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HomeMy WebLinkAbout2022-02-01 TranscriptionPage 1 Council Present: Staff Present: Alter, Bergus, Harmsen, Taylor, Teague, Thomas, Weiner Clow, Fruehling, Fruin, Goers, Havel, Jones, Kilburg, Sitzman, Sovers Teague: This is the City of Iowa City formal work meeting on February 1st, 2021. And I'm calling it to order. Roll call, please. [Roll call.] All right. Welcome everyone that is in person, and also to those that are virtually, we welcome you today. 2.a. Proclamations -- Black History Month Teague: The first item on our agenda is gonna be the proclamation, item number 2, and 2a is proclamation for Black History Month. (reads proclamation) And to receive this is Large Roger Lusala from the Human Rights Commissioner. Lusala: Thank you, sir. I have a few remarks here. Black history is American history. No question, no arguments there. Yes, it's that time of the year where we, as a nation, honor the impact and contribution of African Americans in the United States. It's the time where we teach about Dr. King, George Washington Carver, Frederick Douglas, Rosa Parks, and countless other people that have made this country great. But how genuine is the honor if it only lasts one short month? The accomplishment of Black people does not fit in one month. The fact is Black people have been making great achievements since the beginning of this country and have been part of the creation and the foundation of many things we all hold dear. Black History Month should not just be the time to celebrate African American history or celebrate those that have paved the away for many of us. It should also be the time to challenge our nation to stop teaching Black history as a footnote. We deserve better. Black people continue to make history every day, even here in our own community. Our very own Mayor Teague, my friend, made history as the first openly gay Black man to serve as our mayor. This year, my friend Royceann Porter, from the Board of Supervisors, made history as the first African American chair of the Johnson County Board of Supervisors. I challenge you to commit, using your influence in this room, to push the issue that Black history is American history. And to quote Maya Angelou, won't it be wonderful when Black history and Native American history and Jewish history and Latino history is all U.S. history and taught from one single book. Until that becomes a reality, we will continue to celebrate Black history. Thank you. Teague: Thank you, Commissioner Lusala, for your remarks. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 1, 2022. Page 2 8. Community Comment (items not on the agenda) [UNTIL 7 PM] Teague: We are on to item number 8, which is our public comment time, community comment time, and individuals will be given three minutes to speak. The community period will end at 7:00 PM, unless an extension is needed, for 30 minutes maximum, which we won't need that today. Um, and if someone is wanting to speak, if you're online, if you can raise your hand at this time so that I can acknowledge you. And if you're in the audience, I ask that you sign in where they are at that table. And then please line up so that I can acknowledge you. And we'll start, um, in person here with our first speaker, please state your name and city. Welcome. Campos [via translator]: Good afternoon. My name is Ninoska Campos, I'm from the Excluded Workers Fund of Iowa City. We're very thankful for the $1.5 million that you have brought in aid to the excluded workers, which I think that it is a priority to take care of all the excluded workers, because they were the most affected in the pandemic without having any type of benefit. You approved a mode of distribution of the money to the excluded workers which must be respected. I think that you have to act in a collaborative way and a responsible way. We did not have the same, uh, equality as everybody else. I, I believe that you should work hand in hand with the coalition of excluded workers to ensure that Johnson County meets and respects that accord to distribute and respect that fund that is for the excluded workers. It's not fair to now change it or to already have changed it, the program that has from the beginning been for the excluded workers, and to now name it, uh, to negative impact. It's unacceptable that now, in this process of help, it's gonna be a lottery system where it would be a possibility that people would even have a lower chance of receiving this help. This is for me personally, a way of gambling, where hundreds of people would once again be excluded, when you know that from the beginning, we've been fighting for a fund for the excluded workers. And that was the agreement of the voting, and we wanted to be respected, so that these people can receive with priority the help of any stimulus check. Because it wouldn't be fair if a lottery is implemented. I'm not gonna tell you that Latinos do the hardest work in this country because you already know that. I am here to demand, and to tell you, to remind yourselves of the fight that's been going on since the beginning. where it was a fund for the excluded workers, there was no other name for it. And now you changed the name to negative impact. The pandemic had a negative impact on a world level, but the negative impact here was on the immigrant people. And uh, what's more, you haven't thought about these checks that you're giving to help people are gonna go right back into the development of the economy of Iowa City, because where else do you think people are gonna spend that money? In the same places here in Iowa City in the same shops here in Iowa City. And we're not, we do not agree that you implement the This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 1, 2022. Page 3 lottery. What is that? We have to be a little more serious with people's dignity. What is promised has to be saw through, you know that. Otherwise, in a lottery system, a lot of people will be left out. And if you wanna benefit other people, a third party that has not been part of this fight, you have more than enough money to implement another program, to help other people. What we want is for you to not play with the dignity and the respect of the Hispanic people who have given so much this community and this economy and that's everything. Thank you. Teague: Thank you. And online, I'm gonna call Amel, welcome. And we'll have that followed by Nicholas. Your mic is muted. Ali: Can you guys hear me? Teague: Yes, we can hear you. Ali: Okay. Sorry about that. Um, first and foremost, I just wanna thank Laura and Shawn for their time yesterday at the listening post. Um, I would encourage you guys to have more of these in the future. It was really helpful to be able to engage with Council members, um, and hear what you guys are doing as a council. What you guys are working on behind the scenes, as well as make Council members aware of the current issues some of the constituents have that you may not have even been aware of. Um, Mayor Pro Tem, thank you for being mindful, um, of hearing all of your constituents and wanting to be as transparent as possible, uh, during the discussion about the rules, um, Janice, with all due respect, um, lots of people talking about the same topic means that that said topic is important to your constituents and respectfully, I think that that comment you made during the work session was made in poor taste. I'm glad you're all considering having another work session regarding these council rules. And I'm asking you guys to please consider having listening posts that include the City Manager, the Assistant