build additional parking structures, and therefore that any residential
development that occurred in that area would contribute toward the cost of that
structure through a formula that's outlined in the Code. So, regardless of the
zoning in the near, in the Parking Facility Impact Fee District which is coincident
with the Near Southside, if a development has residential component to it, it must
pay into the Parking Facility Impact Fee fund. The difficulty that came up with
this project was that in CB-lO there's typically no parking requirement. So, what
the Planning and Zoning Commission resolved to do was to use the CB-5 parking
requirement and indicate that the Parking Facility Impact Fee would be
equivalent to the number of spaces that were required but could not be provided
on site. So say there's 120 spaces that are required and only 80 spaces are
provided on site, that means that 40 spaces or there equivalent in cost would be
provided, a fee would be paid in lieu of. Ok? Everybody get that one?
Mmm hmm.
Yup.
Now does that mean that there is parking not available, or that the, the developer
is not providing that parking? Because there's parking available right across the
street.
It means the developer is not providing it on site.
Ok.
It treats each project with an obligation that they either meet through providing it
on site or by paying fees in lieu of.
So the fact that there is public parking adjacent or nearby is irrelevant. Ok.
Right. Because the public parking is what is supported by the Parking Facility
Impact Fee that enables us to build more spaces that then, yeah. The building
would be a minimum of seven storys in height, and this is because if it is not at
least that high, then it would only be as high as what you would have in CB-5, so
why go through the whole rezoning? Setback a minimum of 10 feet from
Burlington Street right of way, which is a requirement ofthe Code, but in this
case, that 10 foot setback would apply to the upper floors as well as to the street
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level floor. And this is one of those pieces that we may be looking at in terms of
a modification to the CB-l 0 zone as a whole. And the reason is so that you get
sufficient setback to have adequate sidewalks on Burlington Street that you can
still have street trees there and you've got enough room. Also, to try to not have
the sort of structures that we've gotten with just a 10 foot setback at the street
level, where you have the building overhang in this kind of arcade notion that
really backs the retail away from the pedestrian way, such that it doesn't make
for very successful retail. And the whole idea here is that we have successful,
commercial retail streetscape that is accessible easily for pedestrians. Then we
have a requirement to dedicate the alley right of way that will take the place of
the one being vacated, and that the property would include this landscaped
courtyard, which is what I was, is this little circle thing that I was showing you
before. The design of the development would come through the Design Review
Committee. There's been a lot of discussion already with the developers about
the design. One of the pieces that still needs to be resolved is how we, how we
have this street level designed in such a way that it is not just a glass wall. And so
we're working with them on that. It would not require that that all be all resolved
before it goes through the zoning, but that we will work through that at an
administrative level before the building permit is issued. And we're making
progress on that. Ok - Dee?
Vanderhoef: I came up with a thought that I think would be beneficial to all of downtown and
potentially beneficial to the developer. We know that we have been talking about
Burlington Street and the barrier for pedestrian traffic getting across that street.
We're doing what we can do, but it still is not necessarily taking care of
everything. I would like to see a provision for a skywalk two places, actually.
One from the Transit Center into the Hieronymus Building, and another one that
would go north across Burlington to a new building that has been announced but
has not come into the City, so that we could have a ground level elevator system
that would take people up to a skywalk and get them across Burlington Street,
which I think also would create a lot more traffic and interest in that second floor
commercial. So, it's one of the things that has helped in many buildings in cities.
It is something that I think our locals would embrace rather than trying to get out
there, and certainly we're bringing more people into that transit center that are
trying to get to campus, to the Old Capitol Center, where more and more offices
are being placed. And we've got a lot of people that we're moving, and we might
encourage a lot more transit use if they had the option of driving to the transit
center and getting to their location. Therefore we'd keep our parking open closer
to the downtown pedestrian area.
Franklin: There is a connection, a pedestrian connection, between the Court Street
Transportation Center and this building. They will be connected. When we built
that building it was built as a catalyst to development of this area, and so there
are provisions for connections in place.
Vanderhoef: That will be good. Let's just get one more and take it across Burlington Street.
Champion: I think it sounds like a good idea, Dee, but I don't know if it's really necessary.
I'm just thinking about, I'm trying to think about anywhere else I've seen
skywalks. Cedar Rapids and Des Moines.
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Bailey: Des Moines.
Champion: That might be it. I mean, people in New York City and Chicago seem to be, have
no trouble crossing very, very busy streets. And a lot wider. I don't, what is it?
That we have to park in front of a building that we're going to and we can't cross
streets in Iowa City? I don't know. I think it's not necessary.
O'Donnell: Well, plus you have to enter the building, be on the 2nd or 3'd floor before you go
across. And I really, I agree with Connie. There's stop lights and there's going to
be medians, and they're going to have a barricade in the center of Burlington
Street, so I just see that as an additional cost to the developer.
Vanderhoef: No. I would say that this is a cost of the City, that just having the design, and it's
one of those things that could be done with some of our TIP dollars for
infrastructure that needed to support the downtown activities and be a welcome
idea for a lot of the businesses that are over on Washington and Clinton and on
over on Iowa.
O'Donnell: I don't see how that would do it, but.
Wilburn: Any other comments on that or?
Bailey: Well, and Ijust wonder, I don't know, because I'm thinking of Cedar Rapids and
Des Moines as well, and I just wonder the impact that skywalks have on street
life and I think because we're talking about Burlington at the same time, I think
it's contingent upon us to make sure that it's not a barrier but an invitation to
cross, so, I think we have to pay a lot of attention to that design. And it also
seems to me that that would be not very high up if it were second floor. I don't
know how high up that be but it just seems very, very.
Vanderhoef: It may not be second floor. I don't know.
Bailey: Well.
O'Donnell: On the fifth floor you'd have
Franklin: You have to have a certain clearance, below
Vanderhoef: Yeah.
(can't hear - all talk)
Bailey:
Minimally, if we only have, I mean if we have retail, commercial, and then
another floor of retail commercial that's required, the second floor would be the
natural place. If the above is residential you wouldn't want it going there, so I
don't know, I mean.
Wilburn:
We have some existing skywalks here. They're pretty unique to the, the Biology
Building, the Senior Center.
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Vanderhoef: Hospital.
Bailey: Yeah, I think I'm with Connie. I think we just have to figure out a way to get
people crossing that street.
Wilburn: And, I'm sorry for interrupting Regenia, just to finish my thought, I, that it's not
something I'd really considered for this Burlington. I'd have to give it some
thought as to whether or not I -
Vanderhoef: I hadn't considered it until yesterday until I was reading and trying to vision
what, what we could look at as the possibility. So I'm putting it out as a
possibility.
Bailey: Well, and if we pursue that idea that you presented about Highway I, that could
change a little bit of the traffic on Burlington.
Vanderhoef: That could help.
Bailey: And I think that would be an approach that interests me a little bit more.
Vanderhoef: Mmm hmm. That's fine.
Wilburn: What's going on Karin?
Franklin: I think.
