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HomeMy WebLinkAbout2011-11-01 TranscriptionPage I ITEM 2. OUTSTANDING STUDENT CITIZENSHIP AWARDS — Shimek Elementary Hayek: Would the students from Shimek Elementary please come up. Well, welcome! My name is Matt Hayek. I'm the Mayor, and this is the City Council and it's an exciting, uh, part of every meeting that we have during the school year to invite leaders from the various elementary schools, uh, from Iowa City to come talk to us a little bit about what they do at school, and for us to recognize you, and I gotta say, I'm an old Shimek Shark myself. I, uh, started out in kindergarten and finished, uh, sixth grade and did safety patrol and all of the great things and I have just great memories of Shimek. You're... you're at a great school! Um, the way this works is ... I think you've been told, cause you've got your little pieces to read from, but we'd like to hear from each of you. Uh, and then ... and I'll pass the mic, and then when we're done I'll ... I'll read a quick award for you. So why don't we start with you? Fisher: Hi, my name is Krystal Fisher. Thank you for selecting me for this award. I am a good citizen because my family and I are helpful to others. Moments after the tornado with my dad's backhoe we moved fallen trees off of cars to clear Iowa Avenue. During the flood for many days we would go to Normandy Drive to clean homes, for a handshake and a hug. We used a pump, a fire hose, and the river water to wash the muck away. I (mumbled) things to the curb. At Shimek school I am a safety patrol. I (mumbled) children are safe as they cross the street. (applause) Hayes: Hi, my name is Cessily Hayes. First of all I would really like to thank the City Council for recognizing me as an Outstanding Citizen. I believe my teachers nominated me because of my service to the community. I donate money, food, and clothes to people in need. I am a Girl Scout and I planted flowers (mumbled) and have volunteered at local animal shelters. When the earthquake hit Haiti and Japan I helped raise a Red Cross coin drive. In addition, I am a safety patrol lieutenant responsible for helping the kindergartners at the end of the day. To me being a good citizen means that you behave responsibly, be kind to others, make positive contribu ... make a positive contribution to the community, and always try to do your best. In the future I'd like to start volunteering daily at the ... at the pet shelter and to ... and continue raise money for victims of natural disasters. Thank you again for your time. (applause) Hayek: Well those are just wonderful, and um, I just want to tell you, you know, I learned a lot of things when I was a student at Shimek, as well, safety patrol and other things, and you know what? They helped me turn into the person I became as an adult and the lessons you're learning now are really going to help you through life and the example that you set for the other students at...at your school is ... is really important, and I also want to mention, uh, our appreciation for your parents and your teachers and anybody else who's here to support you tonight. Um, I suspect they've had a little bit to do with ... with your success. And before I read the This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 2 award I just want to know, do you know that Shimek, the Shimek Sharks were once upon a time the Shimek Squirrels? (laughter) It's terrible! Well, I was there, for about two years they changed us from the sharks to the squirrels. They thought the sharks was a little too aggressive and we became the squirrels! But (laughter) cooler heads prevailed and they brought us back to the sharks so (laughter). I have an award for each of you, and it reads as follows: it's called the Citizenship Award. And it says for her outstanding qualities of leadership within Shimek Elementary, as well as the community, and for her sense of responsibility and helpfulness to others, we recognize you as an Outstanding Student Citizen. Your community is proud of you. Presented by the Iowa City City Council, November, 2010 ... no, 2011! (mumbled) So, congratulations! (applause) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 3 ITEM 3. PROCLAMATIONS. a. Hunger and Homelessness Awareness Week, November 12 -20, 2011 Hayek: (reads proclamation) Karr: Here to accept the proclamation is Chris Bartels. (applause) Bartels: We would like to thank the Mayor, the City Council, and the government of Iowa City, as well as the people of this community for supporting those who are experiencing hunger and homelessness here and elsewhere. In addition, I'd like to announce that on November 16th, from 9:00 A.M. to 2:00 P.M., the City of Coralville, the City of Iowa City, Iowa City Human Rights Commission, Johnson County Senior Center, Johnson County Local Homeless Coordinating Board, Metropolitan Planning Organization of Johnson County, and the United Way of Johnson County in regards to home ... hunger and homelessness aware... awareness week are sponsoring Community Connections Day. A free one -stop shop of resources and referrals for people who are experiencing homelessness and others in need. The event will take place in the basement of Gloria Dei Church. We would like to thank all our partners and sponsors for their help and participation. Hayek: Thank you. Bartels: Thank you. (applause) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 4 ITEM 5. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). Hayek: Uh, this is the opportunity at every Council meeting for members of the audience to address the Council on items that are not on the agenda. If there's something you'd like to bring to our attention, and it's not on the agenda, I invite you to step forward, uh, please sign in at the ... the podium there and give us your name, and we ask that you limit your comments to five minutes or less. Uh, ma'am, you'll have to step up here please. Thank you. Sunderberg: (mumbled) disabled person with limited (mumbled) Hayek: And I'm ... could I ask you (both talking) Sunderberg: ...gone back to college. Pardon me? Hayek: Could you just give us your name please? Sunderberg: Oh, I'm Kay Sunderberg. I had $200 stole right off the table at a bank in... on Mormon Trek. We were going to go buy a car with it and I got to the auction (mumbled) off of her desk and I'd counted it in front of her and she'd circled it on my, uh, statement and she said, well, we can go to my, uh... somebody upper there, and she was over the ... the bank that I was at and this is my student money. It's lucky I hadn't put the rest of my bulk of it in there because she took it without any authority, without my knowledge, and I run back there, uh, from the auction before noon to confront her and she had somebody with her and I just (mumbled) see it on her face. It drained and she was so taken back that ... and I talked to her on the phone about it later, accusing her and telling her it wasn't (mumbled) you made me go through this stuff, and it wasn't there. I went through everything in my van and everywhere, and it... she had absconded with it, right off the table. I went to the, uh, one institute in Towncrest where I had first, um ... given the, um, to do this business. I was to be there the next day to put money in there, the bulk of it in a (mumbled) account. I'm so thankful I didn't because if they hire people like this who work with our money that can steal it just that quick and disappear it, then I don't want to do business with `em, and I spent $7.00 out of my checking to ... for gas to rid the account and close it out because I don't want no more business to do with somebody like that. I went to Kirkwood and told `em what their banks, and they said, well, it isn't our bank, but they recommend the bank to you to do business with (mumbled) so they figure you probably put it in that bank, I guess. Anyway ... I'm appalled that this can happen to a senior citizen who's disabled on a fixed income. Thank you. Hayek: Thank you, ma'am. Sunderberg: (unable to hear, away from mic) Hayek: If you're going to speak to us, you'll have to be at the microphone. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 5 Sunderberg: ...I went to Towncrest where I'd started the business and told them about it, and that Travis is taking it, and I said I wouldn't say anything but after all why shouldn't I? This is a travesty that they do this. Hayek: Well if you ... if you believe you've been, uh, a victim of some kind of crime... Sunderberg: I've been to the Police. Hayek: Okay! That's... that's what I would recommend to you (both talking) Sunderberg: Thank you. Hayek: Thank you. Anyone else, uh (unable to hear person not at mic). Anyone else, uh ... anyone else, uh, interested in addressing the City Council on items that are not on tonight's agenda? Buss: Anna Buss, 525 W. Benton and I'm here to speak to the issue of the sidewalks on Miller and Hudson, and when I was here before, I showed you, urn ... a drawing that the City had provided for us, and we had a meeting, urn ... this last week of a number of the people who actually own the property that is involved, and so far just to give you an idea, the ... yellow are the homeowners who are adamantly against the sidewalk issue. Um, with all of the exciting things that are going on in the Iowa City that are going to be happening on the Gilbert Street, uh, with what you want to redevelop, uh, some of us find it kind of pointless to have the sidewalks coming up Miller and Hudson. You're inviting traffic into an area that's already dangerous. There haven't been no accidents on Miller or Hudson, uh, involving people who are walking in the street. And the issue that has always completely come up is the danger of the area of the children that are going to Roosevelt School and now Roosevelt School is going to be closed so that is not a point anymore, but with the meeting with these owners, and with talking to most of the people, most of the landowners, the people who are going to be impacted by these sidewalks, are not interested. We don't want it. And so we would like to have the Council at least set up a meeting with us. They keep saying that that's something they're going to do, um, we were in hopes that it would be done before the surveying started because if there is a possibility that they don't put the sidewalks in, we hate to see the City lose that money. So, again, I hope that you'll reconsider this. There are a number of us that are against it. A lot of the ones that you are receiving ... if you look at the letters you're receiving, that are for this project, their property is not direct impact by the sidewalks. They are not going to be physically involved in having their side ... their property torn up for however long it takes to get this project done. The people that you're getting letters from are not going to have to take care of the sidewalks. They're not going to have to clean them. And they're not going to have to keep them up when they start to chip, rise, and fall. And that will happen, because if you walk Benton Street in front of, uh, my house from Miller to Hudson you'll notice that there are This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 6 Street in front of, uh, my house from Miller to Hudson you'll notice that there are already... that's a relatively by our standards, new sidewalk area and there's already places where I've been cited that I had to take care of the differences in the sidewalk height. They've been ground down, um, we've had a few that we've to actually repair, and those sidewalks are not that old! And quite frankly, I don't want to have to take care of sidewalks that are all the way down Miller and Hudson. And neither do a number of other people. Again, there's only two owner - occupied houses on Miller and there's only seven, I think, or eight on Hudson. So that's also something, and if the, um ... Gilbert Street project is all developed, all the way over to Orchard, maybe there'll be a time in the future where Hudson and Miller would be redeveloped, and then you would have wasted all of that money. So I ask you to please reconsider. Thank you. Hayek: Thank you! Anyone else like to address the Council? Rotman: Yes, my name is Mitchell Rotman and I am a property owner who actually lives on Hudson Avenue, and I would like to reiterate that I am against, uh, sidewalks in this beautiful neighborhood. It's been around ... my house was built in 1939 and it's ... it's such a wonderful place. It's scenic; without the sidewalks... I'm not sure why we would put sidewalks in; uh, safety issues, I've been there since, for 14 years, and never seen any incidents of accidents or anything on my street, um, and with Roosevelt closing, I'm not sure why we need sidewalks. If it's for the children, and the school was still there, I might consider it, but at this moment I just, I mean, one of the reasons why I bought the property there, it's because we didn't have sidewalks and it's such a lovely neighborhood, and I actually think, uh, more cement in that area is something I wouldn't like to see, and yes, I wouldn't like to maintain the sidewalks either ... um, I, uh, realize that, uh, if I do have sidewalks I will have to shovel, which is okay but if I don't have to, I appreciate that even more. I work at the University. I usually go in at 6:00 in the morning; I come home late; and it's very hard for me to do all that stuff, but I understand that would be my responsibility. And also in addition, years from now if I want to sell the property, uh, I would have to make sure (mumbled) have to make sure that that's fixed before I sell it and it .... At this moment I'm not for it, and one thing I would like to ask is, um, I was not made aware of this situation until Anna informed me, probably two, three weeks ago. I'd never received any information concerning this issue. And as a property owner, I ... I wish I would have been. So 1, uh, I'd known more about it before I came here. Thank you. Hayek: Thank you, sir. Anyone else during community comment time? (unable to hear person away from mic) Ma'am, I'm just going to see if there's anybody else who ... who wants to speak, uh, so give everybody a chance here. (unable to hear person) Is there anyone else who would like to address us during community comment? Ma'am if you'd like to make one final quick comment... you'll have to come to the podium though, I'm sorry. We have to get a record of this. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 7 kinds of things that's there. It is a narrow street. I believe there's, uh, trees along one side and so it's fairly dark at night. There's a few streetlights, but if you're on a bike or if you're on foot, it would be very dangerous. Thank you. Hayek: Thank you. (unable to hear person away from mic) Okay. Anyone else on community comment before I close this portion of the meeting and move on? Okay. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 8 ITEM 6. PLANNING AND ZONING MATTERS. B) AMENDING TITLE 14, ZONING CODE, ARTICLE 14 -211-8, SPECIAL PROVISIONS, BY ADDING A SUBSECTION C TO PROVIDE A TWENTY -FIVE PERCENT DENSITY BONUS OPTION FOR ELDER APARTMENT HOUSING IN THE MULTI- FAMILY ZONES EXCEPT THE NEIGHBORHOOD STABILIZATION RESIDENTIAL ZONE (RNS -20). 