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HomeMy WebLinkAbout2015-11-10 TranscriptionPage 1 ITEM 2. STUDENT LEADERSHIP AWARDS — Hoover Elementary Hayek: Would our student from Hoover Elementary please come forward. (several talking off mic) Are you James? Tinkham: Yes! Hayek: Hi! I'm Mayor Hayek. Nice to meet you! Tinkham: You too. Hayek: So, uh, stand right here and why don't you look out at the audience. Tinkham: Okay. Hayek: Um, so, uh.... James, we're ... we're really thrilled to have you here and we just kind of explain how this works. At every City Council meeting during the school year we get student leaders from the various elementary schools in Iowa City, uh, who are identified by their schools as leaders in those schools and get to bring 'em down here and show you off a little bit and brag about you a little bit, and I know, uh, I think it's Jocelyn, uh, is ... was also supposed to be here but ... but couldn't be here and we'll make sure we ... we get to her as well. So it's just you that we get to shine the spotlight on. Um, but, uh... uh, the way this works is I've got an award I want to read to you. Um, but first we'd like to hear from you and I see you brought your piece of paper, so that's the first thing! So if you want to just read into here I'll kind of hold it and tell us a little bit about yourself. Tinkham: Okay! Hello, my name is James Tinkham and I want to thank the City Council for recognizing student leadership at our school. I was surprised to be chosen... chosen by my teacher, Mr. Kosier, because so many of my classmates are great leaders and nice people too. My teacher says that I work hard and that I am helpful to others. I participate in band, soccer, and ELP. I am grateful to have gone to a school ... to school at Hoover, where I've had many great classroom teachers, all seven years. I would also like to thank Zac Wedemeyer from Taproot; Mr. Machalski, my band teacher; Ryan Ben ... Ryan Bentzinger and Tony Carter, my art ... art mentors; and my soccer coaches, Jose Melendez and Geraldo Garza for giving me so much encouragement to be a more confident and creative person; and to Mary Palmberg, who has taught me about generosity and compassion by taking me to volunteer at Free Lunch and other programs that serve our community. Thank you for this award. (applause) Hayek: Well that was great and one of the, uh, we are continually amazed by when young people come to the City Council meetings like you are is how much you're doing as a sixth grader. I bet I speak for everybody up here when I say you are doing, and leaders like you, are doing more than we ever did, uh, back in the day. It's just incredible how you keep up with everything and do all the things you do for This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 2 your school and for your community. Um ... this is a special one for me — two of my, uh, kids are at Hoover now and I see Principal Harnack out there, and uh, he's a great Principal. It's a great school. Um, I know your ... your family's here and uh, the people who support you, some of the names you mentioned, maybe they're here, but if not I know they're.... they're probably watching and eager to hear how this goes. Um, but it's a real honor for us and that's why we have these awards, and so I'm going to read this award for you, James, and it reads as follows. It's called a Student Leadership Award and it says: (reads award). James, I'm going to hand this to you and let me shake your hand and congratulate you, and as I say to everybody — you're welcome to stick around or you can go home and do homework. (laugher and applause) Congratulations! (applause) This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 3 ITEM 3. PROCLAMATIONS ITEM 3a National Native American Heritage Month — November Hayek: (reads proclamation) Karr: Here to accept the proclamation is Human Rights Commissioner Joe Coulter. (applause) Coulter: On behalf of our native community here in Iowa City and our native students at the University, uh, wanted to thank the Commission for this proclamation recognizing National Native American Heritage Month. Uh (mumbled) language we say native american. Thank you, thank you very much! Hayek: Thank you, Joe Dan. (applause) This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 4 ITEM 5. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). Hayek: This is the opportunity at each City Council meeting for members of the audience to address the Council on items that are not on the agenda. If there's something that is not on tonight's agenda that you would like to bring to our attention, we ask that you come forward. We ask that you sign in, verbally give us your name, and please keep your comments to five minutes or less. Gravitt: As usual I don't have any luck with this, uh, thing. My name is Mary Gravitt and I'm here ... to ... to speak about the presentation that Dennis made, Dennis Bockenstedt made last week, and everybody hopped on it and uh, used it becau... he talked about the ... the, uh, triple-A rating that Moody's gave the City. Now, it was very interesting, the presentation was very interesting in that he went through ... the whole spiel. But it came to part in the ... in the speech where there was some challenges, and the challenges were from Moody's, and the Moody's challenges were that the smaller tax base, and the lower socio-economic indicators relative to sim... similarly rated entities. Now when he was talking about the lower socio-economic indicators, Dennis was showing this ... this was Moody's idea. He was al ... that is code for the Chicago people, and I saw ... I wanted to, uh, we make a lot of emphasis on the downtown, but we don't notice Lower Muscatine where you got Oral-B, P&G, and all of that, those factories out all the way to 420t` Street, and those peop... those factories send for these so-called Chicago people that seem to bother everybody. But ... it's about race and economics, and this is what we have to get along here, because those factories cannot operate without the Chicago people. Because when they ... they, if you ... if you ride the Mall bus, you understand what I mean. When it goes down Lower Muscatine and it parallels with 6, you go all those industries and those people are needed, and so we have to figure out how we going to get along, or we just going to talk about those people? And how they're going to be counted out, cause those people are black people and they're new and they're from Chicago! Like I said, I can't get this ... the ... I wanted to demonstrate on here, but I can't get this thing to operate. So you ... when you go down Highway 6 and you start going all the way down the street, you go up on ... on the, on 6 itself where there's a bus stop, but no bus shelter. It's very scary out there when you go down Highway 6. I forgot the name — it's a housing, uh, development out there. And these people didn't get here by accident. They were lured here. Section 8 lured them here, and the City's Section 8 is five, ten years. Here it's every six months. And they were lured here and promised social amenities and so forth. I know all ... everybody is no angel. Some people I don't want living next door to me, and I know some people don't want some of them living next door to them. I'm saying 'them.' I am part of 'them,' although I'm not from Chicago. I'm from Philadelphia. These people, these job creators in those factories wanted a semi -literate work force that wouldn't unionize. So ... this is why they lured 'em out here! And it ... like Hillary Clinton said, the ... the capitalism created the middle class. No! Unions created the middle class, the weekend, and the 8 -hour work, uh, day. So that we have to ... make adjustments cause they're not going anywhere, and you need those This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 5 people. Downtown is glitzy! But out on Highway 6, that's where the money is. Those people have put down their roots here. And you don't have to worry about everybody living up in the sky and the bottom line full of empty space. So, if you want to increase the tax base, there's a lot of things the City's gonna have to do — affordable housing, that's one thing. Gotta have affordable housing. And that will increase the tax base because if you own a house, I'm sure you payin' real estate taxes, and then you have to ... have appropriate public space, and in the public schools, clean up, fix up, paint up campaign because some of these people believe it or not lived on the 20'h floor and they didn't know what the ground looked like. So that they don't understand certain things. You pick up your trash. You start from K to 12 and, uh... and you need affordable housing, and you make investigations, and we ... and we need each other. We're gonna have this triple-A. We need each other and we need cooperation. And we need a police athletic league for the youth, because the youth are always gonna be troublesome, if they have no place to go and nothing to do. And then we have to have some free membership to the Rec Center, especially in the summer. The City did it one time; they can do it again. Hayek: Miss Gravitt, you're at five minutes. I'll need you to wrap up, please. Gravitt: Okay! My thing is ... the Chicago people ain't going nowhere. You need them more than you need to develop downtown, because you need jobs. There's more to triple-A than glitz, and by the way, I do not dislike Marc Moen. I like rich people. Nobody is mad with Marc Moen. Thank you. Hayek: Thank you for your comments. Adams: (mumbled, noises in background) Okay, my name, uh, is, uh, Adil Adams, owner of American Taxi. Uh, first I would like to, uh, congratulate new Members of the City Council who elected, uh, last week. And also 1 would like to thank the Mayor for respond to my letter last time and today have another issue. Uh, this issue (mumbled) company's as taxi driver, which is the Night Ride. Uh, Night Ride is mini -buses operate, uh (mumbled) on this Night Ride, perhaps in downtown where we stand and pick up passengers and drop (mumbled) no pay. Uh, many company like my company, they affected with this service because it's free. Uh... Night Ride can operate as the buses, we don't mind to operate as a buses, like, uh, Compass bus, blue route and ... red (mumbled) red route. They have route. This Compass, I think they done by midnight. Why not this, uh, many buses operate on the same route of the Compass, they close ... rather than bothering us as a taxi driver and ... park in the same area we park and pick up the customer. So any student ... (mumbled) you gonna pay and here is free, so definitely go to free ride. Uh... uh, this Night Ride can use them at night to pick up the student who's special needs, that's okay. Special needs, they need these rides. They can pick up them free. The blind people, the handicap people, because, uh...SEAT...Johnson SEAT they also done by 10:00 P.M. So is good service. We need it for this ... uh, people. But ... um, just (mumbled) after they get This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 6 drinks they go eat (mumbled) then come (mumbled) and here this is not fair. And this also hurts our competition. We can't compete between taxi with different rates, but we can't compete with free. If somebody said I will give you ride for free and this one say they give you ride with one dollar, they're gonna go with the free. So is hard to competition. So (mumbled) like to, the City Council to stop this service, because we have enough taxi, safe taxi, and all the drivers ... they check their background and nobody can get worried about not safe. So this service, we don't need it now. I know the students they ... (mumbled) they need it, but to ... as the companies, it's hard to our competition. Thank you. Hayek: Thank you for your comments. Beadleston: Good evening, my name's Joy Beadleston and um ... I'm just gonna hopefully (laughs) talk really briefly. Um .... and I'm gonna make ... have a quote from John Muth, um, and it's..."It's easy to believe that we are each a wave and forget that we are also an ocean," and the reason I have that quote is because you know I want people to ... understand that as a community, we always have to also remember the individual and their needs, and so ... saying that, um, the Mall and the Eastdale Plaza bus are going back into the malls to really give a great service to the people that are patrons of those malls, that were having to walk through a dangerous mall parking lot to try to get to Sycamore's, um (laughs) only outlet to get on the bus ... to go downtown and to their jobs and school and things. So, um, I wanted to particularly thank Mark Rummel who worked with me really, um, closely to try to get all the community, um, businesses and the transit system to work, to get those, um ... businesses, especially where the Eastdale Plaza was doing construction and nobody was working on it for a while. So it was really great to have that opened back up, and a lot of patrons are very happy about it, and it was a really, um, hard situation for many people, especially the people who are disadvantaged maybe by disability or some, um, invisible disability that makes it hard for them to carry groceries (laughs) You know, all the way up some hill, and it's dangerous, of course, for people that are vulnerable to predators, you know, at night walking to a dark area to sit at a bus stop. Um ... and that's ... this area's lit up. So we worked, um, with Lucky's, who's really happy to have the bus service back in the mall cause it helps their business, along with others. The malls, um, we worked with both the malls, and of course the City Transit. So I just want to say that Mark did a fantastic job (laughs) of working with me and getting back to me and um.. just a really great person to work with, and as ... I don't know, can I comment on what the gentleman said just a second... Hayek: You can talk about anything you'd like! Beadleston: Okay! And the ... if I have time left. I do want to say that the ... um ... the buses that the City bought, they had one bus, um, Night Ride, and they added another bus at ... actually I requested it. I was one of the people that went to Sally Mason's, um, event, uh... to talk about the sexual assault on campus and around the city, so the safe ride is in place to try to give su ... survivors and people that do not feel