Elliott: I just, one, differing from that, I think it's important when we talk about this
project that it is, that we make it clear that it is still in the potential stage. That
there are many things yet to be discussed and determined and finalized.
e) REZONING APPROXIMATELY 9.53 ACRES OF LAND
LOCATED EAST OF GILBERT STREET AND WEST OF
SANDUSKY DRIVE FROM INTERIM DEVELOPMENT-
RESIDENTIAUHISTORIC DISTRICT OVERLAY (ID-RS/OHD)
ZONE TO LOW DENSITY SINGLE-FAMILY
RESIDENTIAUHISTORIC DISTRICT OVERLAY (RS-5/0HD),
(REZ06-00010)
Franklin:
To be worked out. Mmm hmm. Ok. Item d is vacation of the east-west alley that
I spoke about in block 102, so that b, c and d are all related. Item e is a rezoning
of9.53 acres called the McCollister subdivision. This is on South Gilbert, Sand
Road. This is a project that you have seen before with a, urn, it's where the old
farmstead is. And this request is to just divide this property into two lots. I know
that's kind of a murky drawing, because it's got so much on it, but essentially
what's being retained is the existing house and the lot line. Let's see. I don't have
it. Ok. The lot line is kind of down here, so this area over here and this leg would
be in one lot, and then the existing house and the remainder of the property
would be in another lot with this road being the access to this lot two. At this
point there are no particular building plans that we have seen, but it would have
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Correia:
Franklin:
Correia:
Franklin:
Dilkes:
Franklin:
Correia:
Franklin:
Elliott:
Franklin:
Bailey:
Franklin:
Bailey:
Franklin:
Correia:
Franklin:
to be subdivided further to be anything other than a single family house. It's
recommended for approval by the Planning and Zoning Commission by a vote of
7 to O.
Karin, was this the one that had been, they had come in and had it platted for
more than two, it would be
Yeah. It was platted for eight, then withdrawn.
Ok. So this is.
f) CONSIDER A RESOLUTION APPROVING FINAL PLAT OF
SILVERCREST RESIDENTIAL COMMUNITY - PART 3, IOWA
CITY, IOWA. (SUB06.00010)
Item f is a resolution approving the final plat of Silvercrest Residential
Community. This is 7 lot, ]2.]7 acre development on the - oops! - east side of
Iowa City at Scott and American Legion Road. It's, essentially what it involves is
platting out the lots a little bit differently to enable the construction of the
buildings that I, if you remember seeing, it's two large buildings that are gonna
be connected. They wanted to have a theater and common dining area and it
came before you as a planned development. I don't know that the legal papers are
finished on this.
The applicants requested deferral until the] 9th.
Ok.
And this is the assisted living, or retirement?
Urn, yes. Y es. Yeah, I think this is assisted, in this part.
Deferred until when, ] 9th?
Yeah.
Oh, I have a question. I'm sorry, I didn't see this note here. On e ] think
something I read in the packet said something about sensitive area issues had not
been resolved? Are those resolved and?
Yes. They are.
Ok.
Urn, item g.
Sorry, I still have a question about this, this is from before.
You asked, yes.
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Correia:
Franklin:
Correia:
Franklin:
Correia:
Franklin:
Franklin:
Elliott:
Franklin:
Is this, it's assisted living, folks who have Medicaid, or an elderly waver or
Section 8, have access to this as a, housing, do you know that?
The last time I asked that of the Housing Authority and they didn't, I don't think,
as I recall, the response was that they didn't have any units there now that.
Sure, but I was just wondering.
And so it would be a matter of someone actually trying to do it and whether they
would be successful or not. I don't know that we have, we don't have any
statements from them saying that they would not take Section 8.
Ok.
But I don't know that anybody's tried.
g) CONSIDER A LETTER TO THE JOHNSON COUNTY BOARD
OF ADJUSTMENT RECOMMENDING APPROVAL OF A
CONDITIONAL USE PERMIT TO OPERATE A HOME
BUSINESS ON 3.3 ACRES LOCATED AT 4396 TAFT AVENUE.
h) CONSIDER A LETTER TO THE JOHNSON COUNTY BOARD
OF SUPERVISORS RECOMMENDING APPROVAL OF A
REZONING FROM COUNTY RESIDENTIAL (R) ZONE TO
COUNTY MANUFACTURED HOUSING RESIDENTIAL (RMH)
ZONE FOR APPROXIMATELY .58 ACRES OF PROPERTY
LOCATED ADJACENT TO THE SOUTH SIDE OF LAKE RIDGE
MANUFACTURED HOME PARK, WEST OF RIVERSIDE DRIVE.
Fringe area items, g and h, the first is a conditional use permit, and this is the
general location of the property, and we're going out Highway 6 here. And this is
the property. This is a home occupation, essentially, or a home-based business, a
siding business, that has had a conditional use permit here in the County for five
years, I think, and the request is to make this indefinite. We see these conditional
uses because that's the way the County zoning ordinance is set up, that's when
there's a conditional use, there's an opportunity for comment from the City that
is within, it's within 2 miles of, which this is. The recommendation of the
Commission is that it be approved, that's on a vote from 6 to 0, but subject to this
running with this owner of the property. It is within our 2-mile extraterritorial
jurisdiction, but it's way out there on the edge, there's nothing foreseen in the
foreseeable future that it's going to be annexed or part ofIowa City, and it is a
use that has been a good neighbor.
And it's conditional with the owner, that (can't hear) change?
That's the recommendation that is made in the letter to the County Zoning Board
of Adjustment. Whether they choose to impose that condition or not will be there
decision. It's just input.
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Vanderhoef: Will this come back to us, for instance, if they decided to build another building
or two on that property? (can't hear) the house?
Franklin: Not necessarily. If the, if they decide to go ahead with the detached garage, if
they decide to do an expansion on the house and it's for a single-family or this
home-based business, if they are given an indefinite conditional use permit for
this home-based business, then we would not. It would only be if the situation
changed such that the conditional use permit no longer was valid.
Vanderhoef: But there's plenty of property there that if they were to build another big storage
shed and this business were to grow a whole lot. I guess Council should have an
opportunity to review if that were to come back to us.
O'Donnell: Well, they'd have to get a permit for it, wouldn't they?
Champion: No, they're not-
Franklin: Well, they'd have to get a building permit.
Vanderhoef: From the County.
O'Donnell: But it has to be approved by the Council.
Franklin: If it is considered to be, and I'm trying to recall the language of the fringe
agreement, but ifthere is a development, which is not a subdivision, but it is a
development that is 2 acres or more, we get to look at it. So I think if they were
going to do anything of any consequence, assuming that everybody remembered
what the fringe agreement said, then you, we would see it, at least
administratively.
O'Donnell: I thought that was the purpose for joint review, when I was on the fringe are
agreement - I think any -
Franklin: It's when it's subdivided. Rezoned or subdivided. And what you don't get to see,
for instance, we didn't have any specific review of the Eyman at Herbert Hoover
Highway and the 1-80. I have to say that though.
Bailey: Oh right.
Franklin: Because it wasn't subdivided. It was a zoning change, but we never got to review
it as a subdivision. And so that's when we put in the 2 acre or more, we want to
see it. Ok? You can think about that. Moving on. This is a County rezoning to
enable the construction of additional storm shelter at Lake Ridge. I'm not sure
this is very informative.
(laughter)
Bailey:
Sign in field; I like it.
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Franklin:
Elliott:
Franklin:
Elliott:
(laughter)
Correia:
O'Donnell:
Franklin:
Bailey:
Wilburn:
Franklin:
Yeah, yeah. The recommendation is for approval, it's for 1/2 an acre, and it can
only be used for a storm shelter and associated parking. Ok? I'm done.
Karin?
Yes, sir?
At my age, when you turn those lights down very quickly and unexpectedly it
frightens me.
My age too, Bob.
That statement really frightens me.
That statement frightened me.
Ok. Thanks for sharing.
Done, Karin?
I'm done, yeah. Just pretend I'm not here.
Council Appointments
Wilburn: Council appointments. We have one applicant for the Telecommunications
Commission, that's Margaret Weiting.