1. PUBLIC HEARING Hayek: This is a public hearing, and it is open. (bangs gavel) Davidson: Good evening, Mr. Mayor and Members of the City Council. I'm Jeff Davidson, the Director of Planning and Community Development. Uh, item 6.b., as the Mayor has indicated, is the zoning code amendment to provide a density bonus in all of our multi - family zones for elder apartment housing. As I've mentioned, this would be for all of our multi - family zones. The idea here is to encourage the construction of elder housing, uh, by virtue of the density bonus. Uh, there's a lot of national studies that indicate, uh, with the aging of the population, the need for, uh, additional elder housing in the future, and this speaks to that. Um, we feel ... we looked at a lot of, uh, density bonus provisions in other zoning codes around the country, uh, they typically ranged from 5 to 30 %. We're recommending 25% bonus would, uh, would be eligible for elder housing. Uh, we feel it's appropriate. Elder housing typically is smaller, has less traffic, uh, typically doesn't have facilities for children, so it ... you basically... the argument can be made that it's appropriate to put more of it on a smaller parcel, which is what this would, uh, do. Um, would require all individual living units and commercial space, uh, communal spaces, rather, to be accessible, and real quickly, the ... the ordinance if you chose to adopt it, uh, again, is for elder housing, including persons with disabilities, uh, requires handicap accessibility. Uh, no more than 10% of the individual units could contain more than two bedrooms, uh, the owner would have to submit an affidavit that the dwelling units will be reserved for and occupied by elders or persons with disabilities, and the owner would be required to maintain a valid rental permit, and the City would reserve the right to inspect the elder apartment housing to, uh, validate the ... verify the, uh, compliance with these provisions. Are there any questions? Thank you. Hayek: Anyone from the audience on, during the public hearing on this item? Okay. I'm going to close ... if you'd like to step forward, ma'am, and speak on this item, you certainly can. (unable to hear person) Hold on! Just please come to the microphone first, and the reason is that we (both talking) Sunderberg: I thank you for being able to speak. I'm the older generation, I'm the 60s, and (mumbled) that ... that, yes, we need apartments. (mumbled) for one apartment and I was seduced $900 out of me for this apartment, and I understand (mumbled) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 9 behind it so the people were in Illinois supposedly that were renting it. They tore out the cabinets and put `em in the basement and we weren't able to get our stuff in so we lost out on the apartment and lost the $900 apiece that we had put towards it, and I found out later, or it was told to me that this (mumbled) behind the whole seducing money out of me again and he done it all for an apartment, or a house, that we was supposed to get long time ago and then (mumbled) stalked by him. Hayek: Ma'am, could I ask you to direct your comments to what's before us. Sunderberg: It ... well (both talking) ...safe elderly housing that is well represented with good people behind it, and not being able to be scammed by some fly -by- nights that will take you to the cleaners and take money from the elderly, disabled, vulnerable person that isn't street savvy like they are. Hayek: All right. Thank you! Would anyone else like to address the Council before I close the public hearing on this item? Okay, I will close the hearing. (bangs gavel) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Wilburn: Move first consideration of the ordinance. Bailey: Second. Hayek: Moved by Wilburn, seconded by Bailey. Discussion? Champion: I like ... a question, Jeff. Um ... I like the idea of this so don't misunderstand me. But if somebody builds this building and they can't fill it with elderly or disabled, what's going to happen? Davidson: Well at some point they're going to have to verify as part of their rental permit that it's being used for that. Uh ... is Doug here still? In terms of the enforcement provisions, that would be done by Housing and Inspection Services. Doug, do you want to indicate what the enforcement provision would be? You need to come to the podium... Champion: ... we had a situation where somebody built some housing for... elderly that they couldn't fill with elderly people so what's the provision if that can't happen? Boothroy: I think under this particular provision, if they can't fill it, then they would have empty apartments in that building. Champion: Right and... Boothroy: ...if, uh, that would be an issue for them. That's correct. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 10 Champion: And we have any way to address that as an issue? I mean, would you build (mumbled) building not knowing if you can rent it? Boothroy: You know, we build elderly housing in Iowa City and it's subsidized, most of it... Champion: It's subsidized. Boothroy: ...and stuff like that and so, uh, there is a market for that, uh, I would ... I would hope that somebody would ... that would do this would do some kind of a study, a market analysis, and ... and uh, make that happen, um, but I think that could happen if...if they built the building and there wasn't any customers, you know, to move in. You could have some problems, and then they would probably, you know, how things work out, they would probably look for relief, uh, either through the Board of Adjustment or back through the zoning code. Champion: But there is some out... some way that they (both talking) Boothroy: They could ... but it might require some additional changes to the ordinance or some kind of relief otherwise. Champion: All right. Hayek: But on the short end, uh ... inability to fill the requisite number of spots with... with elderly tenants would result in what, loss of a rental permit? Boothroy: No. They could ... if it was a 12 -unit and they had 3 or 4 that were, uh, that... they would just remain empty, but the building would still have a rental permit for the rest of the units. It would just not be fully occupied. Until they resolve their problem, either got it filled with ... with people renting the units, or uh, looked to get some kind of relief somehow, some other way. Now these are, it's my understanding that these are not ... these are elderly and uh, handicapped units so not everybody (mumbled) so not everybody that moves into these units necessarily has to be elderly person. (both talking) Champion: (both talking) right. Boothroy: ...and I ... so that is a little broader market than just elderly, and when we built the Peninsula apartments a few years back, the 10 -units in the Peninsula. They were one and two - bedroom units, uh, we've never had a problem keeping them full. There's a high demand for one and two - bedroom units, particularly if they're accessible. So, urn ... I have, you know, it could happen, but ... but we've been able to keep the Penin ... the Peninsula full the entire time. Davidson: And I'm not sure, Connie, that the other elder housing that we're aware of that there's a market for, you k now, basically putting people who are not elderly or This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 11 disabled into these complexes cause they're just ... they're set up for elderly and persons with disabilities. Champion: Right, right. Hayek: Ma'am, I'm sorry, we ... we've (unable to hear person away from mic) actually we've ... we've closed (person speaking) I know, but we've closed the public hearing and... and so I appreciate your comments though! Bailey: Well, and remember, we're creating opportunity. We don't necessarily have to... Champion: Right, right. Bailey: ...and you know with the ... the scores that we get on `best places to retire' and keep in mind, elderly is defined as 55 and up. Champion: I'm very elderly! (laughter) Bailey: It's a large population! Hayek: Further discussion? Roll call, please. Item passes 6 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 12 ITEM 7. AMENDING TITLE 3, "FINANCE, TAXATION AND FEES" OF THE CITY CODE TO ADD A NEW CHAPTER ESTABLISHING THE IOWA CITY DOWNTOWN SELF - SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT (SSMID) PURSUANT TO THE PROVISIONS OF CHAPTER 386, CODE OF IOWA; AND PROVIDING FOR THE ESTABLISHMENT OF AN OPERATION FUND AND THE LEVY OF AN ANNUAL TAX IN CONNECTION THEREWITH. a. PUBLIC HEARING Hayek: Before we entertain a motion, uh, several of us will be recusing ourselves from this, given that we have property interests downtown that, uh, create a conflict of interest, so Mayor Pro Tern Wilburn will take over. Bailey: Move adoption. Wright: Second. Wilburn: Moved by Bailey, seconded by Wright. (mumbled) Okay. Um ... okay, uh, public hearing (bangs gavel) is open. Ford: Good evening, Council, I'm Wendy Ford, the Economic Development Coordinator for the City of Iowa City. A petition to create a SSMID, a self - supported municipal improvement district, was received on August 25, and met the statutory requirements for the number of, uh, property owner signatures and the value of property that they held. As required by Iowa law, the next step was that the P &Z Commission subsequently reviewed the plan, uh, for its merits and feasibility, and they have since forwarded their recommendation of the SSMID proposal to you, the Council. It's important to note that the members of the downtown business community, many of whom are here today, spearheaded this effort but because this is an issue that considers the collection and distribution of taxes, the Council must vote on it. The property included in the district meets all of the criteria required by Iowa law, and that is that it's contiguous, it's zoned for commercial uses, it's within the boundaries of Iowa City, and it's related in some manner, uh, the central district and the support zones. The proposed tax rate is $2.00 per 1,000, and proposes the funds be used for new, additional, and /or enhanced services in the downtown. And the north ... and the near northside neighborhood. If I say downtown, I mean the entire district, which includes the, uh, Central Business District and a connector to the Northside Market Place. Um, the expenses include developing and managing business retention and attraction activities, special events and marketing activities to draw more people downtown, and the possible expansion of the `park and bus' and `park and shop' programs. Also making physical and other improvements designed to improve the image and appearance of downtown, and the Northside Market Place. And the hiring of two people, a business development manager and an assistant business development manager. The petition states specifically that the City of Iowa City will not This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 13 diminish the type of...type of or extent of governmental services already provided. The petition states that the SSMID tax levy would begin with fiscal year 13 and sunset after 14 years... sorry! After 4 years, generating roughly $280,000 a year. The University of Iowa has also announced their intention to partner with the SSMID efforts by annually, uh, contributing up to $100 ... up to $100,000 to the SSMID budget. There was a letter to that effect in your packet. The proposed district and plan of work are consistent with the existing laws, plans, and the City policies, including those of the downtown urban renewal area, the 2008 Central District Plan, the 2007 Downtown Market Niche Analysis recommendations, and the Comprehensive Plan, which states the goals of keeping the downtown area vibrant and suggests a combination of public and private... private efforts to do so. It is also stated in the position that notwithstanding the fact that a part of the proposed SSMID district is in a TIF district, the amount of funds that would be derived from the annual SSMID levy from properties within the TIF district will be made available annually for SSMID activities, and that the City shall take every necessary step ... step to accomplish this. Because the creation of the SSMID is accomplished by ordinance, the City Council must have three readings of the ordinance and Iowa law states that a SSMID ordinance must be approved by 75% of the members of the Council. Councilors who abstain due to a conflict of interest are not included in that count. So because of their business interests, as ... as, uh, Mayor Hayek mentioned, Matt Hayek, Connie Champion, and Terry Dickens would be abstaining and the Council for this vote would be comprised of the remaining four City Councilors, those of you, uh, seated up front. If a petition against a SSMID is received, and it contains the signatures of 25% of the property owners within the proposed district, representing at least 25% of the assessed value of the district, a unanimous Council vote is required. If a petition against a SSMID is received and it contains either the signatures of 40% of the property owners or signatures of owners representing 40% of the assessed value of the district, the SSMID ordinance must be withdrawn and no further affirmative actions may be taken by Council related to the SSMID ordinance. Since August 25th, additional signatures have been gained for both ... both for and against the SSMID, uh ... petition. Um, as current, uh, currently the, uh, petitioners against the SSMID number 17.47% of the property owners, and 23.1% of the property values. Any questions? Wilburn: Uh, before we proceed with questions of staff and hear from the public on the, on the public hearing, I will say the folks ... thank you for the folks who stepped outside, uh, into the lobby area to make sure that, uh, we're complying with, uh, fire code and safety. Uh, you'll have an opportunity to come in to speak for the public hearing, um, as people do step forward and speak, I would ask that you go out into the lobby and allow someone else to come back in so that they'll have an opportunity. It's being piped out into the hallway. Uh, questions from Council? Wright: One question I had, Wendy. There are ... there's just a handful of residential properties that are included in the SSMID. How do they ... what is their role in this? Are they... This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 14 Ford: Only commercial properties are, uh, eligible or allowed to be levied the SSMID tax levy so if there's even, um, a residential condominium, that is exempt from the SSMID levy. Commercial... commercially organized apartments, however, would be taxed the SSMID tax. Wright: Thank you. Wilburn: Questions? Okay, thank you. We'll go ahead and proceed with, uh, the public hearing. I'll ask you to please step forward to the podium, uh, state your name, uh, for the record, uh, put your sticker and /or write, uh, on the sheet, and limit your comments to five minutes or less. Kubby: Good evening, my name is Karen Kubby. I'm the Chair of the Downtown Association's SSMID Committee, and I'm really excited to be here. When we look at the current downtown and north side and know how vital it is, and how successful commercial districts ebb and flow all the time. They're always changing. We're always changing in downtown Iowa City and near north side. In 19 ... or in 2007, the City of Iowa City did the Downtown Market Niche Analysis, and one of the ... number one recommendations from that process was to have a downtown business development manager. Well, we weren't really ready to work together in that way then. Then the flood hit. Then the economy really went for a downward spiral, but now it's a different moment. And, all of us independent cusses that work and live and play downtown, people who own