City Manager, along with the City Attorney present as well. City Attorney, Eric Goers wants to inform the public on the rules, and I don't know if I can figure out how helpful, um, or how that could work because, um, your social media coordinator can't even tweet the right times of the TRC meetings. Uh, they tweet them days after. Um, during the discussion about these rules, you guys talked about intimidation from disruptive commentators, um, but I'm worried about the intimidation of involving police in a public setting, uh, where most of the time the presiding officer is Black, there are undocumented immigrants speaking. Arresting your disruptive constituents is not the answer. You currently have more power in these hybrid meetings. You can mute people, remove them. All of that is better than anything after the first three bullets in Rule 23. Iowa City claims to be a progressive city. Rule 23 is anything but progressive. I'm really worried, embarrassed, and This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 1, 2022. Page 4 hurt by the discussions this Council is having regarding public participation. Please, please involve your constituents in these discussions. And I'm urging you guys to do better, especially regarding Rule 23. And please think hard about what this implies the Council feels about public comment. Thank you so much. Teague: Thank you. Nicholas. Kohn: Oops. Oh, shoot. Um, I just realized I got my link from Nicholas's post, so that's probably why I, I came up as Nicholas. I'm not Nicholas. Um, can you hear me? Teague: Yes. Welcome Taylor. Kohn: Okay. Um, all right. Uh, my name is Taylor Kohn. Um, I just wanted to say, I don't know how you're not embarrassed to say that that December meeting was disrupted. Um, the meeting went longer than it would have if those residents hadn't spoken, but they spoke during designated times within your time limit. Um, reacting to something so mild in this way, because you all look like you can't take the tiniest bit of pushback. All those speakers did at that meeting was advocate for a winter shelter and hybrid meetings. All they did was make you sit here in this room for a while longer. It might have hurt your feelings, but you know that that's part of the job that you do for the public. So those rule changes are unacceptable and it looks very silly that you feel so threatened by your constituents, using the proper channels to engage with you, that you feel like you have to change the rules to prevent it. And I wanna especially point out that the reason people don't talk nice to you is because they feel like you've failed them. They see things that Council could do to help them and their neighbors. And they don't like that you haven't done them. And then they really don't like it if you refuse to do them. So if they already feel that way and you lash out at the public by approving these rule changes that make it harder for them to express that, do you think that things are going to get better? If you actually want your meetings to go more smoothly? If that's actually the goal of this, you would listen to what people want and actually engage with them like the listening post last night, that was honestly relatively, really great compared to Council meetings. It allowed people to actually have a conversation. So thank you to Councilor Bergus and Harmsen for that. Um, if you wanna reduce tension between you and the public, limiting public comment is not the answer, because clearly the problem is that public comment is just an insufficient method for interacting with the public inherently. So don't make it worse. Don't, you know, put restrictions on it. Don't put punishments on it, find other ways to engage that people don't feel like that's the only way they have a chance to be heard. Um, and above all, there must be no punitive measures. There absolutely must not. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 1, 2022. Page 5 You do not want to use Des Moines as a model. I hope you saw the uproar in the media about some of, just, Des Moines City Council's latest actions. Um, I have plenty of differences with several of you on this Council, but I do believe to an extent, most of you want to preserve some kind of healthy relationship with the public and Des Moines has no such desire. They are hostile. They are even violent. They've had paddy wagons and SWAT teams with their council meetings. They've had residents arrested for standing silently in a council chamber. There's a video on the city YouTube channel, because it's a public record, of a police officer slamming a young black woman to the ground because she stood on a chair. It's horrible to watch you absolutely do not want to take even a step in that direction for everyone's sake. And I'll say it. Mayor Bruce Teague. It's, it's clear that you want to arrest people. It is obvious. You've been pushing for this harder than anyone and talking softly and nicely while you do so doesn't make it any better that you're clearly drooling to punish people for having the nerve to inconvenience you. You even admitted that you want to target specific people in the work session, your exact words, where you know this individual, you know, it's their second time up. We all know the events you're referring to. We all know -- Teague: Thank you. Kohn:-- this about specific person, maybe even a couple who made you mad. Teague: Thank you. Kohn: -- recently. So I'm appealing to the rest of you. Teague: Well have the next person come up in inside the chambers. Welcome. Please state your name and city you're from. Cortez [via translator]: Hi, good afternoon. My name is Heydi Cortez and I live here in Iowa City, uh, on this beautiful afternoon that God has given me. I came to talk to you. So I am one of the people that's a roofer. I came to tell you from the bottom of my heart to please, please give us and don't take away the help that you yourselves have offered. There are people who want to, who want to keep us from getting that help, putting a lot of obstacles in front of us. And truthfully, this is a help that us, uh, Hispanics have gained through hard work because no, no matter that pandemic or this icy weather, we've been still fighting, uh, 24 hours and I don't think it's fair for you to put so many, uh, prerequisites to approve this help when you know that this is a help we need, we have bills to pay, we have rent, under this weather there's a lot of us that can't work. We have to buy medicine for our kids when they get sick And I come to ask you from the bottom of my heart to please, uh, look inside your hearts and offer us this help without putting so many obstacles, because This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 1, 2022. Page 6 honestly, a lot of us will not be able to meet this requirements. And I thank you for listening to me this afternoon. And I asked, and I ask you to please think about this. There is a lot of requirements and just like anybody, we, a lot of us don't want to be out in the street. We're single mothers. Uh, we don't rely on anything else. We're waiting on this help and we're not here just so you can look at us. We're here fighting for something we deserve and something that we've truthfully earned, because we've really risked our lives, working hard to be able to do something. And that's all that I have for you. Thank you very much. And I really ask you to look inside your heart and to please support us as Hispanics and don't discriminate against us. We, we've come here only to work. Thank you very much. Teague: Thank you. Now I see Nicholas Theisen's hand still raised online. I'm gonna call Nicholas if