Vanderhoef: I suggest we use Margaret Weiting. She's a very knowledgeable gal and will do
her homework.
Champion: Good.
Correia: That sounds good.
Wilburn: Looks like agreement.
Elliott: Yep.
Bailey: I'm glad she's willing to apply. She's also a busy woman.
Wilburn: Yes she is.
Correia: I had a question. We, we seem to not be getting applications for the different
Airport Boards.
Vanderhoef: Have you noticed that? Hmmm?
Correia: So, I'm wondering a couple things, is there
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Bailey: A problem?
Correia: A problem? In terms of, is there any special outreach we might want to do to
Particular segments of the community, to try and solicit applications?
Vanderhoef: The point is that a lot of the people that apply for commissions are wanting to be
active and involved, and these only get called in maybe once or twice in the last
ten years?
Correia: Oh, is that right? Well maybe that, maybe that would be a sell to some people
that are really busy.
(laughter)
O'Donnell: We advertised in the paper one time didn't we? In The Press, or The Gazette?
Karr: We've advertised twice.
O'Donnell: Already?
Karr: And then we still run this constantly, we just don't republish, but we do run it
constantly on the website and on our bulletin boards, and it's always on the
agenda, so that anyone watching us.
Vanderhoef: Marian would love to get it off.
Correia: Right. I mean, you know, some boards, when you're having a hard time
recruiting, then you might identify ten people that you think might be good and
then ask them to apply.
Karr: Ok.
Champion: We don't usually have a problem except for a few of these, which nobody really
wants.
Correia: Yeah. So it's not a problem that we don't have people on them? I mean, we have
people on them, but there's enough people?
Atkins: Hopefully there will be no need for a meeting.
Correia: Ok.
Bailey: Yeah.
Elliott: What happens?
Correia: Ifthere ever is would we have a problem?
Atkins: Yes we would.
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Elliott:
What happens? What do we do if there is none?
Correia:
That's what I'm saying.
Champion:
We'd have to appoint somebody very quickly.
Franklin:
Mr. Mayor?
Wilburn:
Yes?
Franklin:
I'm sorry, but I did have one other thing.
Wilburn:
Ok. That's why I asked.
(laughter)
Franklin: Right now we send the Economic Development Committee packets in the
Information Packet to the whole Council. Do you wish for us to contioue to do
that?
O'Donnell: Yes.
Correia: I do.
Bailey: Yeah.
Wilburn: Thank you.
Elliott: Eleanor? Is there a quick answer to what happens ifthis Commission is needed
and it's not there?
Dilkes: No.
Elliott: There is not a quick answer. Ok.
Bailey: But there are, there are people serving.
Elliott: It's not that important.
Correia: Are there enough people on these commissions to have a meeting ifthere were
one needed.
O'Donnell: No.
Champion: No.
Correia: Ok. So that is a problem.
Vanderhoef: It's tiny.
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Correia: You wouldn't really want to have that happen if you were needing something to
happen, to have to recruit somebody then to go through the meeting process.
Atkins: If I recalled, I even volunteered to be a member of one of them once, and was.
Dilkes: I think if the situation arose, we'd, you know, we'd probably have some advance
warning, we'd just have to recruit somebody and get them appointed and get
them
O'Donnell: You weren't appointed, Steve?
Atkins: No, I was just trying to help out.
Correia: Are there no members on these Boards?
Karr: No, there are some, there's just not enough to constitute a quorum.
Correia: Ok. How many do we need to constitute a quorum on either one of those.
Karr: I will have to get back to you.
Correia: Oh, ok, could you let me know? I'll try to recruit.
Karr: Because some of them, the makeup is done, the makeup is done off of other
boards and commissions, some of them are citizens representing others, so I'd
have to take a look at it.
Correia: Oh, ok, ok.
Vanderhoef: Supervisors have one or two seats
Karr: Airport Commission.
Correia: Ok.
Tree Plantinl!
Wilburn:
Tree Planting. Replanting.
Atkins:
I was sent a memo, I think it was two weeks ago, Ijust asked Terry to stop by, if
you have any questions of him. We're starting to put together
Bailey:
So, I have a question. Did you have a presentation, first?
Robinson:
No.
Bailey:
You're not going to show us pictures of trees?
Robinson:
No, I'm not going to show you pictures of trees. Green side up, brown side down.
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Champion; Ok.
Bailey: So do you have, I mean, there were lots of volunteers and also people interested
in making donations after the tornado. Are we using either or both?
Robinson; Yes. We're using both.
Bailey: Ok. As long as they know green side up, brown side down, you're using them.
Robinson: Yes.
Bailey: And they should contact you if they're interested?
Robinson: Yes, please.
Bailey: And they should write you checks, or the Forestry Department checks?
Robinson: Preferably not directly to me.
Bailey: Ok.
Elliott: Why is Terry here?
Vanderhoef: Actually, if they write them to the Parks and Recreation l'oundation, then it turns
up as a charitable donation for tax purposes.
Robinson; Yeah. The Foundation is good. I do have a little bit, Ijust don't have a picture
presentation like Karin does. I would mess this up, anyways. Just to give you
some FYls, at this point, we are at 146 right of way trees that have been lost,
that's right of way trees. Those amounts are generally, this doesn't total up,
because I just picked the highest ones: Hotz Street, 26 trees on that little short
section of street. Washington, 23 trees, Iowa Avenue 19, and little bitty Orchard
Street, over behind Har-, Hartwig's, excuse me, II trees.
Champion; Oh, right.
Elliott: Really.
Bailey: Wow.
Robinson: Yeah. College, and if you think about it, that's where the tail came down and
banged and then took off again, College Street 10 and Rochester 10. Now that's
not the 146, those are just some of the high points.
O'Donnell: Terry, is College Street, was that primarily in the College Hill Park?
Robinson: No, no, I've got another area for College, College Green Park. College Green
Park, 18 trees within the park itself, 6 trees in the outlying right of way area.