property and own businesses, have decided that it's a really important time for us to come together to try to work together collaboratively in a unified voice. Uh, with the University of Iowa recognizing how important, um, a vital and ever - changing downtown is for their recruitment, and they're playing a larger role financially and being a real partner, it seems like a great moment for us to do this. Although it's not a new idea! For decades, Des Moines, Cedar Rapids, Sioux City, Fort Dodge, Davenport have done this. So it's not a radical concept. It's not a first for the state. But it's a good time for us to do this! There isn't an economic development organization that focuses on downtown. We've got the Chamber. We've got the Convention and Visitors Bureau. We have ICAD, but only the Downtown Association, that doesn't really have the resources necessary to live out a big vision, um, focuses on downtown. So our vision is that the Downtown Association would morph into the SSMID, but have more resources to actually get big things done. Currently with the DTA it's a membership -based organization so a few people for decades have put in a lot of time, energy, and money, but everyone who owns property and does business and lives downtown and interacts downtown benefits from it. So with the SSMID structure, all property owners and business owners who then pay that property tax directly or indirectly would be paying in. So there'd be the resources to actually do things. Over the past, uh, 12 years, the City has invested $40 million downtown, uh, plus half a million dollars a year in maintenance for the Central Business District. We feel that now it's the private sector's turn to tax ourselves and have that money This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 15 stay within the district, and be directed by the private sector. So I have one extra signature that I want to turn into the City Clerk tonight, which gets us to 40% of unique owners, and 50% of the assessed value. So, urn ... thinking about how 68% of the property owners in downtown Iowa City and the north side will pay less than $1,000, we're really leveraging each other's money and then when you add the University's commitment of $100,000 a year, it's really a great investment for everyone! So, these kinds of tasks don't happen spontaneously. They happen because you have savvy people working the plan. So part of this money's going t be to hire some of those people, but we're going to need an active and engaged board to be in partnership with each other and to be in partnership with the City on these issues. We had indicated at one point that we would be asking for some `bridge' money because the taxes wouldn't be levied until September 2012. SSMID board wouldn't get that money until October 2012, but we're ready to get going now. We want the SSMID board to be up and running in January, start looking at really living out the plan, hiring people, working on the inventory, doing major marketing locally and regionally. Uh, we can't do that with ... with no money, and so we've negotiated with the University to start their contri ... their four -year annual contribution in January of 2012. We don't think that we're going to need other bridge money. We've gone back and looked at our budget and decided that we can live with that for this first ten months. Um, if we're wrong, we may approach the City's Economic Development Committee for a little bit of help until that tax ... our tax dollars come back to the SSMID. Uh, we know that there are people who aren't for this, and most of them had said that it's really not about the idea and the concept of coming together and being taxed. It's really about details of the budget. We felt we needed to have a detailed budget to decide how much the levy should be, and to be accountable for our vision. So I hope those who don't like the mock budget will choose to apply to be on the board, be on the board and work to have the budget that they think is the best thing. But we need your support to make this happen, uh, we need your vote and the resources necessary so if you supply the votes tonight, on November 22 °d, and December 6th, we'll supply the tax dollars, we'll supply the energy and the work to make this endeavor work. We pledge to work hard to ensure success, but we need your votes to make it happen. Thanks! Wilburn: Thanks, Karen! (applause) Kubby: I forgot, there's quite a few people here, um, who own property or have businesses that will be paying the property, and if those folks could just wave ... that would be lovely! Thank you very much! Karr: Karen, do you want to ... Karen, did you want to give me that? Kubby: Oh, I do! (away from mic) Karr: Thanks! This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 16 Wilburn: Uh, as next speaker comes up, uh, I know that folks get passionate about their, uh, their issue and concern, but because of potentially the large number of people that are going to be, uh, speaking, if we could, uh, hold your applause, uh, or boos, to the end, uh, so that we can efficiently make it through the meeting! Nusser: My name is Bill Nusser, and I live at 508 River Street in Iowa City. Um, I own Hands Jewelers, which is the oldest retail business in the City of Iowa City. Having been established in 1854; we're 157 years old. I'm here both as a business owner and a property owner, but I wanted to represent bus ... business owners specifically since business owners will ultimately pay most, if not all, of the increase in a property tax, the position of which we are discussing tonight. My understanding is that the SSMID will provide the money to hire a downtown manager who will be charged with assembling and maintaining a listing of available downtown, uh, properties. Each property's individual characteristics, as well as properties that will, uh, come up onto the market in the future, uh, for businesses that want to locate in Iowa City. No such list currently exists. This, uh, SSMID manager would look at the downtown as defined in this proposal as one district, evaluate the opportunities, and the need for new businesses, uh, and business opportunities that would make the offerings of the downtown more complete and well - rounded. And, actively seek out potential businesses that match the identified needs, and proactively promote downtown, um, to these leads. To be responsible for the physical attractiveness and maintenance of the downtown, which will not ... the City, what the City is doing now currently will not change, but um, they'll ... uh, the City, the SSMID manager would over ... oversee this also. Uh, they would absorb the DTA and all of its functions, and act as a liaison between the businesses and property owners of this downtown area, and the City government, which I find to be very interested in the well -being of downtown. The downtown manager enabled by this SSMID would provide my business all of this for just a few hundred dollars more than what I currently pay for dues in the Downtown Association, and those dues would go away. The University of Iowa has added significant resources to this proposal in their offer to enhance the funding. I don't know of any other way that I could pay so little, a few hundred dollars more than my current DTA dues, and get so much value, especially with such strong support from the University of Iowa. I've heard many stories of businesses practically begging their landlords to support this project, and I've seen ... I've never seen businesses come together as they have with this proposal, not to mention to agree to a property tax increase that would be inevitably passed down to them. Likewise the support of those who would be... who would bear the largest tax bills, several entities who would be paying around $40,000 each have signed the request. It's both impressive and unprecedented. Given that a competent, charismatic downtown manager is selected, we as business owners have the opportunity to enhance our environment, our competitive standing relative to other shopping areas, and our individual and collective revenues from this specific proposal. It is my hope, uh, as the owner of Iowa City's oldest retail business that the Council will provide this tool to enhance our survival and our growth. I thank you. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 17 Wilburn: Thank you, Bill. Black: Good evening. My name is Dan Black and I'm here tonight representing Midwest One Bank, urn ... Midwest One Bank has made the decision to support this, uh, initiative and uh, I'll assure you the decision to voluntarily raise your own taxes, uh, really is not an easy one for any business in Iowa City, as it was for, um, Midwest One, but that's really exactly what we've decided to do. We've decided to support this ... this SSMID, uh, initiative. There're really several key, uh, reasons for doing this. We really believe that a collaborative marketing effort for downtown will, um, be positive for everybody, uh, all of...all of Iowa City. We also really appreciate that this is really a four -year, uh, term to this initiative, and that at the end of that four -year term there'll be an opportunity to evaluate, uh, and look at the results, um, of this initiative. Uh, further, we really do appreciate the University's, uh, contribution to all this. It ... they've really stepped up in this vein, and we certainly appreciate it, and um, again, on behalf of Midwest One I... I certainly hope you support this. Thank you! Wilburn: Thank you, Dan. Neades: Good evening. I'm Rebecca Neades with the Iowa City Area Chamber of Commerce, and I will be brief! Um, the direct, uh, impact of downtown revitalization on, uh, local and state economies is well documented. Investment in revitalizations creates jobs, uh, increases property values, and attracts tourists. Our downtown is ripe for more development, uh, retail and owner- occupied housing. Additionally, diversifying our portfolio offers protection from market swings and enhances downtown! On behalf of the Iowa City Area Chamber of Commerce and our Board of Directors, we ask you to please support this SSMID. Wilburn: Thanks, Rebecca. Neades: You're welcome! Parker: I'm ... (noise on mic) Wilburn: I hate when that happens! Parker: Hi, yeah! I'm David Parker. I live in Iowa City and I'm one of the owners of, uh, Brewery Square downtown, and I thought I'd just tell you very briefly about an experience I had with a similar, uh, district. Uh, a few years ago I bought an office building in Moline, Illinois, and soon afterwards, uh, I learned that a new tax district had been proposed, uh, for improvements and promotion of downtown. I was against it because I have paying taxes. Uh, as an owner I had an opportunity to vote on whether to establish this district. And I discovered that the district was somewhat controversial, uh, in the Moline City Council, and that there was a pretty good chance of stopping it. Uh, I could see, however, that our This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 18 downtown had a lot of problems that needed attention, but it seemed to me their existing property taxes ought to be enough to provide what was needed. But next door to my building is, uh, Lagomarcino's, a 100 - year -old ice cream parlor. Lagomarcino convinced me that the district was the only way we were ever going to get the improvements that we needed. Downtown had been neglected and deteriorating for decades and no amount of persuasion was likely to change the situation. I agreed to support the district and serve on the board of special service area #6. We were able to leverage our extra taxes with federal stimulus money, something like the way we'll be able to leverage this district with University of Iowa money, and today we've made huge improvements, uh, and we're doing a much better job of keeping the streets clean and a better job of marketing downtown Moline. Based on my experience in Moline, I'd recommend two things: first of all the SSMID board should have a meaningful role in running the district or else members will quickly lose interest. Second, care should be taken to make sure that resources are fairly divided between different parts of downtown. In Moline I noticed that some parts of downtown received more attention and interest from ... than others. The north and south sides of downtown Iowa City have different needs, and different levels of influence in the community. If we are to share a district, it's important that the north side is assured that it will receive a fair share of the revenue it contributes and any shared staff members work for the benefit of both areas. To summarize, I was skeptical at first, but the benefits of the SSA in Moline were worth the small tax increase, and I think the same will be true for a SSMID district in Iowa City. Thank you. Wilburn: Thank you, David. Cray: My name is Scott Cray. I'm one of the owners of the historic Paul Helen Building at 207 E. Washington Street. My partners and I purchased this fabulous building in 2003, um, one of the changes... we've certainly made some improvements to the building. One of the changes we've seen is that our, uh, property taxes on that building have increased from $68,000 to $106,000, a 56% increase, two and a half times the, uh, CPI rate of inflation. At a ... at the proposed $2.00 per 1,000 levy, we will see an increase of $5,200. So you know I keep hearing that the average increase is only a few hundred dollars per property, and certainly not for ours! Like most landlords, commercial landlords, our leases are triple -net and these additional taxes will be passed along to our office and retail tenants. As such, we felt the only fair thing to do was to survey our tenants and find out how they felt about this. We have approximately 12, uh, 12, uh, commercial tenants in our building. Out of the, uh, 12, only one came to us and said that they were in favor of this. We had quite a few oppose it, and a couple that we never heard from, either way. As such, we signed the ... against SSMID petition. Felt that was the only fair thing to do since it would be the tenant's money, not our money. Um ... brings up a great point. Many downtown offices and stores and restaurants rent their space. They can't sign either petition because they don't own it. It's only the property owners who can sign. So all of the properties that are ... that are managed and rented out, um, it's almost as if these This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 19 folks have no representation because they're not allowed to sign the petition to, uh to state what they want. According to the packet, which I've read very carefully, the number one stated priority is to hire a business manager who will serve as a downtown real estate expert, and help lease vacant space. Many of us believed that when the 21- ordinance passed, this would create a lot of vacancies downtown, with, uh, a number of bars closing. You know, to be sure there's been a little bit of turnover, some changeover, but the, uh, the vast number of expected vacancies has not occurred. Um, I think that's to the credit of our local realtors and developers who have done a tremendous job of keeping the downtown nearly fully rented. Um, as you walk around now, you're hard pressed to find a vacancy. We had one recently in our building. We had more businesses asking about it than we could accommodate. For some of them the size wasn't the right, square footage, the dimensions, uh, some of `em we felt weren't the right use for our building, but