he is there followed by Dan Kauble. Welcome. Theisen: Uh, good evening Council. It is the real Nicholas. So thank you. My apologies for whatever happened before. I don't know what that was about. Um, I just wanted to second what, um, everyone has said with regards to what really should be the Excluded Workers' Fund. Um, that's what it was originally conceptualized as, and frankly, the City should be using its $1.S million contribution and the fact of that contribution to honestly push the County into doing what they themselves originally voted for. Um, but more specifically, I wanted to address the, sort of the general tenor in of how Council has addressed the public in recent months. Um, I was actually really heartened yesterday. Um, I was one of the people who participated in the, the City Council listening post with, um, Councilors Harmsen and Bergus. And I want to thank them for, you know, listening to my rambling about housing and whatnot. And this, it was interesting because then the following morning I read the rules changes that you all decided to, or that are still working on and may very well implement. And honestly, it was slightly heartening to hear various members of Council sort of shy away from the idea of punitive measures. But Mayor you particularly seem to have a real hard -on for this that I don't understand. And the way in which you have not only treated members of the public, but other Commissioners, the way you treated the original constituency of the Truth and Reconciliation Commission, its current constituency, the way you've treated people like Noah, the way you've treated people like Taylor, not me for some reason, I guess, because you're frightened of me. But the thing is you literally said in the work session, you know, that individual, you are planning on targeting specific people and you have such a fucking hard -on for punitive measures that you just can't wait to get somebody arrested. And honestly, I can't figure out why, why, what have we done that has upset you so much? Why are you so personally irritated with us that you would want to sic the police on us? Why do you want to drag officers into that room? Hell, maybe even send the cops to our houses This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 1, 2022. Page 7 afterwards. I don't know to I don't, dude, what is the great offense that we committed, upsetting you? Because to be perfectly frank, in the meetings that you all think were disrupted, there was not a single disruption. And I'm really worried about a mayor being given so much latitude who can't even properly run a meeting. You have plenty of parliamentary powers available to you. You could have ruled people not germane. You could have ruled people out of order. At no point did you do that. And so the very fact that you didn't do that meant that every single person who spoke at those meetings was both germane and in order. So I don't want that person to be making unilateral ad hoc decisions about whether or not someone gets fined, whether or not someone gets arrested, whether or not it's a random police officer shows up at their house simply because they decided to speak in public before you. And that's all I have to say. Thank you. Teague: Thank you. Dan, welcome. Kauble: Uh, good evening, my beautiful Council. Um, first regarding excluded workers, uh, shame on the County ARPA team, specifically the snakes, Ray Forsythe and Donna Brooks and shame on the supervisors for shafting excluded workers. There should not be a lottery system. Y'all voted to fund excluded workers. So fund them. Hold your ground, insist that the County use your funds in the manner that y'all voted for the funds to be used in helping the people who helped you get through this pandemic. Now, I'm sorry, but based on your work session, it seems like there's a lot of gray area regarding meeting, meeting protocol. And it it's really concerning because not even, I don't even think our Council right now is a worst case scenario, but I think the sets the stage down the road, if depe-, if different people who are super wild with how they clamp down on dissent are in office, I think it sets the stage for Iowa City to be very much like Des Moines. Um, it, and this allows like this is y'all cramping down on folks making germane comments, criticizing the City, its officials and its employees. The City Attorney says y'all welcome criticism, but not personal attacks. Under the rules proposed, there is too much executive power given to the presiding officer who can subjectively determine something to be slanderous or personal. For example, there are many aspects of my arrest this spring that felt personal, especially regarding my treatment by City Manager Geoff Fruin. He literally gave the cops the thumbs up while I was being handcuffed outside his office. Now this is my lived experience, but it would be extremely easy for the presiding officer to say, Hey, Dan's reality is slanderous, and then shut down my remarks. This kind of thing has been happening in Des Moines where Mayor County has been ruling folks disruptive for making legitimate criticisms about him, councilors, and city staff. Please don't let our city become Des Moines where the mayor and city managers' goons lock up critics. On a related note, folks should be able to bring up the conduct of City employees This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 1, 2022. Page 8 who are not public figures. That fact seemed lost on some of y'all during the work session. To a point made by Councilor Weiner, just because lots of folks show up with similar messages doesn't mean that the City should shorten their time, like with the Excluded Workers' Fund or folks with lived experiences and those experiences need to be held, heard out. Um, I would just like to say, Hey, y'all, let's just all sit down. Let's have a listening post or a conversation with the Mayor, with the Mayor Pro Tem and Councilor Weiner. And I think the City Attorney and City Manager probably should be there too, where we all just sit down, talk to each other, get to know each other. And I think doing that would allow us to move forward in a more informed and just move towards a better resolution to all of these issues. 'Cause y'all are good people. Because I like y'all. I mean, I know y'all probably don't like me, but let's talk about this. Teague: Thank you Kauble: Immunity! Dan Kauble. Teague: Thank you. Anyone else online? I don't see anyone. Anyone else in the -- welcome, come forth, please. Ardon [via translator]: Uh, goodnight, honorable authorities of Johnson County. My name is Kelvin and I live in Iowa City. I am very thankful with all of you for approving this help, but the fight has been going on for a long time with this group that is for the excluded workers. And we just want the original agreement to be respected that you yourselves put in place at the original help. We wanna ask you as a group with all due respect and with full humility to please, uh, consider us as immigrants. And as citizens to this city, we bring a lot to the city and to the county. And this is a group that has been fighting for a long time. We've been trying very hard and we don't deserve for something like this to happen. So we're pleading with you, uh, the ones in charge to please be sure that the word of Johnson County is made, and we ask you not to stop supporting this group of immigrants and anybody that wants to come in because we're here to work, and we're here to add to the community And us as immigrants as a community, we want to be included in your community in the city because, uh, we're always contributing with hard work, with ourselves, with money to the city and to the development of the city. And we want to keep contributing because we consider ourselves a part of this city and a part of this county. We thank you for your support and we hope that you will continue to support us going forward. Good night. Teague: Thank you. Anyone else present want to address a topic that's not on our regular agenda. Welcome. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 1, 2022. Page 9 Ochoa [via translator]: Good night. My name is Jacklyn. I live here in Iowa City. I just really want to ask you to please not make this a lottery. If you do it in that way, a lot of families are gonna be left out of this program. Right now, even though the pandemic has passed, supposedly it's not true. Even me personally, I've had COVID four times, and honestly it's hit me very hard. It's been very difficult. I am a single mother with two children, and if this is done like a lottery, I think even I would be excluded from it. I don't think that I would meet the prerequisites that you would be asking for. And, and I ask you this for my own personal experience. I am without a job, I lost my job due to COVID. I haven't fully recovered to 100%. Up till now, I've been able to have food on my table, but there are a lot of people who have not been able to and just like them, I am waiting and needing this help. And that's all I'm asking for. Don't make this into a lottery and give this help as soon as possible. There are a lot of families that need this urgently. And that's all, that's all I'm asking for. Thank you. Teague: Thank you. Welcome. Angel [via translator]: Hi, goodnight. My name is Leonel Angel. I'm one of the excluded workers of Iowa. I come to you this night or this afternoon to talk to you about the agreement for the help that was agreed on a few months back and that we've been coming time and time again. Uh, we come here every time you meet, and we want you to respect the original agreement that talked about and these decisions that were made without us, or were made a while back. I'm not sure when to tell you. I'm not, I'm not in agreement with the change that you made, changing it from an excluded workers of Iowa to that negative impact. I come here tonight to ask you as a favor or however you want to call it to please not change it. We are the excluded workers of Iowa. And another thing you don't have to bring in a third party or another person into this thing that has to do only with the excluded workers. Tonight, we are all here to ask you to please respect the decision that was made before, and that the help the stimulus be given to the excluded workers fund. So please, uh, don't change it and don't include other people that have not been a part of this fight and that have not been there with us the whole time. Because we've been here fighting, uh, meeting after meeting with you to ask for this stimulus and for this help to the excluded workers. And another thing I don't know if you have come to the agreement to add obstacles and turning this help into a game of chess or a game of a lottery, whatever you want to call it, just to see, like, who might get it. You know very well that not all of us even here present, can meet these, uh, prerequisites that you might ask, uh, because our immigration status might not allow us to. So this afternoon, I really ask you as a favor to please give the stimulus in the name of the excluded workers of Iowa, and don't add, uh, ex-- people, persons who have not been involved or any organization that was not helping us. Thank you This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 1, 2022. Page 10 very much and I hope that you respect the original decision. Thank you very much. Teague: Thank you. Would anyone else like to address a topic that is not on our agenda? Welcome. Petersen: Hello. Hello. My name is Noah. I live in Iowa City and, uh, see, what am I here to talk about, um, well, first and foremost, uh, to, uh, just second here. Solidarity with the exclude workers to like actually have an Excluded Workers' Fund specifically for excluded workers, so the people who were excluded are not excluded once again in the program that was set up because of that exclusion. You cannot like create a program that was set up to like address that exclusion and then exclude the very people you were, like the entire reason it exists, that that, that needs to be fixed. That needs to be addressed. Settled, cleared. It's very clearly not settled right now. That's why this is the fast few meetings have been like this, is not knowing what, like what's actually going to be going on for these people. And then also I'm gonna address your, uh, work session nonsense. Uh, Bruce, this is a personal attack. You are a clown. I don't know why you want to arrest me so badly and others for advocating for a community. I want, I want to know why you want to arrest me so badly. Like what, what, what is it? Is it the fact that I care that my friends were left, were left to elements in which a derecho were coming. I told you had blood on your hands when you did nothing, because you did nothing. And y'all are lucky that you don't have blood on your hands. Because we got lucky that the wind, that the storm did not affect our city badly. It's nothing that you did because y'all didn't do crap. Y'all just sat there in silence and you accepted it. Cause you do not see, apparently you do not see the humanity of the houseless community. If you did see the humanity, you would do something about it. You've had three meetings now about procedures and how, oh, they've been so disruptive. The [mumbled] people are just so disrespectful to us. They disrespects you because you sat on your ass while there was a derecho coming and people had no shelter and the City did nothing about that. You did nothing. You've had zero meetings about that [mumbled] to address how to get housing people, how to shelter people, but you've had three separate meetings in how we can punish people who come here to talk to you and you think that's okay. I, I like, I wanna know like what, what goes on in your heads that says, okay, my priority is being procedure. Gotta make sure everyone's nice and civil, but screw those people who are living on the street, who are left the mental -- elements to literally die. And, but your, your concern is that I don't come here. And I, I know that you don't come here. We, we aren't, we aren't the nicest with the words we use when our little friends are being left out there to die because the City does nothing. While the Police Department can drive around in their tank, they can tear gas us. They can commit war -- war crimes, they get millions This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 1, 2022. Page 11 and millions of dollars a year, year over year over year. Get someone comes to this meeting, demands shelter for people who need shelter. Teague: Thank you. Petersen: -- will have meetings. And you want to arrest people who oppose that -- Teague: Thank you. Petersen: Look into your damn hearts, have some humanity -- Teague: Thank you. Petersen: and address that. Teague: Thank you. Petersen: That's all. Teague: Thank you. Anyone else like to address a topic that is not on the agenda seeing no one, I`m gonna close community comment and we are onto item number 9, which is Planning and Zoning matters. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 1, 2022. Page 12 9.a. Rezoning -- 421 E. Market Street -- Ordinance rezoning approximately 0.13 acres of property located at 421 E. Market Street from Commercial Office (CO -1) to Mixed Use (MU) (REZ21-0010). 