South Hickory Hill, and this is one that's a big envelope, South Hickory, and we
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Robinson:
refer to South Hickory, I know that everybody else refers to it as Hickory Hill
Park, but for our purposes, when I tell my guys to go somewhere Ijust say
Hickory Hill, they look at me and go, north end or south end, so we say South
Hickory, 10 trees in the area by the shelter. This does not constitute the trees that
were in the creek or the trees that are in the timber. I don't even want to begin to
try to count there, because I don't know that I could, because there were small
ones, large ones, so on down the line. So that's where we're at now. We're
estimating a total amount of trees on public property, the right of way and in the
parks, of about 174, and you notice I keep using terms like about and
approximately. We will see more calls, now, starting into the fall as the leaves
come off and people who look up and go, oh, ok, it's cracked or it's broken or
it's something to that effect, and so we'll have to go out and find if that tree
needs to be removed also. We have a, the contract has been sent out, or the bids
have been requested. The opening is tomorrow, here, at the City Hall, and we are
looking at working 45 trees this fall and we've broken it up (TAPE ENDS)
Be easier for my staff to get to all of those locations as opposed to doing 107 of
them at one time, which would be really burdensome for us, and some of them,
and I knew this going in, because I requested some species for this fall that I
knew probably would not be available, but I at least wanted to ask, because if
there happened to be a lot out there somewhere that had them sitting on the lot
ready to go, I wanted to try to put them in. We'll probably have to do them this
year, and of course the logic of that is the oak trees, and most of them, they, the
suppliers want to dig those in the spring as opposed to the fall. So. And I've
already heard from the guys, what do you mean, asking for these in the fall? Ok,
guys, just give me what you've got and we'll go from there. So we expect that
and we'll see that coming up. We are looking at the standard trees we always
look at as far as size and number. 2" caliper, and if you know 2" caliper means 2"
in diameter measured 6" above the ground. That's the standard nursery term. And
ball and burlap, which is, as you've seen, the burlap wrap with the wire cage
around it. We don't plant container trees unless we absolutely have to. There's
whole bunches of reasons for that. And we'll be proceeding along with that and
I'll be sending out letters - I wanted to get them out today but I didn't quite make
it. I'll be sending out letters tomorrow to all the adjacent properties of that, of
where we're looking at planting these trees so they will be notified that we're up,
we're running, we're getting ready to go and, they will call me, because persons
always questions, as well they should. I've had a few calls already. If you happen
to live someplace and you see a little white dot out on your curb and a white dot
on your sidewalk, somewhere in there is where we are looking at putting a tree,
and that's how we pretty well set it up. One important thing I want to bring up,
and we could have some more trees coming in for another situation, I'll just use
an example. Let's say Dale and I live next to one another. 30 years ago I took a
tree, little bitty I" tree and planted it 6" from the property line. That was 30 years
ago. That tree is now 2' in diameter. Well, it's grown 6" onto Dale's side ofthe
property, but that tree is still my tree, because the center of that tree was planted
on my property 30 years ago. We use that same philosophy to determine
ownership of the City tree or not being a City tree. So we have some there that
are kind of in the fog right now, because we're going to have to get them
surveyed. That doesn't mean we're not gonna, we're going to say to somebody,
oh, you're not going to get a tree. We just want to make sure we know whether or
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not that tree was on, originally planted on City property or whether or not it was
planted on private property. That was the basis for that reasoning. Any questions?
Vanderhoef: Will you work with homeowners if they choose to have the tree put up in their
yard versus out on the, ah, parking area. Would you do that?
Robinson: I do not typically, unless there is some compelling reason, and then I go to this
guy over here and say to him this is what's going on, is it ok I do that? Because
typically, you know, this is all the taxpayers' money ofIowa City planting that
tree out in a right of way as opposed to in someone's yard. And we have one
particular case right up here on Washington Street that you're going to look at it
and go, Terry, you told me you weren't doing that. But the right of way in this
location extends extremely far back behind the sidewalk. And for all the world it
looks like we are planting someone a yard tree when we are not. Anything else?
Champion: And we just let as Hickory Hill Park, let nature take its course there, right?
Except in the picnic area?
Robinson: We're going to go in and work in as Hickory Hill, and one of the difficulties we
have with south Hickory is getting access to that area on the east side of the creek
from the 7th Avenue side. We have a way to do that, Public Works has helped us
out with a way to get in there. We haven't done it because it's going to be
doggone difficult. You know. It's going to be a lot of hassle. We're not going to
improve those trees that, in a great amount. We're going to clear out material that
needs to be cleared out and go from there and yes, let nature take its course.
There's a natural process in a timber, that's just the way it works. Big old trees
go down and small young ones come up. That's the way Mother Nature wants it
to be.
Champion: Well, I would
O'Donnell: When you say we, Terry, have we got, all these stumps that are to come out, is
this what's being bid tomorrow?
Robinson: No. This is tree planting.
O'Donnell: Just the planting.
Robinson: The stump contract is done at this point unless somebody comes to me and says,
hey you missed one, which is entirely possible, because sometime they get down,
cuts down so flush with the ground that we can cruise right on by them and not
even know it. And there were a lot of trees that were taken out that we had no
knowledge of. They were taken out by other persons and we found quite a few
that was like, oh, ok, that was there - I didn't realize that.
Champion: Thank you.
Bailey: Thank you so much.
Robinson: Go out and plant a tree if you want.
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Bailey:
I'm not clever enough.
O'Donnell:
I've had about enough of trees this year.
Fire Occupancv Suildin!! Code
ITEM 12. CONSIDER AN ORDINANCE AMENDING TITLE 7, ENTITLED "FIRE
PREVENTION AND PROTECTION," CHAPTER 1, ENTITLED "FIRE
CODE" BY AMENDING SECTION 4 TO INCREASE THE PENALTIES
FOR OVERCROWDING. (SECOND CONSIDERATION)
Wilburn: Fire occupancy building code. Agenda item #12.
Atkins: We had an extensive discussion, obviously, at the last meeting. You asked that
Randy and Doug be here. The next reading is up on the increasing the fines, the
proposed change on the implementation date, and beyond all that. Where's Joe?
Wilburn: Any specific questions that Council had for staff?
Elliott: I had no question, but I was just very pleased at the memo from Steve that I saw
regarding the, especially the Fire Department's willingness to provide a delay on
this until February 7.
Bailey: Well there still will be penalties, they just won't be increased.
Elliott: Absolutely.
Bailey: And I, I don't know, I'm ready to get this going, myself. I don't see why we have
to wait 'til February.
Vanderhoef: For the increase. No, I don't either. The, the, working with the bar owners to help
them adjust and work with them on occupancy is, is the right way to go, but that
doesn't, doesn't mean that we shouldn't be able to go ahead with the raise in the
fee. A fine.
Bailey: Yeah. I suspect this semester's a more challenging one to, for occupancy, so I
think it's good to have an increase now. Take it seriously.
Baeth: Well, I've, I've already seen the bars complying more, and that's without the
increases, that's just with the knowledge that it's going to be enforced more
vigorously, so, the effects of it have already taken effect.
Bailey: But I mean, so, if they're complying, then, ifit increases, then no worry.
Champion: I think the problem is Regenia is that some bars have a lot of space and the safety
of being in the building isn't necessarily what's limiting their occupancy. It
might be the number of bathrooms, the number of exits, or whatever, so my
whole point, and I think Elliott's too, is to give them time to correct those things
so they can increase their occupancy to what it really should be. That's what I'm
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looking at, or looking for. I'm not looking for them to have overcrowding and not
be called on it. I, I think we ought to be doing occupancy checks all the time. In
fact it's always been, I've always advocated for it, but I think in some cases the
occupancy is so low in a huge space because of the numbers of bathrooms, that
people need to have time to adjust to that. Now its obvious to the Fire
Department if they go into a space and they can't walk through it that it's
overcrowded.
Bailey: Right.
Champion: But, you know so,
Bailey: And that's the typical situation, at least before this summer.
Champion: Right, and that needs to be looked at, that needs to be enforced. I don't have any
problems with increasing the penalty.
Bailey: But, the question is do we increase the ordinance, the penalty, starting February
1 'lor now. And I thought what Andy said originally was the fine was so out of
line with the serious nature of this infraction that it seems appropriate to go
ahead, and if people are doing what they need to be doing, then, that's, then they
will avoid a fine, a larger fine.
Elliott You have to realize this is brand new. Now whether it's brand new on the books,
it's brand new to the people, and it's not their fault. It, I think you have to, when
something is altogether new, altogether different, their going to need to make
some significant changes with significant expenditures, you have to give them
time to prepare, to first understand, then to train, to proceed with whatever needs
to be done and get on with it. So I'm very pleased to have this start February 1.
Bailey: Well, we've been working on this since March. I mean.
Champion: But they didn't get their occupancies in March.
Bailey: But they've always had their occupancies. Occupancy is not a new concept.
O'Donnell: We're going to enforce occupancy,
Bailey: I get that.
O'Donnell: But we're not going to enforce the increased fines. And I, I support giving them
time. This is new, and we'll enforce occupancies, but, 1 do agree, we should give
them time to comply.