there are a number of businesses out there looking for space downtown that can't find it. Uh, because it doesn't exist. I asked some of the, uh, proponents of the SSMID, had some questions I thought should be, uh, should be addressed before, uh, before this is approved. Seems to me that if we're trying to solve a vacancy problem, we should know what our vacancy rate is. Surprisingly no one seems to know what the vacancy rate is downtown. How can we measure the results four years from now to determine if this is a success if we don't know where we were when we started. Over the four years, this is a $1.2 million plan approximately. If the hired manager completes six deals that wouldn't have otherwise occurred, we will have spent $200,000 per deal to rent that space. Seems like a pretty large amount of money. Number one priority, I believe, is trying to solve a problem that does not currently exist, and that is a vacancy problem downtown. The plan was very carefully structured to include the north side of the downtown, which also has very little vacancy. Ironically the area with the largest number of vacancies is south of Burlington Street, the south downtown, which for some reason is not part of the SSMID plan. Uh, yet that's the area that would benefit the most from, uh, a business manager to help rent vacant space. We feel that too much of the proposed budget is being allocated to payroll, benefits, and office space for the managers, out of the $300,000 budget or so, about $205,000 is being specified in the plan for these items, uh, I'm concerned that we will hire these people and have so little money for them to actually do anything that they're able to get done. In fact, only about $50,000 of the proposed budget is allocated for marketing, and as, uh, those of us in ... in retail know, that's less than many of us spend to advertise our small businesses each year. Um ... I have been told that if passed the SSMID board of directors will really be free to do what they want and they won't have to follow the proposed plan, or budget at all. Seems to me that before we pass this we should have a firm plan in place so we know where the money's going. I think the people that have signed the pro petition deserve that, uh, I'm not sure how they would feel about, uh, you know, signing a petition for a plan that's been put out there, and then having the entire plan changed after the fact. Um, if... if the plan can be changed, I mean, what, uh, what are we going to do with this? Uh, my partners and I are very much pro - downtown and we do feel that the downtown area would benefit This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 20 from a large number of improvements and beautifications, yet this plan provides very little funding for these items. We would support a plan, um, that was a little bit smaller and that focused primarily on aesthetic improvements to the downtown, on events, and included the southside of the downtown, since that's the area that really needs the most help. Uh, we would also, you know, like to see that the...the maximum contribution per property be capped at some reasonable level so you don't have some paying 400 and some 40,000. Thank you! Wilburn: Thanks, Scott! Sanger: Good evening, I'm Holly Sanger. I am one of the, um, Scott's tenants. Um, who will be paying taxes without real representation. I'm from Washington, D.C., so I guess I'm sort of used to that. Um ... I think what I'd like to say as a business owner is we're very dedicated to downtown. Our practice, Anderson, Arnold and Partners, has been in Iowa City for over 34 years. We have ... I'm really nervous! Sorry! We have 13 employees ... uh, we bring approximately 360 individuals downtown every week! That come to our business, not to shop, not to go to restaurants, but they use those facilities when they come down. I can't tell you how many people walk in with a cup of coffee, or tell me that they've just been down to one of the stores beneath us. It's very hard to run a business downtown, as I'm sure many of you know. There's a really fine line, a margin, that makes it feasible for us to stay downtown, and our concern is that our ... is that it will become prohibitively ... prohibitively expensive for a business like ours to stay downtown when our taxes go up. Um, again, we very, very much support a vital downtown. Um, my office is on the corner, and I see things down there all the time that make me wonder why anybody would want to come downtown, so I do believe that we need to do things to make downtown a more family - friendly place, to make it a place where people feel comfortable, and I just wonder if this is the right way to pursue this. So, thank you very much! Wilburn: Thank you, Holly. Bennett: Very briefly, I'm Astrid Bennett with Iowa Artisans Gallery. I didn't plan to speak tonight, but I'm the largest retail tenant in the Paul Helen Building. I have been interested in the SSMID from the first go- around. I don't have a voice in this in that my rent, my tenant ... as a tenant, my landlords are not, uh, in favor, but I would like to, uh, encourage all those who are, uh, not in favor to participate in the SSMID process, in the board, should it pass. We welcome the voices of everybody who have concerns, uh, the collaborative process is important. I want to point out that in downtown, we have mostly non - franchised businesses. We are mostly small business owners. We don't have a corporate office making our marketing decisions... somewhere and paying retainers to do that for us. We have to do our own marketing. That's why it's really important that we band together to tackle this as busy, small business owners we wear many hats at the same time. We don't have the time ... we don't have a marketing department. We have to This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 21 make the best use of our time, and our energies, to collaborate together, and that's why, uh, a number of us are very excited about this proposal. Thank you. Wilburn: Thank you, Astrid. Anyone else care to speak at the public hearing? Anyone in the lobby that wants to speak to the public hearing? (bangs gavel) Public hearing is closed. b. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Karr: Motion to accept correspondence. Wright: So moved. Bailey: Second. Wilburn: Moved by Wright, seconded by Bailey. All those in favor say aye. Opposed. Approved unanimous. I'll entertain a motion. Mims: Move first consideration. Wilburn: Moved by Mims. Bailey: Second. Wilburn: Seconded by Bailey. Discussion? Wright: We've had conversations about a SSMID off and on for as long as I can remember for downtown Iowa City, uh ... the nice thing about a SSMID is that this is self - imposed, as someone pointed out, it's a self - imposed tax, uh ... I understand that not everybody is in favor of this, not everybody is fully represented but I would encourage you to, uh, if this goes through, to follow Astrid Bennett's advice and get on the board of the SSMID. Nothing is set in stone at this point. This is ... this is a baby organization. Um ... I ... I think this is a, going t be a win for downtown Iowa City. We have a strong downtown at this point, um, a SSMID well established and well run is probably going to reap benefits that we don't really, uh, that we can't even foresee at this point. I ... this has my wholehearted support, urn ... I know there are some businesses that are supporting this that are on razor -thin margins, and that says a lot right there, that folks that aren't reaping tons of money at this point, it's not the best economy in the world, think that this is really going to be a good investment for their business. Mims: I would agree with you, Mike, and I think that one of the things that I like about it as well is that there is, this is for four years, and so uh, basically people have, that are behind this and the people who get involved in it, um, you've got four years to prove it to everybody else, that this ... this tax really is worth it, um, and as others have said, for those who, at this point are not supporting it, assuming this is ... is, This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 22 does go through, uh, again I would encourage you to get involved, um, it's going to be your ... your tax dollars as well, um, so that you have some say -so in how it's done and hopefully, um, get the biggest bang for the buck for everybody, um, to help our downtown, so I will be supporting it. Bailey: I've been really impressed with how, um, downtown business owners as well as property owners have come together in support of this. Um, you've worked very hard. You have a very clear plan. Um, the words that Astrid talked about, the marketing part of it. These small businesses, you're right — you don't have marketing departments. Coming together collectively to do that work makes a lot of sense, I mean, it uses, um, the collective energy, the collective funds, and I think we have a great downtown and north side. I think it's going to be so much better with this, um, this plan and this SSMID, and I am very, very supportive. I really also appreciate the work that you've done with the University. Really glad to hear that you're not coming initially to the City for bridge funds! Although I understood the reason for that, but um, that to me says a lot about the commitment here, that this can happen and you want to make it happen in January, and I think that that's just great! So, I'm very supportive of this. Wilburn: Over the years that I've been on Council, we've looked at several other cities that have taken advantage of this tool that um ... that a community can use to improve itself, and um ... I was supportive years ago when this was attempted, and what I see in front of me now is a, um, well thought out, well crafted, uh, well researched, and uh, a participatory process with the organizers reaching out, uh, to other businesses, um, I'm sure in, uh, discussions there was talk about the City and what the City has or has not done, but I think, uh, in the end people recognize the investment that was mentioned earlier, that the City government has done, um, with your tax dollars and this is about, uh, services and opportunity to capture that revenue, targeted at a specific area. Something that is going to benefit all of us. Um ... the other piece that I could add, I .... I agree, just want to personally on behalf of Council thank the University of Iowa for, uh, the commitment, uh, to, um, you know, the involvement and ... and for allowing, uh, the leveraging of this opportunity to come forward. It is four years, um, get involved, and let's see if we can make it happen! Roll call. Um, passes 4 members in the affirmative. Hayek and Champion abstaining due to a conflict of interest, and Dickens absent. Should I reflect the conflict of interest too or... Dilkes: I think so. Wilburn: Okay. And Dickens conflict, uh, of interest. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 23 ITEM 8.a. HEARING PURSUANT TO CITY CODE SECTION 10 -1 -5 ON OCCUPY IOWA CITY'S APPEAL OF THE TERMS OF THE PERMIT ISSUED FOR THE USE OF COLLEGE GREEN PARK. Hayek: Um, this is a hearing to take up the appeal of the permit that the City issued. Um, given the organization of the ... of the group, um, I think the appropriate thing to do is to allow for what essentially would be a public hearing, and ... and permit people to come to the, uh, podium. Uh, and if you sign in and state your name, and provide your comments to the City Council. Um, unless there is a designated representative of the group. My assumption's that multiple people want to address us, and that's okay. I don't know how many of you wish to speak and if ... and if there are lots and lots of you, uh, we may end up needing to shorten the time a little bit to accommodate everybody, um, but we'll start out, uh, with a five- minute limitation, but I would ask you to try to limit your comments as much as possible and not go over territory covered by other people so that we can get the full breadth of the arguments at hand. So... Crowdes: Good evening, Mayor, City Council; my name is Zach Crowdes. I'm here speaking on behalf of Occupy Wall Street. Uh, we were requesting to modify a certain... Karr: Excuse me, could you please sign in so I ... just for the record so I'd have the proper names and spelling. Thank you. Crowdes: I apologize. It's my first time doing so. Um ... we're requesting to modify, uh, allowing for larger tents than what the permit has restricted it to. It's currently a six - person tents and smaller. Uh, they would like larger tents down there. And also Occupy Iowa City would like to, um, the permit indicate that it can be renewed at the end of its four -month term. Uh, in regards to the permit just in general, there was a question as to whether it's even necessary. At the top of the application for the permit, um, there's a note that says a permit is not required unless the group is using a park, has more than 100 people in the group. Uh, right now Occupy Iowa City number is somewhere around 25 I think, and so they are far under that number of even needing a permit. Out of respect for the City, out of respect for the community they have gone through the permit to try to be legitimate with it and make sure they've complied along the way; however, I don't think that that is necessary that they even need the permit, and if there is no permit then there is really no tent restriction. Uh, therefore, the tent size is almost irrelevant if there is no permit to restrict the size of the tents. And as far as the tent goes, the main thing they want to do is just be able to put up a tent, uh, to accommodate their assembly, to be able to have the meetings there, because with the winter coming, it's going to be very cold. Uh, they would like to ensure they have this right to assemble; that, uh, be able to keep warm, protect themselves from the elements. Uh, and to have ... so far they have been respecting what the City's requested. They've been moving the tents about every three days. There are some renovations going on down there as far as lights are concerned. They've This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 24 been, uh, moving out of the way and allowing for those to be done. So far is there any questions? I guess that's all I really have to say so far. I'll let more of them speak. Hayek: Thank you. Crowdes: Questions? No? Hayek: Doesn't look like it at this time. Thank you. Hoffelt: Uh, good evening, my name is Steve Hoffelt. I am an occupier in College Green Park. Um, we are here to, um, discuss, and I'm sure hopefully everyone will get up and be able to do it who's with the Occupation. Um, why we're here and why we are appealing the, uh, permit. The big thing is that, you know, we want to be there in the park, uh ... we have a right to assemble. We have a right to free speech. We are exercising those rights, and we want to be warm and safe while we do it. Uh, we were presented with a permit, a sample permit, by the City of Iowa City, uh, that we brought to our general assembly. I don't know if you all are familiar with how we work. Everything goes through a general assembly process. We work on a consensus basis. It is 90% consensus, uh, to approve anything. We went through the permit. The general assembly approved the permit. We filed an application, and then we received something that was very, very different, and every time we've, uh, communicated with the City, and the City has been very good about stressing the