1. Public Hearing Teague: 9a is rezoning 421 East Market Street. Councilor Bergus will recuse herself. Rezoning 421 East Market Street is the ordinance rezoning approximately .13 acres of property located at 421 East Market Street from Commercial Office to Mixed Use. And I'm gonna open the public hearing, and I'm gonna start with comments from our staff, followed by, um, questions from Council, and then I will open it up for public discussion after that. Welcome. Sitzman: Good evening, Mayor and Council. Danielle Sitzman, Development Services Coordinator with Neighborhood and Development Services. As the Mayor stated, this is a rezoning application for property located at 421 East Market Street, shown on the slide highlighted in the white boundary. It's generally located on the south side of East Market Street across from Mercy Hospital, which is to its north, and the Mercy Clinics and parking, which are to its east. Um, the owner has requested that the property be rezoned. The building is currently, uh, vacant. It does contain office space on the ground floor with apartment space on the second floor. The requested rezoning would allow the, uh, property owner, the flexibility for the, um, for, uh, renting the first floor also as residential. This shows the current zoning in, uh, two colors here, the highlighted property in black is the subject property. It's currently zoned, uh, CO, Commercial Office, which is the same zoning as property to its north and east, that kind of paleish color. Um, they requested zoning is to a Mixed Use district, which is also adjacent to the subject property to the west and the kind of more rose pink color. Um, both the Commercial Office and Mixed Use, um, zoning designations are intended to buffer, uh, and transition between uses, primarily buffering and transitioning from higher intensity commercial and office uses to residential uses. They're both the same in that way. However, the Mixed Use designation does allow for more residential housing types, as well as I mentioned a ground floor residential occupancy. This table lays out, uh, a little bit of those, uh, allowed uses. It does show on the upper right, the variety of, um, housing types in the Mixed Use district that are absent or would not be allowed in the CO district, but for above Commercial. And the bit of the flip flop between some uses, um, where some are allowed in one district, but not in the other. Overall, this change in use is really, uh, considered by staff to be fairly minor, mostly because the, uh, uses that would be flip flopping and not, um, allowed under the new zoning really aren't present and would not be accepted to be present on this property anyway, due to its small lot size and its location on the inside of a block Also what it would be giving up, which would be a use for hospitals or use for This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 1, 2022. Page 13 clinic space for the hospitals, hasn't really materialized over time as a need in this neighborhood, and therefore removing the property from that type of use would not be a, a great impact. As with most rezonings, or all rezonings, when we review the criteria, there are two main criteria that staff reviews. First one is consistency of the Comprehensive Plan. The second is compatibility with the existing neighborhood. In regards to consistency of the Comprehensive Plan, the prop, subject property, uh, is, um, designated on the, um, future land use plan or the, uh, district plan, the Central District Plan for office and commercial use. The rezoning of the property to Mixed Use allows, like I said, some flexibility to still permit commercial use, but to expand the, uh, ability for housing. This exhibit shows the future land use plan of the copper, of the Central Planning District. And you can see highlighted here in the blue oval the subject property, uh, really just on the boundary between two different types of, of proposed future uses, uh, mixed use and, uh, commercial use as well. Um, as far as compatibility with the existing neighborhood, um, the Mixed Use zoning can be found in this neighborhood, um, type, this structure type is very common in this neighborhood. Overall, it's a very compatible, uh, change in use. Uh, the next steps that I'd like to lay out for y'all, um, uh, includes this rezoning highlighted here, if any major exterior changes or, uh, building construction, in order to take place, the following steps would be handled through staff reviews of either a site plan for changes to the site or building permits for changes to the building. Uh, the applicant did hold a good -neighbor meeting in December, and based on the review of the relevant criteria, staff did recommend approval of the proposed rezoning with no conditions. At its January 5th, uh, meeting by a vote of five to zero, the Planning and Zoning Commission also concurred with staff's opinion and recommended approval with no conditions. Because there are no conditions, there's no CZA, that does not need to be signed. Um, that concludes my staff report and I'm happy to answer questions. Teague: Thank you. Anyone from the public, like to address this topic? If so, please come forth. If you are online, please raise your hand and I'll acknowledge you. Welcome. Stile: Hi, Sandra Stile. I'm representing the client on this one. Uh, Danielle pretty much said it all. So if you have any questions, um, just adding onto a little bit of what Danielle said, um, our client has also suffered or felt the effects of COVID and renting commercial space, which is apparently quite difficult right now. Um, so that's primarily the driver behind this rezoning request, but if anybody has questions. Teague: Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 1, 2022. Page 14 Alter: I actually have one question, sorry. It's a really simple one. And it may have already been raised is, is the client looking to sell right now? Stile: No. Alter: -- they just want to rezone in order to be able to attract additional tenants. Stile: He just wants to be able to attract anybody to rent it out. Alter: Thank you. Stile: Yep. Teague: Great. Anyone from the public like to address this? If you're online, please raise your hand, in person please step to the side and there's a sign in. Seeing no one I'm gonna close the public hearing. Could I get a motion to give first consideration? 2. Consider an Ordinance (First Consideration) Thomas: So moved, Thomas. Harmsen: Second, Harmsen. Teague: Now I wanna make sure, is anyone inclined not to vote in favor of P&Z? Okay. All right. Council discussion. Thomas: This, this seems like a relatively modest change in terms of, uh, zoning. It, it does seem to me that, um, you know, one of the, one of the issues aside from allowing residential use is how does the building, the existing building, uh, relate to the, to the public right-of-way. And it, it has, I think the qualities that I would associate with residential on the ground floor, it's elevated off the, um, the street or sidewalk elevation in a similar way to the residences to the east. And it has a similar setback from the right-of-way. So it's, I think it, at least from the frontage standpoint, it has a, a reasonable relationship to the public right-of-way. On the west, it's, it's bordered by a parking lot, not ideal um, uh, but the apartment building has, further to the west has a similar relationship to that parking area. Uh, but overall I think, um, it, it makes sense to kind of open it up to other uses. And so I'll be approving this. Teague: Hearing no other comments, roll call, please. Motion passes 6-0 with Bergus' recusal, or one recusal. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 1, 2022. Page 15 10. Iowa City Public Works Material Storage Bins -- Resolution approving project manual and estimate of cost for the construction of the Iowa City Public Works Material Storage Bins Project, establishing an amount of bid security to accompany each bid, directing City Clerk to pose notice to bidders, and fixing time and place for receipt of bids. 1. Public Hearing Teague: We're onto item number 10, which is Iowa City Public Works material storage bins. This is a resolution approving project manual and estimate of cost for the construction of the Iowa City Public Works material storage bins project, establishing an amount of bid security to accompany each bid, directing City Clerk to pose notice to bidders and fixing time and place for receipt of bids. I'm gonna open up the public hearing and I'm gonna invite staff followed by any, um, yeah. Staff, welcome. Clow: Good evening. Um, I'm Melissa Clow. I'm Special Projects Administrator with the Engineering Division. Um, I've been working on the material storage bins project for a few years now. Um, the Iowa City Public Works Facility, um, has been looking to expand the salt storage area, um, since 1998, when work began to develop the current Public Works site on Gilbert Street. And since there are new Council members, we thought you'd, we'd step you through the development of the Public Works site, uh, pretty quickly. So in 2000, the Streets Administration building was, uh, first constructed. Um, after that we hired a consultant to look at a programming, a master plan in 2005. At that point, we had the salt storage building, as well as these material storage bins included with the master plan. In 2009, we moved forward with the construction of the salt storage building. Um, originally these bins were included in those plans, but, uh, were not part of the bid package. The warm storage building, fuel facility and exterior washout were added in 2012 through 2015, Um, site, uh, the Animal Shelter was added to the site in 2015 as well. Site master planning, um, with our current consultant occurred between 2015 and 2018. I'll go back to that. Um, and then as you all know, the new Public Works Facility, Phase 1 was started in 2018 and was completed in 2020. So now in 2022, we're looking at finally adding these material storage bins. Um, future phases, as you can see on this slide include Equipment and Transit, Refuse, um, as well as some office space and vehicle storage. As a quick background, um, the exterior material, exterior, exterior material storage that exists on site is not covered, I have a picture there on the bottom slide, and is no longer performing as intended. Um, the original design was included with the salt storage building in 2010. It was included in the Public Works Facility, Phase 1 that was bid in 2018. They were omitted from both of these projects during value engineering efforts, due to budget limitations. The current exterior is made up of a gravity wall system, so, um, This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 1, 2022. Page 16 not typically designed for the use that that we're currently, um, we currently have it set up for. Um, another item to note is that DNR storm water management guidelines require exterior storage of salt and sand to be covered. Our base bid includes one bay of covered storage with an alternate for a second bay. Um, the design also includes, uh, more lighting. As you know, our crews are out there working 24/7 through ice and snow storms. Um, and that's one of the big things I've asked for is more lighting to help them while they're out there working. Um, we've also included storm sewer to address current drainage issues adjacent to the salt storage building and to get water away from this facility. The benefits of a covered storage include, um, the prevention of material loss to rain and snow, keeps material dry and protects it from freezing, um, sand and salt clumps up and makes it difficult to load and spread, and then the flexibility to carry more salt through the summer months if it's not all used in the winter. If it is used, we then have the ability to store topsoil, compost and other materials. The estimated construction cost is $400,000. Um, we're holding the public hearing tonight. We plan for the bid opening to occur on February 23rd with an award date on, uh, March 2nd at that Council meeting. Construction would start, uh, June 6th with final completion at the end of October. Are there any questions? Teague: None, but thank you. Clow: Thank you. Teague: Great. Anyone in the public like to address this topic? If online, please raise your hand. Seeing no one I'm gonna close the public hearing. And can I get a motion to approve please? 2. Consider a Resolution Weiner: So moved, Weiner. Taylor: Second, Taylor. Teague: Council discussion. Alter: I have a -- just, sorry, I do have one question, um, about the, the, the calendar actually. Um, in the last slide it said the bid opening would be February 23rd and then, um, the award would be March 1st. Um, can somebody walk me through, or at least define bid opening? That seems like an incredibly short window of time. If I'm understanding what bid opening means as like, this is when you're putting this forward? This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 1, 2022. Page 17 Clow: Right. Well, we have plans and specifications that we're approving with this motion tonight and then -- Alter: Okay. Clow: -- um, plans and specs will be available to contractors tomorrow. Alter: Okay. Clow: And so then they'll have the next three weeks to look at the plans and we'll open bids from them on February 23rd. Alter: Okay. And so the actual then decision to make the award, based if I'm, I'm walking myself through it, it's also, that has to go lowest bid, if I'm.... Clow: Correct. Alter: There's not a lot to the process once the bid has been.... Clow: Right. Alter: Gotcha. Thank you. I appreciate that. Clow: You're welcome. Teague: Any other questions? All right. Anyone from the public like to address this topic? If online, please raise your hand. Seeing no one I'm gonna close the public hearing. Could I get a motion to approve please? Fruehling: Mayor? We already, already did -- Teague: Oh -- Taylor: -- have a motion. Teague: We already did that. I already closed it. Okay. You -- sorry. All right. I get where we are, Council discussion. Any other discussion, any discussion? Thomas: I don't have any comments other than it was, uh, it was interesting to see kind of the evolution of the, of the yard, Public Works Facility over, over time. Alter: I will say, John, that actually my response, or as I was watching that it was like, wow, it's not merely a facility. It's almost like a mini campus. Um, and I know that area well, and it's been really well maintained and integrated This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 1, 2022. Page 18 along with, you know, things that the public likes to do and by the Animal Shelter. So it's kind of neat how it has evolved, but yet it's not obtrusive and uh, it seems like it makes a lot of sense to have that all centralized. Teague: All right. If no other comments, roll call please. [Roll call vote.] Motion passed, uh, 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 1, 2022. Page 19 11. Utility Easement Conveyance, Lot 37, Park View Terrace Subdivision, Iowa City, Iowa. -- Resolution authorizing the conveyance of a utility easement to MidAmerican Energy Company across Lot 3, Park View Terrace Subdivision, Iowa City, Iowa. 1. Public Hearing Teague: Item number 11 is utility easement conveyance, Lot 37, Park View Terrace Subdivision, Iowa City, Iowa. This is a resolution authorizing the conveyance of a utility easement to MidAmerican Energy Company across Lot 3, Park View Terrace Subdivision, Iowa City, Iowa. I'm gonna open up the public hearing and we will invite Geoff. Fruin: Yeah, we don't have a staff presentation. We can certainly answer questions. This is a fairly routine item, but it does, um, uh, require the hearing. Uh, essentially we're looking at upgrading our electrical line to a lift station that we have, and this is, uh, kind of in the near the, uh, Lower City Park area. Teague: All right. Anyone from the public like to address this topic? If so, please come at this time and raise your hand online. Seeing no one, I'm gonna close the public hearing. Can I get a motion to approve please? 