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HomeMy WebLinkAbout2024-09-03 Transcription Page 1 Council Present: Alter, Bergus, Dunn, Harmsen, Moe, Salih, Teague Staff Present: Fruin, Lehmann, Goers, Grace, Davies, Ogden,Nagle-Gamin, Knoche, Havel, Sovers, Hightshoe, Rummel Others Present: Monsivais, USG, Martinez, Alternate 1. Roll Call All right. It is 6:00 PM September 3rd, 2024 and I'm going to call the City of Iowa City meeting to order. [Roll Call] This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 3, 2024 Page 2 2. Proclamations 2.a Constitution Week Teague: Welcome to Iowa City Hall, and I hope everyone had some time to commemorate Labor Day. And we're going to move right into our proclamations, which is two. And we have 2.a as Constitution Week. And this will be read by Mayor Pro Tem Salih. Salih: (reads proclamation) Teague: And accepting this is Sharon Evans, who is, um, the member of the Patriot, chapter of the Daughters of the American Revolution Accepting. Evans: Good evening. Teague: Good evening: Evans: The Daughters of the American Revolution was founded in 1890. Our pilgrim chapter here in Iowa City has celebrated more than 110 years. The DAR works to honor the memory of the patriots who fought for American independence. It also seeks to maintain and protect historical sites and artifacts related to the revolutionary war era. The organization is involved in various community service projects, educational programs, scholarships, and incentives to support veterans. On September 17th, 1787, 39 delegates to the Constitutional Convention signed our US Constitution. The Daughters of the American Revolution instituted the celebration of Constitution Week in 1955, and in 1956, president Dwight D. Eisenhower officially declared September 17th through the 23rd as Constitution Week. We encourage all citizens everywhere to take time during this week to appreciate the principles of freedom, equality, and justice for which our forefathers strived. The DAR are very appreciative of this Constitution Week proclamation. Thank you for your recognition. Mayor Pro Tem Salih and Mayor Bruce Teague. Teague: Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 3, 2024 Page 3 2.b Welcoming Week Teague: 2.b is Welcoming Week, (reads proclamation)And receiving this proclamation,there is a team of three, I see. I see Roger Gokin, as well as Katie Gerlach from Greater Iowa City Inc, who is the senior director of Community Development and the Executive Director of Better Together 2030 and I see Sunday Gosheet, Vice President of Iowa City Foreign Relations Council, BOD. Welcome. Gosheet: Hello. My name is Sunday Gosheet and I am part of the Welcoming Week organizing committee for our communities. Through Welcoming Week organizations and communities bring together neighbors of all backgrounds to build strong connections and affirm the importance of welcoming and inclusive places in achieving collective prosperity. This year, Welcoming Week, as we have just heard, is held from September 13th-22nd, 2024. I just want to say that the week of welcome is more than just a celebration. It's an opportunity to reaffirm our shared commitment to building a community where everyone can thrive. It's a time to extend our hands in fellowship, open our hearts to new experiences and create bridges of understanding that strengthen our bonds. Area organizations, therefore, will be hosting many opportunities for community members to engage and learn more about our diverse and extensive community resources across the entire region. And as the mayor has pleaded, please feel free to ensure our community knows welcoming begins with us. Johnson County with these funds and engaging yeah science. Science there. But I would like to say that in here in Iowa City, the Welcoming Week is going to kick off with IC Compassion, which is the agency that I'm also president of the board on Friday the 13th with Rock the Block Party, and we're going to have in the evening inspiring stories of the journey's of immigrants who reside with us here in form of an educational program. Who also on Saturday have neighborhood garage sales and in Town Crest Community and on the 15th, we'll run it up with an intercultural Faith Community service. And in the evening, have a welcome festival intercultural celebration between 1:00-4:00 PM at the Mercer Park. For more information about Welcoming Week, please see our social media through greater Iowa City, better together 2030, and the website welcomeamericaarea.org. Thank you so much for this opportunity and for this proclamation. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 3, 2024 Page 4 9. Community Comment Teague: Number 9 is community comment, and this is an opportunity for the public to come forth and for the council to hear from you. Because community comment is for items not properly noticed on the agenda, Counsel cannot engage in discussion or debate due to open meeting laws. Only in person comments will be allowed for community comment and you'll be allowed three minutes. Welcome. Ross: Hey, City Council, Mayor,work staff. You know, Dr. Martin Luther King was famous for saying that a country that spends more money on military than on social betterment is going down the path of spiritual decay. And I think that it's always important whether we're in a local government situation or national to remember these things, especially at times like today, when the US is in so many countries, arming so many countries,rebel groups,just people that the US, for instance, the Apartheid state of Israel,the Kyiv Regime in Ukraine, Syrian Rebels, uh, Yemen, uh,they're bombing Yemen. They're still in Iraq. We never vote for these people. You know, we vote for presidents, for