need for an open and on -going dialogue between the group and the City. Every time we hear from the City, the restrictions seem to get tighter and tighter and less and less. Um, the things we wanted to talk about in duress ... ah, excuse me, address directly, uh, we were concerned about no people, uh, something that was added to the permit, uh, no persons being allowed in the north and west quadrants of College Green Park between 10:30 P.M. and 6:00 A.M. Uh, that's when the park is closed. The reasons stated, uh, was that the park needs to be open to the public during the hours the park is closed, uh, which we didn't understand, so we wanted to clarify that. Uh, our peacekeepers ... we have peacekeepers that work throughout the night to ensure the safety and security of our park, are we then responsible? Is the City responsible? Are there going to be, uh, police officers to make sure there's no one, uh, in that portion of the park overnight, and if there is someone in that portion of the park, uh, how are we to determine whether that person is a member of the Occupy Iowa City movement or not, and we would need clarification on that, uh, going forward. Um, the second thing we wanted to talk about was no structure of any kind shall be built on College Green. Um ... I'm sure people have seen it. There was a little temporary structure that went up and then came down. Uh, as a point of clarification, that structure was, urn ... the result of some very enthusiastic and well- intentioned members of our organization, but it did never pass. It never passed our general assembly. Uh, the group never endorsed it, uh, so we actually took it down before the ... the City requested. Uh, however we were told during the, um ... application for the permit process, and as we were This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 25 discussing it, uh, Tom Markus, City Manager, and Mike Moran, the Director of Parks and Rec, actually came to a general assembly and discussed with us at length what we would be allowed to do, and uh, we were told that, uh, a temporary structure that was movable, just like the tents, um, that did not require a building permit to construct would be okay. Um, now the one didn't pass general assembly so we took it down, but we were given cease and desist orders, and as the restrictions have tightened again and again and again with every communication with the City, we would like clarification (coughing, unable to hear) what exactly we can do to keep ourselves safe and warm over the winter. Uh, if we ... take some tarps and use them and some bags of leaves to insulate our tents so we can sleep safely at night is that going to be considered a structure. Uh, you know, if we stand some pallets on end against each other and put the bags of leaves within that to give it a little rigidity or use bales of hay, will the City then consider that a structure as things have gotten tighter and tighter and tighter with every communication. So we definitely need clarification on what that entails so we can plan and we can be safe over the winter. One of the new, uh, restrictions that was added that tents that sleep six or fewer people are not allowed. This is another thing, as things get tighter and tighter with every communication from the City. We talked with Tom Markus and Mike Moran and, uh, we have been donated, it has been given to us to help keep us safe and warm over the winter, a 10 -man tent, uh, that we could put up. It's actually an arctic tent. It's for cold weather. It is designed for this, uh ... it was given to us; a very generous donation, and we had talked with, uh, the City about putting it up after the ground freezes. It's a ... as a 10 -man tent it would be difficult to move every four days as we do our other tents to keep the grass ... so one, uh, from dying. So once the ground froze, we would like, uh, an exception to be made on the six -man tent rule, so we can put up our 10 -man arctic tent to stay safe and warm. Um ... the general assembly had no problems with, uh, the provision being added and no tents are allowed on the north and west quadrant of College Green Park. We feel that is perfectly reasonable and acceptable. Uh, it is a public park; it needs to be open to the public and we recognize that. Uh, the one last thing, there was no indication, uh, that the permit can be renewed on the permit that was issued. The general assembly asks that, uh, the initial ... the last provision of the permit we were given said that at the conclusion of the four months we could ... it could be renewed upon reapplication, and this does not say that, due to, uh, "projects" in the park. Uh, we've already been dealing with projects in the park. The new lighting is going in. We've made sure to go out of our way. We talk to the workers every day to make sure that we are out of their way, that we're ... that their machinery can go wherever it needs to go and they can do what they're doing, uh, so we would like the ability to renew our permit. Thank you very much. Hayek: Thank you for your comments. Zelsnack: Hi! My name's Billy Zelsnack. I live on South Lucas Street. On Friday submitted an appeal to the City Clerk with regards to the granting of the Occupy Iowa City permit. My appeal was based upon the City granting the permit This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 26 without following its own ordinance requirements. Page 4, number 14 of the permit process states, the applicant is legally competent to contract and to sue and be sued. The permit was signed only Occupy Iowa City, and that obviously does not fit the requirement of the applicant is legally competent to contract and to sue and be sued. I believe the willful and deliberate ignoring of this point by City staff and the granting of the permit puts the City and, therefore, its taxpayers at the risk of great liability. Because the City is ignoring the rules of its own ordinance and not requiring Occupy Iowa City to be the responsible party in the event of a liability, that liability would fall to the taxpayers of Iowa City. Because the City has taken on the liability of the group, it therefore now has a responsibility to ensure the safety of the group for the winter. Surviving the elements in sub... sub -zero temperatures is not a trivial or inexpensive task, but now I'd prefer City resources spent on the group's safety rather than someone getting hurt and then having their parents sue the City for several million dollars. Thank you. Hayek: Thank you, sir. Eicher: My name is Charles Eicher and I'd like to read a statement that I previously submitted to the, uh, City Clerk. Uh, to the Iowa City Council and all citizens, my name is Charles Eicher. I currently reside in Coralville and work in Iowa City. I was born and raised in Iowa City, graduated from the University, and my family ran businesses in the city for over 50 years. I'm an occupant. I'm active in the Occupy Iowa City movement and I ... but I speak as an individual and not on behalf of the, uh, organization. I urge the City Council to remove their restrictions on the Occupy Iowa City movement. Our general assembly spent many hours working within their democratic structure to reach an agreement with the City only to have unelected bureaucrats unilaterally impose new restrictions that threaten the health and safety of our members. The City was notified in advance that this was an indefinite occupation. In response they explicitly acknowledged our right to occupy the park as a spontaneous assembly and that our camp was an expression of our right to free speech. Some occupants were incensed that the City believed they had authority to grant us federally protected rights under the Constitution, and I agree . We negotiated with City representatives in good faith. The City Manager offered permit terms specific to our occupation, and said that the City would grant a permit with those terms if we would agree to abide by them. We acted in the spirit of those terms, even if...before we voted to accept them, but we were surprised to receive a different permit with highly restrictive terms that place limits on our expression of free speech. They denied us any shelter that will be necessary to assemble in winter, and removed language that allowed us to renew the permit. The City Manager came to our general assembly and said that he respected our democratic process and asked us to respect the city government process. He also said that our acceptance of the permit would give the City relief from pressure by our political opponents. They would be able to respond that we were operating under strict permitting rules and not grounded... granted any favors on account of politics. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 27 But it now appears that the City Manager and the Department of Parks and Recreation has caved in to political pressure and implemented rules that will make our movement impossible to continue through the winter. We acknowledge that we must be respectful of the historic College Green Park and are conscious that we are adding to that history. Our support within the community is strong and our... and our neighbors are strong. I urge you to release Occupy Iowa City from the unreasonable restrictions imposed under this permit. Now in addition to the statement I'd like to, uh, state that I've worked closely with the ACLU and, uh, Attorney Zach here and uh, we've had extensive discussions regarding the fact that, uh, a permit is not necessarily required and that we went to extreme lengths to work with the City in good faith in order to assure that we would be respectful of our community, and uh, I do endorse his philosophy that we do not need a permit, but we have gone to, uh, great lengths to work with the City, only to be disappointed in their response and we would like to, uh, be released from the new restrictive terms of this (coughing, unable to hear). Thank you. Hayek: Thank you, sir. Hudson: My name is Tom Hudson. I live on Muscatine Avenue on the east side of Iowa City, and I'd simply like to address the fact that through our general assembly process, we did take into consideration what Tom Markus and Mike Moran stated the night they came out to speak to our general assembly. Um, I've had pretty good communication with Tom Markus, and little with Mike Moran, but through that communication, even at one point Tom Markus said, "What's the point ?" You know, there's no problem with some 2 X 4's with a tarp over it, and then within days we receive a permit back from his office with much, much more restrictive access to what we can and cannot do. I feel that our general assembly came to a consensus to go along with the City and be a part of the permit process that the City asked for, because of the statements that were made by Tom Markus and Mike Moran. It seemed like they ... they told us what we wanted to hear, to the point that we would go through that process, and then once going through that process, many more restrictions were put on us. I'd just like to address that because I know that it took our group ... there were a lot of people opposed to going through the permit process. But out of respect for the City and respect for those regulations we chose to do that based on the information that they presented us. After receiving the permit that we received, which was much, much different than the permit we applied for, I feel that that was a step back in good faith, that ... that they not only ... I don't want to call it manipulation, but I just feel that they came at us with, you know, what you're doing is okay, this would be okay, this would be okay. Oh, great, now they signed it! Here's what you got, which was definitely not the conversations that we'd had up into that point. I just want to make that aware (laughter). Hayek: Thank you, sir. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 28 Hyde: Good evening, Council. I'm Ant. Um ... I live on this planet. I'm not a resident of any town, city of the United States, but I was born and still am a citizen of the United States. I come to you not seeing you as a city council, but seeing you as members of this community. This great community that we live in as the United States. The simple thing is is that ... we have grievances. We have amendments that were fought for by our forefathers. There are issues that we would like to discuss amongst ourselves in this city, with the community of this city. We don't want to be restricted. We want to be safe. We don't want to have to run around hoops, because we're already running around hoops. Our permit is the First Amendment. We're not camping. We're educating ourselves with the issues that are going on amongst this ... amongst the globe, amongst every human being that exists on this planet. This is the Constitution. This is what our forefathers fought for. This is why we're here. We're not here to delegate campaign people or support anyone. We're here to support you for your individual rights to live peacefully and have a conscious, safe mind. Thank you very much. Hayek: Thank you, sir. Percy: Good evening. My name is Ozur Percy. I'm not one of the protestors, urn ... I thought it would maybe help to shed some light on some of the issues. There is a sense of betrayal. I don't know ... I'm not familiar with the internal workings of your city, but the people who are upset at the city are getting two different messages and the City Manager and the Parks Manager were out there, talking with the protestors. I happen to attend that meeting and all kinds of promises were made; uh, they were pretty much told that `if you sign this thing you can do whatever you need in order to continue your activities.' Now if that's not what was told, we need to know that, because that's the impression that the people who were at the meeting received. There was lengthy discussion (mumbled) to sign this (mumbled) and in the end it was decided to sign it and that's when the City's (mumbled) changed drastically. So if there's a miscommunication between the various parts of the City, uh, that needs to be resolved and ... but you need to address why a lot of people now feel like they are being betrayed by the City. Why ... one thing was promised and another thing was in the end done. Your attorney has written a response to the objections to the appeal. One thing mentioned there is liability issue, saying that these people are not a legal entity, and therefore they cannot buy insurance, therefore there are problems with any kind of a structure, including a larger tent. At the meeting I asked your City Manager twice whether the fact that Occupy Iowa City's not a legal entity was going to be a problem or not. He is on record, this is on the internet. You can log on, or you don't even have to log on. You can listen to it on YouTube. He responded twice that he checked with the City Attorney and was told that it was not going to be a problem. Now that is used as an excuse to prevent these people from setting up even a larger tent, the fact that they are not a legal entity. That's the discrepancy that needs to be resolved. Your City Attorney has, uh, quoted, I don't know, some case probably a Supreme Court, uh, case saying that the First Amendment doesn't guarantee, uh, the people's right to use public space or some This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 29 such thing. I don't think that's for a city attorney to decide these issues, being discussed at the federal level right now there are some legal (mumbled) and New