2. Consider a Resolution Bergus: So moved, Bergus. Alter: Second, Alter. Teague: All right. Council discussion...roll call please. [Roll call vote.] Motion passes, 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 1, 2022. Page 20 12. CPRB -- Expand Membership -- Ordinance amending Title 8, entitled "Police Regulations," Section 8, entitled "Community Police Review Board," to increase the composition of the board from five members to seven members. (Pass & Adopt) Teague: Item number 12 is CPRB, expand membership. This is an ordinance amending Title 8, entitled Police Regulations, chapter 8, entitled Community Police Review Board, to increase the composition of the board from five members to seven members. Could I get a motion to pass and adopt? Taylor: So moved, Taylor. Thomas: Second, Thomas. Teague: Anyone from the public like to address this topic? If so, please raise your hand online. And if in, in, in present, please, uh, step to the podium. Online, welcome, Dan. Kauble: Hello? Teague: Hello. Kauble: Hi! Um, my name is Dan Kauble, and I would just like to talk about, um, just CPRBs and just kind of like what we know works with them and what we know doesn't work with them. Now, the point of a CPRB is basically to look at a situation that happens with police in an unbiased manner. Right? So if you have somebody who's worked with police, who's a former police officer, someone who not only is a former police officer, but, um, like worked on the same police department that they're reviewing, you can't trust that person to be unbiased. And because, I mean, it's, it's just unfathomable because they're a part of the same culture that creates the problems that they're gonna be reviewing, right. So I mean it, and not only that, but if they're from the same department, they're gonna be reviewing their former friends. I mean, I, it, it, it's a big conflict of interest. So I think that the Council needs to make sure that there are no former police officers, no people who have been with the, with the Department. So, uh, thank you. Teague: Thank you. Anyone else like to address this topic? If online, please raise your hand. If in pre-, if you're present, please step to the podium. Seeing no one, Council discussion. Taylor: I'm glad that this is, uh, coming true now. Um, and I do like the emphasis on the diverse membership, uh, that's talked about in there, but that's with hopes that, uh, there will be a diversity, uh, in the applicants, that's not This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 1, 2022. Page 21 always for possible, but then, um, in response to that recent caller, this is still just, it's not mandated that it has to be someone, a police officer, it's just suggested and may be appointed is, is the wording. Um, so we have to show good cause why we wouldn't, um, appoint someone who did apply that was perhaps some law enforcement background. Uh, but I think on the other hand, a police perspective might, might be helpful to some of the members on the CPRB, but again, stress that inclusion of the police, uh, professional is not mandated. Alter: I have a few thoughts. Um, when this initially came out as, uh, a recommendation from the CPRB themselves, uh, I had some misgivings and then felt assuaged and felt that my answers, the answers were there, that, that, that had a logic to it, um, about having someone who sort of knows the ins and outs and can help provide some, um, guidance about what guardrails are, um, as well as a, a different perspective. And it's one vote of many. Um, I have to confess that it just, it hasn't sat right with me throughout. So, um, I'm realize I am in the minority here, but I just wanted to put that out that I think that if we look back, not only in terms of any kind of longevity of career or of engagement or activity, um, any one of us, uh, looking back on that, we, we do have a lot of knowledge and experience in a particular way with, whether it's community engagement, our own careers, uh, and I think ultimately it is very difficult to separate out some of those experiences with then issues that may come before you, or before any of us putting ourselves in that role, um, to be able to separate ourselves out fully and truly, and with as few teeth as there are, uh, to a CPRB in this state right now, um, with all respect to my colleagues, uh, this is something that I'm actually not okay with. Teague: All right. Any other comments? Roll call, please. [Roll call vote.] Motion passes 6-1. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 1, 2022. Page 22 14. Downtown SSMID Amendment -- Ordinance amending Title 3, "Finance, Taxation and Fees", Chapter 7, "Iowa City Downtown Self -Supported Municipal Improvement District", Section 4, "Operation Fund" of the City Code to conform to amendments in Iowa Code Chapter 386 regarding multi -residential properties. (Second Consideration) Teague: Item number 14 is downtown SSMID amendment. This is the ordinance amending Title 3, Finance, Taxation and Fees, Chapter 7, Iowa City Downtown Self -Supported Municipal Improvement District, Section 4, Operation Fund of the City Code to conform to the amendments in Iowa Code Chapter 386 regarding multi -residential properties. This is second consideration and staff is requesting expedited action. Taylor: 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. Weiner: Second. Teague: All right. Anyone from the public like to address this topic? Welcome Dan, online. Kauble: Hello? Teague: Hello, welcome. Kauble: Oh, hi. Um, I would just like to say that I think it's really important that we invest in the South District. And I think that a lot of the changes that would go along with the SSMID are good, but I just wanna be mindful of the negative effects that may happen with it along the lines of gentrification and other such things just to be, just ev--, so everybody can kind of keep their eye on that and make sure that does not happen with the changes. Thank you. Teague: Thank you. Anyone else like to address this topic? All right. Seeing no one, Council discussion. Roll call, please. [Roll call vote.] Motion passes 7-0. Can I get a motion to pass and adopt? Thomas: So moved, Thomas. Taylor: Second, Taylor. Teague: Roll call please. [Roll call vote.] Motion passes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 1, 2022. Page 23 15. Assessment Schedule -- Resolution adopting an assessment schedule of unpaid mowing, clean-up of property, snow removal, sidewalk repair and stop box repair charges, and directing the Clerk to certify the same to the Johnson County Treasurer for collection in the same manner as property taxes. Teague: Item number 15, assessment, resolution adopting an assessment schedule of unpaid mowing, clean up of property, snow removal, sidewalk repair and stop box repair charges, and