This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 7 safe, women par ... in particular, especially college campus women that are trying to get home from jobs, school, you know, and events safely. But if he wants to ... or anyone else that's a cab driver wants to make money, there's the ... the Night Ride only goes to Summit. So it leaves the whole eastside of, um, the city, uh, people who are women, vulnerable, to have to walk all the way from Summit to god knows maybe Scott Boulevard (laughs) I had to walk one time, uh, all the way from Summit to Scott Boulevard after studying for finals one time, cause I did not know that they did not take you home (laughs) and also of course the buses stop running normally between 6, 9, and 10, depending on the route. Um, it's a really important service, especially if you have a predator that you're trying to prosecute and they're still out there (laughs) um .... plus there's predators we don't even know about that are out there. So it's an extremely important service. It's a known fact that in the past we haven't always been able to trust the cab drivers, you know, in our city. We've had incidents where cab drivers, not all of them, just couple times it's happened where they've assaulted a person, a woman, who's vulnerable and ... we as a city and the University of Iowa campus, we all need to work together to do everything we can to make women safer, and if it's free, that's needed (laughs) 1 know you mentioned that several times. It has to be free. The women can't worry about not having the money to get home safely. They need to be protected by our community, and our community needs to be a bystander when they see anything going on, and we have to have safe ride. We also, I would recommend, lighting up the city, especially the Pentacrest, and um, First Avenue and other areas where it's very dark and you're left vulnerable. So you can go ahead and pick up people (laughs) from those areas, you know. Just talk to the campus and they'll tell you where they leave people and you can't take them any further. Thank you. Hayek: Thank you for your comments. Knight: Again I forgot my Stretch Armstrong arms so ... sorry (laughs) My name is Roger Knight. I've been here a couple times so ... (laughs) Um ... first of all ... Night Ride, Safe Night Ride, definitely needed. Unfortunately in this time of day ... or I mean just time ... it's needed. I don't know if it's the Police Department's not doin' a good enough job. We can talk about why that is so many times. But ... as of right now, it's needed. So ... sorry, bud! Um ... I'm here to talk about the wrongs of this city, that ... seems to happen more times than what's needed. I hope you guys help ImOn, you know, get some competition and we need to start goin' that way. No more being loyal to ... those who have the money, like Moen. I'm not ticked off with Moen, but I challenge him ... he says he cares about this city. Let's see how much he does. He has all of this money ... let's see if he's gonna build a low- income housing. I betcha he won't! He has the money. He got it from the City! You guys know that. So ... next time he comes up here for a project ... do exactly what needs to be done. Slam the door in his face! Just hurts the city because someone doesn't have enough money, is appalling that it's happening so many times before. Three of you just got voted out for your votes. I'm not gonna be... real nice about it ... because I shouldn't have to be chased out of Iowa City because This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 8 I'm low-income. You guys had your chance. Well maybe the next set will...get the right things done and stop the wrong things that shouldn't be even looked at. So I challenge this City Council ... on ... for next spring! No more of these sidewalk cafes! How much sidewalk do they need? They keep going out more, more, and more! And they're pushing people over the unsafe grates of downtown or the vaults or whatever they're called! I don't care! Call 'em deathtraps! I'm callin' it how it is. How bout you guys? You know the thing is is ... look at everything that's going on. I challenge all of you to go over to the Police Department some time. I'm sure they have some department in there. Put on a disguise. Go ride a City bus. Go downtown, start just talking to people. You'll hear over and over and again, you guys don't care! Oh it's whatever Moen wants! And I've said it before, it's ... let's be honest! This is not Iowa City anymore. This is Moen's City! You guys go with whatever he wants anyway. So ... I don't know. I hope you guys can start putting in some big votes to help us out. And ... I'm challenging... on that. You know, start showin' who cares. So ... that's what I wanted to say. Thanks. Hayek: Thank you for your comments. Anyone else during community comment? Well, Miss Gravitt, someone else is getting up here to speak and .... and we don't have people come back for second times. If there's something on the agenda you'd like to speak to, you ... you absolutely can speak to ... that agenda item. Sir! Landry: Good evening, Mayor, uh, Council. Doyle Landry, Positive Vision Ministries. As a Marine Corps veteran, today is our Marine Corps' birthday and tomorrow is Veterans Day. I want to bring attention for those of you who have been wondering, okay, what's the agenda with regard to, uh, the former property on Dubuque, that there's now public hearing for, as you said, for December 151'. We need to do a better job of...those who have served. They ... we are not included in the city, and I say collectively. I'm able-bodied, but ... but those who are not able- bodied, who have served, for those who ... um, may be operating with one or more senses diminished... we don't do a collective job, and I say'we' collectively. We don't. It's something that we don't think about until it hits close to home. So I was reminded of it today because for those of you, again, I like McDonald's. Um, today I noticed on Riverside the veteran with prosthetic legs and I felt guilty, felt ashamed because he's standing in front of McDonald's begging for change two days before Veterans Day in Iowa City, where... projects that get developed, and commerce is necessary, for those of us who run businesses. Again, miracles take money and it's got to come from somewhere. So not until you put your blood, sweat, and tears into a business and you understand, um, the beauty that comes with entrepreneurship, that would be a conversation that can be best be understood when you get into the game, when ... when you put your skin into the game, but for us as veterans ... the City doesn't do a ... the best job it can, and I say that because although, um, Council changes in January, it's my hope that it's a collective conversation that continues because... again... we're getting ... older as a community, as a ... as a ... as a city and ... for those that we give tokens to on November 111i, what about the other 364 days of the year? So in closing, it is my hope that ... the agenda in terms of the property on Dubuque, which could have This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 9 been a veterans center if we thought creatively, and I understand there's no ill intent in terms of what it will eventually be, but ... after this meeting's over and you drive home and you think about the next day or so in terms of the free stack of pancakes and everything else that businesses are giving on tomorrow, what does Iowa City do for those who have served, and what could we do better? Because, again, freedom isn't free. Thank you. Hayek: Thank you for your comments. Anyone else? Okay. We will end Community Comment and move on to Item 6, which is discussion of the, uh, downtown self - supported municipal improvement district. Terry Dickens and I, uh, have business interests downtown so therefore we're going to have to recuse ourselves. I will hand the gavel over to the Mayor Pro Tem! Mims: Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 10 ITEM 6. EXTENSION OF IOWA CITY DOWNTOWN SELF -SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT (SSMID) A/K/A IOWA CITY DOWNTOWN DISTRICT - ORDINANCE AMENDING TITLE 3, "FINANCE, TAXATION AND FEES" CHAPTER 7, "IOWA CITY DOWNTOWN SELF SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT" OF THE CITY CODE, TO REESTABLISH THE IOWA CITY DOWNTOWN SELF -SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT (SSMID) PURSUANT TO THE PROVISIONS OF CHAPTER 386, CODE OF IOWA; AND PROVIDING FOR THE ESTABLISHMENT OF AN OPERATION FUND AND THE LEVY OF AN ANNUAL TAX IN CONNECTION THEREWITH. (FIRST CONSIDERATION) a. PUBLIC HEARING Mims: This is a public hearing. The public hearing is open. (bangs gavel) Wendy! Ford: Good evening, Council. My name is Wendy Ford and I'm the Economic Development Coordinator for the City. On September 110', a petition was filed with the City to re-establish and expand the Iowa City Downtown District Self - Supported Municipal Improvement District, or SSMID, as it's known inter- changeably with ICDD. A SSMID is a self-imposed taxing district that levies a tax on commercial properties within the district, and as you know, we have had one in place for nearly four years now. The petition met the requirements of containing the signatures of at least 25% of the individual property owners in downtown Iowa City, representing at least 25% of the total value, uh, for City Council to initiate proceedings. In other words we needed a certain amount of signatures. We have them in the petition. We had more, in fact. They exceeded the thresholds needed by quite a distance. Um, and that, uh, triggered the next step in, um, con ... in your consideration of the re-establishment, renewal, of the SSMID. You can see in the map here there are two, uh, areas of crosshatchings. The, uh, the larger area in the center was the original, uh... uh, SSMID district. The organization is expanding because they have had, uh, inquiries from businesses on the fringes that would like to be within the ... become within the district, as well, and I will have, uh, Nancy Bird, their Executive Director, address the ... the two questions that Jim asked. One, some of the specifics about the boundary changes, and two, more specifically about the ... the timing of, um, the, uh... the submission of the petition. Um, so the next step after, uh, ensuring that we had enough signatures was to ... to forward it on to the Planning and Zoning Commission who is then charged as ... with looking at the merit and feasibility of the, uh... of the petition and, uh, then returning back to you an evaluative report with their findings on whether or not this would be an appropriate ... uh, an appropriate thing, an appropriate petition and uh, would, uh, would have an ordinance that would follow, that would work well for us. The final step then in this whole process is the public hearing and the, uh, three readings of an ordinance, yet to come. Uh, so the SSMID petition itself for the renewal and expansion of the district proposes to extend the district for another 10 years, This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 11 beginning July 1St, 2016, and ending 10 years later on June 30th, 2026. It also proposes to levy an annual ... or to levy a tax upon commercial property, defined in the Iowa Code, that would exclude residential properties and those properties exempt from tax anyway. Uh, from July 1St, 2016, for five years, they propose the maximum levy would be the same as it has been for the first four years and that is $2.00 per $1,000 of valuation. But for the second five years, that is from July 1st, 2021, to June 30th, 2026, that maximum levy rate would not exceed $2.50 per $1,000 of taxable value. State code allows for a SSMID levy to be used for three purposes within a SSMID district — operations, capital improvements, and also debt service. However, the current SSMID has only had a levy for, uh, and the renewal actually is ... is only requesting a renewal for operational, uh, tax to be used in the following ways: um, to continue to develop and manage activities in support of marketing, business retention and attraction, uh... uh, which include business support services, establishment and promotion of special events, festivals, and the like; to also engage in activities that make physical or other improvements, designed to enhance the image and the appearance of the district, such as lighting improvements, decorative enhancements, landscaping, and public art; to also employ an exect ... executive director and staff who work for the board to manage the work of the district, to fulfill the intent of the petition establishing the district. The City currently has an operating agreement with the SSMID. The current petition proposes to continue this operating agreement between the district board of directors, which is a 501(c)6, non-profit. The district board will have up to 24 members, representing property owners of different values, businesses of different sizes and types, members from the northside, a non-profit, uh, or cultural entity, a University of Iowa member, and up to four other stakeholders of the district, and up to seven ex -officio members. So well represented by the entire community. This board also serves as an advisory body to the City Council regarding the annual levy and the budget that the district, uh, puts together, because by law, the ... the City Council has to approve those ultimately. The petition also expresses the intent that the SSMID tax will be used for new, additional, or enhanced services within the district and that the City will not diminish the type, uh, or, uh... uh, extent of any governmental service that ... that it currently provides. And in addition, because part of the district is located within the boundaries of a TIF district, it is also the intent of the petition that the City would reimburse the district for any SSMID levy captured against TIF properties within the district. In other words, the amount of funds that would have been derived from, uh... uh, a TIF project, uh, would be, uh, refunded essentially back to the TIF district. However, the City Attorney has advised that these decisions are ultimately those to be made by City Council and that neither the petition nor the ordinance can actually bind a ... a future City Council on that particular item. As noted in the letter from Executive Director Nancy Bird, the first four years of