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HomeMy WebLinkAbout2023-08-01 Transcription Page 1 Council Present: Alter,Bergus,Dunn (via Zoom),Harmsen, Taylor, Teague, Thomas Staff Present: From,Kilburg, Goers, Grace,Platz,Knoche,Havel, Sovers,Van Dyke, Nagle-Gamm,Hightshoe, Seydell Johnson,Ford Others Present: LeFevre,USG Liaison 1. Call to Order Teague: It is 6:00 P.M. on August 1,2023, and I'm gonna call the City of Iowa City Meeting to order. Roll call please. (Roll Call) All right,well, welcome to your City Hall to those of you that are in person, and to those that are virtual,hello as well. And we have Councilor Dunn virtual tonight as well, so we can hear you clearly. So welcome to you. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 2 8. Community Comment(items not on the agenda) Teague: We are on to item number 8,which is Community Comment. This is an opportunity for anyone to talk about an item that is not on our agenda. So if you wish to come forth,um, you can sign in at the desk or there are stickers in the back. You will be allowed three minutes,up to three minutes to speak. And we welcome you at this time. And this is your opportunity to speak to Council. We can, Council will not engage in in discussion back- and-forth,but welcome. Perez: My name is Kevin Perez. I live at 161 Columbia Drive. Um, I just uh, I'm gonna share a little bit of history with you about myself because that's what I know. Moved here in 1985. Did go to school. In 1992,my wife and I and my brother opened a business called The Peaceful Fool up in Hall Mall. In the year 2000,we opened One Twenty Six at 126 East Washington. I opened that with Derek and- and Lisa also for...hn sorry, I just scribbled some stuff down here, so I apologize. In- in our course of opening One Twenty Six,we were uh kind of the original, started uh the patio outdoor dining with Alice at the time,but we kind of started the whole thing that's now closing streets and what not. Uh, in 2002, I opened the Monkey House in Sycamore Mall. You lose some and you win some. Uh that was a loss. Uh 2007 we opened Mama's Deli, 2008 we opened Short's Burger and Shine. In 2010,we opened Stella in University Heights. In 2012,we opened Short's on the east side, 2017 we opened Hudson's Southside Tap. In 2019, I opened Short's in Marion. Uh we survived COVID. We have a small farm three miles east of town where we grow a couple thousand,4,000, 5,000 pounds of vegetables that we use at our restaurants. I've paid over $1 million in property taxes. I've hired 1,000-over 1,000 employees. I currently have over 100 employees. The restaurants have raised and donated over $100,000, at least,to a lot of the local uh,mostly out at Eastside and Hudson's,but to local you know, students,usually high-school and younger organizations. I've lived in the same house in Iowa City for 25 years. I coached teams. I- all three of my kids graduated from City High, and I've worked really hard. Last Tuesday the City of Iowa City took my patio off the front of Short's Burger and Shine. Uh they had-this-they did this despite having a notarized signatures from the landlord who was you know, and a completed application and the money. And they unilaterally decided to take the patio away and send back my check. In turn,they hurt my business,they hurt the people that work for me. They've caused way too much stress for me you know, I've got enough things to worry about in my life than whether these guys have taken my patio. But anyway, I know my time is up,but. Teague: Thank you. Perez: Thank you. Teague: Welcome. Ross: That's a really good guy. You should have given him some more minutes. I'm already-hey wait,whoa,whoa,whoa,two minutes and 50 seconds?First of all,yeah you should give This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 3 more time than the three minutes to those who might need a minute or two. That's my suggestion for the Council for today. I would like to read a statement by Harold Pinter, considered the greatest playwright of his generation,who upon accepting the Nobel Prize in 2005, said the-these words. "The United States supported, and in many cases engendered every right wing military dictatorship in the world after the end of the Second World War. I refer to Indonesia, Greece,Uruguay,Brazil, Paraguay,Haiti, Turkey, Philippines, Guatemala,El Salvador, and of course, Chile. The horror the United States inflicted upon Chile in 1973 can never be purged, can never be forgiven. Hundreds of thousands of deaths took place throughout these countries. Did they take place?Are they in all cases attributed to the US policy? The answer is yes they did take place and they are attributable to the United States foreign policy. But you wouldn't know it. It never happened.Nothing ever happened. Even while it was happening, it wasn't happening. It didn't matter. It was of no interest. The crimes of the United States have been systematic, constant,vicious,remorseless. But very few people have actually talked about them. You have to hand it to America. It has exercised a quite clinical manipulation of power worldwide while masquerading as a force for universal good. It's brilliant,witty,highly successful act of hypnosis."Harold Pinter, 2005. Since then I would now add to those conflicts. Yugoslavia, Iraq,Afghanistan,Libya, Syria,Yemen, Somalia, Pakistan. We could also add Rwanda and Congo. And today we can add Ukraine. The US is not helping right now in Ukraine,which is a right wing government that's attacked the east of Ukraine for nine years. And the only way to stop this war is for us to call, write our Congress people and demand, demand that this thing end. This could have ended a year ago,but the US wanted to sell arms. So I'm telling everybody who's listening,please connect with all your politicians that you can. And demand peace,which is what we need. Thank you so much. Teague: Thank you. Anyone else like to. Ross: For the three minutes. Teague: Anyone else like to address a topic that's not on our agenda?Welcome. Perez: Tag, I'm it I guess. My name is Derek Perez. Teague: And what city are you from? Perez: I'm from Iowa City and I live on 2716 Brookside Drive. And I just don't think my brother got through this all, so,um, and I'm not sure how this works. I've never been here before. I don't know why I'm,uh,would have to do this,but I guess I'm here to ask or to add that, um, I guess in general, at what point does,um,the City--and I guess I'm not sure if you guys respond to this or not--but,um, after being in business and,you know,working pretty hard myself,uh, for years and getting through the pandemic and the things, like who-when-who unilate-unilaterally decides to do something like take away an opportunity to-to,um, add to the economy. I mean, I doesn't- doesn't make a whole lot of sense. We've got 20,30,40 people working in all these businesses. My businesses as well This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 4 are fine,but who knows when the City will,uh, combine and take something away from me? I think it's important to know that,uh,when he followed the law, did exactly what he was supposed to do, and then the City comes and takes his patio way and throws it in the dump. I mean,you had to pay for that. And who will you guys just-will you guys respond to this and when you do, I don't know how or when you'd respond to it. Is it-is it just,uh, it says I guess I'm asking- I'm just supposed to speak. Can I get clarification?Are you guys gonna respond? Teague: Yeah.Now you can speak to the Council,but certainly you can follow up with staff and we can also follow up with you. Perez: Okay. Because I would really- I think it's important as-to know if you guys are even aware that this happened,that the City has taken away somebody's property and thrown it in the garbage. I think it's important that somebody should speak to,the City Manager or the Attorney, and find out exactly what happened considering as much work as we've done to,you know, increase the property taxes and increase the revenue that comes into the City and pays the salaries of the people that run the City,that it's important. It's important for us to know that you guys are,uh, looking out for the best interest of the people that do this work. That's what I have to say. Thank you. Teague: Thank you. Anyone else like to address a topic that's not on our agenda? Seeing no one in person or online. I'm going to close the public comment section. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page S 9. Regular Formal Agenda 9.a. Mercer Park and City Park Court Renovation—Resolution approving project manual and estimate of cost for the construction of the Mercer Pak and City Park Court Renovation Project,establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders,and fixing time and place for receipt of bids. Teague: We're gonna go on to item number 9,which is regular formal agenda 9a is Mercer Park and City Park Court Renovation. Resolution approving project manual and estimate of cost for the construction of the Mercer Park and City Park Court Renovation Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for receipt of bids. I'm gonna open the public hearing, and welcome. 