directing the City Clerk to certify the same to the Johnson County Treasurer for collection in the same manner as property taxes. Could I get a motion to approve please? Bergus: So moved, Bergus. Alter: Second, Alter. Teague: Anyone from the public like to address this topic? If so, please step to the podium. If online, please raise your hand. Seeing no one, Council discussion. Taylor: I just had a, a clarification question. Uh, cause I, of course we've seen this on our agenda many times and, but I'd never seen the phrase, um, for the item refuse, special pickup. Uh, I, I know recently I saw that, uh, persons can contact the City to pick up heavy objects like couches and things like that. Is that what that's in relation to? I just had never seen that on our list of assessment schedules before. And there were four of them this time, is that...? Fruehling: No, I believe that that is what it's, it's for, that, you know, they call and have that picked up, and then they're billed for that, that service -- Taylor: And they hadn't paid the bill? Fruehling: Mm-hmm. Taylor: Okay. Thank you. Weiner: Yeah. I mean, I, I've used it, but I pay my bill automatically online, so it was automatically deducted the next time, but not everyone pays their bill automatically. Taylor: Right. Right. Teague: Any other discussion? Roll call please. [Roll call vote.] Motion passes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 1, 2022. Page 24 17. City Council Information Teague: We're at item number 17, which is City Council information. So any, any reports? Weiner: The only thing I'd say is that I know that all the precinct caucuses are this coming Monday evening, um, and encourage people what, what, regardless of your political party, encourage everyone to participate. Harmsen: Probably worth an additional reminder that, uh, if you are a Democrat, you'll be doing it virtually, um, uh, in, in Johnson County. Bergus: I had a couple of items. Um, I think we didn't report on it at the last meeting, but Mayor Pro Tem and I had visited, um, one of the South District, uh, homes that the City had purchased that is being renovated by the cons-- Women's Construction Confidence Course. I might have that name, a little wrong. Um, but it's a collaboration between, uh, Kirkwood, City of Iowa City, um, MMS Consultants, I believe, uh, was supporting it. And we got to speak with the women who were participating in that course, see them in action. Uh, it was demo day, which was pretty exciting, um, but just hearing the, uh, those who were there talking about why they were taking the course and what they were gaining from it was just really, really wonderful. Uh, so I'm grateful that we have that South District homeownership program, so that we have those houses available, and thank you for that collaboration. And then the other thing was, uh, Councilor Harmsen and I had the listening post last night, which was, we agreed it was fun, it was definitely fun. Um, really good discussion with people. I was asking Kellie, I think we had 14 folks, uh, who attended, not all there at once, but, um, that was great turnout, I thought, um, for an event like that, and it was, you know, people could come and go as they wish, but, uh, we had a lot of really excellent discussion, just very open format, kind of free, free flowing and, and, um, yeah, got some really good feedback from people. So Kellie gave us a form with some notes or kind of a format for notes that we can provide to you, so we'll pull something more together, but just wanted to encourage you all to do one cause it's, it's great. Weiner: Really glad we started them up again. Harmsen: Yeah. I would echo that. It was a, it was a really good experience, um, and it was the format for, for a back and forth, uh, kind of conversation. Um, and for people that are tuning in, the listening posts have two Council members, so we can, we can do that because we're not, you know, we don't have, uh, in a, in a formal meeting, we can't do that kind of thing just off the cuff and on whatever topic you wanna talk about because we're a deliberative body. And so the, one of the advantage of listenings posts and having two Council This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 1, 2022. Page 25 members there and only two is that we could do that. That was a form--, that is, that is like the ideal format for that kind of conversational, uh, as opposed to a business meeting, uh, such as this. Thomas: I, I just wanted to mention, and I, I missed the opportunity during our discussion of the information packets, but, uh, the, uh, the minutes on the ad hoc Truth and Reconciliation Commission meeting of January 20th, it was, it's noted that at, um, Ron Wakabayashi spoke and, uh, it was really a moving, uh, presentation. So I would recommend anyone who hasn't seen it that's on the Council or in the public. Uh, I, I thought it was a really, um, really moving and, and, um, comprehensive understanding of, of what happened, uh, during World War II with, uh, you know, Japanese, citizens of the United States who were basically in concentration camps during the war and, um, the movement after that to try to come to some, you know, a concept as to how to issue reparations and reconcile with that experience, it was really very moving experience. Alter: I would just follow up with that as well. Um, that one of the things that was the most amazing to me was that the story itself was the teaching and the demonstration of what truth telling is and about how through narrative and through telling stories, there were these connections made, and it was a story of struggle too, between generations, um, of misgivings and the way in which he was able to tell this story, um, really, I think was incredibly illuminating, but also like really, um, I've had a go -to -goal for a lack of a better way to put it, but I mean, it really showed a path forward of how with patience and determination and a heck of a lot of work, um, you know, people can come together and, and be stronger for it. And so I felt like it was, um, a, a moment where, uh, I felt like the there's a path forward here. And, um, it, it, I just echo what you were saying, John. It was, it was really fantastic. And it was, I feel like, sort of like, you know, first time caller, you know, type of thing, but it was, you know, first time listening, but certainly not the last. Um, I had one other thing, but I didn't wanna step on you. I just wanted to add to what you had -- Thomas: No, I, that was it for me. Taylor: Um, I was able to actually zoom in to the League of Women Voters, their state legislative forum for the local officials here. And, um, it too, it was really, uh, interesting, a lot focused on education. The sort of the, the context was sort of, we've been a week in, what do you think, and what's coming up and it was not very, um, there was a lot of, uh, discouragement, I think, but also a lot of determination. But, uh, one of the things that I thought might be something that, that we could take up, I'll say really briefly, cause I know we can't get into it, but, um, I posed a question about, you know, how, cities in, in this This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 1, 2022. Page 26 backfill that we're feeling, and in fact, one of the legislators said, oddly, there hasn't been a whole lot heard from cities to the state about this situation. So it seems like maybe this is something that we could talk to lobbyists or whatnot about. It seems like there's an opportunity, maybe. Teague: Okay. Any other comments? All right. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of February 1, 2022.