the SSMID have given a unified voice to members of the district and to improve the stewardship of the area. She notes that together with the City and the Iowa City... together the City and the Iowa City Downtown District have improved safety, developed a plan for enhancing retail, strengthened urban design principles, improved communication on a process to update downtown This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 12 streetscapes, and they are working on a way to make the downtown more environmentally sustainable. All the statutory requirements have been met for expanding... for renewin ... renewing and expanding the Iowa City Downtown District, uh, and staff is recommending the adoption of the SSMID ordinance. And I'll take any questions, but also as I've said, Nancy Bird is here to answer, uh, your questions as well! Mims: Any questions for Wendy at the moment? Okay. Thank you, Wendy! Throgmorton: Yeah, I ... I might want to ask a question, but not right at the moment, I think. Mims: Nancy, did you want to speak? Bird: Good evening! Um, let me first start by thanking City Council and City staff for all the support you've given us. Mims: Nancy, excuse me. Could you just introduce yourself for the audience? Bird: Oh yes! Mims: Thank you! Bird: Uh, I'm Nancy Bird. I'm the Executive Director of the Iowa City Downtown District. Mims: Thank you. Bird: Um, so I'm ... I'm primarily here to answer any questions. Um, but I do think it's really important to, um, express how, um, the support from the City is critical in the communications in making the Downtown District work, and I really also want to make sure and point out, um, without Geoff Fruin and Wendy Ford and Chris O'Brien and Officer Dave Schwent we really, um, wouldn't be as far along as we are today, and that's purely communications, having good listeners, having staff that is trying to solve problems. So, I thank you for all that support. Um... so I want to make sure and, um, highlight some of the key pieces of this ordinance, um, in that the amount of support that we have in the second term... the first four years was a real, a learning process for a lot of us but, um, the amount of signatures we were able to garner, um, has far exceeded the threshold, the 25% threshold the signatures needed. We received 76% of signatures for the total assessed value, that's three times the amount that we needed, and we received 56% of the total signatures of unique property owners. So that's an indication of the, um, the trust and the efficiency that we've, um, that we've been working under, trying to target these investments, and I think it's really also important to ... to note, and I ... I think you all probably know it but just for the, uh, the community here too that these are private funds. This is an assessment upon private property owners that have asked to be taxed, because they want that This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 13 funding to go back into their geography. So it's really a huge private sector push. So we're, um ... I think this is the way that the private sector should come together and say 'we know that we're part of this investment downtown,' to make sure that things are ... are going better. Um, so to get to a few of the questions I think were around the boundary, if I'm not mistaken. That was one of the questions. Throgmorton: Boundary was part of it, but ... but just in general what specifically is being changed by this relative to the way things are right now and Wendy's already summarized some of that. Bird: Okay. Um, the first is the boundary. We've expanded, um, the boundary for this term, the next 10 years, uh, primarily, um, as a request from the University of Iowa, the Voxman School of Music and University of Iowa Art Museum are, um, incredible additions to downtown Iowa City. If we were to not change the boundary, we would not say that they're downtown and I think everyone knows they're downtown. This is really about right sizing, um ... what the general community already calls downtown. City Hall is another, you know, important example. City Hall is downtown. In our district, you know, one of our key values that we bring is the marketing, um, support, uh, that we collectively can market ourselves much better if we do it together. Um, so therefore we do not market for anyone or even talk about, um, you know, we certainly partner with other people in the community, but we don't talk about locations that are outside of our ... of our district. So it's ... it seems ... it was uncomfortable, really, to say City Hall is in downtown when we ... when we boast about the other things that are. Um, so the University of Iowa requested that they be included. We talked about, uh, the corridor along Burlington Street and making sure to include both sides of the street when we're talking about Burlington. Um, and then, you know, along, um, Gilbert, those parcels are very wide. They go right to the other side of the street. So we ran the boundary straight up. Um, on the northside, Jesse Allen and the Northside Commons wanted to be a part of the northside. Clearly they are. At the time of the first term of the, uh, SSMID petition there were homes there. So that's changed. Um, so that's the primary reason for the... expansion. It's really ... I feel like it's a right size of the downtown. So that's the first piece. Um, an option to increase the levy rate was a big one and we ... we talked about that. I think it's important to state that in the next five years, every year it's up to the Downtown District members to come and ask Council for, uh, the maximum levy rate or less, and in five years we have that option to increase, um, 50 -cents, uh, from what the current levy rate is now at...at $2.00 per, uh, assessed value. So we have an option to do that. Clearly this is a tax upon ourselves, the businesses. If no one wants to do that, we won't make that request. So, it's possible the ... the levy rate stays the same, but it gives us the option to see where our costs are after five years, if we need to increase it. So we'll do that. Urn ... and a more inclusive board, I think, is another piece of it. Um. ... we don't have really any of our cultural entities on our board of directors. Um, there's probably some community at -large, uh, folks that should be on our ... our board, so we're talking about that ... we'll talk about that and refine that in our by-laws, but, um, in the ordinance, that's one of This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 14 the things we can... consider in the petition. It doesn't show up in the ordinance. But that's what we agreed to with our property owners under the petition and that's what we want to carry forward, um, so that's another key element. Otherwise our services will pro ... continue to provide the same. Um, it's ... it'll be more of the same, but I think we're ... we're being more strategic in what those initiatives are, um, I think we've ... we've been before you, uh, talking about design guidelines and improving our ... our policy and regulatory environment, as well as just initiatives to make it clean and safe. It's very important. Mims: I think one of the other questions Jim had was the timing, and I think this renews as of July 1St and so the timing in terms of getting it done now (both talking) Bird: Right! Um, at the very ... the first year of, um, the operation of the SSMID, uh, the Downtown District, the way we were doing our budgeting was on a calendar year, not a fiscal year. Um, at the time, and this was before I was hired, but the board decided to get onto the City's, um, planning cycle, fiscal cycle, so it was switched to a fiscal year of, uh, July 1 to June 30. So when we did that, um, it sort of...it made it a little bit challenging to do our books for a little while, but we've got that straightened out, but what we were anticipating is that we would need to have this all done by the end of 2015 to operate in 2016. Um, and as we looked into it, it's really six months into 2016 when we had to have all this done, but I think it's ... it speaks to our efficiencies (laughs) We want to get it done. We didn't want to spend, you know, um, all year talking about signatures. We wanted to get it done and bring it before you. So wouldn't go into effect until July. Mims: Any questions for (mumbled) Payne: Um, originally if I remember right the University was putting in a certain amount per year. Bird: Uh huh. Payne: Are they still doing that or have they increased or decreased the amount that they're (both talking) Bird: They have. They've, um ... um, they're adding properties in, um, but they've also, um ... they understand that the ... the needs to ensure that downtown Iowa City reflects well upon the University and, um, is worthy of their additional support, so they have increased their financial support. Payne: Well they're not taxable so.... Bird: That's right. Payne: ... that ... that was really where my question was going since they're not taxable how would they ... (both talking) This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 15 Bird: That's right, and ... and it's something that, um, we had to work out and we, um, we asked it of them and we had a good conversation and, um, David Keft is our University of Iowa representative on our board of directors and, um, it was a ... it was a voluntary, um, arrangement and we're pleased to have it. Payne: Great! Throgmorton: Nancy, I'd like to ask you a ... a different question. Kind of like, uh, it's a (mumbled) question, kinda like you and I are chatting over coffee at one of our nearby coffee houses. Uh, I wonder if you could, uh... answer this, uh, question. Is the downtown better than it was four years ago, and if so, how specifically has the District helped make that happen? Bird: Okay. Um, well I should have brought all my annual reports so I could go through and look at every initiative that you can actually see that's tangible out there on the street, but I would say, um, without a doubt, I ... I believe it is. Um, I've been in this community for three years, so my history doesn't go as deep as many of...of yours. Um, anecdotally we get that input all the time. Um, I ... I do believe, um, and maybe Karen Kubby would be a better person to speak to on this, but the amount of collaboration that we have and the amount of, um, really... well, one of the things that I wasn't anticipating on this job. I was a little nervous about cause I was coming in fresh. I moved my whole family here to really work on, uh, work this position. I was excited to do so, but there was a lot of unknowns about it, um, and whether or not there's in -fighting or nobody gets along or, you know, business owners are very independent people and um ... it has not been my experience at all. It's a great group of people and um, I could point to the northside lights. That's a really easy one that people love, you know. I mean, we had a City match from, uh, related to streetscape updates, so we appreciated that support, but that was a ... going, you know, property owner to property owner to property owner and we do that on numerous initiatives. Um, it's ... now pet - friendly. We have Officer David Schwent, which I mentioned earlier, who, um, I think has been a huge impact for the entire community. His, um ... uh, ability to work with people and meet people and ... he's not there to ticket. He's there to ... to really be a resource for everyone. I think it's made a huge impact. Urn ... I could go on, but I ... I know we do a lot of events, clearly, and events are ... are, um, they're a lot of work, but people seem to enjoy them. They're growing in attendance. They're growing in interest and, uh, we've made some great hires. Betsy Potter is an amazing marketing and events. She does our operations. Um, Annette Kading has brought a ton of energy, um, and is really attracting some new interest around our retail development, and so I ... I really think that without this interest and support of downtown, and passion for downtown, um, we may not have had that. So, um ... I mean I'm biased, clearly (laughter) That's my thought! This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 16 Dobyns: Nancy, I assume that, um, your board came up with, um, some measures, um, some outcomes that they wanted to have. I assume it periodically is the director, uh, you go back to this board and say'okay, this is what we were aiming for; how've we done,' what has your board, I mean ... the question Jim asks is a good one. I can only assume that internally your board has (mumbled) whatever measures you came up with, urn ... what do they say? Bird: You know, I think that when we go for ... we have strategic planning coming up ourselves for the next 10 years, what is our organization going to look like in 10 years, but for the first four, um, the metrics that I've been going by that are quite simple is ... um, are there more people living downtown? Are there more people visiting downtown? Are there more people employed downtown? Um, and those are simple, but ... play, shop, those things are happening. They're all up. So, um... there's actually more people parking downtown. That's another huge one. Um, but those are some of the measures. I think over the course of time we need to tighten what ... tighten those up. Um, a lot of what we do is marketing, and marketing I ... you know, I've never done that, um, my past career I did some marketing, but not like this and marketing is incredibly hard to measure. So, um, a ... a lot of it we hear from ... that's anecdotal, but we try to measure those things in a annual report that goes to the City and the community every year. Mims: Other questions for Nancy? Thank you, Nancy. Kubby: Good evening. Hi, my name's Karen Kubby and I'm on the board of the Iowa City Downtown District and a I'm a downtown business owner. Um, I think there's a couple other things that I wanted to add to Nancy's answers. One, about the ... the geography changing. Um, the other piece of it is being able to be part of the conversations about major corridors. So Gilbert Street and Burlington Street. Those are challenging as the community grows, especially to the south with, um, the ... the south of Burlington plan and making sure that it's safe, that there's easy pedestrian crossings, and we want to be part of those conversations, as well. The other advantage of our ... of being so