Bailey: So, if we read second consideration, are we changing the ordinance that we won't
enforce until February?
Vanderhoef: Well, it would have to be amended.
O'Donnell: I would.
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Bailey: See, I'm ready to go second consideration as is.
Correia: Are we enforcing, ah hah. Are we?
Elliott: I think that, I'd like to hear the answer. Do we need to amend this and then have
a first consideration, or can we amend and?
Dilkes: No, I think you can amend it on the floor and that would be second. I don't see a
later effective date as being that substantive.
Correia: But the occupancy code, with the current fine structure, is still in place. We're
not saying? Right. Ok.
Elliott: Yes.
O'Donnell: Sure.
Bailey: Right But Andy's point was
Correia: No, I understand, no I know, I know, and I, I also agree with Regenia that
Bailey: This is the busy time. I think you, you pay a little bit more attention when you
have a little bit more, I don't know.
Correia: And it's good to hear that, the visible change, too, so that then there, there
wouldn't be fines when they are.
Bailey: Right. Absolutely.
Elliott: I move we amend it to.
Wilburn: We're not amending it. We're not amending it right now.
Vanderhoef: No.
Correia: Work session.
Elliott: No, but I will be tonight, I will be moving to amend it.
Wilburn: Ok.
Bailey: Did you have any comments?
Wilburn: Anyone have any questions directed to staff?
Atkins: Do you need the rest of the crowd for tonight? Otherwise we're going to send
them home.
O'Donnell: We can send them home.
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Champion: Oh, they can go home.
Atkins: Send them home.
O'Donnell: Thank you.
Vanderhoef: Have a nice evening.
Bailey: You mean we can just keep them here? We could just keep
Dilkes: You know, I'd hate to, but if we have comments from the public about
occupancy and how it's established, etc., we're not going to have these folks here
to answer those questions, just so you know that.
Bailey: I don't think we should send people home.
Dilkes: I mean, I can't answer how, Tim calculates occupancy.
Bailey: I think it might be a help - I don't know, flip a coin.
Dilkes: I don't want to be in the position of having to address that later tonight.
Wilburn: I think you'd better just stay.
Boothroy: Tonight's'meeting is not about occupancy. It's about fines.
Bailey: For occupancy.
Dilkes: Well, fines being
Correia: Related to occupancy, right?
Boothroy: Ok. Well, Ijust didn't think it was part of the public hearing, that's why I was
clarifying that.
Champion: The public hearing is just on fines. So the mayor will have to keep it limited to
that.
Wilburn: All right.
Bailey: It's all reruns, anyway.
Wilburn: Andy, go ahead.
Rocca: Just one comment related to fines. You're absolutely right. I wanted to raise them
to make them more commensurate with the risk at hand. We're really after
compliance here. We're not interested in the money, the fines aspect.
Bailey: Right.
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Rocca: We have a mechanism in place. Those that are going to overcrowd will
overcrowd. We'll deal with that, matter offactly. So we're good. If you want to
move it, move it. If you want to leave it, fine. We have the mechanism in place
that we need to to enforce occupant loads.
Champion: Great.
Bailey: Well, perhaps I think that enforcing it right away communicates our seriousness,
and that's, I think, why I would be interested in enforcement of the increase right
away. I wouldn't want anyone to think we're not serious.
Rocca: No, we clearly are enforcing. In fact, we were out this past Saturday and hit a
number of establishments, and the assessment is people are complying. They're
counting them in, they're counting them out.
Champion: Great.
Bailey: Good. Oh that's great.
Rocca: Yeab, it's certainly a good step, just for your information.
Wilburn: Andy, just as a reminder for myself and the Council, what month did you all
begin working with the?
Rocca: It's been a long process, I think it was March! April when we had the awareness
training. I'm working off the top of my head, but it's been a number of months
and I think it was just last week we finished up with the crowd control manager
training, so we're on schedule.
Wilburn: Ok.
O'Donnell: But you've noticed a big improvement in that time, Andy?
Rocca: Certainly.
O'Donnell: Ok.
Vanderhoef: And, and the crowd control training has been given. Do you feel like it's been
implemented or are they just starting to work on their implementation of that?
Rocca: They had to submit a written plan. They had to name individuals that were in
charge of their facilities as well as train these crowd control managers. As I
indicated, I think the last work session I was here, I think it really will be a year
before we say we've arrived. I mean, there are just some issues that we'll have to
deal with and work through, but I think we're on the right track, and that's
probably the best assessment I can give your right now.
Vanderhoef: So it's, it's not just the owner or the managers that were trained, it's, it's the
actual people
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Rocca: Employees, employees have a role, certainly.
Vanderhoef: Employees. So this will be another one of those kinds of things that will be an
ongoing training, every so often, for new turnover of staff.
Rocca: That is correct.
Vanderhoef: Ok.
Bailey: That we'll provide at no cost.
Rocca: Correct.
Bailey: Ok. Great.
Rocca: Anything else?
Champion: Thank you.
Bailey: Thank you.
Rocca: Thank you.
Boothroy: I should also add that, since the building department, division, is establishing
occupancies, Tim's been meeting with a number of, quite a few of the bar owners
in'downtown Iowa City, and has been walking them through the way it's
computed. It's cleared up a lot of misunderstandings in the process. And we've
also met with an architectural firm that's doing at least a half a dozen of the bars
in downtown, and the positive thing about that is that they're out there
advocating for these changes as well when they're talking with their clients. In
other words, we have the architects saying this is a good thing to do, this is what
you should do, this is what makes it safe, what we're talking about, and so we see
a lot of interest in bringing about compliant structures. Frankly, the threat of the
fine has got their attention, and they're working hard to get to where we need to
go. That's not to say we might have one situation that might come up or two, but
generally speaking, everybody's moving in the right direction, and that's the
momentum that we need to keep going. So, that's very positive, I think.
Champion: I have one more, I have one more question before you all leave. One of the
reasons I was really worried about occupancy is because of all these 2nd level
bars we have. Do we have anything in our zoning laws to reduce the occupancy
in those? I find those really scary?
Boothroy: Well, they are a problem as far as safety is concerned, and we'll be coming back
to the Council with an ordinance amendment that will address that issue for
improving the occupancy for 2nd level bars.
Champion: Oh good.
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Boothroy:
Champion:
Bailey:
Karr:
Boothroy:
Karr:
Boothroy:
Elliott:
Boothroy:
Champion:
O'Donnell:
Bailey:
Wilburn:
Champion:
Vehicle for Hire
There are some fire safety things that need to be done, and we'll have that
discussion I believe in October. So. That's one of the things that we are, also
alerting the owners that when we meet with them we're saying, this is a
discussion that's coming up. We're going to talk about it, you need to be aware
about it, you need to prepare for it, so if you make any changes at this point in
time, this is what we're recommending, and you should account for those in
terms of your capital financing for this, you know, particular project. So you'll
see that in October.
Thank you.
That's up and down, right? We have one that's?
Yes. It's underground. Anything not on the ground.
Anything above or below the first floor.
Yes.
So that's coming.
Good.
So you want somebody here I take it. No?
I don't think we need anybody here.
I don't think so.
Your call, Ross.
Have a good night.
Go home.
Wilburn: Vehicle for hire.
Karr: As I noted in my memo and from discussions with a couple of Council folks,
we've had a large increase in the number of vehicles for hire in our community
over the past few years, and as a matter of fact, since the memo was written we
have another company, so we're up to 16 companies right now.
Vanderhoef: All one, all one cab company?