York City, uh, it's ... this is a new thing. It's too early to dismiss anything on those grounds. It has been mentioned before that there was, um, voices against the signing of this document. I was one of the ... of those voices. I tried to talk these people out of signing this document, but they are bending backwards. They are going out of their way to accommodate you. They were told that you needed this in order to (mumbled) some political pressure on you, that you were getting lots of phone calls. Your City Manager told us that, and that you needed this permit. You weren't ... they weren't told that they needed this permit. The ... the wording was the City needs this permit; sign this and you'll be able to continue your activities. They signed it; now they're (mumbled). You need to resolve this. We are hearing two different voices. The City is not being, uh, loyal to its own (mumbled) and you are coming across as cheaters. So we need to resolve that, and you need to decide which attitude is your right attitude, but the attitude that you displayed before the signing or after the signing, so people can react accordingly. Thank you. Hayek: Thank you, sir. Heck: Good evening. Mr. Mayor, distinguished Council Members, and uh, administrators of the City. I would just like to make a few comments, uh, as a person, resident, since July 1983 in the city, that I love very much. Hayek: I'm sorry to interrupt. Could you give us your name, please? Heck: I'm so sorry! Wrote it down and forgot to give it to you! Hayek: It's all right. Heck: My name is Mauro. M- a- u -r -o. Heck. H- e -c -k. Hayek: Thank you. Heck: And I would like to speak in behalf of myself, not as a representative of the group which I am also part o£ Uh ... like the lady earlier, I'm very nervous as well, so I'm going to do something here to trick myself into relaxing, and you might have seen some people doing this. Do you know what that means? In our meetings we don't go "Yeah" or "Boo." We go like ... or ... like that so I would like our members to go like this so they show themselves they are, so it's just a matter of, um, the way we convene, and some of you are probably not familiar with that. Um, I would also like to, um, first commend Mr. Markus and uh, Mr. Moran for coming to a very cold night to our meeting, and uh, some of the, uh, other speakers have referred to, uh, the confusion that has been created in regard of what was said, what was understood, the spirit of the meeting that we had, a public meeting at the park, and as a matter of fact, if you Google that name, my This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 30 name, you'll find the videos recordings of that meeting in which Mr. Markus and Mr. Moran, uh, spoke. Not all of it, but a good portion of it. Uh, there's three videos there, and I strongly encourage you to review those, um ... um ... so one of our big concerns is what is going to happen when the temperature is 16, 20 below zero out there. Um... so I would like to, uh, say that I think there's a lot of room for us to sit down with the City administrators, managers, City Council, whoever to try to work things out. We do feel that the way things came down from the City was sort of a heavy -hand that was totally away from the spirit of the meeting that we had that night at ... with Mr. Markus and Mr. Moran, um, so in that regard, I have to say that a lot of anger was created by that. A lot of disappointment was created because what we as a consensus had thought was said to us had really little to do with what was presented as ... as a reflection in the permit. So I really don't have much else to say because most ... most things have been said, but I would like to just say that I think as a member of the group, I would like to, uh, be treated fairly, respectfully as we all (mumbled) and uh ... excuse me ... and I hope that, uh, we open a dialogue with the City. They have been very helpful. The day I called, uh, the people in Cedar Rapids to see if we can get a Port-a- Potty, and say, we'll bring it down, say wait, wait, wait a minute! I got to check this with the City. So I called Mr. Moran's office and five minutes later he called me back again and said, yes, go with it. So you know it's that kind of communication, dialogue that we want to have. We want to work with the City. We know that you are not against us, and we are not against you, so why are we having a "fight" and that's what really (mumbled) developed within the relationship that we feel at least. So, we want to change that, at least that's my perspective. We want to have a dialogue and we want to work things out. We do not want anybody out there getting hurt because it's too cold, freezing feet, freezing hands. So, we want the City to work with us on this. Thank you. Hayek: Thank you, sir. Watson: My name is Victoria Watson. I have three different residence in Iowa City, namely College Green Park. I'm a ... also extremely nervous. I apologize if I stumble. Um ... I want to ... first say I'm not going to try to reiterate any of the points that we have already discussed. I think you kind of get the point, and thank you for speaking, um, as members of Occupy Iowa City. I will again say that I am not a representative of our group. I am speaking on behalf o myself. I ... first want to say that, um, all the funds that are used to winterize our camp are donated from the community, and um, none of the funds come from the City. Um, we do have a wide group of support in the community, and I think that you guys should see that as well. Um, I don't want to get into the details of what we actually are doing at the park. I would first and foremost suggest that the restrictions that, um, have been implemented on our permit be lifted because I believe that they are a violation of our First Amendment rights. And um, personally, my story is I am ... I've been living in Iowa City for the last six years and I have worked in mostly ... and I'm kind of addicted to it. I love to work. Currently I have three jobs. I work 70 hours a week and that is a lifestyle that I enjoy. There's a lot of This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 31 people in this world that cannot do what I do. So what I do is I donate an additional 30 hours of my week to help people at Occupy Iowa City and I think that what we need more than anything is a place and that is Occupy College Green. Occupy College Green is our place to help the world. First off, helping Iowa City, but I have to say that in order to help we need a place and we need to be warm and safe, and I think the City is starting to take everything that we're working so hard for away from us. Hayek: Thank you. Roethler: Hello. My name is Eva Roethler, and I am one part of Occupy Iowa City. I urge the City to accept our appeal of this permit, which was signed as a gesture of cooperation with our community. I think it would be ill advised to take away the provisions, uh, which we valued upon signing. We thought we had the support of our community and I think we considered ourselves lucky in comparison to our brothers and sisters at other occupations. I don't want to see our relationship with the City be tainted by the post -fact alteration of this permit. We ask that the modifications with ... which interfere with our ability to stay safe and warm be removed. I'd like to see the Cit collaborate with us on ways to stay warm through the winter, and restore our good faith in our local government. Hayek: Thank you. Clark: Hi, my name's Alison Clark. I have lived in Iowa City for about three years and I moved here because I like it here. And, um, when we found out that we were going to be able to get a four -month permit, we were ecstatic! We were so excited that our community was being so supportive. There are other occupations that we're standing in solidarity with that are struggling to get a permit at all. So, we were thrilled and we were so proud to be in this community where we could get this, and now these restrictions that are not going to allow us to stay safe? It's a passive- aggressive way to tell us to go home! And I resent that a little bit. Um, I don't think (laughter) that you can take away our safety after giving us permission to be there because it just ... defeats the purpose of the cooperation in the first place, and that's all I have to say. Hayek: Thank you. Hurley: Hello! My name is Anna Hurley, um, I've been raised in Iowa and I moved here for college and now I live and work here in Iowa City. Um, when I heard about the Wall Street protests I was very interested because there's a lot of important dialogue going on. Um, and then when I heard the other members of my community wanted to get together and continue this dialogue with individuals, with other community members — I was very pleased. Um, so I started participating with Occupy Iowa City, um, at a very early date. Um, and there's a lot of important dialogue going on there ... that I haven't seen go on with other... other groups — non - profits, student organizations, things like that. Being in a This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 32 community space, in ... in a very open community space, has been very helpful, I think, to the dialogue. Um, I have been able to direct people in the community, um, downtown, at the University, other people I talk to, at the grocery store, um, if you have questions, just go talk to them. Um, there's always someone at the park, and with the permit we've been able to have a very good communication with the City, um, for us to be able to be there safely with the City, and it's ... it's an expression to the rest of the community that, no, we're going to be non - violent; we're going to be peaceful. We are ... we are members of the community. We're all individuals there, um, that we are there to promote dialogue about issues in our country, um, and so there's... being in an open public space has enabled us to stay free from, um ... groups that would like to ... to bring us into theirs, um, political groups, other things like that, that we want to stay separate from because they're a part of the system that is ... has become a problem for a lot of citizens. Um ... with ...with this permit, um, the general assembly went through it; individuals... we, we approved it, things like that. Um, and then to see...it...it amended without, um, us to look at it, um, I think that needs to be ... that process that was done needs to be revised, um, because we would like open communication with Iowa City (coughing, unable to hear) the Council and everyone, um, so please let us continue this dialogue. Let us remain safe at the park. Um, I know there are concerns about, um, insurance or safety or things like that but um, that is ... I guess still an issue for parents who take their children there to the park, if they fall off the swing, um, because we have banded together, um, I've seen people in the community help out, um, come to the park, um, like everything... everyone's banding together to main ... like maintain a safe space. So I would just like to see that continue. So thank you very much. Hayek: Thank you. Harper: Hi, my name is Nick Harper. I am a second year law student at the University of Iowa College of Law, and I reside in Iowa City at, uh, 515 E. College Street, about a half block away from College Green Park. Uh, I am a supporter of Occupy Iowa City and I've attended several of their general assembly meetings (mumbled) I also do not speak on behalf but as an individual. Um ... as a law student, uh, some of the things that I'm going to be saying may seem cold and calculated, um, and that's probably because they are. Um (laughter) uh, many people who have spoken so far have been concerned about the discrepancy between what was said at the general assembly, the permit that was submitted, and the permit that was later, uh, accepted, um, and I'm not concerned with that. As far as I'm concerned, I will assume that it's all miscommunication and misunderstanding because we are all human beings and we know that that happens... quite often. Urn ... my concern is ... um, that as others have stated they would like to be able to build some kind of structure, um or to put up an arc... arctic tent, um, in order to stay warm. Um, if for some reason the Council decides not to, uh, modify the permit to allow these things I would at least suggest to the Council that they modify the permit so as to allow Occupy Iowa City to apply for or to uh, negotiate alterations to the permit or negotiate with the Parks and This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 33 Recreation Department in order to ... uh, apply ... to be able to build those things. I know that the, uh, City Attorney has noted that if the Council wants to allow that, um, there are certain restrictions, um, such as being a legal entity, um, having insurance or proving that you can't afford that insurance. Um, but as the permit states right now, it simply says that no structures shall be built, and I would suggest that the permit includes no structure shall be built, unless it has been approved by Parks and Recreation Department and the Council. Um, in addition to that, uh, the new provision that states that additional conditions may be reasonably imposed. Um, I understand why that's there. That's a catchall. It's a safety net. Um, but I would also suggest that also includes the provision that any new imposition by, uh, the Director of Parks and Recreation can be appealed, um, individually, um, rather than, um, the City Council saying you've already appealed once; you can't appeal again. Uh, if anything new comes up. Um, I would hope that the City Council knows that they can appeal those individual changes. Um ... those are really my main concerns, um, and I hope that the City Council will take those into account so that even if the Council does not accept, uh, the most preferred option that I know many people are wanting, um, they will at least alter the permit so that we can continue dialoguing with you in order to, uh, let both parties win, let the Council be able to stay, uh, loyal to the ordinances, as well as letting us, uh, continue to occupy. Thank you. Hayek: Thank you, sir. Would anyone else... Henryson: My name's Sara Henryson. I live in Iowa City. I'm 66- years -old. I'm not occupying. Um, but I've spent a lot of time with these people and they're just really responsible, good- hearted, well - motivated people, and I would like to see the City stand back, or step forward and help them do what they're trying to do. (mumbled) Group: This is what democracy looks like! Hayek: Thank you. Gravitt: My name's Mary Gravitt ... excuse me, and I'm a citizen who lives here in Iowa City and I've been sitting out. I came to see about number 10, but I ... just sitting out there I became very disturbed to see that we in the United States sit over here and talk about the heroes in the so- called Arab Spring, and when our children and our people rise up, the two confront this system. We want them to freeze to death. We want them to go home. We want to be just as mean as Gaddafi was supposed to be. Mubarak was supposed to be, every one of those dictators in the Middle East. So by not providing for these chil ... I'm calling `em children cause they ... at my age, most of `em are children ... to have ... and there are our fellow Americans. They're our heroes. They're our loved ones. This is ... I heard the President and everybody talking about heroes. Our dead heroes. Our live heroes. Our heroes serving. A