instance, we think we're voting for a change, but we don't get any change this way,because everybody's in on it. It's the same, and it's important for people in our city and in the country to call up, to email, to be in the streets regarding the protest of these types of actions. Regarding Israel, I mean, I'm half Jewish and half Ukrainian my families from Kyiv. All my grandparents and my uncles and aunts on that side all spoke with accents. Yiddish, and Russian, and,you know,they were all from that area. Well, look at Israel. As a Jewish person, I see a state that's a military state that satisfies US and UK military outpost considerations. Joseph Biden in the 1980s,he said that if Israel did not exist, he said, the United States would have to create Israel to satisfy United States interests in that region. Don't kid yourself. That's why we support Israel with all the money that we do. And in Ukraine, it's a similar situation. Unfortunately, Obama's words were not really heard by his State Department, the CIA, and the Division of Defense. He said, it's not worth getting involved in World War III over Ukraine. Ukraine, he said,was a Russian security interest, not a US interest, and it was foolish to be part of anything out there and I believe he was right. You know, in 2019 in the impeachment report, Donald Trump was impeached, the Assistant Secretary of National. One of these CIA people said that we want to arm Ukraine so that we don't have to fight Russia here, but instead out there, that was 2019. Please, let's- let's be for peace. Let's not arm these countries. Let's change policy. Teague: Thank you. Anyone else like to address a topic that is not on our agenda? Welcome. Please state your name and the city you're from and there is a sign in. Brandon, did you sign in? Ross: I signed in. Teague: Of course, always. Yes, thank you. You can sign in when you're done speaking. Please state your name and the city you're from. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 3, 2024 Page 5 Mumm: Kevin Mumm, Iowa City. I'm the owner of the Konnection. Um, I'm here to be -my deep concerns about the Kratom ban. If it's proposed passes, it's going to have devastating consequences to my business, my family, um, my employees in the community. The Konnection has been a part of this community for 20 years. Um, it's a safe, natural alternative to pharmaceuticals. We employ hardworking individuals that if this ban is passed, I'll have to close down immediately, file for bankruptcy, and those people who will lose their jobs, uh, and my wife, two kids, and my unborn child will be homeless because I'll be- I'll be unable to pay rent and un-unable to afford my loan that I have on the business. I'll lose my house,my 401K, my entire life savings. I'd like to- I would have you consider the safety aspects of Kratom, and the medical benefits of it before banning it. It should be based on science not just political views of other states or other people or even the FDA. The opiate crisis facing this nation today kills over 140,000 lives. Those people who use fentanyl,heroin, prescription drugs, Kratom offers an escape for those people from those deadly substances. These are used by millions of people safely to relieve their withdrawal symptoms, avoid relapse and provide a lifeline for those who are struggling. The statistics speak for themselves. Opiates kill tens of thousands a year, while the number of deaths created by Kratom is low in comparison. A CDC report has nearly all cases involved other substances, there is only a handful, less than seven Kratom deaths that were undetermined from other substances. The Professors at John Hopkin's School of Medicine states Kratom is a harm reduction tool and should recommend supporting access to Kratom. If Kratom is banned, the unintended consequ- consequences will be, businesses will close, employees will lose their jobs. People will turn to street drugs to relieve their symptoms,people will die from overdoses and suicide. For the public health and harm reduction, please do not ban Kratom. Kratom is a lifeline that should not be taken away. It'd be like taking away a life preserver from somebody struggling to swim in the ocean. You just don't do that. We need to help people that are suffering. Teague: Thank you. Anyone like to address a topic that is not on our agenda. Now would be that opportunity to come and speak up at this time. Seeing no one else. I'm going to close the public hearing or the public comment. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 3, 2024 Page 6 10. Regular Formal Agenda 10a. Short Tem Pemit for Use of ROW- Ordinance amending Title 16, entitled "Public Works," Chapters 1, entitled "Streets,Sidewalks and Public Right of Way," Article A, entitled "Streets, Sidewalks and Public Right of Way Generally," Section 7, entitled "Permission Required,Public Right of Way"to establish a permit for short term use of the right of way. (First Consideration) Teague: We're going to move on to item Number 10, which is our regular formal Agenda 10.a, short term permit for use of ROW, ordinance amending Title 16 entitled Public Works, Chapter 1, entitled Streets, sidewalks, and public right away, Article A entitled streets, sidewalks and public right of way generally, Section 7 entitled permission required public right of way to establish a permit for a short term use of the right of way. This is the first consideration. Could I get a motion, please? Alter: So moved to Alter. Moe: Second Moe. Teague: And we're going to invite up Ron Knoche, at this time, our public works director. Knoche: Good evening, Mr. Mayor and Council, Ron Knoche, Public Works Director. What we found - so this has been a practice in our office in engineering for as long as