1. Public Hearing Seydell Johnson: Hi,Mayor and Council. Juli Seydell-Johnson,Parks and Recreation Director, here to talk to you about this project. Um,the fust thing I just want to mention on this project,you may remember it originally started and also included the baseball fields at Mercer Park. Um,that's been split off from the project for this time,uh,mainly because we're working with the school district on some additional things that they would like to see done at the baseball area. So that part of the project will still happen but will be delayed as a separate bid. So it's only pickleball and tennis courts that we're talking about tonight. The fust one I'll talk about is Mercer Park. You can see right now we have eight pickleball and three tennis. This was just a resurfacing that was done about six years ago. This was at the very start of what became-has become a pickleball craze out there. Um, we didn't know much about what was needed on all the pickleball courts. So some of the things that will change with this renovation--the current courts have a fair amount of cracking and different things happening, so we will be tearing them up down to the subsurface, starting out with a new layer of- of pavement on them. We switched the- around so we'll put the tennis courts to the south and we'll end up with nine pickleball courts. The big thing that changes with this though, is that there's walking aisles between each row of the pickleball courts and they'll now be 10-foot fences in several of the areas. So right now we just have low fences and some other things that have been problematic. This should give them better playing surfaces and a better playing experience.New fences,new windscreens, and we're going to use slats in the fences. The lighting will actually stay the same as what's there. We'll just be able to redirect the lights and reuse those. So is there any questions on the Mercer side before we go to City Park? Harmsen: What's the timing on this? Seydell Johnson: We'll get to that in just a second. Harmsen: Okay. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 6 Seydell Johnson: Okay. City park- six tennis courts there, a lot of tennis use there.Not as much at Mercer, especially now with the City High project that's happened for tennis. But City Park is still very strong in tennis courts. So this project as you can see right now, it's six tennis courts and there's that little tiny basketball area just on the edge of that. This project will rebuild the six courts. We will add pickleball lines to this project,but they'll remain primarily tennis courts with a practice area or practice wall as well. The basketball court rotates and with both projects,we're getting better paved accessibility paths to the actual items. And that's one of the things that the realignment of the basketball court does in this place. So bids are due August 22. We hope to award contracts September 5, and then construction later this fall and early spring. Questions? Teague:None at all. Thank you so much. All right. Anyone from the public like to address this topic? Seeing no one in person or online, I'm gonna close the public hearing. 2. Consider a Resolution Teague: Can I get a motion to approve,please? Harmsen: So moved. Harmsen. Taylor: Second Taylor. Teague: Council discussion. Harmsen: Just a quick. Thank you. I have a teen- at least one teenager in my house who spend- he and his buddies spend 2-3 nights a week out there on the tennis and pickleball courts and they'll be excited to hear about the renovation, so. Alter: I just wanted to say thanks to all of the people who,this was, gosh,within the fust six months of my coming on as an elected,the pickleball clubs in the area invited me out to take a look, and then also really graciously just explained with a huge amount of passion and enthusiasm about the play itself,but then also really what the needs were. And just over time, it went from yeah,yeah,we'll resurface. I'm not saying it dismissively,but from we will resurface to really understanding that this is,um,needs more attention. And so kudos to Parks and Rec,but then also for the advocates who've been in there from the beginning talking about what they needed. So good. Teague: It's a great project. So, thanks to all the staff. All right. Nine, oh no,we're at, so roll- call,please. (Roll Call) Motion passes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 7 9.b. North First Avenue Improvements—Resolution approving project manual and estimate of cost for the construction of the North First Avenue Improvements Project,establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders,and fixing time and place for receipt of bids. Teague: Item number 9b is North First Avenue improvements,resolution approving project manual and estimate of cost for the construction of the North First Avenue Improvements Project, establishing amount of bid security to accompany each bid, directing City Clerk to post notice to bidders, and fixing time and place for a receipt of bids. I'm going to open the public hearing. And welcome. 1. Public Hearing Van Dyke: Yeah. Good evening Council. Marri Van Dyke,Engineering Division. So this project is part of our Pavement Management Program and the project includes pavement removal and replacement on North First Avenue. So we'll be completely reconstructing First Avenue between Stuart Court and Hickory Trail. So that's shown in red in this map. And that's basically the area at the bottom of the hill,north of Rochester and south of Scott Boulevard. So this gives you an idea of what current pavement-pavement conditions look like. So as you can see, it's pretty rough. We looked at doing just a patching project instead of the full reconstruction,but there's so few panels that would be worth saving that we determined that it would make more sense to just go ahead and do the full reconstruction. The project will be split into three phases so that we can maintain access to residents. Each phase should go fairly quickly because there's no major utility improvements with the project. It's mostly just the paving and then some minor storm sewer work. And then we'll also be updating the curb ramps at the Stuart Court intersection so that they are ADA compliant. Schedule for the project is to open bids August 22, award the contract September 5, and then construction would be between September and November this fall. The estimated construction cost is $475,000. That's kind of the brief overview,but I'm happy to answer any questions. Thomas: I- I have a question. Wa-wa-what do you,um,-what do you think is the reason for why the road deteriorated so badly? Van Dyke: So since it's at the bottom of the hill,potentially there could be some drainage issues. We're going to be adding a subdrain along the sides of the road so that should help keep the water away from the pavement. But I'm assuming that's probably the major issue that's causing the deterioration out there. Thomas: Because the rest of First is in pretty good shape. Just this one section. Van Dyke: It's in much better shape,yeah. Thomas: Thanks. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 8 Alter: I have a question about timing. Um,kind of a constellation of questions, I guess. First is that you said it would be done in phases and I saw the different phases so that there'll be access for the residents and those offshoots. Will it be through going for people going north-south? Van Dyke: So the plan this is to do a complete closure for north-south traffic. It's just, so kind of where we're splitting, it's that driveway and then Stuart Court,which is a dead end. Alter: Okay. Van Dyke: So they'll have access either from the north or the south, depending on what phase their in. Alter: Okay. So embarrassing side question. When is Rochester due to be completed? Van Dyke: So they'll be working- I don't know the complete- like the entire completion date. I know that they will not be at the First Avenue intersection until next year,but they'll be working in other,kind of west of First Avenue where they're at right now. Alter: I guess I'm just thinking of sort of like two--that's going to be a mess. Van Dyke: So we wanted to get this project out this year so that we're not overlapping at that specific time where they're going to have closures at the intersection because that would be worse,but I think that we'll have opportunities to kind of, our detour routes won't be overlapping. Alter: Do you have a sense of what the current detour route would be? I'm thinking of folks around Regina. I mean,the amount of traffic that is on there around 8:00 in the morning or just right before to get kids to school at Regina, it goes all the way down to the bottom and that's when it's fully running. So I'm kind of trying to figure out what the detour would be to get them to Regina if also Rochester is closed, even if it's not at that specific intersection, if they can't get up to Regina. Van Dyke: Right. Alter: So I'm just trying to figure out the logistics because that's... Van Dyke: Yeah, I apologize. I should have had a zoomed out map. Alter: It's okay. Van Dyke: But it will largely be Scott Boulevard and then I'm trying to think what's west there. Would it be Dodge?Yeah. Dodge Street and then I guess Muscatine. Alter: And when is Court Street closing? Sorry. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 9 Teague: I guess I want a clarification just to make sure to what you're saying. So Scott Boulevard will be opened between Rochester and Dodge? Is that what I understood you saying? Van Dyke: Yes. We won't have any impact to Scott Boulevard. Alter: Right. Teague: Do they just have to go up and around. From: I know the staff recently met with Regina,has been in contact with Regina. I don't know who is involved in that,but- Sovers: Yeah. So Scott Sovers,Assistant City Engineer. So we did meet with Regina staff, I think the Assistant Principal maybe, and talked through kind of access and we've got it worked out where,you know, even during,um, construction of Rochester,there'll be able to still access off of Rochester east. So from east- on- on Rochester, east of First Avenue they'll still be able to get to that intersection and access Regina. So that doesn't necessarily take care of the traffic that's north. They'll still have that-that would be coming from the north. They'll start to use a detour route to detour around this-this construction area. Alter: So they go to Scott and come in on Rochester from Scott? Sovers: Correct. Yeah. Harmsen: How long is the actual- I know you have a time window,but how long will they actual closure last? Sovers: What do we have in the contract,recall? Van Dyke: Well,we gave them 40 working days. But it should be-. so that's like- Teague: Will you come to the mic,please. Van Dyke: Sorry. It would be three months-ish total for all three phases. Teague: Any other questions for staff? Thank you. Anyone from the public like to address this topic? Seeing no one in person or online, I'm going to close the public hearing. 2. Consider a Resolution Teague: Can I get a motion to approve? Bergus: So moved,Bergus. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 10 Thomas: Second, Thomas. Teague: Council discussion. Taylor: Having just gone through,very close to my neighborhood,the Benton Street reconstruction, I can appreciate this. Because several comments from my neighbors on how nice it is. It really is beautiful, it's smooth.Now they allowed for like one line at a time. It wasn't totally closed and it's not quite finished yet,but it's a very lovely- lovely project. And- and Benton was not nearly as in bad of shape as what those pictures you showed for First Avenue,but they also did,besides a full reconstruction,were some storm- storm sewers and water drainage kinds of things. But it moved along pretty well, but they had pretty good weather. So- so,yeah,this will be a good project. It'll be wonderful. People appreciate it when it's done. Alter: I just have to say that I think this is going to be really rough and we're going to hear a lot about it. I mean we've got, I forgot, on the west side we've got Benton,just we've got the Rochester, Court Street is going to start. I mean,these are all major thoroughfares for school and for work. And I realize that pavement doesn't have its own-you know, it's not going to align it's needs to our calendar per se,but this is just really unfortunate. Harmsen: Yeah. I mean,that's... Alter: I really wish we could get this. Harmsen: One done. Alter: Coordinated better. Harmsen: Yeah. I mean, if Rochester was opened before that was closed, and then like the North Governor coming down over to Dodge or North Governor,then you could pop over to Rochester,but going all the way down like Muscatine and Court Street and then back around. That's,that's going to be, it's going to be a bit tight and absolutely necessary project. I drive along,you know,not probably as often as you do,but quite often. And so yeah, it's in rough shape,needs to be-needs to be fixed and it's good that it'll be fixed right with the substrata that'll keep it from deteriorating again. Um yeah. Bergus: Just a reminder. If people take our free buses,they will detour and then you can read a book or do your email while you're avoiding the roadwork. Fruin: Yeah. Just to remind Council, certainly this is why we come to you. If you're not comfortable with the level of construction that we have and you think that's going to be too much,we can hold off and we can do this at a later date. There's never a good time for it. You know, in the spring,we'll get a lot of complaints about the condition of the road. We'll do our best to patch it. And,uh, and then,you know,there'll be other projects. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 11 It'll be competing with Court Street down the road. As it's planned right now this won't, this won't overlap with Court Street at all. But the east side has seen a tremendous amount of road construction. We just accepted the First Avenue-Scott Boulevard roundabout. But we-we rely on you as- as electred leaders to kind of take that temperature at times. And if we think we're going too fast or we have the- a-a too high a concentration of road projects at any given one time,that-that's your prerogative to say let's hold off on this. Harmsen: Would there be any benefit to next summer when it mean when it's not in school. Um, during that gap. I know you'd said that Rochester,that project will be moving closer to the First Avenue intersection. But what's the kind of pros and cons of looking at. Fruiin: Yeah. I'll have Ron come up or Scott and talk through that. Knoche: Ron Knoche,Public Works Director. The issue at hand is going to be the gap between the two projects and getting folks in and out because we'll be in the intersection of First Avenue and Rochester next year reconstructing that intersection. So we- I mean, it'd- it'd be better to get this project out of the way,that way we can maintain access to the folks in that area. Harmsen: That reconstruction, does that go all the way across the First Avenue intersection on Rochester? Knoche: The,the,the intersection, and so we'll be under construction there and then we'll have the closure to the north. It- it'll- it'll make it more challenging to get folks in and out. Harmsen: Oh, for the people that are living in that, in those neighborhoods. I was going to say otherwise,. Alter: Yeah. Harmsen: Close them at the same time and rip the band-aid off,but I see there's people that are trapped in between. Knoche: Right,their trapped in the middle. Harmsen: Okay. I think I understand that better. Fruin: A reminder of the grid street pattern,the benefits there when you don't have it. Alter: Yeah. Harmsen: Yeah. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 12 Alter: Although there's Hickory what's that new street Hickory that comes out on Scott. It's an outlet. Knoche: That's on the north side of this project. Alter: Yeah. That was going to say it doesn't help in this one. Knoche: It helps those folks,but the folks that are stuck in the middle... Harmsen: Yeah,Bluffwoold. Knoche: Yeah Alter: So and I- I don't like to micromanage honestly,but I'm just concerned. It's- it's not even like the volume of- of construction, it's just these particular projects and the timing of it with school. And so you're projecting-not projecting,your saying,that the-the Rochester First Ave is going to be closed for reconstruction next summer? Can you give an approximation of like what the month would be?What's the plan? Knoche: It'll- it'll take most of sum, I mean take it'll take most of a construction season for us to get to that area. Alter: When is construct,when does construction season start, like,when you can really start doing work? Knoche: April 15 is kind of the beginning of the construction season per se,but I mean, it depends on the weather. Alter: Yeah. Just thinking if there is a way that you could postpone this,well, I don't know. April doesn't help any for school. Harmsen:No. Taylor: I think it's- it's like Geoff said,there's no real good time for it anytime. I mean we continually get comments from the public about the,when you gonna fix these potholes? When you gonna fix these roads? So. Alter: On the flip side,we've got already got one chunk of the east side saying,why can't I access anything?And why don't I have a thoroughway way so, I mean,you're absolutely right. Sorry. I didn't mean to sound submissive. You're totally right. It's one or the other. We're going to get it both ways. It's just this really seems. I know what the concentration level is of people using First Ave to get to Regina or to get south. And so to do that like when there's school is just the part that made me go,whoa, so. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 13 Knoche: And I think the-you know, staff has reached out. I mean there's been some coordination efforts with Regina already in regards to the access, and I think we can continue with the Communications Department and make sure we get that messaging out so folks know you know,where they access points are gonna be at and- and understand kind of where- where they need to go to be able to get there for this, for this fall as we move forward. If we move forward with the project. Fruin: What you can do, I mean, certainly if you want to press pause now,you shouldn't feel bad about that. That's-that's okay. We will bid this and you'll have to accept those bids. And at that time we can come and present to you a more- a more precise estimate on timeline for this project,more information on the detours and the coordination with Regina, and then also be prepared to give you the latest on the Rochester project. We can work with the contractor, I presume,to-to project out the best that we can. And you all know that timelines change with-with weather and all kinds of different variables. But,um, if you're comfortable enough proceeding at this point,we can present you more at the- at the at the award stage,um, if that's of interest. Harmsen: I think that would be helpful. Bergus: I think it stings,but there's never a time when it won't. And I would prefer we get the road repaired and work through on the details as Geoff mentioned. We can look at it more closely if we need to at that point,but I would hate to delay this,you know, even the idea of getting the bids. Alter: But are we in a position to delay once we've gotten a bid? Teague:No. Alter: Right. Teague: Once,well... Alter: Once a bid as awarded then we're... Fruin: Yeah. Alter: ...locked in,right? Fruin: But you have to award the bid. Harmsen: We could not award the bid. Alter: Oh, I see what you're saying. Yeah. Well, I guess I'm going to let folks know that I'm not going to vote in favor of this. And part of the reason for it is, as I've said,my hesitations, but also understanding that I could vote no later on, once actually we've got more skin in This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 14 the game, I- I would feel worse about that. So I guess this is a protest vote, if you will. But, ah, and I recognize,this is not a knock on the department and you're doing,you know, this is, our roads are a major source of contention and frustration. So I know it has to be done and there is no good time. But this one just stings an awful lot given how much volume there is and in spite of talking with Regina,that's-that's my rationale,but, um, I'm not willing to do this at a point where, ah, a bid has already been awarded. So I just wanted to let people know in advance what my logic is for what my vote is-will be. Teague: If no other comments,roll-call,please. (Roll Call) Motion passes 6-1. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 15 9.c. Setting Fines for Criminal Disorderly House Violations—Ordinance amending Title 8,Entitled"Police Regulations," Chapter 5,Entitled "Miscellaneous Offenses," to specify the criminal penalty for disorderly house violations. (First Consideration). Teague: We are on to item number 9c, setting fines for criminal disorderly house violations- Ordinance amending Title 8 entitled Police Regulations, Chapter 5 entitled Miscellaneous Offenses,to specify the criminal penalty for disorderly house violations. This is the fust consideration. 1. Consider an Ordinance (first consideration) Teague: Can I get a motion,please? Alter: So moved to Alter. Thomas: Second Thomas. Teague: Alright. And Eric Goers. Goers: Thank you,Mayor. So some criminal procedure and I'll try not to drag it out--when you get a speeding ticket, it's usually a scheduled fine. And by that I mean,the penalty is set, it's written right in your ticket. If you plead guilty or you're found guilty, it'll be $100 fine plus cost and surcharge,whatever it is. And on the bottom of the ticket,when the officer asks you to sign it,the officer is not asking you to admit to guilt or anything like that. You are signing for an unsecured appearance bond. And what that means is, if you fail to appear for court,judgment will just be entered against you for a little bit of a higher amount,but that would be the end of it.No warrant for your arrest or anything like that. That is not done with unscheduled fines. And again,unscheduled meaning that there's a range of penalties that the,uh,magistrate judge would impose. Those range presently between $105 and $855 plus cost and surcharge. One such unscheduled penalty is for disorderly house, a city charge of disorderly house. There are a number of ways to commit disorderly house,but the vast majority of that we encounter are for loud parties, you know,neighbors are calling and complaining about the party and the noise that's coming from it next door. The problem that we've been encountering has been a ticket will be issued, a trial date will be set, and then the defendant will fail to appear. Well, there is no unsecured appearance bond right now. So what happens as a result is oftentimes a warrant is issued for the arrest of the defendant. You know there's no jail time available, so that seems inappropriate to us, or at least is not the outcome certainly that we're looking for. But it's kind of the only tool in the toolbox left for the judge because,you know,you can't just keep saying please to the defendant and hope that they show up the next time. Because of course now we're again paying the officer overtime pay to show up for a second trial date. If there are civilian witnesses involved,we're having them come back, it's inconvenient for everyone. So by setting,uh, a scheduled fine, and,um,there are different fines for a fust offense, second offense, and a third offense, so that we can still have some of that range. If it's a problematic defendant--and I This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 16 should add that probably 90 or 95% of officer calls too loud party um, calls for service, result in a warning,not a ticket. And so if you're getting a ticket,you've already, it's been pretty egregious or you've been warned and you're still doing it anyway. But we still have,you know, a fust offense, second offense,third offense, so that there's some gradation and the penalty. But if the defendant fails to appear,the judge can just enter unsecured appearance bond.No warrant is issued for the defendant's arrest and it's done. Everyone's moving on. And so that's why we're proposing this ordinance amendment to you to schedule them at fust offense $300, second offense 5 now- $500,third offense $855, and thus avoid any warrant ever having to issue for the arrest of a defendant. I'd be happy to answer any questions you folks have about any of that. Bergus: How many of our scheduled offenses have um- are kind of at this top end of the-the fee schedule. You said 855 is the highest,which is what it would be for the third offense here. Goers: Right. Bergus: Or what other types of offenses? Goers: Well, I'm trying to think so for example. Well, I'm not- I mean,that- that's high. Uh, and again, for a third offense. Obviously,possession of alcohol under the legal age has escalating penalties. Um- I'm trying to recall if the under 21 ordinance has escalating penalties as well, I believe it may. Um,but those are the two that spring to mind. Most of the um, simple misdemeanor charges that we have,we're just mirroring um, a state charge, like speeding, for example. In those situations,we have to adopt whatever the state penalty is. Well, crimes like disorderly house and under 21 and so forth are of our own creation and so we set whatever penalty we want for those. Um, and so there aren't too many where we have any kind of say at all, frankly,but those are the ones that spring to mind where we've got some kind of escalating penalties. Bergus: Do you know how we arrived at the 300, 500, 855? Goers: Well, a fair question. Ah,we- we wanted to make sure we had some progression. And we thought that if you are a defendant and you've gotten to the third offence,you've- I mean for awhile we used to have magistrates who would say,you know, "Boy, on a second offense, I'm going to max out the finen a second because you're not learning",you know. Um, and obviously changing the behavior is what we're looking to achieve here. Um,but no,there's no-there's no magic to those numbers. Those numbers could be anything. Again,between 155, or 105 and 855 because that's the statutory range for a simple misdemeanor in Iowa,but they could be a different number if Council wishes. Bergus: I don't have a specific number in mind,nor am I trying to say these are the wrong numbers. It's just that it is on the high-end and the justification for this change in part was worth saving ourselves some time and energy,right by not having to, for example,have an officer appear for trial repeatedly and that kind of thing. So it- it just struck me as like, This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 17 why, and disorderly house does is not a um, it's typically a offense of,you know,where the those who would be in the position of being victims are,you know,that kind of harm isn't-you know, it's not of a level that might be where we would kind of put that top number for the offense. But I see some skepticism. That's why we're having this conversation. And I know-and I also know this is in the simple misdemeanor realm, and so it's not like there aren't penalties that are higher than this,but just poking at that high- end a little bit. Goers: You're talking about on the third offense? Bergus: Correct. Goers: Yeah. Teague: Any other questions for Eric? Harmsen: Out of curiosity about how many of these do we see in a typical year? Goers: Boy, I don't have that information available and I'm not prosecuting these myself anymore, so I'm afraid I'm not sure. I can certainly get that information for you. Harmsen: It just that it's not critical. Taylor: And these fines would go uh,to the owner of the building. Say it's like an apartment or a house with students in it,but the owner of the home is out-of-state, doesn't even live in the area,but they're-the one that receives the fine and the notice. Goers:No. It would be the possessor,which,you know, in the case of an owner-occupied property would be the owner,but in the case of a landlord-tenant relationship, it would be the tenant because it's them who has that,this is a criminal charge that we're talking about, and so it's the criminal defendant who needs to have permitted the noise, either caused the noise really what happens most of the time,but at least,you know, allowed to exist, are permitted it to take place. And typically they have to be present. Sometimes we have apartments where there's four roommates living there. Two of them are home in Chicago this weekend and these remaining two are there. It's the two who are there who will get the charge,not the two who are gone. Taylor: Thank you. Teague: All right. Seeing no other questions. Anyone from the public like to address this topic? Seeing no one in-person or online. Council discussion? Bergus: I'm just not- I'm not comfortable with the escalation and going all the way to the top. I- I- I guess I'm just kinda take the temperature if people might be willing to lower the numbers or keep it at 300. Um, I understand the intent for deterrence,but-I just. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 18 Harmsen: I think I'm more comfortable with it for a third offense. But I could see if you want an argument to be made for the fust offense being a little lower. But I guess my sympathy drops off. I guess if that's, I mean,kinda to be fair, um,you know,by the third time around. So I don't have a strong feeling about this one way or the other,but that's kinda my fust-my fust blush. I will say I like the idea of removing the necess-necessity of issuing an arrest warrant. Bergus: Absolutely. Yeah. Harmsen: That happens to touch on some of our other goals. So I appreciate that. I definitely appreciate staff bringing this to us,this idea. Teague: I have one question. Will the-the three rates be listed on any given citation? Goers: Well, they wouldn't list all three on the citation because at the time of issuance, it would be-you would determine whether this is a fust offense, second offense, or third offense, and so forth. Usually the officers will just look for calls for service on that address and will realize, oh,wait a minute,we've been here a number of times before,um, and,you know,hey,have you gotten previous tickets?And they can, of course, check quickly,you know,relatively quickly to see and sometimes they miss that. And our office ends up, you know, doing an amendment after the fact from a fust offense to a second offense, for example, if that's what's done. Teague: There-the only reason I asked is because if they- if it was listed,you know,when they got there fust fust offense, like if it was listed like your second offense will be this,your third offense will be this,um, that they're fully aware that if they continue this,you know, that it will be higher. Um, is it possible? Goers: Uh,well, I am aware that some officers will do that for progressive offenses. They will just write both in,handwrite kind of the levels. Um, I think that's sometimes to cover the different unsecured appearance bond,you know, if this is your fust offense, the unsecured appearance bond is X, if this is your second offense then your unsecured appearance bond is Y,that kind of thing. And perhaps for some educational component as well. But otherwise,no. I mean, certainly we could,you know,make sure that police are doing some education um,you know,with folks to say,hey, I'm writing you a ticket tonight. This is for fust offense, disorderly house. Beware second offense is 500, beware third offense is 855, and that kind of thing. Geoff was kind enough to find some statistics about disorderly house citations. Um, some of these are gonna be skewed by the pandemic. For example, in 2021,we issued two. That is not normal. In 19- in 2019 it was 46 it appears, in 2020 it was 29. I think that number already was starting to dip with the pandemic,which, of course, started in March, 2 in 2021, as I mentioned, and 6 in 2022. I would assume that it will go back to a more normal number . For example, in 2016, it looks like there was 182. I don't know that we'll get back to that,but um, I would expect it to go back up,but we're not issuing a ton of these right now. Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 19 Teague: I see Councilor Dunn's hand is up. Dunn: Yeah, Councilor Bergus, I- I am inclined to agree with your stance on this and I'm just wondering if you have any particular numbers in mind. Bergus: I'd go with 105 for the fust. That's the bottom end,right? Goers: That is the bottom end,yes. I think one of the- I'm just recalling one of the um, considerations that went into our decision to, or proposal to set it at 300 and so forth. My memory is that um,being in a bar under 21 is $300. And so when we look at penalties, sometimes we try to, at least the ones that we can control that are not set by the state, kind of try to have some parody or some understanding to make sure that,you know,we kind of balance the offenses and the seriousness to the community and so forth, and make sure that they don't get out of skew. Um, as I mentioned,most of the disorderly house charges are a result of neighbors calling in and complaining. And if the tickets being issued,they've probably been calling repeatedly in order to do so. Whereas people under 21 in a bar,we almost never have complaints about that, it's just officers will go in and a bar check and find someone who's under age. Thomas: I would comment too that, from what you were saying,Eric,the fust time is often a warning. So I mean,the actual citation is probably the second encounter. So there already is a fust one which is sort of there's a grace on the warning. So in that- in that context,the gradation seems to me to be reasonable. Having experienced,you know,being on the other end of this. Alter: I think my concern is that in thinking about sort of the entire culture of the University town, and the fact that in many of these socializing entities,um,have been shut down for, fraternities, sororities, for um,you know, some really,really awful events. And so people are looking more towards houses and apartments for parties, and there's less oversight than at a bar. And so a disorderly house might end up impacting one individual,but there's going to be many people, or maybe only a few,but there will be more people there than not. And at least somewhat,perhaps anecdotally,but also studies have shown that house parties end up, a lot of damage can be done and a lot of tragedies can happen. So I'm kinda of- I am fine with it being perhaps a lesser amount for fust offense,but I do think that actually it needs to be ranked accordingly. And I am taken by what,um, Councilor Thomas said where there's already been probably a police presence saying, knock it off. So I mean, I kind of think that this might be one of those like moments of like,we tried and this is serious, and here's how we feel about this. So,um, I mean, I am okay with lowering it. I- I don't know that I'm okay with the minimum,um, for the fust offense,but I do think the increasing ones should be because that's a pretty problematic, uh, situation. And I just- I think of how much effort across the board over the past 20 odd years since I've lived here,there have been about drinking culture and how can we combat this?And to me saying,well,the fust time is not so big. I get it. When I was in high school, somebody called the cops when my parents were gone,right?But that's not This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 20 exactly what we're talking about here. This is about people who are college students primarily. And there's just too many incidents of no oversight, and bad things happening. So I think that this is something where they should understand that what they have done is not just, er,what-evs- so anyway that's. Harmsen: Throwing an idea out if we wanted to tweak it a little bit. What if we did 2-4-8, double it for each offense? So you start at two, second offense it doubles,you do it again it doubles again. Just also in terms of making the education component perhaps easier or cleaner,rather than like,you know, 855 and,you know,having some non run-round numbers. Again, I'm not strongly,no strong feelings about that,but if- if we're- if we'd like to tweak it a little bit, that might have some simplicity on its side. But again, I don't have a passionate feeling about it. Teague: I honestly can go,um,the 300,400, 855,the 2,4, 8. Um, I think,you know,the-the crux of what we want is for them to feel an impact and for them to, I think if they knew what the progression would be,um, like,this is going to cost you for your second offense and your third offense,then I think that would be um,very adv- advantageous for them. I'm not exactly sure. At least I would,you know,have the-have the citation. I don't know how the citation comes, if it's all handwritten,there is no specific form for like um, disorderly conduct or disorderly house,but that would be helpful if they had some materials, some knowledge of what the next offenses would be, even if there's just asking officers to educate them. But I do think that if- if we can do a higher amount up front, that might,you know, get people to think,you know, a second about it. Um, but like I said, I can go with the three or the two. Um, I think the three,you know, at least the logic that was just mentioned,that's the same amount that a person in the bars under 21 would have to pay. Um, so if we're talking about one person paying that,uh,versus maybe a couple of roommates paying 300, I think I'm comfortable. The more I talk with the 300, the 500, and the 800, 855. Bergus: Just to kind of bring it full circle, as I think about it, I think what I'm uncomfortable with is, I don't necessarily,um,think that there is a good deterrent based on the fine,right? Like when how this plays out,the amount of money probably isn't going to make a difference. I may just follow Mayor Pro Tem's lead and vote,no so you understand why. Um, I definitely am grateful that we are changing it. If it will remain a criminal offense, I'm grateful that we would be changing it so that a,you know,we take out that warrant issuing part. I think having it schedule makes sense. Teague: I do see Councilor Dunn's hand raised again. I'm not sure. Dunn: Yeah. I mean,uh, earlier I just wanted to make a comment. I mean- I think the 2,4, 8 Is- is something that I- I like the idea of so if people wanted to go with that [inaudible]. Taylor: I just have another sort of strange procedural question. Uh,we know Iowa City is a very mobile community,people come and go. So is there a time frame on this? Like one time, two time,within a year,two years or I mean what if it's like one and then two years later, This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 21 and then four years later, is that- would that still be the third offense, or how-how would that play out? Goers: Right. Unlike, let's say uh,tobacco violations,uh,where it's,you