Karr: No. As noted on the attached, that's why I provided that information, we have,
half the companies have less than two vehicles. One of the new ones that we
added added three. And I believe they're going to be up
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Elliott: I believe that's one, right, if it's less than two? You said some of the companies
Karr: Less than three.
Elliott: Dh, I thought you said less than two, and I thought, oh, that was an odd way of
putting it.
Karr: So less than half of the companies that we currently have licensed have one
vehicle, so that certainly is one issue that might be an approach Council might
wish to take is the starting ofa company with the status of having just one
vehicle. That is something that would have to be enforced throughout the year if
that's your desire as well. But there's a number of issues that come into play.
There's been a number of years since we've done any adjustments to our vehicle
for hire. I think the last time we did anything was for horse-drawn vehicles and
pedicabs.
Bailey: And we have so many of those.
Vanderhoef: And colors.
Karr: Well, colors we attempted it, you deferred it, you took no action on colors.
Vanderhoef: Mmm hmm. Mmm hmm.
Elliott: Can we, urn, legislate quality?
Karr: Well, I think to a certain degree, and we have some language from other cities,
that we certainly can bring across some standards about crumpled fenders or
necessary.
Elliott: I'm thinking the easiest one would be quality of the vehicle both engineer and
appearance.
Karr: Well, we go through every cab, every vehicle for hire, is inspected by the Police
Department prior to being issued a decal.
Elliott: I was waiting for one to turn a comer today and if that was a 6 cylinder, it
couldn't have been hitting on more than 3. It just barely made it around the
comer.
Karr: Again, it's at the time of the inspection, so again, it's an annual inspection, and
they go through a lot of wear and tear, as you can well imagine. And that's also
something that, if there is interest by four of you, four, we'd be happy to bring,
four more of you, we'd be happy to bring back some language and some other, it
isn't, in many of these cases it's not reinventing the wheel. There's a lot of cities
that have been doing this for many more years than we have. We just wanted to
get some inkling from you on what issues you wanted to tackle. We'll be happy
to prepare an ordinance and prepare a recommendation for you. Many of these
things can all be handled independently of one another or it can be done in total.
So we're just looking for some direction.
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Elliott:
O'Donnell:
Champion:
Karr:
Bailey:
Karr:
Bailey:
Karr:
Bailey:
Karr:
O'Donnell:
Bailey:
Karr:
Bailey:
O'Donnell:
Karr:
O'Donnell:
Bailey:
O'Donnell:
Bailey:
Karr:
I'd sure like to look at it.
I think rather than quality we look at safety.
Yeah. Me too.
Which items?
Yeah, I think that because we license those we should have some, people have
expectations of them being safe and clean, fair, which I would like to look at
meters and posted rates, because some of these are charging anything.
Well, the safe, the safe part of it is, it's inspected and it is safe, and I can assure
you our Police Department wouldn't
But the insides aren't always safe. If we don't inspect the insides and there's a
door panel missing
So are you looking at the ability to stop and do spot inspections throughout the
year?
Yes. I mean, his point, Bob's point I think is well taken. If, I mean
So under vehicles, then, the ability to stop and do spot inspections. Is there any
interest in doing semi-annual?
I (can't hear)
Well, that's what we, we license them, we have the right to inspect, I assume.
Is there any interest to do semi-armuallicenses. Inspections?
Yeah.
I think that would be better than...
Spot check?
.. . stopping the car.
But I also think that ifthere's complaints, obviously, we do an inspection.
Oh, if there's a complaint.
So if you get out of a cab that was dangerous on the inside because something
was ripped off or the door handle had. the knob broken and it was sharp.
Well, I think if there's some safety issues, that's always built in.
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Bailey: Right. But I think we should make that more clear.
Wilburn: Also, our, the ability to do a spot check I presume gives you the ability to stop
and respond too.
Elliott: Do we have, do we have some agreements that do not run other than weekends.
Karr: We do not have any requirement that a taxicab run any length of time at all.
Elliott: I just, I would like to see, those are among the things to look into. It just seems to
me that we have numerous cabs operated by numerous
Karr: Well, I, could we go through the list real quickly? I mean, is there interest in four
of you to do the 24/7 hours of op.eration?
Champion: No.
Bailey: Yes.
Vanderhoef: I think we have to talk about that. Because I think the people, if we expect 24
hour coverage, than they have to be, someone has to be on duty for that company
in the hours when they don't expect to have any calls. And to have somebody
come in with one cab and cream from II pm to 2 am kind of thing on Thursday,
Friday, and Saturday night, perhaps?
O'Donnell: Did you say cream? What is that? Is that cherry pick or
Vanderhoef: That would be another one, yeah.
O'Donnell: Ok.
Vanderhoef: Yeab, cherry pick the time when it's busy and compete with the same people
who are providing 24 hour and trying to make a living off of it. So. There's
different considerations, and I don't have an answer for it right now, but I can see
some potential conflicts there.
Bailey: Well, I would like to look at, if not 24/7, expanded. We don't have bus service on
Sundays, and it doesn't seem right to me that you can, you can run this licensed,
professional, so-called professional company, and yet, cherry pick. I think there's
a professionalism that we should expect, and I think that's a greater availability
of your service. It's not just for Thursday, Friday, and Saturday night. So I would
like to look at expanded, even if we don't get to 24/7, I think we should definitely
look at expanded hours required. And, you want to go through this list.
Wilburn: Well, how many first are interested in the 24/7 - a show of hands?
Correia: Well, I'm interested in looking at what we might want to regulate for hours of
operation. I don't know if! think it should be 24/7, but I think
Elliott: Ross, I would think expanded hours.
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Wilburn: So are there four who would be interested?
Bailey: Can we do expanded, call it expanded?
Karr: Sure. What would you like?
Bailey: At least on Sunday, and certainly some requirements that
Karr: 8 hours on Sunday?
Correia: , guess I'd just like to look at like what, what the different option are.
Bailey: Well, we have, we have any options.
Karr: Yeah, that's exactly
Correia: No, 'mean, how many, how many cabs do we think we need to have operating
on Sunday? How many cabs?
Bailey: That's a market decision, isn't it?
Champion: But you're trying to control the market decision by having expanded hours.
Bailey: Because we license the market, because we license the market. And , think when
you get into a cab.
Correia: 'fthere isn't a market and you're licensing and there's no business, or not enough
Bailey: 'think that when we're in the business of licensing we have some expectation of
professionalism, which is availability outside of! can get a cab from midnight to
three on Thursday, Friday, and Saturday. That's great. But if! come out of
Hancher and it's raining and , walked over, can' get a cab, or whatever? , mean,
, think we should look at expanded hours to some degree. 24/7 is the thing that
most cities do. Cedar Rapids does that.
O'Donnell: 'think that's the case in most larger cities, but' think to require somebody to do
an eight hour, twelve hour shift on a Sunday with one fare, , think that's a
hardship on the business.
Bailey: Mmm hmm. But
Vanderhoef: I question
Bailey: How many people are really in the business?
Vanderhoef: loosely calling business a one-cab, one-driver situation.
O'Donnell: That depends on whether it's a big business or a small business.
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Bailey: Well, I don't think me and my car and a cell phone is a business.
O'Donnell: I agree with that statement. I don't think you can have, I don't think one car can
do it adequately, unless they just sit downtown.
Bailey: But I do think that we have to, I do think that some expansion of hours makes
sense.
Vanderhoef: I do too.
Champion: We do have cab companies that operate 24 hours a day, 7 days a week.
Bailey: Right. But I guess what we're doing is setting the bar for what is a cab company
and what is one chick in a car and a cell phone.