I've been with the city. So if we have use of the right away,which would not include excavating, we would enter into a permit with somebody if it's less than 14 days. If it's longer than 14 days, then we go through an agreement process, which I- I have approval through resolution to sign off on. As we had some questions come up on our short term permits, we found that there's nowhere in the code that they're identified. So basically, this ordinance is adding for the 14 days or less permit to be, um, codified and in the code itself. Teague: Any questions for Ron? Hearing none, thank you. Knoche: Thank you. Teague: Anyone from the public like to address this topic? If you're online, please raise your virtual hand, seeing no one in person or online, Council discussion? Roll call [Roll Call] Motion passes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 3, 2024 Page 7 10.b Establish administrative rules for parking permits and a citation for parking permit violations - Ordinance Amending Title 9, Entitled "Motor Vehicles and Traffic," Chapter 5, Entitled "Parking Meter Zones and Parking Lots," Section 4, Entitled "Use of Parking Lots"to allow for the establishment of administrative rules for parking permits to be enforced by a parking permit violation citation. (First Consideration) Teague: 10.b Establish administrative rules for permit- for parking permits, and a citation for parking permit violations. Ordinance amending Title 9 entitled motor vehicles and traffic, Chapter 5 entitled parking meter zones and parking lots, Section 4 entitled use of parking lots to allow for the establishment of administrative rules for parking permits to be enforced by a parking permit violation citation. And this is the first consideration. Could I get a motion, please? Bergus: Some move, Bergus. Moe: Second, Moe. Teague: All right. And we're going to invite up Darian Nagle-Gamm, our Transportation Director. Welcome. Nagle-Gamm: Good evening, Darian Nagle-Gamm, Transportation Services. The-the two items before you tonight, I O.b and I O.c are connected, so I just want to make you aware they're-they're on the same topic, and we'll start off with I O.b. This proposal before you tonight will allow the transportation services director to establish administrative rules for parking permits. This proposal would also establish an enforcement mechanism for parking permit violations,which would be a citation, essentially. So our department transportation services manages permit parking in the downtown city owned ramps and service lots. And again, the next agenda item will consider a fee for a new evening and weekend permit for city ramps and the amount of the fine for prop- excuse me, proposed citation for parking permit violations. So the proposal before you tonight is to allow the transportation services director to establish administrative rules for parking permits, and the authority would also allow us to make changes the director to make changes to the rules and response to capacity or other considerations. And the agenda item following will be regarding evening- a new evening and weekend parking permit. We currently offer a daytime parking permit. This would be a new addition and we would set hours of operation or hours, uh, in the administrative rules where people could park with this permit and the proposal would be from 4:00 PM until 9:00 AM on weekdays. So overnight on weekdays and then also all day on weekends. So that would allow people who are either employees of the downtown businesses or our guests and visitors who happen to be downtown mostly in the evenings or on the weekends would afford them an option for a parking permit. The citation established by changes to this ordinance is going to allow transportation services to issue a parking permit violation citation for vehicles remaining in the ramp after nine o'clock in the morning. So our permits are issued and are offered to the community based on capacities that we have during the daytime and in the This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 3, 2024 Page 8 evening, these things shift frequently throughout the year, so it's something we have to kind of consistently monitor. But it is for that reason, it became important to be able to issue a citation because we need to make sure that the night and weekend permit vehicles are parking during the intended time, uh, when that capacity, um, is known for those permits. The proposed amount of the fine would be $30, and the fine amount would be considered in the subsequent agenda item. And I'd be happy to answer any questions you might have on this first item tonight. Alter: I do have a question, and I may be misreading this or not seeing it, but it looks like Capitol, Dubuque, Court and Tower Place ramps,those permit cards that-that there are no evening or weekend permits over the week-sorry, not. Let me start over. That there are no evening permits on the weekend. Nagle-Gamin: Currently, yes. That is. Yes. That is our proposal for the next agenda. And- okay. Alter: I'm just jumping the gun. Nagle-Gamm: Yeah. This is a proposal for- for your consideration this evening. Is to establish them to establish an evening and weekend parking permit for our ramps,which we don't currently have. But before we can do that, we needed to establish administrative rules that would allow us to issue a citation if someone parked using that permit past the designated time frame. So it's a little convoluted, I apologize,but-. Alter: No-no. Nagle-Gamm: I follow in certain steps. Salih: I think I got confused. Do you - do you mean like currently, they can park using that document but there is no citation for that? Nagle-Gamm: Currently, there is no evening and weekend permit. So we both need to establish the evening and weekend parking permit and authorize it through your consideration tonight, and then also authorize the establishment of a citation, which would allow us to issue a citation if a vehicle who has an evening and weekend permit is parked during the daytime without paying the hourly fee. Salih: Okay. And my question is the -the people who have permit right now, Monday through Friday is not weekend. Can they park using the same parking at the evening time in the weekend? Nagle-Gamm: Yes. If you are paying for a full permit today, which is most often used daytime, you can park 24 hours a day during the week and on the weekends. Salih: Sure. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 3, 2024 Page 9 Harmsen: Is the purpose of this to have a second kind of permit that's less expensive for evening employees? Nagle-Gamm: That's correct. Harmsen: Restaurants staff, bar staff, that kind of thing? Nagle-Gamm: Yes, that's correct. So the -the rate proposed will be 75% of the all the time or more frequently referred to as daytime parking permit. So it will be at a 25% discount from what the full permit offers. Harmsen: And this is something too you've been working with the downtown council and sort of - sort of a process of hearing from the public and having them sort of help with the-? Nagle-Gamm: Yes. Harmsen: At least have them have an input into the process, right? Nagle-Gamm: Absolutely. Yes. This was a request that came through the downtown district, and that was based on conversations that the downtown district had with the member entities and business community in downtown. Harmsen: Excellent. Thank you. Teague: Hearing no more questions. Thank you. Would anyone from the public like to address 10.b,which I think, since you've already started talking about 10.c, we're going to allow that as well to kind of be a part of the comments. So anyone would like to talk about 10.b? If you're online, please raise your hands. Seeing no one in person or online. Council discussion. Dunn: Just like to really express the work that's gone or appreciation for the work that's gone into this and getting a solution as quick as we possibly can. Thank you. Moe: Pretty good. Very much excited for item 10.c, but I understand 10.b needs to happen first. I think that it probably doesn't need to be said, but I can imagine that with this new pass, new education is going to be needed to sort of explain to people,you got to get out of there. There's going to be a fine for if you have the sort of lower cost nighttime. That's- that's what we're approving here. Also there's fines associated with, you know, exceeding your stay in the parking garage. So,um, lots and lots of communication, probably from us from everybody about what this new pass really means is going to be really important so that it's useful and not something people get mad about. Teague: Roll call,please. [Roll Call] Motion passes and 7-0 item This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 3, 2024 Page 10 10.c Downtown parking meter rates and evening/weekend parking permits - Ordinance Amending Title 3,Entitled "Finances, Taxation And Fees," Chapter 4, Entitled "Schedule Of Fees, Rates, Charges, Bonds, Fines,And Penalties," Section 8 Entitled "Parking"to establish the rate for evening and weekend parking permits, to decrease meter rates, and establish a fine for parking permit violations. (First Consideration) Teague: 10.c. downtown- Downtown parking meter rates, and evening weekend permit parking. Ordinance amending Title 3 entitled Finances taxation and fees, Chapter 4 entitled Schedule of fees, rates, charges,bonds, fines, and penalties. Section 8 entitled Parking to establish the rate for evening and weekend parking permits to decrease meter rates and establish a fine for parking permit violations. And this is first consideration. Could I get a motion, please? Alter: So moved Alter. Harmsen: Second, Harmsen. Teague: We're going to invite Darian Nagle Gamm back up again. Nagle-Gamm: Hello, again. Continuing the conversation. This -this item is really in two parts, and I will - I will tackle the -the meter rates first. But in response to public comment,the proposal before you tonight is to reduce parking meter rates in the core of Downtown Iowa City from $3 per hour to $2.25 per hour. And the area specifically is the area bounded by Clinton Street and Capital Street on the West, Burlington Street to the South, Gilbert Street to the East, and East Jefferson Street to the North. Additionally, this proposal establishes the rate for an evening and weekend parking permit for parking ramps and updates the rate for evening and weekend parking permits for parking lots. This action also establishes a$30 fine for parking permit violations. So again, the Downtown District ultimately was the one that brought the City of this request for the establishment of a part time evening and weekend parking-parking permit for evening and weekend employees in the downtown, but also for visitors or guests who-who frequent the downtown during the evenings or on the weekends. Currently, the City of Iowa City does offer parking permits in the ramps at $90 per month and parking lots for $70 per month. This action is going to establish a part time evening and weekend parking ramp permit at 75% of that cost or$67.50 per month. And again, um, as I mentioned, the evening and weekend parking permit holders are going to be authorized to park,um, in a designated ramp from 4:00 P.M. in the evening until 9:00 A.M. the next day, and then all day on Saturdays and Sundays. The proposal also updates the rate for evening and weekend parking lot permits, um, setting that rate also at 75% of the cost of the full-time parking lot permit or$52.50 per