efficient (laughs) in our timing is that we can ... once the Council assuming that you approve the ordinance, we can move forward with recruiting for this expanded board and we can have the current board and new board members do strategic planning together; in a timing that allows us to do the strategic planning, formulate our committees and our work plan and our budgets so that when the new board go ... comes on board July 1, they're ready to go. So I'm looking forward to that part of that, as well. I've worked with a lot of organizations in the community, and this is one that I made some assumptions about. I'm not used to working with economic development groups, although I am one of those independent cusses that Nancy was talking about, and ... but this group has figured out a way to have very different process and content, and come together around a mission and a set of goals, and to make them happen, and I've never really worked with such a concerted group. And I think one we hired well, but two we're ... I ... this is a lot about self-interest that's the larger picture of a better community and a stronger local economy, but it's also This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 17 about how that affects my particular business as well. So I'm motivated to work for those larger goals as well as my smaller, independent goals, and it's a great combination to create positive hunger and constructive programs in the community. So another part of what I think is better about downtown is that parking, I think, will forever be a challenge. If it's not, we're not being successful downtown. It's not to dismiss issues that I say that but it's to say whatever we do to alleviate parking concerns, there will just be more parking concerns, and I think that's an okay and a good thing. So I think the first hour free, um, is one of those accomplishments of taking the risk to do that and doing away with the park -and - shop and the bus -and -shop program, and doing the first hour free in the ramps has really alleviated some of the on -street parking where people just want to come in and out, but they're not spending a lot of time downtown. Um ... so those folks can go into the ramp and feel better about it. So I think that that was a risky thing and we were supportive of it and that ... I would count that as an accomplishment. So tonight we do ask you to, um ... vote affirmatively for the SSMID ordinance, but we also ask you to, uh, direct staff to begin discussions about a new operating agreement, and there'll be lots to that. There are some things that are in the petition that aren't in the ordinance, and certainly there are things about how our board is structured, that it's most appropriate to be in our by-laws, not in an operating agreement or in the ordinance, but there are those two sections, um, that may need some discussion to be included in the operating agreement, uh, specifically the not reducing the level of City services so that costs for services aren't shifted to the district. The purpose of the district and this private investment through taxing is to expand services and expand programming downtown, and then secondly the TIF issue, so that as assessments rise because of those investments, the SSMID is asked to do more work for those properties. We need the funds to be able to services those properties. Thank you. Mims: Thank you, Karen. Payne: I have one more question, but I'm not sure who the right person is. Mims: Okay. Go ahead! Payne: Um, the question is is we ... so the district is expanding, but it's for ... this is for 10 years. So what if something happens south or north or wherever of where this is, can this be opened back up so that you can expand it again within that 10 year period or does that constrain you to that area for those 10 years? Bird: Oh, it's a good thing that Kitty Gurloch, who's been a great support to us at Meardon Sueppel is here in case I get this answer wrong (laughter) But, um ... basically I think we have to re -petition. We would have to re -petition for those properties. We'd have to go through the same exact, um ... uh, you know, process that we went to to get these pe ... these property owners to sign the petition. So we would have to go through the same process, if there was any movement south. So we don't know what the future will bring and we talked about that, you This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 18 know, is there an opportunity there, but there was, um, at this time, you know, I guess it was really fall of last year, there was a concerted notion that it's the maturity of the businesses and the collaboration that we have with one another that really makes this engine go, and without that, um, really business interest and property interest south of Burlington, um, that we would just leave ... leave things alone and keep doing what we're doing. So... Payne: I would agree, it doesn't make sense today, but ... in five years (both talking) it might or ... before the 10 years is up, so that was what kind of drove my question. Mims: Go ahead, Karen (both talking) Kubby: I need to answer that question, because the board certainly thought about that and we wanted to be foresightful but we didn't want to grow too fast or have to service properties that weren't really needing to be serviced or ... or wouldn't pay for this service that they were getting. So ... we like that people are knocking on our door (laughs) and we want to grow as the demand is out there, and so one of the things that we thought about is say that five year scenario, there... there's a cadre of business that want these kinds of services, they could do their own short-term SSMID and have their end date be when our end date is. They could contract out with our employees, so we could actually ... uh, even maybe have the same board... during that interim and then at the 10 -year mark, we could re -petition to continue with a larger geographic area. So we had talked about those kinds of scenarios. Payne: So there are options. It'd just have to wait ... it's a wait and see thing. Kubby: Yeah. People will need to decide that they want to collaborate, cause this doesn't work if all you want to do is fight. Doesn't really work very well, and so when people are ... when there's enough businesses that are expanding and wanting to ... to ... to collaborate in this way about marketing, about services, about programming, um, certainly we will be helpful to them in figuring out how they can do this for themselves and then coordinate at the 10 -year mark. Payne: Thank you! Mims: Thank you, Karen. This is a public hearing. Are there others who would like to address the Council? Adams: Again my name Adil Adams. Uh, I would like also to talk about this issue, the parking issue. Every time I talk, usually I talk about taxis. I know that (mumbled) but I talk when I said American Taxi. That mean all other taxi. So also we have problem with parking. Now the taxi companies are organized. They have same colors and they have, uh... much (mumbled) The only thing now we don't have is stand in downtown. So sometimes we come, drive our taxis around, around, just to find parking, so why not the district make stand (coughing, This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 19 difficult to hear speaker) a company come to find one or two parking, rather than just to drive around (mumbled) by the police because they park illegal on the street and this make problems with, uh... with the police and the drivers, cause there is no where to park. All the other people that park on the ... the, on the parking lots and the ... there is no stand for the taxi. So (mumbled) future, I would like (mumbled) put their mind (mumbled) and put sign, stand for taxi. Nobody park, only taxis. (mumbled) just one or two parking. The other drivers, they can drive around. Thank you. (mumbled) Mims: Thank you. Is there anyone else who would like to address the Council during public hearing? Gravitt: My name is Mary Gravitt and what the gentleman said, I don't know his name, is true because we want this a city, but we don't seem to have any kind of plans. You need ... if you gonna have a city, you need taxi stands. You need a lot of things. You just...it...it boggles my mind. We got all these plans and our plans just lead us to be a town and not a city. A city is an expensive thing. We have 82 policemen. We have to make plans. And you have to have a taxi stand, even though I don't ride in taxis, I use public transportation. My thing is bus shelters, but I agree with him per ... he has a point. Thank you. Mims: Thank you for your comments. Anyone else who would like to address us during the public hearing? Beadleston: Hi, um, my name's Joy Beadleston. I did want to ask, um, the ... Karen Kubby, uh, possibly, uh (noises on mic, difficult to hear speaker) where they gave, um, bus - and -shop or something (laughs) They had a program and they got rid of it and actually I thought it worked really well and I just ... she mentioned that they don't have that anymore. I was wondering why because it seemed discriminatory, um, to not allow the people who are bus patrons to have a chance to bus -and -shop, and I believe what I remember, they gave a person, um, a bus ticket, uh, to get home or get ... you know, they'd bring a receipt and get a ticket from the, um, business, uh, for buying something at their shop and then in turn the business would give them a free ticket home. And it was, you know, really helpful for people that are on a limited income, um, I'm sure so ... that would only help business. So I did want to ask one of the ladies that talked, um, probably Karen or Miss Bird, right? If they ... could tell me why they did get rid of that program, because it seems beneficial. Mims: I mean if you want to discuss with it later, we're not ... we're not really set up in the public hearing to kind of go back and forth between everybody who is here but more to ... to present (both talking) Beadleston: That's fine, I just would like that, um, maybe brought up cause I thought that was a successful way to get everyone downtown, whether they park or ride the bus, and so ... that's all. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 20 Mims: All right! Thank you. Landry: Urging your passing of the ordinance... Mims: Excuse me one second. Could you please reintroduce yourself? Thank you. Landry: All right. Doyle Landry, Positive Vision Ministries. In support of the ordinance, uh, some people may not be aware that, um, cause not everyone receives the emails, that there has been ongoing hard, uncomfortable, um, head -scratching conversations about race. Um, and in that I applaud the courage and specifically seeking out Miss Kubby because it takes a lot to put up with me and ... the insistence that diversity is more than just one ... fill in the blank. I put that out there because I keep hearing, and I don't come to every City Council meeting, about ... the Chicago folk. And so just want to remind you as you are talking about a 10 -year plan, the downtown area is the face of Iowa City. You can't get around it because it's where the University of Iowa is. If you look at what has admir... admirably and successfully occurred in a city in Missouri when enough is enough, money ends the conversation. As we ... plan for the next 10 years and specifically a previous City Council meeting where a 12 -year-old Hispanic boy was honored for ... his success in school, where do you see him at 22? Is he a downtown entrepreneur? I only want to put that out there because who knows what the City Council will look like in 10 years, but it starts with hard conversations, and I want to put that out there is because not everyone may have the means to come to a City Council meeting and advocate, and again, and allow the hard, fast deals that, um, take place because of who knows who in this city, if we're going to change the conversation about ... um, an inclusive downtown and not excluding the other parts of Iowa City, but again, just like for those of you who may be familiar in Chicago, with the University of Chicago, Hyde Park is the face of that area and it's the same type of conversations about them folk, and them folk aren't of color. Them folk are those who have not the means to take care of themselves. So again, in support of the ordinance, again, appreciative of Miss Kubby, her board, and Miss Bird and her staff in being open and ... uh, dealing with being uncomfortable. Once again, the 12 -year-old who you honored, in 10 years where might he be? And ... as we are planning because ... as Miss Gravitt said, planning is important, where are we going to be as it relates to a truly racially inclusive downtown? Thank you. Mims: Thank you for your comments. Anyone else who would like to address us during the public hearing? Knight: Hello. Um ... I'd say ... before you vote yay or nay, I'd like to just have everybody kind of think about what everybody's said. Too many times it's where's the money? Where... where's the money, that's what we vote for. And ... you know, it's ... sad that we don't see everyone as red, white, and blue. You know, the disabled, the low-income, the black, white, orange, polka dotted, by the way, if This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 21 you're polka dotted, please see a doctor, um ... you know, that's what I think we need to get at and ... to kind of go on with this. I think this is something that could be good. We need to do what we can to protect the downtown from anything, Walmart, Target ... you know these big chains, Moen, urn ... and get it back to making sure that they have a fair vote. They have a fair say, and make sure that residents have a fair say, and ... there's maybe a cause where ... if, heaven forbid something goes wrong and all of a sudden they ... however possible, abuse the power, it can be broken or something. Just a thought. Thank you. Mims: Thank you for your comments. Anyone else who would like to address us during public hearing? All right. (bangs gavel) Close the public hearing. b. CONSIDER AN ORDINANCE Payne: Move first consideration. Throgmorton: Second. Mims: Moved by Payne, seconded by Throgmorton. Discussion? Botchway: I would just like to make a couple (clears throat) statements, or a statement. Um, you know, Karen, I would agree with you. I think you ... I think the group or the Downtown District, uh, specifically