Champion: I think that's worth looking at., but I don't want to regulate hours. But I think
that's a valid thing, what makes a cab company? That's
Bailey: But if you don't regulate hours, what motivates me to, I mean, to do anything but
go downtown on the weekends and do that?
Correia: Is part of, is part of this assessment of what we might need, what the market, can
we, do you know of all the currently licensed cab companies, what their hours of
operation are?
Karr: No, because we have no requirement.
Correia: We don't ask, it's not part of?
O'Donnell: They're independent businesses.
Correia: No, I know.
Karr: No, we do not.
Correia: But that's something that we could call them and ask.
Wilburn: We can ask, but, if I'm sitting and listening to this conversation, then you call me
and I say, 24/7.
Bailey: Here's my cellphone. 24/7.
Karr: I can tell you we get citizens who call because the companies are calling off their
phones, because the expectation is. We explain to them that there's not a
requirement. And I agree with Ross.
Bailey: I think if you're called a cab company, you need to be available, and if you don't,
I don't know.
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Elliott: I don't think we're going to resolve this tonight. I think we've started a
discussion, let's think it over and at another work session, maybe some of us can
come up with some recommendations.
Bailey: But Marian can bring us some language if we have a direction. But if we keep
deferring this, then it's going to get into license, you know, January.
O'Donnell: I'm trying to think of any other business that we dictate the hours that they're
going to be open.
Champion: The Ped Mall vendors.
Bailey: Well, any mall.
Karr: That we license, the Ped Mall vendors would be one.
Bailey: When we license, we, we dictate.
Vanderhoef: This is a public service versus a different kind of business that you can lock the
door and people expect the door to be locked. And even there, they at least post
their hours, and a cab company doesn't necessarily have anything but a cellphone
right now.
O'Donnell: I think we just need to
Dilkes: I think all these, all these regulations that we have for cabs and that other cities
have for cabs, are related in one way or another to ensuring the safety,
legitimacy, etc. These are all ways of getting to that end result. So that's where
you need to keep your focus. We're not regulating the market, but we are
regulating the safety, legitimacy, etch.
Bailey: Credibility.
Dilkes: So that when some, what we want is, when somebody gets in a cab that we
license, we want there to be some assurance, that, you know, that the fare is
posted or the fare there going to be charged, that it's a safe vehicle, etc.
Wilburn: Well, and what's being proposed in addition to that is that I can get a cab in Iowa
City. That's related to the 24/7 availability.
Bailey: Right, and I think that
Karr: It can be.
Dilkes: I think the 24/7, what I'm saying is the 24/7 is, I think why you see that
regulation is that's related to the legitimacy of the operation.
Wilburn: Ok.
Bailey: Calling yourself a cab.
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Dilkes:
Bailey:
Wilburn:
Karr:
Wilburn:
Bailey:
Champion:
Bailey:
Karr:
Bailey:
Karr:
Champion:
Karr:
Bailey:
Champion:
Karr:
Bailey:
Champion:
Right. And so, that's where your focus is.
And I think we think of ourselves as a small town but, you know, we have some
qualities that aren't so small town anymore and if we have the responsibility of
licensing, I would like to see us, I mean, stepping up and raising the bar a little
bit and having some credible, legitimate businesses that do a good job.
Well, it's apparent that there's at least a majority who would like to explore that
expanded coverage, whatever that may look like, so are we ok using the 24/7 as
part of the discussion?
I can prepare some language.
What about the local office being open 24/7 or minimally, emergency land phone
number?
I think that goes along with the hours of operation, how you get at that.
But does there have to be a land phone?
Well, once again, we're talking about legitimacy and turning off and I guess
We're having, we're having trouble getting a hold of the owners on complaints
when they can shut off their phone. Now, they could certainly on the land phone,
they could do the same thing, but there are cities, Cedar Rapids again being one,
requires a land phone.
Do they require an office?
Yes they do.
Maybe we should look at some of these. I'm beginning to change my mind.
Well do you want, I can bring you a number, I just thought I would narrow down
what, if you could tell me what you're interested in I can bring you
Well, I heard that people were interested in looking at this minimum number of
vehicles.
I think we should, I think you're right, businesses should have some sense of
legitimacy.
All right. All right.
[fwe're licensing them, sure.
Ifwe're licensing them. And [don't know what makes that legitimate, but [can
see the problem that Regenia and Dee are dealing with are people who just go out
downtown on Friday and Saturday night.
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Bailey:
Champion:
Bailey:
O'Donnell:
Bailey:
Karr:
O'Donnell:
Correia:
Dilkes:
Bailey:
O'Donnell:
Correia:
Bailey:
Correia:
O'Donnell:
Correia:
Wilburn:
Bailey:
Which I'm thinking of doing now.
I think they do it for money.
There's a lot of money to be made.
What's the consequences if you don't answer the phone. Is there a fine? I mean
that we have to think of also.
Well, I think Marian probably has, there are examples. What are the
consequences?
Municipal infraction.
So what if you, if you take the line off the, the phone off the hook, it's busy, how
do you know?
I mean even if
The basic consequences would be a municipal infraction, that you violated the
code, there's a fine, a revocation proceeding for your right to operate.
Well, it's a matter of busy because you're taking another call and it rolls over to
voice mail or something. You know, I think, that's all part of the range.
Difficult to prove.
I do think that with the changing nature of the economy and technology, I think
requiring, I'm not so sure about requiring a land phone, but if you have a cell
phone there has to be a way to leave a message, and if there's a message left with
a complaint by the City, that there's an expectation that they respond within a
certain amount of time. Because even if you have a land phone you have a
message machine, you take it off the hook. I mean I think there is, once you're
notified, whether it's by the mail or?
But if they don't have an office, I'm assuming they
There has to be an address, there has to be a mailing address, whether.
But see, once again,
If there's an office that's great, but I'm just saying that I don't know that.
Well, for example, we do, I don't remember how it's worded but, with cable, our
cable franchise, we have a requirement about the, at least the following up with
complaints, so.
The complaints. That's right.
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Vanderhoef: And the pickup time and the follow-up and all of that.
Bailey: Right.
Vanderhoef: And I, I'm curious. I know we've got some kind ofliability requirement on the
insurance but I don't know what that is.
Karr: We have, I can provide that, we have $100,000.00 and a $500,000.00 coverage
on those. We've had some issues on those. We go with what the risk
management for the City, we go through our risk management department here at
the City and this is what they recommend as coverage.
Dilkes: They're at least equal to or higher than the State requires.
Karr: Correct.
Vanderhoef: Ok.
Bailey: And then you have those
Wilburn: What about, I'm sorry.
Bailey: Oh, you're going down the list - go ahead.
Wilburn: Minimum number of vehicles?
Bailey: I heard interest in that.
Champion: That may become part of the being legitimate.
Wilburn: Ok. So. Look at that.
O'Donnell: Is there anywhere, is there anywhere where they post the hours of availability?
I've not-
Vanderhoef: Well, legitimacy would partly be in the Yellow Pages with hours.
O'Donnell: I'm talking if somebody posts I'm open 24 hours a day, they should be open 24
hours a day. They say I'm open 8 to 5, then that should fulfill the requirement.
Bailey: So we would be ok with I'm open Monday through, or Thursday through
Saturday, 10 to 3? 10pm to 3am?
O'Donnell: If you set the hours of your business. You know, I'm sure we have some that are
open 24 hours a day.
Karr: We have two that I'm aware of.
Elliott: I can conceive of having
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O'Donnell: Then they'll prosper.