month. And those who hold, um, or who potentially will hold in the future, the evening and weekend parking lot permits would be authorized to park in designated city-owned parking lots from 4:00 P.M. until 9:00 A.M. the next day This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 3, 2024 Page 11 and all day on Saturday or Sunday. So the- I want to say that the evening and weekend permit holders again, who park in the ramps during the day, it is not as if they cannot use the facilities, um, during the day,but they do need to exit before 9:00 A.M. and they do- they can re-enter, they would just need to pull a ticket, um, and pay for hourly parking services just like any one of us that doesn't have a parking permit. Um, in the parking lots, it's simply just a matter of feeding the meter,um, because usually these permits are issued in metered lots, so they would just need to feed the meter during the day between 9:00 A.M. and 4:00 P.M. Parking permits are sold based again on the operational capacity of parking facilities and it's subject to change, and it does change throughout the year. So it's really-um, I'd recommend that if anybody had questions or the public has questions about our capacity at any given time, it's best to just call the parking office. Um, and that's whether it's an individual looking for a potential parking permit or a business requesting permits for employees. Um, we can connect you to the resources and- um, we can either get that business permit, um,rolling, or, um, you know, potentially weight listed, depending on what the situation is per the ramp that was requested. Um, this fall, transportation services staff is planning on developing a downtown parking operations report for the downtown district. So it's going to provide updated information on Downtown parking utilization, occupancy, permit availability,parking enforcement, and other key performance indicators. Like I said, our occupancies change, you know, throughout the day, definitely throughout the year, as you might imagine, it ebbs and flows with the university. And so we think that communication, that consistent communication will really help, uh, the downtown district be able to communicate,um, with their-with their member businesses, downtown, um, on the state of parking and permit availability as we move forward. And I'd be happy to answer any questions you might have. Harmsen: I have a quick question. Just out of curiosity, and I'm sure there's an easy answer to this,just how would it work if, like, I've got the evening permit, uh, I'm coming in,uh, but my manager wants me to come in a little bit early, like,maybe at 2:30 or 3:00 to start work and chopping vegetables and doing food prep. Do I just get a ticket, and then I pay for that when I leave at two in the morning, or how does that-how does that work for a permit holder? It has to come in to work before 4:00. Nagle-Gamm: So if you come in early? So if you were going to come in early,your permit would not work, um, because it's going to be timed, so you would have to pull a ticket. Um, and if you paid that ticket when you left, um,you would be assessed the fees for that entire time. So the recommendation would be to pull a ticket,um, to exit before you use your permit. Do I have that correct,Mark? Harmsen: There must be a way to-I'm just wondering if that's not maybe a gap to, like, think about as you work on these administrative rules, because if I'm in the middle of work, and I've got to run, leave the ramp, come back in the ramp. I don't know what the technology we have if there's a way to like- or maybe after the fact- I mean, I don't know. It just- it seems like- it seems like a small gap and would affect people once in a while, probably enough to at least be-be thinking about,maybe as you finalize these rules. It's This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 3, 2024 Page 12 just my thought, I don't know if anybody else feels that way,that-because that's, you know, if I'm in the middle of,you know, again, chopping vegetables getting ready for the 5:00 dinner rush, and I tell my boss, hey, I got to leave for half an hour to run to the ramp and do the little thing that's probably going to defeat some of what we are accomplishing with this,right? Trying to be responsive to the needs of our downtown businesses and employees. So just a thought. Alter: Actually, I do have a question, and so now that we've got the whole-because I still- I still have a little confusion. Um, in this part that we're looking at now,um the language was about, um, people with this-this nighttime and weekend permit in designated ramps, right? And so then when I go back to the first part, establishing the administrative rules. It says Capitol, Dubuque, Court, and Tower Place Ramp permit cards. And the language is evening and weekend permits only. Parking permitted from 4:00 to 9:00- 4:00 P.M. to 9:00 A.M. on weekend, and all day Saturday and Sunday. It does not specify nighttime on Saturday and Sunday. So is that Capitol, Dubuque, Court, and Tower Place are not designated ramps for weekend overnight, is that correct? Nagle-Gamm: It's- it's more about each permit will be assigned to one specific ramp. Alter: Okay. Nagle-Gamm: So, um, and we need to manage it that way because of capacities. So essentially, someone who has an evening and weekend permit, it will be assigned to a specific ramp. And that is the ramp that they-that is the only ramp that they will be able to get in with their permit. Alter: Okay. Nagle-Gamm: So it will only allow them access to that one specific facility, and they're going to be able to use that facility from 4:00 in the evening till 9:00 A.M on weekdays, and then all weekend long. Alter: Okay. Nagle-Gamm: So starting Friday night, Saturday morning at 12:01 at midnight, through the entire weekend. Alter: And so does that include Capitol, Dubuque, Court, and Tower Place? Nagle-Gamm: Yes-yes. Alter: Okay. So it just wasn't listed in the- the memo of the administrative rules. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 3, 2024 Page 13 Nagle-Gamm: Yeah. It's listed under- so under the Capitol, Dubuque, Court, and Tower Place ramps and permit cards, we added a bullet, the third bullet. Is the evening and weekend permits only language? Alter: Okay. I guess it just- it was the all-day Saturday and Sunday that caught me. But you are saying that this is-these are eligible. You'll be assigned one of these ramps. Nagle-Gamm: Yes. Alter: But it does include overnight on the weekends. Nagle-Gamm: Yes. That's correct. Thank you. Moe: I noticed in the,uh, fiscal impact section you described this, um, weekend evening pass as having the capacity to generate up to $15,000 in revenue. How-how are you guessing? Look, what do you think the uptake of this pass will be? Nagle-Gamm: Well, it's a bit of a mystery. We're not sure how many people will take advantage of it, but that was based off of 25 people taking- 25 permit holders taking advantage of it. The-the one thing that we're-we're unclear on is our gates open now at midnight. So we don't know how many people are already kind of taking advantage of the fact that they don't have to pay after midnight when our-when our facilities-the gates come up on our facilities. So- so we're-we're really unsure,um, it was an estimate. I think that's a,um, conservative estimate of how many people would, at this time- Moe: But it's not a ramp- it's not ramp capacity that's limiting these sales. It's the- as much as just the guess of, we think, only 25 people. Okay. Nagle-Gamm: Right, at this time. Moe: Okay. Thanks. Nagle-Gamm: But we're excited to see, um, you know, maybe we'll get a completely different response in downtown. If we had a 24-hour gated system, I think the- I would expect that we'd probably have more-um,more demand for it,but we-with the gates opening at midnight, we think maybe less, and- and maybe we're completely off base. Maybe there will be more people,um, asking for it, but I think it's a great thing, um,to provide for the community. So we're excited to be able to offer it to those at work, especially those that work downtown and on the weekends. Teague: Thank you-thank you. All right. Would anyone from the public like to address this topic? And I'm going to invite people up, and have you either sign in at the desk here or if you have a sticker, you can place it in the box. Anyone?No. All right. Are you all wanting to speak to this topic? Okay. All right. Are you wanting to speak to this topic? Great. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 3, 2024 Page 14 Potter: May I speak the parking Iowa City Downtown? Teague: Yes. Potter: Okay. I just want to make sure. So I just have a short thing. The Iowa City Downtown-. Teague: Please state your name,the city you're from. Potter: Betsy Potter, with the Iowa City Downtown District. I'll speak into the mic. Teague: Great. And while you're,uh, signing in, you'll be allowed up to three minutes, and council can't engage, but we'll be listening to you. Thank you. Welcome. Potter: Well, the Iowa City Downtown District would like to thank counsel for your reconsideration of the parking meters and the introduction of the new Night and Weekend parking permit in our downtown core. We continue to hear from our businesses, our partners, community members, and visitors on this issue. And we really think that this further will enhance Downtown Iowa City in making it more welcoming and accessible for both residents and visitors. Additionally, the Iowa City Downtown District looks forward to further collaboration with the city on continuing education and enhancing messaging about the advantages of parking in the ramps, Fare Free transit, and alternative modes of transportation to downtown. So thank you very much for this reconsideration. Teague: Thank you. Anyone else like to address this topic? Seeing no one in person or online, council discussion. Dunn: I would just encourage folks who, uh,who are watching this to, um,review the budget discussion that we had in our work session, um, to kind of better understand the sort of budgetary environment that we are um, in and continuing to devolve into. Um, I think that that's going to give a lot of context to the consternation, at least that I feel, uh, about moving forward with this particular item, especially as it relates to public transportation improvements, $300,000 could buy 10-30, um, you know, bus shelters and benches and all those things. So,um,just would encourage that at this time. Moe: Um, I just wanted to comment that I am impressed that our parking services in the downtown District were able to work together to come up with a response to, um,what was the community, I think decided they didn't like. And, um, I'm very willing to support this adjustment. I think that might have to happen too. Sounds like this night permit thing. It's a new thing, fully expect there might have to be adjustment over time to see how it works. I'm interested to understand with the new systems we have in place in this new pass, and perhaps the gates closing at midnight if we'll learn that more people than we expect are warehousing their cars in their garages. Um, and that might be the next thing that we will address. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 3, 2024 Page 15 Alter: Well, I just want to say, thank you for the Council to being open to starting the conversation up again. Um, and I'm pleased with where we came, I'm reminded of your words last time, uh, Councilor Moe, about-well, the nature of a good compromise is that no one is exactly satisfied. But I think that it is the right step for um still appearing welcoming to those who want to come downtown while still saying there is a premium price to be paid for being on the street. And it has been so long since we've raised the rates. We were not going to wait 10 years again. And so I am very heartily approving of the fact that we're incrementalizing this in a way that doesn't feel like such the sticker shock it was before. So, again, thank you for, um, everyone who's kind of made comments, and has brought this to our attention, and then also for us kind of working through it. Salih: I'm also very-very happy that we come to this conclusion. And even though I was wishing to be $2 only. But this is, like,really good because to begin with, I was not really agree that we should raise it. But, you know, each time we do something, and when the public come and complain about it,we open to adjust it,we did adjust this, and I hope we can do this for something like another thing. So, like, very happy to see this happening. And so I guess that. Teague: Yeah, I just want to say thanks to everyone that reached out to the council,through e- mail, through calls,through visits, either by appointment or in the grocery store. I really appreciate all the conversations on this topic. I will be supporting this tonight. Um, there has been a lot of concerns surrounding this, and I do understand the challenge of a financial part on many individuals that come downtown. I would encourage education highly, uh, for people to experience going to the ramp and seeing that it is,um, for some, maybe even closer to the business of their choice that they want to visit. The first hour is free in the ramp, and then is $2 after that. So I'll be supporting this tonight. Hearing nothing else. Roll call, please? [Roll Call] Motion passed at 7-6. Goers: 6-1 Teague: - 6-1- 6-1. All right. And can I get a motion to accept correspondence? Salih: Moved, Salih. Moe: Second, Moe. Teague: And 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 September 3, 2024 Page 16 10.f Hawkeye Liquor & Tobacco tobacco penalty-Resolution assessing $300.00 civil penalty against Hawkeye Liquor & Tobacco. Teague: We are on to item number 101 This is Hawkeye Liquor and Tobacco- Tobacco penalty. Resolution assessing $300 in civil penalty against Hawkeye Liquor and Tobacco. Could I get a motion to approve, please? Alter: So moved Alter. Bergus: Second, Bergus. Teague: All right. And we're going to welcome our City Attorney Eric Goers. Goers: Thank you, uh, Counsel. Um, the ones that you have before you that is items 10.f and 10.g, uh, did not get back to us to waiving the hearing, unlike some of the items or some of the shops that were present in your consent calendar. And so we set them for, uh, hearing. That is,they have the opportunity to be heard as to why they should not be,um, suspended, um, or have a civil penalty imposed. In the case of Hawkeye Liquor that is 10.f, the item before us, it's, uh, a first offense within the last two years, so a$300 civil penalty would apply. Uh,the item at 10.g will be a third offense within three years, and so a$1,500 civil penalty and a 30 day retail cigarette permit suspension, but, um, this is an opportunity, uh, for those, uh, businesses to be heard if they wish to do so. And I would just indicate it's the counsel's role to determine whether or not the violation took place, um, and then if so,to impose a penalty. I will note in each of these cases that is in 10.f and 10.g, the clerk or employee who is charged has either been found guilty or pled guilty to the charge. And the statute Under 453A.22, indicates that the Council shall be assessed the penalty. So if you conclude that the sale was made, you don't have discretion as to whether or not to impose a penalty, it's your obligation to do so. And with that, I would ask, uh,Mr. Mayor to invite Hawkeye Liquor and Tobacco to see if they have any- uh, if they wish to be heard. Teague: Great. Thank you. Anyone here uh, representing Hawkeye Liquor and Tobacco, please raise your hand at this time. Seeing no one in person, anyone online? Seeing no one online. Anyone from the public like to address this topic? See no one in person or online, council discussion? Dunn: Could you remind us what the,um,point at which we just revoke a permit is? Is that the four? Goers: Yes. I believe it is five offenses within four years. Teague: Any other comments by council? 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 September 3, 2024 Page 17 10.g Iowa City Fast Break tobacco penalty- Resolution assessing $1500.00 civil penalty and thirty-day retail cigarette permit suspension against Iowa City Fast Break. Teague: 10.g, Iowa City Fast Break Tobacco Penalty, Resolution assessing $1,500 civil penalty and third day- and 30 day retail cigarette permit suspension against Iowa City Fast Break. Can I get a motion to approve, please? Dunn: So moved, Dunn. Bergus: Second, Bergus. Teague: All right. And any additional comments? Goers: No additional comments. As I mentioned a moment ago. This, unlike um, the item for Hawkeye Liquor and Tobacco,this is a third offense within, uh, three years for, um, Iowa City Fast Break. In fact, it's third offense within two years. And so the penalty for this one is $1,500 and a- and a 30 day retail cigarette permit suspension. Teague: Okay. Great. Is there anyone here from Iowa City Fast Break that would like to speak to us? All right. Welcome. And please state your name. Kroeger: My name is Ketra Hawk Kroeger. Good evening. I'm from Burlington, Iowa. Let me put my little sticker over here. Teague: Yep. You can just throw it in the