hired well. Um, you know, another thing, Jim, from ... I guess to answer your question is the new thing I think Nate did was first hour, to kind of a group of 30 -somethings and I mean just... Mims: I've been there! (laughs) Botchway: Well I was (laughing) seeing you there (laughter) Mims: I didn't know I was so young! (laughs) Botchway: Um, but there ... it was just a ... it was a great opportunity to see, um, you know, folks coming together, collaborating, um, and thing ... and doing things that you see in other spaces, you know, where we throw out, you know, Denver and some other places, so that's been great, and you know, um, just in kind of anecdotal conversations that have come about from the election, um, you know, folks are wanting to move back in town, and I think a lot of it has been because of the work that you've been doing, and so, um, you know, Nancy and I went to the same class together and so I just, you know, get so excited because she's doing some wonderful things and that was ... kind of in the infancy when you got the job, um, and you've just done wonderful things and I'm happy about the University's partnership and everything that they're trying to do because I do see it as connected in some way that we have, you know, the, um ... the music and everything else is a part of it, and so I ... I'm just overly excited and I know in the past, especially, um, in becoming on Council, um, you know, I was openly This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 22 critical, the Downtown District and everything and having those conversations with you and other folks, um, has really helped me see, you know, its importance and kind of the fabric of Iowa City and I just ... I applaud you in everything that you've done, and ... and all your staff and everything else. So, thank you. Mims: Other comments? Throgmorton: Uh, a few days ago I was walking downtown at night and I saw a, um, what do you call it? A skill saw band, it's my term for it. Two guys cutting ... tree trunks on stage in front of the Sheraton Hotel, and ... and it turns out that that was part of the 'witching hour' event, uh, and ... then just today I watched a video that has just been produced a ... about ... I can't remember the name of the group. It's Painter... Painteresque? Mims: I saw it but I don't remember it either. Throgmorton: Yeah, yeah, and it's a really vivid video about this effort of a group of artists to do some really creative, collaborative work in the downtown area. So I ... when I ask myself the question is the downtown better off than it was four years ago, I answer yes, and I think it is in large part because of the work of Nancy and Karen and all the members of the Downtown District's board, and the businesses that are collaborating downtown. So I see good reason to support, you know, the, uh, the proposal before us and, uh, certainly will vote for it and I am very optimistic that it will result in continued improvement over the next 10 years. So, bravo! Payne: I think four years ago when this was originally proposed, it was very ... seemed very ... not quite sure whether it would succeed and I think it's ... we have seen that it's ... far exceeded expectations in my opinion, so bravo to everybody and I think it will ... last long past the next 10 too. Mims: Other comments? Rick? Rick's going to save his voice tonight (laughter) Um, I would just echo the comments that have been made. Um, I think that the Downtown District has come a long way and, um, for all the ... the criticisms sometimes that we get about putting too much money and emphasis on the downtown, it is, as people have said, it is the face of Iowa City, and particularly with the University and the close proximity, and the thousands and thousands of students and parents, um, who come and see our downtown as they're deciding maybe are they going to come here and so it's vitally important, not only for our economic development as a whole city, but it's also vital to the success of the University and their ability to recruit not only students but faculty and staff. Um, the improvements over the last four years, I think if you went back and really kind of did a checklist of things, I think people would be, um, actually pretty astonished. I think when it happens just incrementally over time it's easy to kind of forget about what ... what it was and what it looked like and some of the activities that were going on are not going on, depending on whether they were good or bad, and how those things have changed. Um, I would echo, you know, This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 23 your comments, Kingsley, on staff. Um, it ... number one, Karen, you were absolutely instrumental in getting this started, um, and I think convincing a lot of people, of property owners, at the beginning that this really, uh, was a viable organization that could bring benefit to downtown. I know you put a lot of hard work into getting it started and uh, you weren't the only one but you might have been the ... might have been the key face, certainly, that we saw of it and I certainly appreciate those efforts, and uh, would echo the ... the good hire with Nancy Bird and your staff, and ... and the fact that you've been able to put together a really good, uh, group of business owners who do want to collaborate and do.....really do want to work together for the betterment, um, not only of themselves, but see that the betterment of the whole is bettering it, uh, for themselves, and ... and again to emphasize the importance of this is that these are people, these are business owners and property owners who are voting to tax themselves. I think that is an absolutely key part of this, that sometimes people don't necessarily, if they're not involved (coughing, unable to hear speaker) or understand or focus on. They are voting to tax themselves for the betterment of the whole downtown area with programming, with property improvements, with, you know, lighting and various things, um, to help the community and help obviously their bet ... their bottom line so, um, just really happy to ... to approve it and uh, and happy that you guys got such support for 10 -year, uh, renewal, so I think that's great! Roll call, please. Passes 5-0; uh... Dilkes: (both talking) I'm sorry! Go ahead. Mims: (laughs) ...with Hayek and Dickens, uh, abstaining for conflict of interest. Karr: Motion to accept correspondence. (several talking) Botchway: So moved. Payne: Second! (laughter, several talking) Mims: We'll say moved by Botchway and seconded by Payne. (laughter) All those in favor say aye. Opposed. Dilkes: I just wanted to get your direction, um, on the final two readings. Do you ... are you interested in collapsing those on December 15th9 Mims: I would be very comfortable collapsing on December 15th. Botchway: I would as well. Payne: Yeah. Throgmorton: Yeah, I don't object. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 24 Karr: Mr. Mayor, uh, if we may could we go back and accept correspondence from, uh, Miss Gravitt and from Mr. Adams on Item #5, please? Botchway: So moved. Payne: Second. Hayek: Moved by Botchway, seconded by Payne. Discussion? All those in favor say aye. Opposed say nay. Motion carries. Karr: Thank you! This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 25 ITEM 7. IMON COMMUNICATIONS LEASE AGREEMENT (SECURE SPACE) — RESOLUTION APPROVING A LEASE OF SECURE SPACE LOCATED IN THE IOWA CITY DATA CENTER TO IMON COMMUNICATIONS, L.L.C. a. PUBLIC HEARING Hayek: This is a public hearing. The hearing is open. (bangs gavel) Hearing is ... closed. (bangs gavel) b. CONSIDER A RESOLUTION Mims: Move the resolution. Botchway: Second. Hayek: Moved by Mims, seconded by Botchway. Discussion? Throgmorton: Do ... do we need to clarify what this really entails? What (both talking) Hayek: I think a staff, uh, explanation would help on this and ... and (several talking) might as well lump 7 (several talking) Fruin: Um, I think it's page 344 of your packet. There's a memo (laughter) I'm sure you guys got to that, uh... but that ... that tries to give a synopsis of the three items in front of you. Um, but to back up a little bit before we get to those three specific items. I think many of you know that we have been talking with a ... a number of, um, service providers who have been evaluating, uh, our market, uh, looking to deploy a fiber infrastructures for businesses and ... and residents and we've been very open, uh... uh, to, uh, having those conversations with ... with just about anybody who was interested. Um, I think you've all in the past received, uh, constituent concerns about the current, uh, level of service that's provided, the reliability of the service, the cost of the service, uh, and um, we've ... for a long time thought that some competition, uh, into the market would ... would help greatly and so, uh, ImOn contacted us about, uh, six to eight months ago and uh, indicated that they too were interested in evaluating our market. Um, we, uh, of course knew a little bit of, uh, background on 'em as they're... they're just up north in the corridor and based in Cedar Rapids, but the ... the more that, uh, we've learned about them and their operations, the more excited that, uh, we've become for them to enter our market. Um, and it takes a ... a lot of...a lot of work for a utility company to do a market analysis and go through the engineering and whatnot, but they've really, really hustled, uh, to try to get down here and, uh, serve the Iowa City market. So in front of you today are ... are three items that will really facilitate their entry, uh, into the market. Uh, the first one is a lease of a small portion of our existing data center in the Plaza Place parking ramp. We are asking, uh... uh, recommending to the Council that, uh, the City lease, uh, to them This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 26 120 -square feet so they can put a ... a small communications hub, um, to ... to facilitate service in the ... in the downtown area. Um, there probably are other options for ImOn to consider but ... but we feel this is the best one. Uh, any other option would ... would likely be to try to find, uh, limited right-of-way, uh... uh, in the downtown and put some, uh, type of hub structure, uh, on .... on a property, which we don't feel is the best, uh, use ... use of ground in the downtown. So, we have extra space, um ... we can, uh, we can afford to ... to lease some of that space and ... and make a little bit of money, uh... um, off rental income. So that's the first item that you're considering and that's what the public hearing is open for. Uh, the next item, uh, would be a similar type of arrangement, but instead of focusing on our data center, focuses on ... it focuses on our existing fiber network, City - owned fiber network, uh, so we have, um .... uh, City -owned fiber that connects public buildings and traffic signals and ... and other equipment, and often times when we build those, uh, we ... we build those with extra capacity, not knowing what our future needs will be. Uh, in ... in the cases, A ... um, before you there's three, um, arrangements that we have discussed with ImOn where we would lease them some of the extra capacity. We don't feel that we'll be needing that extra capacity, uh, certainly any time soon, and uh, again, it will just speed up, um ... ImOn's ability to enter into the market, because they won't have to construct underground infrastructure, uh, in those particular locations. So those are ... those are three areas that, uh, we identified with ImOn, uh, just through cooperative, uh, cooperative planning efforts with them as they looked at our market, and finally the ... the last one is a standard agreement that you've, uh, seen on Council agendas in the past, related to other utility companies. Um, the ... the third agreement is just .... gives them the ability to actually build out their infrastructure network, uh, in our right-of-way. So it allows them onto our property and gives them the right to ... to build out the property. Hayek: Thanks, Geoff. Any questions for Geoff? Dobyns: Geoff, I ... question, um, going forward, what is the extent of this and will this start in the downtown area then move out (mumbled) availability, um, as an option for the citizens? Fruin: I ... I cannot answer that question. We don't really have the, you know, ability to direct the ... the schedule of build -out but Patrice Carroll's the CEO of ImOn and she is here and I'm guessing would ... would be able to answer that question. (several talking and laughing) Carroll: Um, yes, my name is Patrice Carroll and I'm the President and CEO of ImOn Communications. Um, our intent is to start in the downtown area as well as, um, along the river, all the way down to just south of Highway 6. Um, is our first build. Um, we intend over, um ... the next period of time to expand into other parts of Iowa City. Um, and ... you know, it's all kind of success -based. You ... you build, you ... you, um, gain your customer base, and then you expand on that. Um, it will take us approximately five equipment sites to give you, um, a sense, um, This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 27 bringing up, you know, what Geoff has helped us, um, do, gets us one of those equipment sites and we're in the process of, um, acquiring space south of Highway 6 that will be our main, um, equipment site. Um, and then it's just building out, lots and lots and lots of fiber. Payne: So if you build out the whole city, would it be a five-year project, a 10 -year project? Do you have a sense of how long the project would last? Carroll: Yeah, um, it will be between, somewhere between five and 10 years. Um, we've been in business nine years, um, in March, um of 2016. Um, we started operating in Cedar Rapids and have grown into Marion and Hiawatha. Um, one thing I'm adamant about is moving at a pace in which we can be successful in meeting our quality, um, requirements and ... our profitability requirements. So, um, we intend to be in business for a long time and, um ... I want to make sure we don't get out in front of our headlights. Hayek: Thank you! If someone else were to ... if...if other players were to try to come into the market, is there anything that... Markus: It's non-exclusive. Hayek: It's non-exclusive. I think that's important to ... to understand. So ... any further Council discussion? Mims: Are we still in the public hearing? Hayek: Well we're ... we closed it for lack of interest. I'll open it back up (several talking) All right. Uh, you know what, we'll (person speaking from audience) No, we'll open up ... we'll open up each one. Okay? Um, is there anyone here who still wants to speak to Item 7? Okay. Uh, let's complete Council discussion on Item 7 before we vote. Anything else on that? Botchway: Real quick I will say that, um, it just ... really talking with Eleanor I didn't even think about it at the time, um, and then I just text Bethany now so I do apologize if it seemed like I was texting while I was listening as well, but ... Bethany's dad works in sales but I didn't even think about it. I just asked her what the company was and I just don't like how it looks. I mean we hadn't had a conversation about it or anything, but I just... newspaper reports this. I don't want it to .... people to think anything of it, so I'm going to recuse myself (both talking) Hayek: Fair enough! I'm supportive. I ... I know staff, uh... uh, did quite a lot to ... to ... to get this done, um, and ... and there has been, uh... uh, community sentiment in favor of more competition, more choice, um, and I think that's good, and we're using up excess capacity, uh, this is a low-risk situation, I think, for the City. Uh, and the ... the is are dotted, the is are crossed on this, so I'm supportive. Further discussion? Roll call, please. Passes, uh, 6-0; uh, Botchway recusing. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 28 ITEM 8. AGREEMENT WITH IMON COMMUNICATIONS (SHARED USE PROJECTS) - RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A MASTER AGREEMENT FOR SHARED USE PROJECTS BETWEEN THE CITY AND IMON COMMUNICATIONS, LLC, AND AN AMENDMENT PROVIDING FOR THREE SHARED USE PROJECTS. Mims: Move the resolution. Payne: Second. Hayek: Moved by Mims, seconded by Payne. Discussion? Uh, anyone from the audience wishes to address us, now would be the time. Grassley: Good morning, Mayor, Members ... good evening! I'm sorry! (laughs) My clock's a little off here! My name is Lee Grassley. I am the, uh, Regional Manager for Government Relations and Public Affairs for Mediacom, and uh, the current incumbent provider here and urn ... you know, when we get an opportunity when a new, um ... provider comes to town, um, I always like to, uh, take a look at kind of what's going on here, and Patrice, welcome, okay? We're looking forward to competition and ... and Council's absolutely correct. Competition makes you better! And ... and that's... that's the whole of it. You either get better or you get worse. You never stay the same. But, uh, this portion of it, uh... uh....kind of made me wonder, um, a couple things and I have like one, two, three, four, five ... I have six questions and I know they won't be able to be answered tonight, but I'm looking for places, um, for them to be directed, and this has to do with the availability of fiber. Um, a couple of weeks ago my boss, Tom Larson, was in town to, uh, talk with you about community -wide wifi projects and things of that nature, and we were looking to, uh, at that time maybe, uh, piggyback on your .... on your, uh, on your fiber networks and things like that in order to bring, uh, community wifi to various places here in the city and um, to that end, we have just as a little background on us in the state of Iowa we have 185,000 miles of fiber and any time we can get an opportunity to expand our footprint in a community, it...it allows us to ... uh, you know, bring more and better services and uh, to the community and ... building fiber, as Patrice'll tell ya, it's not cheap. Okay? So any time we have an opportunity maybe to lease it, it becomes more financially viable for us to, uh, expand our, uh, plant, uh, to uh... you know, make the plant more efficient and things like that. To that end, I have these questions, uh, about...about City -owned fiber and that's kind of where I'm going with this. Hayek: Let me jump ahead of you here. I ... I, we may or may not be able to provide answers to you (both talking) Grassley: I understand. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 29 Hayek: ... typical ... our format is for people to provide input for the City, and it's hard for us to have a, much of a back -and -forth, but... Grassley: I understand! Hayek: (both talking) Grassley: I just want to make Council aware of (both talking) Hayek: Fair enough! And we'll ... we can try to get you answers from staff afterwards (both talking) Grassley: Here's the thing, I could communicate (coughing, unable to hear speaker) email and get these questions answered, but I want you to know what we're looking at, and we're looking at it .... as, you know, a way to expand our footprint in a ... in an economical manner in order to hold the line on costs with programming and everything going the way it's going. Um, my first question is how much excess fiber capacity does the City have? Okay? And where are they ... where are these fibers located? Um, third ... is the, uh, City's, uh, excess fiber, uh, available for lease by anyone, or is this, uh, going to be, uh, an exclusive deal just for ImOn? Um ... and thirdly, uh, we'd like to know, you know, um, how much, uh, the lease will cost and uh, how are ... how you determine your rates, as far as what you charge, uh, for, uh, leasing excess fiber? Those are my questions, and uh... you know, if somebody would, uh, let me know where I need to send stuff to, um, to get these questions answered, because we are certainly, uh, like I say, wanting to expand our footprint, fiber footprint, here in, uh, in Iowa City and if this is an economical way to do it, uh, then everybody will benefit. Markus: You can send it to the City Clerk's office. Grassley: Send it to Marian? Markus: Yes. Grassley: Okay. Markus: She'll make sure (both talking) Grassley: Marian and I, we get letters back and forth (laughs) Okay. Thank you now. Hayek: Those are fair questions and we'll try to get you some answers. Anyone else from the audience? Knight: Sorry for being a pest is what I was saying! (laughs) Um ... I was just going to say real quick, um, I hope ImOn .... I'm trying to (mumbled) I hope ImOn does come, uh, competition's great and, uh, Mediacom has shown themselves to not be great. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 30 Urn ... so I hope the City can do ... whatever to help ImOn or anyone else who wants to come, just to hurry up and get some competition because as we know, those who don't have access to ... good internet, slow down and you know, we were just talking about small businesses. I'm sure they would love to ... you know, potentially have even better internet or whatever downtown and ... across the rest of the city. Thank you. Hayek: Thank you for your comments. (person speaking from audience) Well ... yeah, I need to be consistent. (person speaking from audience) I need to be consistent. Okay. Uh, anyone else from the audience? Council discussion? Mims: I'm definitely in support of all three of these. We've been talking for a number of years about, urn ... wanting to attract, as Geoff said, um, other providers into the community and getting competition, um, and, um, I have confidence in staff and will obviously get the answers to these questions, but that we're doing it in a way that's ... you know, been open and fair. They've been trying to get people and couldn't and I'm assuming the capacity's been there and nobody's asked for it before, so ... urn ... I'm looking forward to having another opportunity, uh, provider in the community. Hayek: Agreed! Further discussion? Roll call, please. (several talking) Jim, we're taking a vote on Item 8. Um, sorry about that! (several talking) Okay! Passes 6- 0; uh, Botchway recusing. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 31 ITEM 11. WAGE THEFT DISQUALIFICATION FOR CITY BUSINESS - RESOLUTION DISQUALIFYING PERSONS WHO HAVE ADMITTED GUILT OR LIABILITY OR BEEN ADJUDICATED GUILTY OR LIABLE IN ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING OF COMMITTING A REPEATED OR WILLFUL VIOLATION OF THE IOWA WAGE PAYMENT COLLECTION LAW, THE IOWA MINIMUM WAGE ACT, THE FEDERAL FAIR LABOR STANDARDS ACT OR COMPARABLE STATE STATUTES OR LOCAL ORDINANCES FROM ENTERING INTO CONTRACTS WITH THE CITY AND FROM RECEIVING ANY DISCRETIONARY ECONOMIC DEVELOPMENT ASSISTANCE. Mims: Move the resolution. Dickens: Second. Hayek: Moved by Mims, seconded by Dickens. Discussion? Eastham: Thank you, Mr. Mayor. My name is Charlie Eastham, uh, 953 Canton Street in Iowa City. Uh, really want to commend the Council and the, uh, the City Attorney for taking this step, um ... and considering, um, making wage theft a, uh, a reason for disqualifying, uh, persons or entities for ent ... entering into City contracts or receiving, uh, discretionary economic assistance. Um, I just ... three or four points I'd just like to ask the Council .... ask to be considered, when the Council gets to the point of actually adopting an ordinance. Urn .... one, uh, it's not clear to me from reading the material that's presented in the packet that, uh, actual payment of stolen wages is going to be a condition for an entity or a person for having, uh, the ability to get the government contr... or uh City contract or receive discretionary assistance. It may be this ... the City Attorney knows and can correct me on that. The other thing, uh, another point is, uh, the ... the language proposed includes a ... a ... a, talk about willful violations, urn ... again, the City Attorney may have some reassuring, uh, comments on that, uh... my inclination would be to have any violation, whether it's willful or not, since willful may be a little bit difficult to prove. I'm not sure about that. Uh, the other, uh, matter would be whether or not these, uh, a person or an entity would be disqualified (clears throat) if they're using a temporary agency to provide labor, uh, or, uh, people working at their ... uh, business or whatever it is. We've seen a lot of temporary agencies providing, um (clears throat) workers for, uh, hotels, restaurants, that kind of thing, so ... I would hopefully that these ... these provisions would reply ... would apply to an own ... to an owner or person, even though the actual violations may be ... maybe, uh, made by temporary agency. Uh, and the other thing is whether or not the, uh, if...if a, uh, if a person or entity (clears throat) is, uh, found to have violated the ... the relevant wage ... wage ordinance, and to have committed wage theft, and that person or entity has received TIF funding, which is a continuing, um ... uh, form of assistance over some period of time, uh, say they .... say their violation occurred after five years of TIF funding and the TIF This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 32 provisions extend for another I O....five or 10 years, does that mean that the rest of the TIF financing is in jeopardy? I would hope it would be, because I think that gives the entity receiving TIF funding a lot of motivation to make sure that they don't, nobody enga... no one engages in any kind of wa... wage theft for ... for that TIF project. Um, and given the amount of software, um ... uh.... that's available to everyone now, I don't think there's any reason whatsoever for anyone to be engaged in wage theft. So, just hope if we keep those ... issues in mind as we go forward. Thank you. Hayek: Thank you for the comments. Dilkes: Uh, couple clarifications. Um, there ... there isn't going to be an ordinance. The resolution is what you are adopting. So there's not an ordinance to come. I think I explained that in the memo, is that ... this was patterned after the Cook County, um, ordinance, but in Iowa the appropriate, um, form in my view is a resolution because we're not dictating the behavior of third parties essentially like we do with the general law, but rather are saying as matter of City policy we are not going to enter into contracts or provide TIF assistance. So the resolution is the (both talking) Hayek: Okay! Landry: Again, Doyle Landry, Positive Vision Ministries. Being very familiar with what was ... what occurred in, um, Cook County, I simply ask what is ... the ... why the inclusion of the contract, um, entering into contracts of...excess of $25,000 with the City. If you just simply do a Google search, um, there are previous, um, law violators in Cook County that passed numerous contracts of $24,999 and built back up their businesses to find that they were eventually... again, people who are adamant about not paying fair wages find a way to skirt laws that are on the books. So I just want to ask why... because... why in excess of $25,000 because it's possible... Iowa City economic development assistance, there's a way to skirt the law and, um .... put some dents in a well, um, well-timed resolution. So I just wanted to put that out there, because again, being very familiar with what occurred in Cook County, it would be ideal if that was even struck. Meaning, you get cut off from the City completely. Thank you. Dilkes: I can comment on that too. I think I explained in the memo why staff is recommending the $25,000. I would also say that both as a matter of the public bidding law and the state of Iowa, and our purchasing policies, we are very strict about splitting contracts into ... pieces to avoid requirements. I ... I think that's less likely than it is in Cook County. It could be a problem. We can always address it if it is. Hayek: Anyone else from the audience? Okay, Council? This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 33 Payne: When we first started talking about wage theft, I was really naive and thought how could some ... how could an employer not pay what they're supposed to pay? And then through out discussions and stuff, I'm like, okay, I get it, and then I was talking to my sister and ... she is required to work and not be paid for it, even though she's an hourly employee, and that to me is wage theft al ... also. So I'm like there's an issue here. There really, truly is a big issue here! So I ... I think that this ... this is an issue and bigger than ... than what I realized that it was. She doesn't live ... she doesn't work in Iowa City, so it's not an issue here (laughs) but someplace else. Hayek: Got our first enforcement case here! (laughter) Haven't even passed it! (laughs) Botchway: I really