know,two within two years,three within three years, four-you know, and so forth,there's no such thing like this,but we find that the age of when someone often gets these is when they're in college. Um, and um, so frankly,we don't see a lot of escalation. I mean,there have been certain circumstances in which we've seen,uh,the same defendant,more frequently the same apartment,but not always the same defendant because as I mentioned, sometimes one is there and the other is not. Um,but they tend to phase out. I mean -yeah, I wouldn't expect to see a lot of escalation. Um, and a couple of other pieces of information. I- I looked up what the escalation is for the under 21. It's $300 for the first offense, $500 for a second offense, and 625 for third and subsequent.Now,that was set in 2011. I believe that the maximum fine in 2011 was 625. I think that's why that number was selected. The other thing I will add is that, it has been a longstanding policy of our office that if the defendant's of criminal disorderly house charges are cooperative with the police officer um,they can, if it is their wish,have the charge,the criminal charge, amended to the civil version of this offense. That carries with it a $750,um,municipal penalty along with court costs,but that is issued to the whole apartment. So, oftentimes that's three or four defendants who are splitting that cost. Um, and of course,would result in no criminal charges on the person's record. But again,they need to be cooperative with the police officer and we check,you know, if they-well, if they were not cooperative with the police officers and made life difficult for both the neighbors who called in and the police officers who responded,then we do not make that offer. Teague: I do think it'd be a multiple,you know, oftentimes it's multiple people paying the fine. Again, I appreciate the 2-4-8. I think it makes a lot of logical sense. Um, I- I can go either way,but I'm comfortable with the 3, 5 and 855. Alter: Does it make sense to- of those of us who are okay with it to, I know that I heard Councilor Dunn, Shawn Harmsen, and yourself I'm okay with the 2,4, 8. Um, I don't know where [Overlapping] Thomas: It's- it's not that much different than what- [Overlapping] Alter:No. Thomas: -was originally proposed. A- as I said, I do think having-you know, living in areas where we do have these incidents,they can be pretty ugly at times. You know,we're not talking about-we're talking about people who often are quite,um quite drunk. And so it can be,you know,just the interfacing with these individuals can be very difficult. Um, and as I said,the-there is that typical just so- so the warning is noted by the police officer, correct? This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 22 Goers: Right. When there's a call for service,the officers respond and- and they,you know, basically report back how it was resolved. And it's- it's- it's typically a warning in the sense that they issue a written warning and hand it to the person. Thomas:No. But do they- do they note that issued a warning- [Overlapping] Goers: Yes. Thomas: -so that the second time around- [Overlapping] Goers: Yes. Thomas: -they would issue the- [Overlapping] Goers: Typically noting not the resident's name,but the address,you know, 123 Happy Street, Apartment 4. And so if a subsequent officer, let's say if there's a shift change or something, subsequent officer is called back to that same apartment. Thomas: Right. It's often a residence or an apartment unit. That's- [Overlapping] Goers: Yes. Thomas: -the issue. Goers: Right. Thomas: Um, so there is that initial one that is given the free pass before anything, citation is issued. So 2,the 2,4, 800, I think it's not-not significantly different than what was proposed. So I'm okay with it. Harmsen: Like I said, I don't feel strongly enough about it. Just throwing it out there as an idea to change it from what it is if somebody [Overlapping] Teague: I guess the question,yeah. I mean, certainly there can be a motion to amend,um, if we have people that feel strongly about it um,maybe they make- can make the motion. Dunn: So moved. Teague: So um, Councilor Dunn just moved for a motion to do the-the fines at 2,4, and 800. Do we have a second?Do we have a second? I don't hear a second, so that motion fails. So the original motion is on the floor at um, 3, 5, and 855. Are we ready for roll call?Roll call,please. (Roll Call) Motion passes 6-1. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 23 9.d.Adding New Fee for Electric Vehicle Charging—Ordinance Amending Title 3, Finances, Taxation and Fees,Chapter 4, Schedule of Fees,Rates, Charges,Bonds, Fines and Penalties, Section 8,Parking to add a new fee for electric vehicle charging. (First Consideration) Teague: Item number 9d is add a new fee for electric vehicle charging. Ordinance amending Title 3, Finances, Taxation and Fees, Chapter 4 Schedule of Fees,Rates, Charges,Bonds, Fines, and Penalties, Section 8,Parking to add a new fee for electric charging vehicles. And this is fust consideration. 1. Consider an Ordinance(first consideration) Teague: Could I get a motion,please? Bergus: So moved,Bergus. Harmsen: Second,Harmsen. Teague: All right. And we're going to have Danielle-Darian, I'm sorry, I don't know why I said Danielle. Darian. Nagle-Gamm: Wrong department. Teague: I know. Come and speak to us. Nagle-Gamm: Good evening Mayor, Council. So the City of Iowa City has been offering electric vehicle charging in public ramps since 2017. So there's been about six years of public charging. Um,Harrison Street Ramp was the first ramp to have public charging. The last one we added was at Tower Place and that was in July of 2020. Once these installations were complete,we now have two electric vehicle charging parking spaces in all of our public parking facilities,which is great. Um, to date,this amenity has been offered at no additional charge. Parking sessions in the spaces designated for EV use are limited to 4 hours only to promote turnover of those two- of those limited spaces we have. And how it works is we have,the chargers are ChargePoint, and that is the manufacturer and brand and they provide the platform for us. Um,they, so customers download a ChargePoint App on their phone. They, on their smartphone app,they use their phone and that app to initiate a charge- charging sessions and ChargePoint users are required to tie a credit card to their app. So even though we don't charge a fee right at the second,um, anybody who has a ChargePoint App in Iowa City does have a credit card attached to,um,their-their ChargePoint App. Um, and also ChargePoint, I should say, is also used across the United States. So it's a place, if you have an electric vehicle,you will find ChargePoint chargers in multiple other locations. In 2019,the State of Iowa passed legislation to recover road use fees that are normally collected by legacy fuel taxes. So this is, of course,we're in this interesting transition where we all know how much funding we need for our roads to maintain them, our bridges. Um, as EV adoption takes off of course,we're limiting the This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 24 amount of funding that comes from gasoline taxes, diesel taxes that actually supply funding to communities such as ours to help repair our roads. So- so the legislature passed-two pieces of-well one piece of legislation with two-two items in it to help compensate for this technological change. They phased in additional annual registration fees for plug-in hybrids and also battery electric,um,vehicles. I keep wanting to say battery electric buses. I'm used to saying that. Battery electric vehicles. Um, and they also included an excise tax,um, of 2.6 cents per kilowatt hour for electric vehicle charging at non-residential locations. So basically,you know in our parking ramps we're sort of functioning as what a gas station would function as with legacy fuel. So we're providing and fuel,we're reselling a fuel to the public. So this excise tax began to apply to the City for all of the fuel that we are selling to the community, or we're providing to the community as of July 1. So the City has four expenses associated with dispensing that electric fuel in our parking ramps. We have, of course, electricity. We have ChargePoint plan fees. We have maintenance costs which have been pretty negligible to this point, so we haven't had a lot of maintenance costs. And then now we have the state excise tax on the electric fuel. So if the City chooses to collect a charging fee through the ChargePoint system,which would be the simplest, easiest,um, and if we choose to recover those costs,ultimately, another expense would be added, a fee amounting to 10%of each transaction. So that's kind of how the ChargePoint system--they collect the fees,they collect the revenue,um,they take 10% and then they, essentially the rest of that moves back into the City coffers--the rest of the 90% of those transactions. So what we did is we evaluated the calendar year 2020 utilization. So we looked at how much electric fuel we use in the year 2022,um, and those expenses related to the provision of charging equipment for community use. And we, doing some analysis,we-we-we indicated basically that a fee of$0.16 per kilowatt hour would be required for us to break-even for all of those,um, expenses. We paid out approximately or expenses added up to about 10- 10,500, I believe is what it was for 2022. So in order to recoup those funds,um,plus a- the new excise tax from the state level, it would result in a $0.16 per kilowatt hour charge. So at this point, staff is recommending that the City established a $0.16 per kilowatt hour fee to recover the excise tax,to recover the ChargePoint fees,the electricity, and then of course,the Cloud fees charged by ChargePoint. Um, a caveat, I will say, the City has seen tremendous growth in EV utilization,we're seeing new users all the time. That's a metric we,that we measure and that's really exciting. But it is reasonable to assume that once these fees are implemented, demand may decrease for drivers that don't have EV, or demand may decrease for drivers that do have EV charging capacity at home. So we expect that we'll start to see an increase in the amount of EV charging from either renters or people who don't have access to a garage and don't have easy access at home for charging equipment. So we plan to continue to monitor the utilization of charging equipment and expenses and periodically reevaluate this fee structure. Um, I don't know if we'll get to the level of gas stations where they can get out there signs in the morning and they change their numbers as fuel prices ebb and flow with every delivery. But we'll certainly be evaluating on a regular basis to see what our-what our expenses are and come back to you all with any further recommendations. And I would be happy to answer any questions you have on this topic. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 25 Harmsen: Out of curiosity um,we've been basically,the City has been eating the cost of the electricity- Nagle-Gamm: Yes. Harmsen: -for this time period?How much of that electricity cost is part of that $0.16. So we know that the excise tax is,uh, for 2.6 cents per kilowatt hour. Um, so of the remaining 13.3 cents, or whatever it would work out to be,how much of that is the electricity? Nagle-Gamm: I don't have that breakout in front of me,but I can get you that information. I can get you a better breakout of all that. It's a good question. We have it calculated, I just didn't include it my memo. Harmsen: I think where I'm going with this is just,yeah. Thank you. I guess I can do it- so I'll save that for discussion. Dunn: Quick question for you. So do you have any information relating to,um,how many kilowatt hours the average day or you know visit is?What is that information? Nagle-Gamm: Yeah. We do have that. I don't have that in front of me either,but that information is,we've got a really great dashboard through ChargePoint and we can-we can,um, calculate very many different variables related to EV charging. It's pretty exciting the amount of information that we have at our fingertips so I could get that information. Dunn: Okay. I'd appreciate it. Thank you. Harmsen: I'm wondering too, I haven't yet made the switch to an electric vehicle. So they're kind of like,this kinda ties into Councilor's Dunn's question. So I think what he's getting at or at least one of the things that would come from the answer to his question, is like,what would it cost somebody to come in and fully charge their vehicle during that four hour time period. But how does that, I mean, so what does that similarly charge if they were to charge at a service station that allows for EV charging. I mean would we be still under that,would we be the same,would be-we'd be more expensive? I just don't have a frame of reference. Do you happen to know? Nagle-Gamm: Yeah, it's a great question. So over a four-hour period we're estimating it would cost approximately $4 for somebody with a full battery electric vehicle to charge. Um, and I don't have,uh, electric vehicle myself. The electric buses are [Overlapping] are a different beast. So I can't use that for comparison. And I'm trying to recall Danny Bissel- I did have this conversation with Danny Bissell who's on our climate team, who does have an electric vehicle and he runs all of our stats and analysis and he keeps tabs on how we're performing from an EV perspective. And my- I can't remember exactly what the comparison would be,but you get a really good charge out of 4 hours. Um, and I'm going to- I'm going to have to defer back to him. Um, I don't think it would be like a full tank of gas,but for a full plug-in hybrid vehicle,but it would be a substantial- it would be a This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 26 substantial charge in that four hours based on the speed with which our chargers charge. So they're charge-they charge faster than your average at-home charging system. Harmsen: Got you. Nagle-Gamm: So from my perspective, I think of even if it got half full- a half full tank of gas now at a gas station,you know is depends on the size [Overlapping] Harmsen:Not $4. Nagle-Gamm:Not even close to $4. Right. So I can't give you an exact comparison,but I have to-my recollection is that it was at least 50%, if not- if not more. I can get more information from Danny Bissell on that piece too,but still a good deal. Alter: I just have a question that's actually from- it's a definitional question. In the memo, it says staff recommends pursuing idle fee charges in the future if compliance with the four-hour parking,that's just if somebody overstays their. Nagle-Gamm: Yes. Alter: Okay. All I had to do is read it out loud and it made sense. Thank you. Nagle-Gamm: Yes it is. That is an option we have in the future. That was one question we had a staff. Is this the time to propose idle fee charges too and some communities have done that to incent people when they're-when they're done charging,they're-there in the space that someone else can't use. Um, although I did find out just today,um, one of our- one of our staff members just bought a new electric vehicle and she said- she had it parked downtown while we were doing the-the fare-free event downtown, and she got a notice on her ChargePoint app that somebody was waiting in line for that particular location. So there's-there's a communication system that helps to notify drivers that someone else is, there is a waitlist for that space. So when you get to your four-hour period, it helps remind you to move along so idle fees may not be necessary,but I wanted to include that as a way that we can potentially avoid people overstaying the time so that we can ensure there's access to the-to more people. Basically, for the limited amount of spaces that we have. Thomas: So these spaces are not used for parking at all. Technically,they're simply charging stations. Nagle-Gamm: Yes. So yes. Thomas: We're losing the parking revenue from these-these stalls. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 27 Nagle-Gamm: There- so our patrons that use our parking facilities will pay for both parking in the facility,the per hourly fee or their permit, if they have a permit, and then they will pay for the electric vehicle charging on top of that. So they'll be two fees. Thomas: They will be paying for parking in that space? Okay. Nagle-Gamm: Yes. Teague: Any other questions? Thank you. Nagle-Gamm: Thank you. Teague: Yes. All right. Anyone from the public who would like to address this topic? Seeing no one in-person or online Council discussion. Bergus: I think it's a good idea to recover our costs. Teague: Yeah. I think it's a great option for people to have the ability to go in and charge up. And if you're there to sitting idol,you know, I think it'd be an incentive to go and move your car so someone else can,uh,reap the benefits of getting some charge as well, so I'm comfortable with it. All right. Roll-call,please.(Roll Call) Motion passses 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 28 9.f. Urban Renewal Plan Amendment—Resolution approving Amendment No. 17 to the City University Project 1 Urban Renewal to add a project to the Urban Renewal Area. Teague: Item 9.f. Urban Renewal Plan Amendment-Resolution approving Amendment No. 17 to the City University Project 1,Urban Renewal Plan to add a project to the Urban Renewal Area. 1. Consider a Resolution Teage: Can I get a motion to approve,please? Alter: So moved Alter. Bergus: Second Bergus. Teague: All right. And we're going to bring up Wendy Ford,Economic Development Coordinator. Ford: Good evening,Mayor, Council. I'm Wendy Ford,Economic Development Coordinator, and tonight you are looking at a resolution to approve amendment No. 17 to the otherwise known as the City University Project 1 Urban Renewal Area,which is known as downtown as well, and the reason for this resolution is because,um, it adds a project to the plan area and that project would be the exterior renovation of the Senior Center. This isn't approving that project at all. This is approving putting the project into the Urban Renewal Plan so that you have the ability per state law to-to consider that. So that project,um, is estimated to be two million dollars and it will completely renovate the exterior of the Senior Center when it goes forward. But again, I should reiterate this is only updating the plan or amending the plan so that you can consider that project in the future. Teague:Now Council, if you have any questions for Wendy Ford,you better get them in because Jul- on August 11th, she's out of here. Ford: I thought I was out tonight. I almost [Overlapping] Teague:No questions for you. Alter: Because it was a very clear presentation. Teague: Thank you. Ford: Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 29 Teague: All right then. Anyone from the public like to address this topic? Seeing no one in- person or online, Council discussion. Roll call,please? (Roll Call) Motion passes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 30 9.g.Hawkeye Smoke and Liquor Tobacco Civil Penalty—Resolution assessing $1500.00 civil penalty and thirty-day retail cigarette permit suspension against Hawkeye Smoke and Liquor. Teague: Item number 9g,Hawkeye Smoke and Liquor Tobacco Civil Penalty. Resolution assessing $1,500 civil penalty in 30-day retail cigarette permit suspension against Hawkeye Smoke and Liquor. 