box. Kroeger: In the box. Teague: Yes. Thank you. Welcome. Kroeger: I am the Human Resource Manager for Reif Company. I am here tonight to speak to you about our retail cigarette permit held by the Fast Break Convenience Store located at 2580 Naples Avenue, Southwest Iowa City. I'm going to give you a little bit of history on Reif Oil Company. It is based out of Burlington, Iowa, and it was founded in 1978. Currently, Reif employs 305 employees. The primary business activity is selling and delivering wholesale fuel to five states, including Iowa, Illinois, Missouri, Ohio, and Wisconsin. They have owned and operated convenience stores in both Illinois and Iowa during this time. Currently, there are eight fast break stores in southeastern Iowa, including the Iowa City location. Reif Oil owns and operates 11 Duncans in Eastern Iowa with our latest store that opened this past spring on Highway 965 in Coralville. Also, Reif Oil is currently building a Duncan store on Highway 1, hopefully to be opened by the end of this year. Yes, the Iowa City Fast Break received it's third tobacco violation this past May, and I am not here to sway you into thinking we are not guilty as a company, we are. After the first two violations,we changed the store management and have been diligently This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 3, 2024 Page 18 trying to improve the leadership at the store and improve our training program for our employees, with regard, especially to selling tobacco and alcohol to legal customers. We cannot control every action and decision that our employees make when they are on duty, but we do take full responsibility for those actions. I am asking you tonight to consider the option for penalty to be that we pay the fine of$1,500 and make a contribution to a charity of your choice for the same amount and keep our retail cigarette permit active. I realize in respect that you have set your rules and regulations to literally affect the business that has not been compliant. Obviously, if we do not have our cigarette permit, we lose those sales, and once the customer realizes this, we also lose the customer. In conclusion, I want to thank you for your time and consideration. Any questions? Teague: Doesn't hear like there are any questions for you, but thank you. Kroeger: Your welcome. Thanks. Teague: I'm going to open this up to the public who would like to comment on this. Seeing no one in person and seeing no one online, Council discussion. Goers: If I may, before council begins, I would just like to read the state statute for third offenses. It says as follows. For a third violation within a period of three years,the retailer shall be assessed a civil penalty in the amount of$1,500 and the retailer's permit shall be suspended for a period of 30 days. As a result, I don't, um, think what's been offered would be legal. Um, I appreciate the creativity and the offer, but I don't think it would be legal for this council to, um, grant their request. Teague: I guess, I would just um, say that I will be voting, um, in favor of this violation of- in the penalty and the closure for 30 days. Um, I do understand the challenge with employees and to try to get them on board with the requirements of selling to those that are of age, and, um, sometimes it's a hard lesson to learn. And I think you have to repeat it for every person hired to share this experience of, you know, step 1, step 2, third violation, fourth violation, and what that fifth violation means, because these employees, this is a part of their livelihood, um, if you all can,you know, can't support them as an employee. So I would- I would say that allow this to be your- a part of your training for your employees, so they-they can see that what they do when they're selling alcohol in this particular situation, tobacco to minors, that it is illegal, and there are consequences. [Roll Call] This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 3, 2024 Page 19 12. City Council Information Teague: We're at Item number 12, which is City Council Information. Dunn: I would just bring up that, uh, annual vaccinations are now available. Um,we are currently in the highest peak of COVID transmission uh, in the history of it's general transmission in communities. So, uh, people should be careful, get your- get your vaccines and, you know, stay- stay healthy. Alter: Welcome back to school. All students and to parents everywhere who are seeing their loved ones off, making them lunches, getting them dressed, and, uh, keep fighting the good fight, everybody. Teague: I would just mention that Mayor Pro Tern Salih and I will be heading to Des Moines after this meeting because we have the Iowa Housing, um, Summit this week, so we'll be joined by some of the City Staff, and that's tomorrow through Friday. So lots of great topics on housing. All right, we're going to go to-yes. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 3, 2024 Page 20 13. Report on Items from City Staff Teague: We're going to go to Item number 13, report from our City Staff, City Manager's office. Fruin: Nothing tonight, Mayor. Teague: City attorney. Goers: Nothing either. Thank you. Teague: City Clerk. Grace: Can't hardly believe Eric didn't take the opportunity to make a plug for their Charter Review Commission. Teague: All right. Dunn: What the heck. Grace: They have a rorum coming,uh, up next Tuesday, September 10, at 6:30 at the Iowa City Public Library,room AB&C, so the big room. Uh, and then they'll also have a second meeting on Saturday, September 28 at 10:30 AM. here in Emma J. Harvet. Teague: Great. Grace: They would love to hear people's input. Teague: Great. Salih: That's great. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 3, 2024