just appreciate Eleanor's work on this and I also appreciate, um, CWJ, Misty, for kind of, you know, not only possibly bringing up an issue, voice that, but also, um, presenting some type of workable example or solution that we could look at as far as what we could do in our city. Um, so I ... I'm just excited about it and so, um ... um, not ... well, shouldn't say that! (mumbled) excited about wage theft occurring. I guess I'm just (laughter) excited that we're putting practices in place to make sure it doesn't occur, and um, just excited ... errr... Hayek: Let's just move on. We got it! (laughter) Throgmorton: (mumbled) very happy to see this. Hayek: Further discussion? Roll call, please. Passes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 34 ITEM 12. SNOW EMERGENCY PARKING FEE CHANGE - ORDINANCE AMENDING TITLE 39 "FINANCES, TAXATION, AND FEES", CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES", SECTION 8, "PARKING VIOLATIONS", TO ADD A $50 PENALTY FOR SNOW EMERGENCY PARKING VIOLATION. (SECOND CONSIDERATION) Hayek: This is second consideration. Staff has requested expedited action. Mims: I move that the rule requiring that ordinances must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the second consideration and vote be waived, and that the ordinance be voted on for final passage at this time. Payne: Second. Hayek: Motion to collapse from Mims, seconded by Payne. Discussion? Audience? Council discussion? Throgmorton: I ... I wonder if it would be, um, helpful to have a staff member just kind of remind us all about why we're going to this $50 thing. Markus: Yeah, Mark Rummel's here in the audience. This was a mistake. I think it got dropped from the ordinance. We're just resurrecting it at this point, but ... if you may add. Rummell: Hi, uh, Mark Rummel, Transportation Research Management. Um, we had changed some fee structures a couple years ago and at that time this ... uh, fee of $50 for the snow emergency, um, was ... omitted accidentally. Um, so we're just looking to get it put back on the fee structures. Hayek: Clean up! Rummell: Yeah, just a clean up item. Hayek: Thanks! Further Council discussion? Roll call, please. Mims: Move final consideration at this time. Payne: Second. Hayek: Pass and adopt moved by Mims, seconded by Payne. Discussion? Roll call, please. Passes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 35 ITEM 13. HOUSING CODE - ORDINANCE AMENDING TITLE 17, ENTITLED "BUILDING AND HOUSING," CHAPTER 5, ENTITLED "HOUSING CODE," TO SUPPORT NEIGHBORHOOD STABILIZATION BY PROHIBITING FURNITURE ON ROOFS, ADDING STANDARDS FOR EXTERIOR BUILDING AND FENCE SURFACES, REQUIRING SCREENING OF DUMPSTERS ON MULTI -FAMILY DWELLINGS AND UNDER CERTAIN DECKS/PORCHES, LIMITING THE STORAGE OF LANDSCAPING/CONSTRUCTION MATERIAL, AND REQUIRING GFCI PROTECTED OUTLETS AND CARBON MONOXIDE DETECTORS. (PASS AND ADOPT) Mims: Move adoption. Botchway: Second. Hayek: Moved by Mims, seconded by Botchway. Discussion? First anyone from the audience on this item? Gravitt: My name is Mary Gravitt and I notice that you said screening of dumpsters. What about those dumpsters on Linn Street, the old Library. It looks like it's dumpsters on the sidewalk, even though there's dumpsters ... there's room up the alley for it. Now I've, uh, I've spoken about that before, and this is part of the downtown situa... uh... uh, community. How come he can have those dumpsters on the sidewalk? Now I know with zoning, you get half of the alley ... that, you know, what your property covers, but his ... those dumpsters are almost on the street itself. It doesn't seem like he ever wants to do anything about that lawn. Looks all like a (mumbled) whatever and ... but nobody, or at least the City Council has never done anything with ... about those dumpsters on the sidewalk. So I ... I'm just curious why can he have 'em on the sidewalk? Right here it says you gonna do something about it, but we'll see. Thank you. Hayek: Thank you for your comments. Anyone else? Throgmorton: Matt, I, um, I'm ... looks like Roger wants to say something. Hayek: Yep! Knight: I was just going to say real quick, um, I hope you guys can also add banners. Know we've heard the things about cat -calling, you know, um .... well ... politely way of like 'show us your boobs,' things like that. Um, that shouldn't be allowed in this city, much less in any housing area, and um, loud music. Know, there's kids anywhere in this city, uh, I could probably throw a dime and ... tell you where there's at least 10 kids, which is cool. I'm glad, but ... we need to be able to allow them to do their homework in peace and ... sorry! I just thought that'd be funny This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 36 (laughs) um ... just something to think about, as well, into this ordinance. (mumbled) Hayek: Thank you for the comments. Throgmorton: Matt, I ... I'd like to ask, uh, Stan and Tracy, uh... a question, or at least (both talking) Hayek: Sure! Sure! Throgmorton: They're both very good, and so, anyhow... you... you gave us a memo that, uh, defined various activities, outreach efforts you've made over the last, uh, couple or three weeks, uh, and your efforts to answer questions that have been raised by a few of our residents. I wonder if you could summarize what those outreach efforts have been, and ... maybe give us a ... sort of a broad, uh, stroke kind of, urn ... image of the questions that were asked and how you answered them. Laverman: Sure, so, uh, about three weeks ago we started realizing there was some misconceptions out there and some chatter on social media, on different sites, that the City staff members belong to, uh, on a personal basis, uh... at which point we decided that we needed to address some of those questions that were being, um, asked, um, either through the ... the Facebook sites of different neighborhoods or through the ... the Nextdoor, uh, social media app. So ... uh, working with the City Communications, uh, staff, we developed a web site, urn ... that had all the documents that had been presented to you and to the different, uh... uh, Neighborhood Council organization and also the Greater Iowa City Apartment Owners Association, um, just so there was one concise place where all the information was at. Um, along with that we looked at some of the questions that had come in. Uh....uh, also we had a member of the public come to the Council meeting, uh, lives in Deweyville, uh, and had asked very specific questions, so, uh, wanted to make sure that those questions were answered specifically. Again, we responded back to her. We made sure that she had all the information that was out there, including answering those questions in there. So, urn ... as a highlight, uh, you know, one of the questions was why, why are we doing this. Uh... uh, started out that, you know, it's ... part of it deals with the goals of the strategic plan and what we want to see for our downtown and our University -impact areas. Um ... from there it was also issues that have been raised by, um, neighborhood, uh, associations in the near -downtown area, uh, over the past few years about increased enforcement and issues that they're seeing in their neighborhood. Um, part of what we're looking at is also a policy change in how we enforce in those neighborhoods, that not only will we systematically inspect rental properties but on the exterior properties, in the University -impact areas, specifically Goosetown neighborhood, Northside neighborhoods, College Hill ... College Green neighborhoods that we will systematically inspect the exterior properties to make sure they're in compliance with our housing code. Urn ... first one that we addressed was, uh, there was a question — well don't we have an ordinance about, This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 37 uh, furniture on rooves, and we don't, uh, and it's to a point where, uh, we do need an ordinance about furniture on roofs, unfortunately. All furniture. Um ... you got, uh, we have our ... an ordinance that says you can't have indoor furniture outdoors and, uh, we live in a very educated community. Our students are very educated, and the next thing that we saw was, uh, outdoor lawn chairs on rooves, uh, in certain areas, so obviously they ... they read. (laughter) Um ... will paint color be regulated by this ordinance? No. It will not be regulated. The issue is we're looking for uniform color consistent in complete fashion. Uh, I think we brought a PowerPoint of...of several examples of...of paint schemes that were appropriate and then also where we've seen temporary paint jobs that, uh, would not comply with this, uh, increased enforcement. Uh, the question was raised — who would enforce these standards? Would it be, uh, volunteers or neighborhood, uh, members, but it's not. It'll be City staff, specifically me and a couple of other staff members. How does the City determine when a property needs to be painted? Um, the primary reason we're looking for surfaces to be painted is to protect against decay and deterioration. So as soon as we start seeing paint peel off and chip and, uh, in areas that are visible, uh, we know that we ... we have to work on getting those surfaces painted. Uh, there was a question about do we really need to have dumpsters screened on existing multi -family sites and we really feel that we do, that we do have ordinances that deal with, um ... trash and litter, um, but when those dumpsters are floating out a little bit, that, uh, there's a collection of trash that's able to blow through the neighborhoods and it's ... if we can get those screened in and contained in a little bit better, that it'll improve, uh, our ... our residential areas. Question was asked, who determines when the storage of landscaping and construction ma ... material is a violation? The ... the amendment reads that it...it has to be a substantial interference with the use of the property. Um ... and the permanent storage of trash ... trash bags, landscaping, and construction material, compost material — when it's visible from the street, it is not permitted. Uh, again, City staffll be the ones that enforce that, urn ... you know, and it ... and it has to be over a long-term period, where we're working on that. So if you're ... got a couple week or a month long, you know, landscaping project, we're not gonna be out there hurrying you along. Uh, GFCI protected outlets, carbon monoxide in ... in owner -occupied properties, uh, we'll handle that the same way the ... with the new increased requirements for smoke alarms that we've had since 2008, where ... where you pull a building permit. Uh, that'll be a requirement that those issues are taken care of in owner -occupied, and rental properties, we're in those every two years and we'll handle those during our ... our systematic rental inspections. Uh, there was some confusion of why we were ... the question was asked, uh, why is it being amended to include owner -occupied properties. Uh, the housing code and the housing code has actually always included owner -occupied properties. We were just clarifying that, just because of our change in policy in our University -impact areas of how we are inspecting the exterior properties. Um, there's always a concern with finances, um ... we're working on ... a plan for low to moderate income, uh, and even homeowners up to 140% of median income, uh, where funds will be available, uh, details of that are not finalized. Uh, obviously we're not going to start enforcing some of these exterior items until This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 38 spring, uh, and by the time we start enforcement, we'll have that, um, those programs in place and we'll be able to, urn ... kind of broadcast what we're doing at the same time as we do enforcement. There's a question about fencing. Um ... and there ... the amendments in that we were exceeding what we had, uh, in the past and we looked at it more of a clarification of what we were doing, uh... uh, and just kind of cleaning up the language so it was clear what the expectations were. Um, and there was a question that if...would there be unintended consequences, and uh, would it require or push people to side quicker, and urn ... for us we .... we feel there's a lot of factors that go into, um ... when people decide to side their homes or to paint their homes. Uh, we didn't really feel that the regulation's going to change that. Last question was why haven't we heard about these changes before now and ... um ... we brought it to key groups, uh, usually the Apartment Owners Association is, um .... ones that are a little more vocal on ... when we change the housing code. Uh, when we brought this to their attention they looked at it and regarded it as, um, more clarifications and um .... the, probably the substantial change with the screening of dumpsters, urn ... wasn't a concern at the ... at the meeting we brought it to. Uh, we brought it to the neighborhood association meetings and honestly these are some of the changes that they've been asking for for a long time, so it was readily accepted. That's ... a brief overview. Hayek: Go ahead, Jim! Throgmorton: Uh, so thanks for reaching out to the public to try to make sure they knew what was going on and trying to respond to the questions, uh, well not trying to. Responding to the questions (both talking) Laverman: Sure! Throgmorton:... that were asked, uh, so thank you for doing that. Uh, I want to tell you that, uh, I ... when I read the memo I thought, okay, well I'll go to the web site, the City's web site, and find the responses to questions. So I had to do some digging. You know, it was like three layers down and I have a feeling that if I, uh, didn't know how to do that, I wouldn't have been able to find it. So... Laverman: Sure. So on...on the, the web links that was pushed out to social media, on Twitter, uh, on Facebook to the different neighborhood association Facebook pages, to Nextdoor, had the direct link that took you right to the page (both talking) Throgmorton: Great, yeah, that's what I was wondering about. Laverman: Yeah! Throgmorton: Great! Hayek: Okay! Thanks, Stan. That was very helpful. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 39 Botchway: I had one quick question, just about ... you were talking about the plans that are going to come up, cause nobody's going... necessarily make changes until spring. Are you going to come back before Council to talk about those plans? Laverman: We'll talk about the policy and also present what our financial, uh, plan is for that. Yep. Hayek: Thanks, Stan! Further Council discussion? Mims: I just want to say I am very supportive of this, and I know we've had, um, some concerns expressed by some people in the public and particularly, um, potential financial, um, concerns that they have as they might have to repaint their house or whatever. I think with what we're doing with putting together that financial assistance, um, for people who need it, I think, is a really important part. I think the fact that the initial, uh... inspections basically are in the University -impact area and outside of that it's by complaint, and I think for ... for everybody, you know, including homeowners who may have some concerns about this, you know, if you own your house, you should want the other houses ... you should want your house, but you should also want the other houses in your neighborhood to be well- maintained because that affects your ... the value of your own house, and so, um, you know, we've had discussions with staff and we certainly do not expect, uh, nor do I think we will, uh, support any draconian, um, enforcement measures by our staff. Um, we really want to do this to make the community look better. There are some safety issues, obviously, in this as well, um, but again, it protects everybody in terms of the investment that they have put into their property, and just a final comment — I would say is if people ... find themselves in a situation where they, you know, really don't feel that this is being done the way that we have intended, then obviously get a hold of staff and/or get hold of Council Members and we will come back and readdress it if we need to, but I think it's a good move forward. Payne: Well I ... I think there's such thing as too much government, and we have to weigh that with neighborhood stabilization, and what's best for everyone as a whole. I think this is a ... an example of almost too much government, but neighborhood stabilization is very important. Mims: Especially in that northeast Northside. Hayek: You know I ... I'm ... I'm supportive of this. I, and I think we have a long ways to go before we would get to the point of too much government on something like this. Frankly I think we've been very lax with respect to our expectations of housing, especially in the ... in the rental market, in the ... in the near -campus area where tons of wealth is being extracted every year from, uh ... formerly beautiful homes, some of which are still beautiful. A lot of 'ern are long in the tee ... tooth, um, and a lot of wealth is being made, and not a lot of reinvestment is incurring ... o ... occurring, This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 40 um, you know obviously the (clears throat) the .... the secret to this or the ... the essence of this will be, um, judged by the ... the discretion of staff and the ... and the interpretation of...of...of the ordinance relative to the situation. You know, the ... the house situation, the discretion used by staff, and I have a lot of confidence that staff s gonna, you know, use the right touch, uh, to ... to, uh, to ... to take this up, but you know we ... we have for years as a city been making major investments in the public infrastructure in these neighborhoods, um, you know, parkland, green space, open space, hard infrastructure, uh... uh, and ... and the like, and frankly we've been expecting more of ourselves as ... as .... as a city in terms of our assets in these neighborhoods, and I ... and I think it's appropriate to expect more, um, of privately held assets, um, in particular because in these neighborhoods, so much of the housing stock is rental, um, and we know, all of us know just how, um, lucrative, uh, that can be in a community like this. Um, I ... these are reasonable, um ... uh, standards. Um ... uh, and ... and you know, I .... I think it is appropriate to have some aesthetic expectations of our housing stock, especially as we pour money through our neighborhood stabilization strategic priorities into these places, and the things I've mentioned. The nei... the UniverCity, um ... uh. partnership program, uh, is ... is a ... is a good example, so I think this is good. Uh, we'll see how it plays out. Obviously it'll get tweaked with time. Everything we pass seems to at some point or another, um ... but ... but it's high time we do this and I'm glad to see it come together and I ... I appreciate staffs, uh, work on this. Further discussion? Botchway: I just had a question about some of the comments that were made, especially about the lewd, um, like posters and things. That's not a part of this, but is that gonna kind of come up with our other discussion as we talk about street harassment and things? Dilkes: I think that's on the list and it's being looked at by (both talking) Botchway: Okay! Dilkes: ...PD. Fruin: ...the Police Department's looking into that. That would be outside of what you're considering right now. Dilkes: Yeah. Botchway: All right. And then the other dumpster. Isn't that a part of a multi -family dwelling? Fruin: I'm sorry, what did you say? Botchway: (mumbled) across from the Library, like in that back parking lot, right by the Mason's building, Masonic building I mean. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 41 Fruin: Yeah, that would be private property. I'd have to check with our ... with our staff to see what exactly that problem is. Hayek: Roll call, please. Passes 7-0. Karr: Motion to accept correspondence. Botchway: So moved. Dickens: Second. Hayek: Moved by Botchway, seconded by Dickens. Discussion? All those in favor say aye. Opposed say nay. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 42 ITEM 14. HUMAN RIGHTS ORDINANCE AMENDMENT - ORDINANCE AMENDING TITLE 2 OF THE CITY CODE, ENTITLED "HUMAN RIGHTS," TO ALIGN WITH THE FAIR HOUSING ACT AND TO UPDATE AND CLARIFY ITS GENERAL PROVISIONS. (FIRST CONSIDERATION) Payne: Move first consideration. Mims: Second. Hayek: Moved by Payne, seconded by ... Mims, I think. Discussion? Gravitt: My name is Mary Gravitt and I'm trying to ... to get back to what I wanted to say, uh, before. We were talking about human rights and I'm assuming that bus drivers are human beings, and it was very nice of the transportation company to run the bus back into the Sycamore Mall, but there's .... but I have had complaints from three drivers that ... two of the spaces need to be removed. That was part of the promise, of two of the spaces. I know I'm wasting time on this. Hayek: Well I'm just ask... does... does your comment address Item 14? Gravitt: Yes! As you have human rights, right, and I'm talking about human rights. I'm talking about trying to prevent the City from being sued and somebody from getting killed in Sycamore Mall, and I want to get out of here and get my bus. I got on bus 70 today. Smelled like kerosene. I mailed the letter to the City and they say they'll get back to me in 10 days. So if anybody dies from that, that's on them. But, the two spaces in Sycamore Mall need to be removed, or there's gonna be problems there. That's all I want to say. Thank you. Hayek: Thank you for your comments. Anyone else? Council discussion? Roll call, please. Passes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 43 ITEM 19. CITY COUNCIL INFORMATION Hayek: Kingsley, why don't we start down with you? Botchway: Uh, guess the only thing I was going to say was, uh, it was fun winning, and participating in the, uh, dodgeball tournament put on by (both talking) Throgmorton: Sheer luck! Botchway: .... um ... (laughter) Um, the Iowa City Police Department, um, they did a wonderful job. It was a ... I didn't know it was a first kind of inaugural event and it was kind of well-managed, um, as I would expect from the ... our police department, um, and uh, unfortunately our Iowa City Police Department did lose to North Liberty Police Department, but then we beat the North Liberty Police Department to make sure that Iowa City (mumbled) (laughter) Mims: Competitive! Botchway: Sorry, the point was that we raised $5,000 for, uh, Special Olympics, so apologies (laughter) Hayek: And you've been complaining about your hamstring ever since! (laughs) Throgmorton: Uh, I can't say anything about dodgeball or volleyball or anything, but uh, I'd like to mention that on the 2nd of November I attended a State of Research Address by the University of Iowa's Vice President for Research, Dan Reed, and Dan did a superb job of summarizing the range of outstanding research being conducted by University of Iowa faculty. President Harreld was in the audience along with about 150 or so other faculty members. Uh, I look forward to meeting the new President and trust that he was as impressed as I was by the quality of the work that University of Iowa faculty are doing. It was very impressive! That's it! Mims: Okay! I was there, as well. I know Tom was there, um, it was and his, the way he connected things was very interesting, as well, in a way that I think lots of times a lot of us don't look at, and the value to the whole state and the nation, um, with a lot of the research that's done and how we have to really look at things long-term. So it was ... it was very interesting (both talking) Throgmorton: Can I pick up on that? Mims: Sure! Throgmorton: ... just a second. So a ... after the presentation, you know, there was that meet and greet or whatever outside, and I was talking with another faculty member who said that he is the, uh, the... the... the lead official of EPA's, Environmental This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 44 Protection Agency's Scientific Advisory Committee. So I said, what ... why didn't Dan Reed mention you, and he said well, he probably doesn't even know. So what that told me is there's a huge amount of other research and really high level work that's being done. They can't all be expressed, even in one 45 -minute presentation. Mims: Yeah, it was ... it was very good. Um, I would just like to say congratulations to Jim and the others who, uh, were successful in the election and we'll have a chance to say good-bye to the ones that are leaving as we finish out the year. Um, and otherwise, you know we've ... we've changed those clocks and people be very careful driving home — people on bicycles, make sure you got lights on and reflectors, um, it's dangerous out there if you're going home from work, so be cautious. Dickens: I'd just like to, uh, I dropped some material off to Marian today. It's from, uh, Troop 212, which had built a new suspren ... suspension bridge in, uh, Hickory Hill Park, and they designed it and built it. Uh, they got private funds (mumbled) that's why we got a note back from 'em, but they tried to design it to match the new bridge on ... on Dubuque Street. So it's a mini -replica of a new bridge. It's got the suspension. So if you get a chance to walk through Hickory Hill Park. I know Marian will distribute the pictures. It'll be in the next packet I'm sure, but uh, they did a great job of...of building this and uh, and they repaired quite a few other bridges there, so ... this is what our youth of Iowa City is doing. So, it's great to see! Payne: I just want to remind everybody that tomorrow is Veterans Day and please honor the veterans in your life and in the city of Iowa City. Hayek: (laughter) No voice! (laughs) Uh, three quick things. Uh... uh, first, Jim, you ... you had mentioned President Harreld. Uh, Tom ... Tom and I had a very good meeting with him, uh, the other day, um ... uh... and uh, I want to welcome President Harreld to the community and .... and his wife Mary. Um, my sense is that he, uh... um, has great promise, uh, for the University and for this community. I think he will be an ally to the City, um, and.... certainly there is controversy around the arrival and the ... and the process, but I think we need to give this, uh, man a chance and support him, um, and I think he, uh, could do great things for the University and for the City of Iowa City, and we look forward to a strong partnership, uh, with him going forward. Um, secondly, uh, gotta give a shout out to my old football team, uh, City High made the quarter finals at the state tournament and uh, I still have my t -shirt from back in the day when we, uh, made it to the quarter finals, um ... don't worry! I didn't break any records back in the day, but uh (several talking and laughing) but I'm very proud of the football team and, uh... Dickens: Didn't you used to be Matt Hayek (both talking and laughing) This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 45 Hayek: Yeah, exactly! Um, glad to see them do, uh, do so well. Uh, and congrats to the ... to the coaching staff, and then finally, uh, it ... Veterans Day has come up several times, uh, tonight, as it should. Tomorrow is Veterans Day. We should remember those who have, uh, put on the uniform in ... in defense of our country. Um, the ... the annual Johnson County Military Affairs Association dinner, banquet, uh, is ... is being held. Um, it's been held for, uh, 35 years now. Um, it started in 1981, um, the last few years have been across the border, down at the casino in Riverside. Uh, they made a deal that just couldn't be passed up (laughs) so the Johnson County Military Affairs dinner is in Washington County, but the food is great, uh, and tickets are still available for that. So... This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015. Page 46 ITEM 20. REPORT ON ITEMS FROM CITY STAFF a) City Manager Markus: Matt's probably too, um ... reserved to mention it, but I think the award at that dinner is named after your grandfather? Hayek: Grandfather, yeah. Markus: Grandfather. Uh, I was going to echo what Jim and Susan said about the research, uh, presentation by Dan Reed. I thought it was outstanding. Um ... the one thing I'd point out is that Dan was very candid about the opportunities that we still have to explore that we haven't concentrated on, so he kind of focused our direction there too. And I think he gave us a pretty nice shout out to the City of Iowa City for, uh, the efforts with the University, ICAD, and the ... the city itself, so... Fruin: Nothing. This represents only a reasonably accurate transcription of the Iowa City City Council special formal meeting of November 10, 2015.