1. Consider a Resolution: Teague: Can I get a motion to approve please? Alter: So moved Alter. Bergus: Second Bergus. Teague: All right. And we do have to amend the resolution. Goers: That's correct Mr. Mayor. As I mentioned in,uh,the item clarification section of the Work Session meeting,uh,the proprietor here sent in their waiver of a hearing and,uh, acceptance of the penalty at around,uh, shortly before noon today. And so apologies for the late,uh, change,but that's why,uh, so I would enter or ask,uh, a Council member to make a motion to substitute the resolution that you've received in,uh,your late handout materials for the one that was included in your packet originally and if that amendment is approved,then you can vote on the underlying motion of the imposition and acceptance. Teague: What he just said can I? Harmsen: So moved . Teague: All right. Alter: Second Alter. Teague: Okay. Any,um, so moved and seconded. All in favor say aye. (Voice Vote). Aye. Any oppose?Motion passes 7-0. Any questions to- for our City Attorney from the Council? No. Anyone from the public who would like to address this topic? Seeing no one in person or online. Council discussion. Roll call,please? (Roll Call). Motion passes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 31 10. Council Appointments 10.a.Ad Hoc Truth and Reconciliation Commission—Two vacancies to fill an unexpired term,upon appointment to December 31,2024. (Mohamed Traore and Kevo Rivera resigned) Teague: Item number 10 is Council Appointments. We have four appointments-four different commissions or trustees that we're going to be appointing today. So we're going to go through each one individually,but at the end we'll do a collective one vote.All right, so we'll start with 10a,Ad Hoc Truth & Reconciliation Commission. There are two vacancies and they're both with male requirements,um, and they will be,uh, filled upon the expired term,which is now,uh,through appointment date to December 31, 2024. So who would like to make a motion to appoint someone? Bergus: I have a couple of recommendations. I would nominate Emmanuel Nakihinga and Chad Simmons. Alter: I would also add,um,Louis Tassinary- Tassinary as a consideration. Taylor: I agree with,uh, Chad Simmons and Louis Tassinary. Teague: I agree with,uh, Chad Simmons and Louis Tassinary as well. I think we-we should say that there are some great applicants,um, especially you know,the male applicants that we have to look at. Um,Emmanuel, I thought they had a great application as well,um, I like the,um,the great energy, I would say,um,but I- I will,uh,promote Chad and Louis. Dunn: I would-uh, I would agree with that as well. Hamsen: Yes, I agree with those sentiments as all- all of the above, in- including thank you to all the people that applied and some great- some great,uh, some great applications there. I can certainly understand why Councilor Bergus,uh,named Emmanuel in her-her list, but it sounds like the Chad and- and Louis is kind of the consensus that's developing and I'm okay with that because they're also good candidates. Teague: So it looks like we have a majority, if I'm counting correctly,uh, for the appointment of Chad Simmons and Louis Tassinary, if that's correct. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 32 10.b.Parks & Recreation Commission—One vacancy to fill an unexpired term, upon appointment—December 31,2023. (Pending vacancy for Boniface Penandjo Lemoupa) Teague: We'll go on to the next commission,which is going to be Parks and Recreation Commission. We have one male requirement. Alter: I was impressed by Alex Stanton. Bergus: I agree with that nomination. Teague: Yeah. I can agree. Harmsen: Yeah. Again, some other good candidates too,you know,was- for me, it was between Alex,uh, and Alan and Jordan were the three that jumped out at me. Teague: Sure. Harmsen: Among good- a good candidates. Teague: Any other names or any other supports for any other candidates?Right now we have three for Alex and then just single for others. Thomas: Gene Chrischilles. I appreciated his describing himself as a clear thinker, cooperatively finding solutions and- and improvements. Dunn: I would support Gene as well. Harmsen: And I think I can be okay with Alex. Teague: So we have three for Alex,two for Gene as of now. Taylor: I- I think both of those are good,they are all good. Um, Gene I liked because he has served on boards before, so he has an understanding of- of the process,uh, and Alex is good. But he did say that the Library Board was his fust choice rather than Parks and Rec. So in that case I- I would go with Gene. Teague: So we have-now Laura,have you down for Alex, Is that correct? Bergus: Yeah. Teague: Okay. So we have three for Alex,three for Gene. Thomas: Who hasn't? This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 33 Teague: Is you. Alter: Oh,me? I nominated- I put forward Alex. Teague: Are you- oh,then- [Overlapping] Alter: I did put forward. Teague: -then we have four. Alter: Oh, okay. Teague: Yes. So Alex Stanton. Alter:...I wasn't doing my job. Teague: Well, I'm so sorry. Alter:No-no-no. Teague: All right. Alex Stanton will be appointed for,um,Parks and Ree. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 34 10.c.Planning& Zoning Commission—One vacancy to rill an unexpired term, upon appointment—July 30,2026. (Michael Marut resigned) Teague: And then we're going on to 10.c which is Planning and Zoning Commission. One vacancy to fill an unexpired term upon appointment through July 30, 2026. This is one male requirement as well. Bergus: I would nominate Scott Quellhorst. Dunn: I would go with that as well. Harmsen: Yeah. That would have been the one. Alter: I would- I would support that. Teague: All right. I can go there as well. So, um, I think that's majority. So Scott Quellhorst. Okay. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 35 10.d.Library Board of Trustees—Consider a recommendation from Johnson County Board of Supervisors to reappoint Robin Paetzold as the ounty representative,July 1,2023—June 30,2029. (Term expired for Robin Paetzold). See correspondence included in Council Packet. Teague: And then we're gonna move on to 10.d. Li-Library Board of Trustees. Consider a recommendation from Johnson County Board of Supervisors to appoint Robin Paetzold as the County representative,July 1, 2023 through June 30, 2029. And Council discussion. Bergus: Sounds good to me. Teague: Sounds good to me. Teague: All right- all right. So I am going to go back up and we'll start with, um. Can I get a motion to approve for the Ad Hoe Truth and Reconciliation Commission, Chad Simmons and Louis Tassinary, and then for the Parks and Recreation Commission Alex Stanton, for the Planning and Zoning Commission, Scott Quellhorst, and then for the Library Board of Trustees,Robin Paetzold. Dunn: So moved. Teague: Moved by Dunn. Alter: Second,Alter. Teague: Seconded by Alter. All in favor say aye. (Voice Vote)Aye. Any oppose?Motion passes 7-0. And then could I get-um, could accept correspondence for the Library Board of Trustees? Taylor: So moved Taylor. Bergus: Second Bergus. Teague: All in favor say aye. (Voice Vote). Aye. Any oppose?. Motion passes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 36 13. City Council Information Teague: Item number 13 is City Council information. Bergus: I don't want to steal anyone's thunder,but we made our buses free today. So that I think is the most exciting thing that that we could talk about. Alter: Yes. Teague: On the fust. Yeah. Bergus: So thank you. Huge thank you to staff for making that happen,making it happen quickly. And really-really-really want to say thank you for all the communication that I'm seeing about it. Like we are blitzing the media and social media and,um,really impressive and grateful to know that we can do that and push it out that way. Don't let up. Now-now's the time ride the bus. Teague: Yes-yes. This is good. Hearing no other,no other updates. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023. Page 37 14.Report on Items from City Staff Teague: We're gonna go to our City Manager's Office,um,which is item number 14,Reports from City Staff. Fruin: Well,um, RAGBRAI 50 just came through. Teague:Nice. Fruin: That was certainly exciting. Big kudos to the City of Coralville, Think Iowa City and of course our staff too for managing the-the-the riders that came through,uh,despite some challenging circumstances, especially as they,uh,uh, overnighted in Coralville. Um, another anniversary is 40 years of National Night Out that's taking place tonight right now. Bergus: That's great. Fruin: Um, we are now at three locations. We had four locations in total,but one has closed down. Uh, so for another half-hour,um, our Police and Fire Departments will be out in the neighborhoods,uh,building some relationships and having some good conversations with our residents. So,uh,uh, thanks to those staff members that are putting in the time planning,uh,those events. That's it. Teague: City attorney. Goers: Uh, I'll echo,uh, City Manager's comments about RAGBRAI. I rode on Friday and Saturday. And it was delightful to ride through town and see a bunch of smiling,uh, City staff faces that I knew, even though it was 06:00 in the morning,they were still smiling and greeting every rider as they went by. And it was a lot of fun. Teague: And our City Clerk is gonna tell us about her riding expedition. Grace: Oh,no.Nothing for me. Teague: All right. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of August 1,2023.