Elliott: differing licenses for a certain number who have 24/7 or extended hours. I'm
thinking of the safety concern. Say a young woman comes out of the University
Library. I don't know what time it closes anymore, but we've had some assaults
on the streets, and if there's not bus, and there's no assurance ofa taxi, and the
friend is gone, I think that, I feel a responsibility to have some protection for
people who need to get from one place to another late at night. And I think at
least extended hours.
Wilburn: I think we've already agreed that we're going to discuss that particular issue,
Bob. What about approval of color scheme expires 30 business days unless
vehicle is licensed?
Bailey: So you have people reserving color schemes and then they don't?
Karr: Correct. I think this is just an administrative manner, and unless there's a
problem, I think. So it would be active for 30 days and then the colors are back
up, fair game, and they'd have to reapply.
Bailey: That sounds fair.
Karr: Ok.
Wilburn: Urn. Eyes glaze over whenever I look at color scheme stuff. I'm sorry. From our
last experience with this.
Vanderhoef: We did that one.
Wilburn: Yeah.
Bailey: What are the options to distinctive color scheme?
Karr: The options are totally, quite frankly, at my discretion, as long as there's not
another cab that can be confused with it. I certainly can't, you can't limit, ok, if!
have one company taking yellow I can't say nobody else can do yellow. I mean,
we don't have enough colors in the spectrum. So I try to look at the shades of
yellow, I take a look at how much yellow, I take a look at design, I take a look at,
I don't get down to lettering, we do have a requirement on letter size in our code,
but other than that, you know, I try to be lenient because there are just too many
companies. We've had a lot of creativity with patchwork and stripes and
divisions and we don't require solid colors - you know, it's pretty open-ended,
and you can see the, we've got, every once in awhile we receive people saying
the reds are too close, again, it becomes the paint chip that I have was a very
different red than the paint chip. I require a paint chip, we also file paint chips at
the Police Department who do the actual inspections of the vehicles.
Champion: Can we have dinner?
(laughter)
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O'Donnell:
Bailey:
O'Donnell:
Karr:
O'Donnell:
Karr:
O'Donnell:
Karr:
O'Donnell:
Karr:
Bailey:
Champion:
Correia:
Karr:
Baeth:
O'Donnell:
Champion:
O'Donnell:
Bailey:
O'Donnell:
Elliott:
Bailey:
Wilburn:
We're really making this complicated.
Well no, I think it's really complicated for Marian.
I saw a black and gold cab name the other day and it was red. Black and Gold
and it was a red van. I think there has to be some cohesion there.
There is. All their cars must be painted the same. They would not have passed
inspection, they would not have been given a decal.
So for Black and Gold and they were all red?
If a company has, if a company is called Black and Gold and the company's
color is red, it would all be red.
Ah.
But I don't know that you saw any Black and Gold that were red.
I think I did.
Well you might have. Ok. I am not aware of any.
But haven't you said you're colorblind?
Can we eat?
I'm interested in looking at options for all these things. Does everyone, do other
people have any that they don't want.
Is there any that you're not interested in?
Yeah, let's try itthat way.
Do we, do we need 16 different cab companies? That's
Probably not.
Again, that's
Well, not 16 cab companies with one car each.
That's right.
Right.
And so I think some of these regulations would change that.
Some of that may impact that. Are, are there
This represents only a reasonable accurate transcription of the Iowa City City Council
meeting of September 5,2006.
September 5, 2006
City Council Work Session
Page 40
Karr: I mean, you could do no color. You could just let, you can
Correia: Just have lettering.
Karr: Just lettering.
Bailey: Well, that could just be a market thing, right?
Karr: That's our marketing thing.
Vanderhoef: Does our ordinance, I can't remember, require the actual meter?
Karr: No, it does not.
Bailey: No we don't and I think we should.
Karr: It does not require a bubble light or a meter. Some do, some have voluntarily
done that, but we do not require it.
Bailey: I think a cab should look like a cab inside and out. Otherwise you're just getting
into somebody's car. That is a problem downtown.
Karr: Are there four who would like the bubble light and the meter.
Champion: That's my
Bailey: That is a huge problem with gypsy cabs downtown and somebody's gonna get
hurt.
Wilburn: Eleanor.
Dilkes: I just, ljust wanted to say what Regeniajust said kind of, that's putting the cab
licensing issue in a nutshell.
Karr: That's it.
Bailey: So I think meter and bubble.
Champion: Maybe that's all we have to do.
Bailey: Well, hours. Of some sort.
Champion: Well, I think we have enough 24 hour coverage.
Wilburn: Are there
Vanderhoef: Those two things may well take care of those, some of the other.
Wilburn: Some of the other.
This represents only a reasonable accurate transcription ofthe Iowa City City Council
meeting of September 5, 2006.
September 5, 2006
City Council Work Session
Page 41
Bailey: Well, if you can make enough Thursday through Saturday.
Champion: You need to think about it. If you don't have a meter and you pick up somebody
downtown.
Bailey: Pizza delivery people are picking up people.
Champion: Which maybe doesn't have all their memory right then.
Bailey: A little tired.
Champion: A little tired, maybe has the flu.
O'Donnell: Or intoxicated.
Correia: But you know, the issue though with the gypsy cabs is, is, do we have any, if we
hear that there's a company operating as a cab that's not licensed, what happens?
I didn't know that gypsy cab wasn't a licensed cab. I mean, I don't use cabs
really, so.
Bailey: Not, no, not called gypsy cabs.
Correia: I know, but, well there was one.
Karr: We do have to, we do work on a complaint basis, you do have to catch them
picking up a fare and charging for it. If they voluntarily pick up someone and
voluntarily give them $5, it's not a charged licensed carrier.
Correia: Ok. So if we had, we licensed, could there be something that we are saying
licensed by the City ofIowa City or something?
Karr: Well we've provided decals for the.
Correia: A decal? Ok.
Karr: Yeah, we provide a decal for the
Vanderhoef: It has to be displayed.
Correia: Yeah. Ok.
Karr: But now, some individuals, when it's pouring rain and they're tired, and they see
a vehicle and the vehicle offers them a ride home.
Bailey: They forgot what their mom said.
Wilburn: Let me try this
Elliott: (can't hear) Marian, can you just bring us some recommendations?
This represents only a reasonable accurate transcription of the Iowa City City Council
meeting of September 5,2006.
September 5, 2006
City Council Work Session
Page 42
Correia: Yeah bring us
Wilburn: Let me try this again.
Bailey: Make the cabs look like cabs.
Wilburn: Are there any - excuse me Council, are there any items on this Exhibit A that
was prepared for us that four of you are opposed to? Otherwise we'll just go with
the whole thing.
Karr: With the whole thing.
Wilburn: Ok. Let's do it. Urn. Do you want to take a break?
O'Donnell: I think we can get through this real quickly.
Vanderhoef: Eat.
Bailey: Yes.
Karr: Dinner is here.
Champion: We're through.
Wilburn: Ok. All right.
O'Donnell: Agenda items.
Correia: I have stuff, I'm not through.
Wilburn: We have agenda items and.
Champion: We can postpone it. During the meeting.
Correia: No.
Bailey: Yeah. I have some questions.
Correia: Til when?
Champion: In the meeting.
O'Donnell: You have more questions on cabs?
Correia: No, no, no.
Bailey: No. I'm done with the cabs. Other items on our agenda.
Wilburn: Well, let's go ahead and eat and I guess you'll just have to reserve your
questions for the actual Council meeting.
This represents only a reasonable accurate transcription of the Iowa City City Council
meeting of September 5, 2006.