hero is somebody's father, mother, sister, brother, that's their family and they're out there fighting. They have a cause to fight. They're This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 34 fighting the system right here. They deserve to be warm, cause that's a human right. They deserve to be warm, and they deserve to be taken care of, given their permit, treat them fairly, or we gonna have to resort back to the 60s? Marching and crying and begging, and suing. So, you know, this is ridiculous. I'm too old to be out in the park with ... but I'm with you in spirit. Thank you. Hayek: Thank you for those comments. (applause) Tuite: My name's Dennis Tuite. I'm (mumbled) Coralville. I came over here because 1, uh, I'm in favor of what these guys are doing and seems to me from what I've heard, at the root is conflict between the permit that you've issued was accepted, signed, and received back, and the liability that all of you will take in the event that come wintertime somebody gets frost bite out there on their toes or gets injured somehow, somewhere. Now ... these people don't strike me as extremists, but they feel something in their bones ... about what's going on, well, globally as far as the economic turmoil and how it's influencing unduly what's happening in, uh, governments around the world. And, personally I feel it too. These are not extremists! They are ... they just feel something in the bones ... in their bones that they need to protest. They need to do something to do some sort of activist, uh, activity, and go into New York City to occupy out there, well, it's a hard commute! So, allowing them to do this here is the right thing to do. You accepted the permit. It was signed, agreed to, but understandably if someone gets hurt, taxpayer dollars are going to ... perhaps go to the wrong person who got hurt under the wrong reasons because they did something stupid. So ... work with these people. They ... they're not ... they're not coming in here with guns or going out there with guns. Cause they're actually very moderate. They just feel something in their bones, and if you just ... make some sort of concessions and they have to understand that, yeah, we're trying to keep everyone safe here. I know that you are... but... just work with them. I think it'll work out, but don't just shove things down their throats and say you're going to do it this way and that's just it. Talk with them. These are very...well, responsible and are reasonable people from what I ... a little bit idealistic, but ... but yeah, there is a liability issue here. So, I mean, after you just... continue the conversation with `em. I think you can come to a reasonable understanding. That's all I have to say. Hayek: Thank you. Marazzi: Hello, my name is Farrad Marazzi, um, I've been a resident of Iowa City for four years now. I'm a graduate student at the University of Iowa, uh, anthropology. And to date I've probably taught maybe 960 students, um, in introductory courses, but um, I just wanted to extend an invite to people who don't really understand what we are about. Obviously I'm speaking for myself, but what the occupation is about. Um, I've had really meaningful moments at College Green Park, um, I'm from Zimbabwe, so you know, Zimbabwe is a dictatorship so one of the promises, uh, of ... for coming to the U.S. was, you know, there's a place This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 35 where you can be able to, you know, represent yourself or at least have a, um, your points of view heard out there without much repression, uh, with protections that, um, are ... come as part of what, you know, rights people have by, um, being people, um ... um, so I wanted to extend to you guys to ... to come to the park and be part of our discussions, um, I (mumbled) talking about human rights (mumbled) 11:00 P.M. um, I was part of the principles committee, which is, you know, one of sus... sustainability community (mumbled) peacekeeping committee, um, and many more, um, but we were talking about human rights and trying to, um, endorse the universal declaration of human rights as part of the principles of, you know, Occupy Iowa City. Um, and I mean, it was kind of, you know, oh inspiring, amazing how all these strangers who, um, never knew each other suddenly had this platform, um, this park, uh, where we can actually express ourselves and meet new people, share ideas, uh, get inspired. So, um, I feel like, um, obviously the winter is coming and I feel that, you know, obviously everybody has had dwellings which are houses but ... and um, everybody has had concerns but the ... the fact of having that park has been a very symbolic thing as far as, you know, urn ... us being able to have something to talk about so, you know, I ... I have a very comfortable house, but I've been living at College Green Park since the second day of the occupation. For me part of it is, you know, trying to get beyond what we think, uh, the comfortabilities that this society and, you know, has had, um, and sort of takes for granted, so part of my living in College Green Park in a tent is just to show that we don't need all these comforts, but at the same time, you know, just, you know, being able to (mumbled) things (mumbled) to be able to talk about what's important so, um ... I feel it's important that you consider, um, our, uh, being able or allowed to have the park as a safe space, as a place that we can be able to express ourselves, represent our politics or points of views or, you know, feelings, whatever, um, in ... in safety. That's what I wanted to say. Thank you. Hayek: Thank you, sir. Alamahoe: My name is Andrew Alamahoe. I've been tangentially involved with occupy, and uh ... I'm not going to pretend to know anything about any of your incomes, but Mayor Hayek and City Council Representatives, I don't think that anyone's going to hate me if I say we'd like to see you come out and join us. We know you're probably part of the 99 %. Goes with the... same goes with the Police and Fire Department. This is not a (mumbled) you know, anyone at a local government situation created. This is something banks and corporations created, and I don't think that anyone here represents that, and I think you represent us. So, I just wanted to extend the invitation. Thank you. Hayek: Thank you. Is there anyone else waiting to speak? Okay. All right. Since this is essentially a hearing on ... on the permit, um ... we now turn to staff to see if there's anything that staff (mumbled) to this conversation. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 36 Dilkes: The memo that I gave you last night summarizes I think staff's uh ... responses to each of the ... the four issues that the group thought was different, um, and explains how we got to that point. Um, we've got staff here from, uh, Risk Management, Housing and Building, Parks and Rec, Police and Fire. They're certainly able to answer any questions that you have. Um, I do want ... one clarification I want to make because the first gentleman talked about the need for a permit when you don't have more than 100 people. Urn ... the permit is necessary here because it's the only way that we have to allow an assembly of people and give them the right to, um, to not abide by the overnight hours, the closing time. And so ... so that ... that's the mechanism where we allow assemblies of people to be places where they're not normally allowed to be, such as the park, such as the middle of our streets, those kind of things. So absent a permit, there is no ... I don't have a mechanism, um, to ... to ... to exempt them from the, uh, closing time. Hayek: Thank you for that. Anything else? Markus: Which is why I think we encouraged the permit from the very beginning. Um, most of the comments I heard this evening I think are accurate. Um, when you brought some of these items back (mumbled) staff I think (mumbled) ...building structures in the park and (mumbled) ...caused us to rethink it and reissue the permit (mumbled) Hayek: Okay. Unless there's something else staff wishes to add, uh, to this ... at this point want to (mumbled) the Council, unless there are questions you have. Champion: (several talking) Well I do have one question. When we granted them a permit to occupy the park for four months in Iowa, how ... what did you expect them to do, um, to survive, I mean, I tried to do a winter sleep -out a couple years ago for Shelter House. I lasted to 2:00 in the morning, and I had two sleeping bags, a mink coat, and two blankets, and I was freezing. I could not stay the night. I mean, what was the administration, or the City staff thinking that these people would be able to sleep in College Green Park in December. (mumbled) enter your mind or just thought they wouldn't stay? Markus: Well, initially what we had proposed to do is issue a 30 -day permit. And the assembly was not, uh, I don't want to mischaracterize the reaction because I'm sure that there's an individual reaction for every member of the assembly, but they wanted to know why we wouldn't issue for a longer period of time. At that point, uh, Mr. Moran suggested that maybe a four - month, uh, permit would be more appropriate. The original reason we wanted to issue one 30 days is to force the communication at the end of the 30 day period to make sure that we were communicating about changes in conditions, what would happen, what additional would be necessary, to have that open kind of dialogue. And ... at that point, uh, Mr. Moran suggested a four -month permit. I'm not sure that ... there was one quip I'd say during that general assembly that suggested that it's going to be so cold This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 37 that most of us will gone anyway, and this is the sign for agree, but I don't know... remember the sign for disagree, and most people disagreed to that particular comment. Um ... you have to understand that from our standpoint and Eleanor doesn't like me to use this word but most of our reaction was fairly spontaneous. Champion: Right! Markus: Um ... so I'm not sure how much thought we actually put into that. Um, and what the ... the long -term would be. We had discussions about permitting, and I recall suggesting something to the effect that you couldn't ... I wanted to clarify, you... you couldn't put something up, a permanent structure, without a permit. And, quite frankly we didn't know what their intentions were at that point. I don't think they knew exactly what their intentions were at that particular point, in terms of what structure they would or wouldn't build. Champion: I could see that ... they can't build a house there. We'd all be building houses in the park. Wouldn't have to buy a lot! But ... my concern is... Markus: Well, I ... I can go on. They had talked about building a fire pit, and I think that idea was for at least gathering, you know, to get together and warm up. Um, Mr. Moran made it clear that propane could be used but not open fire. Um ... maybe Mike can add to some of this conversation in terms of...of what his thoughts were, how they were going to keep themselves warm in the winter, uh ... I think... I think that there's always the idea that even in tents, I've winter camped, so I am familiar with that and you can use portable heating devices. Champion: Right. I didn't have one! (laughter) Moran: During the four -month process, uh, how that ... how I arranged at that and was purely my call was, uh, they had requested longer than a 30 -day and they said, well, how `bout a six - month, and to me six month put it into the summer where we do a lot of activities and plan to prepare the park for the ... for the summer. So I said four months, knowing that that would be right around the end of February, and then right before we start our preparation to get ready for everything. Uh, we wanted the 30 -day for the dialogue, as ... as Tom had stated, and that was sort of a compromise position. They had asked, well, how `bout six months, how `bout four? So it was a negotiation process. Hayek: Go ahead, Regenia. Bailey: I want to ... just a clarification from your memo. A permanent structure, a larger tent. What's the distinction? It seems that there isn't a distinction. You know, two and three, tents designed for six or less people are allowed. Anything larger is prohibited. So if for example we went down the road of winter camping, larger This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 38 tents, what is your concern? What is the distinction between that and a structure or ... what are the concerns? Dilkes: I think staff's concern, both from, uh, you know, safety issue and a ... and a liability issue is that ... well, first of all we were trying to address what ... what we had seen there, and... and... Bailey: Right. Dilkes: ...we started off when we were talking we thought, you know, four people or less, and we thought well there's probably some there you could sleep six people, so we went up to six people. Bailey: Right. Dilkes: The concern I think was having tents large enough to live in beyond the sleeping function. Such as cooking, um, I ... I don't know if you've seen, you know, some of the tents in Des Moines, but there ... there are refrigerators in them. There are cords in them, and at that point from a safety and liability perspective ... I ... I don't know how to control for that, other than to get liability insurance. Otherwise that risk, as has been pointed out, is going to fall on the taxpayers. Not perhaps legally, but certainly you know cost us some money to defend it. Um, when ... when we talked about allowing Occupy Iowa City to sign the permit, um, we didn't have a whole lot of discussion about it, but it was ... I think it was an accomo ... it was an attempt to accommodate the way this group functions, in that they don't have representatives. They function with a general assembly. And based on what I was seeing there at the time, smaller tents, you know, in accordance with our normal permit requirements we were not going to allow cords or things over sidewalks and those kind of things, um, the main ... the main purpose of having a person or an entity sign is so that that entity or person can indemnify the City and provide liability insurance. So once we got beyond kind of what we're seeing up there now to bigger structures, whether they be wood or tents, to...to cooking, I mean, at that point I kind of have to turn it over to Fire and Housing and see what they think about that. So... Champion: Tom, you were, um, but they could build some kind of a structure that wasn't an actual structure. Isn't that right? I mean, you could build a rough structure that wasn't anchored to the ground or ... what ... what did you mean by ... a tarp and... and (mumbled) Markus: Well, at...at the time we had the discussion, they talked about temporary structures. Champion: Right. Markus: I don't think anybody had a plan of what the temporary structure was. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 39 Champion: Okay. (laughter) Markus: And so I think from my standpoint, I'm left to my druthers to figure out what that means and later we had conversations after that assembly about exactly what that meant. I can tell you at the time, um, I thought well, maybe they're going to put a platform up so that they could put, uh, a tent on the platform, a way to get you off the ground, and it's a more stable surface. Um, and that that could happen after the ground freeze, uh, because Mike and the assembly had made arrangements to move the tents on a regular basis. I actually contemplated, I said, well is it a possibility of a frame of some sort with canvas over it, but when you come back into staff and you start talking about those issues, you start to get into permitting concerns about how stable that structure is, uh, are you going to require plans for that kind of structure. With a tent ... that's something that's already manufactured. Somebody has built that. With a structure you build, you know, you're depending on somebody else's design and ... and concern with that. I think there was also some confusion about the idea of requiring a permit. I think at least one assembly member may have some to staff and found out that you didn't need a permit if the structure was less than (mumbled). And ... I'm kind of piecing some of this together. But the 144 square feet refers to buildings typically tool sheds on people's residential property. We had been told or it had been communicated to us that some of these structures were going to be used for cooking. Some would be used as warming houses, things of that sort. I don't think the assembly had ever really decided that, and so ... you know, we're getting all those communications. That compounded with the construction of the structure that they described, by some of their more exuberant members, um, I think caused us concern as to exactly what would be built, how it would be reviewed, would there be a plan submitted, um ... those types of concerns. In the case of the Fire and the Building Department, which can speak for themselves, what does that lead to? Okay? What kind of power source is going to, uh, what kind of cooking utensils are (mumbled). Or cooking appliances are going to be used. And the concerns with those. So all of those things started to play into the concern we had about issuing (mumbled) which I think is ultimately how staff got back to looking at their application, with those conditions and then modifying those conditions, and returning the approved permit. Champion: Well, it seems logical to me. It's too bad our society is so litigious that we base everything on ... on, uh, lawsuits and it's really sad, but can I ask a question of the group? Hayek: Yes, and I ... I know that there's an interest in responding to some of these comments, and we'll certainly accommodate that, but ... but what I can tell you, we can't go through another hour of discussion. So, we've got to figure out a way to ... to limit it. Now, uh, do you want to ask your question, Connie? This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 40 Champion: Well, would you like me to wait til everybody's done with staff, or I mean, I would just like to ask them what ... what were your plans to deal with the winter weather and, um, you talked about a place to get warm. Is there somebody who kind of runs the group? I mean (laughter) you've got to have a leader! But you've got to have a leader! I mean (several talking) Hayek: Now, now (several talking) Bailey: I think you missed something. Hayek: Yeah, we understand! Uh... Champion: A spokesperson! Hudson: My name's Tom Hudson. I'm not a leader (laughter). I'm not a representative. I'm an individual who happens to hang out at College Green and camp there because of what I believe in. But, our plans at this point, what ... what we have come to consensus as a group about is to ask you to amend the permit when it comes to a six -man tent. We have a ten -man arctic tent that most of us feel, and our consensus has come to agreement that we can sustain ourselves within this tent. We also ask that what we have at College Green Park which is okay supposedly remains okay, and other than that, I mean, we're not going to go build a house, I mean, the ... the... Champion: It looked like you were going to! Hudson: ...and the (laughter) the structure in question that was brought before, uh, that's being mentioned was a... a 12 -foot by 10 -foot, 120 square foot, wood frame with... there... that was going to have tarps over it. It wasn't elaborate. It wasn't going to be a kitchen. It wasn't any of that. It was an assembly tent that would have been fine. And also, is there perjury in the City Council? (several commenting) Hayek: Can I ask you, let me ask you ... describe the difference between a six - person tent and the ten - person tent you're ... that has been raised. I mean, the arctic tent. What is the difference between... (several commenting) Hoffelt: Steve Hoffelt again. Uh, one of the ... the points about having the ten - person tent is that, I mean, it was donated to us, and it is specifically for arctic camping. Uh, I know people talk about concerns about, um, ventilation in terms of a heater, you know, putting heaters in tents. Uh, this tent is constructed for that. It is constructed to be used, uh, arctic camping and uh, it will be big enough to (mumbled) have a place to go to get warm because it's constructed to put a heater in. So we could have some people gather in there to warm up, uh, during the day or during the night as the peacekeepers are patrolling, uh, and that's why we asked for the ... the tent (mumbled) exemption for a ten - person tent (mumbled) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 41 Hayek: Fair to say it's obviously bigger. It's probably made of different material, and it would accommodate some sort of heater. Hoffelt: Yes. Bailey: And what, just ... (mumbled) what kind of heat ... what kind of heater, I guess. We talked about heat sources and... Hoffelt: We ... we had talked about with, uh, with Mike and with Tom, and that was part of, one of the parts of the permit that we weren't challenging, was the use of propane heaters. Bailey: Okay. Hoffelt: I believe on most of the permit we're in complete agreement and would like to keep the dialogue open with the City. Bailey: Okay. Hoffelt: Uh, it was just, you know, these specific issues of staying safe, so we would use, you know, propane heaters that the City has said are okay. And, can I just address ... as for the cooking issue? Um... Champion: I was going to ask that too. Hoffelt: Because we ... people have asked ... there was some confusion as to what was being built. Um, we ... we do serve dinner every night. You guys are welcome to come and eat. Uh, it's at 6:00. It's really good food. Uh, it's also all donated, uh, by the community. It is, uh, almost entirely cooked off -site. Uh, I know my wife and I, I actually own a house five blocks from the park. We cook dinner on different nights. Various members of our movement, other members of the community who are not part bring us, uh, hot food to eat, so it's not really cooked on site. What we have for cooking right now is we have a camp stove, and we talked with ... with Tom and Mike about it. We have a small propane camp stove that's actually sitting on top of one of the built -in charcoal grills. We mainly use it to warm up water to make like instant coffee for the peacekeepers at night, and honestly it can stay outside probably and even do that in the winter... outside. I mean ... so I mean, all the food is donated (mumbled) except for salads and things like that (mumbled). Hayek: Thank you. (mumbled) Champion: No. Thank you. Thanks for answering my questions. I mean, I feel like... Hayek: Hold on ... (mumbled) wants to... This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 42 Heck: Yes, my name is Mauro Heck and I just want to address a few issues that, um, have been emphasized in a certain way, as if they had been requests from us, and I'm not doubting, uh, as to what Mr. Markus heard, but we are never ... never had plans to have a kitchen, and will not have plans to have a kitchen. When we refer to perhaps a kitchen, if we do again, it's going to be where we have our food setting, our, you know, where we serve our food so people... that's our kitchen. We're not going to be having stoves and tanks, and you know, cooking in there and oil and ... and things like that. The other thing I also want to ... just a detail back to the buildings that were going up, which I do not believe we are going to want to do anymore, by the way. But, just to clarify, in the process we started putting up a structure that was ... I don't recall the size, but let's just say it was 25 by 25. If I understand correctly, Mr. Moran was contacted, or actually his staff came to the park and we were told, correct me if I'm wrong on the details here, but we were told that it was okay to build structures equal to or under 144 feet. That was made very clear, if I understand by the office. Uh, so we proceeded with that in mind. So I just want the City Council to understand that it's been a lot of mistakes made, on both sides. I'm not just saying that the City administrator is at fault. We are at fault because we still don't know what we want to do, and I also want to, uh, bring up that we might need one ... more than one arctic tent, one arctic tent might not be enough so that room has to be left open, uh, I think we have to be, uh, somewhat ambiguous there because if we need more, uh, heating space, we're going to have to require that. Thank you! Hayek: Thank you, sir. Mims: I'd like to ask a question or possibly make a proposal here. Um, and I guess I kind of direct this to staff and Tom and Eleanor, and whoever else, but ... um, it...it sounds to me, and I ... I really appreciate, um, everybody who has spoken tonight and the passion that you have for, um, for what you're doing, and I appreciate staff and everything you have done. I know this has been a rather, uh, unusual situation for our staff, when they are used to being able to go out and meet with, um, the leader or the key spokesperson or the decision maker of a group and you know have a one -on -one basically dialogue and get an answer and go back and ... and do some things, and this has been I think a very, um, different kind (laughter) of experience for them and I think, um, in all ... in all due respect to Tom and Mike, I think they came out with very good intentions to try and figure out what you were doing and how the City could accommodate and, um, probably as Tom said with ... with a little spontaneity answered some (laughter) questions maybe, um, in ways that they wish they hadn't now, because they didn't fully understand maybe, um, what all of your, um, expectations or plans were and ... and as you've indicated, you don't all know what your plans are (laughter) as you work through your thing. What I would like to ... to propose and if Council and staff would agree to this, and I think I'm hearing this from the group, that we have a permit in place that we got to because of, um, just a very different process than normal. Uh, if you want to call it misunderstandings, miscommunications, This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 43 uh, not anticipating necessarily what was going to happen, um, and so some changes being made that obviously, uh, the group is not happy with, but I think staff felt they needed to make, um, based on things they were seeing and ... and the liability issues. It would seem to me, and at least the five points I think that I saw laid out here, that ... that you know the issues of the north -west quadrant, the north and west quadrant, uh, no tents there. Um, you know, in that part of the park, you know, being closed and obviously you can't control other people that are there, you know, after hours. Understand that. But it seems like it really comes back to, uh, no structure, which I'm ... sounds like I'm hearing more of you saying you agree to that. I'm not sure, um, and the tent issue. Urn ... is there a way that we can move forward in terms of staff going back and trying to do some negotiating, um, and amending of the permit, if staff sees that there's any flexibility in this at all, and maybe you don't, I mean, maybe you feel like ... maybe you feel like this really is what we need to stick to. From staff ...from staff perspective. Uh... Markus: I'm concerned about, uh, structures (mumbled) at least our level in terms of staff, from staff side of these issues, that they pose some real serious issues. I should point out at one point, um, I think it was Mr. Hanson and I had a conversation ... where we were going to have a delegation come in from the assembly, and a delegation from the City, to have discussions to get to the same kinds of issues. Mims: Uh -huh. Markus: And we proceeded issuing the permit, and I think the permit caused such consternation amongst their group that they decided not to have this, um ... delegation from each party meet. And instead decided to go the appeal route, which is probably a good thing because it makes this much more public process and involves the whole City Council in these decisions. These decisions (mumbled) I think when you start to look around the country, I think we were going at this issue with a very different approach, and we wanted to I think have a situation where the police weren't the story, um ... but that we were figuring out how to manage this situation without confrontation. Actually I think that they've been very respectful towards the park and trying to deal with their issues in the park, and I think we have been too. I think it was a misstep. I think that there were gaps in our communication. For that I apologize on behalf of staff and myself. So, when you get to these issues though about what you think you can permit or not, I don't think you can permit any hard structures. Personally. Uh, I didn't personally start off thinking that having a wood frame structure with canvas over it was a whole lot different than a tent. But again, it goes to how it ultimately is going to be used. And ... I have to apologize to Eleanor (mumbled) pretty well convinced about these provisions. I'm not as ... I guess I don't share this strong view, um, as I do structure as I do (mumbled) but ... I think the concern among staff that this arctic tent turns into something like has happened in Des Moines, and you go on and see the videos of the arctic tent in Des Moines and it has a refrigerator in it. It has microwaves in it, and it has all of this other stuff. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 44 And I think that's a concern, and I think that kind of drove some of the dimensional, well not dimensional but uh, numbers of persons allowed in the tent. I think that kind of fermented to the top in terms of the staff discussion. So ... I... I have real concerns about hard structures, I mean, it's just something (both talking) it's entirely foreign to a public park, but you know, maybe there's some room to talk about how we use the arctic tents. Champion: So can we get... Bailey: Yeah, can we get to that (several talking) the arctic tent and also it occurs to me that we, citizens of Iowa City, own buildings. Mike controls a lot of those buildings insofar as, you know, the ability to use those, as well, to warm up. I know that you want to be in the park. It seems to make sense if there's an opportunity for a downtown use of the Recreation Center, you know, with respect (both talking) Right, I mean, so I think that there are a couple different options if we can get to this large tent, or ... if that can work, as well as the opportunity to use our public buildings because we all own them! So why ... would you (several talking) take advantage of our heat. Wilburn: I just have a couple, uh, just some thoughts that I want to share, urn ... and my thoughts are pretty random so I apologize for that up front. Um ... (someone speaking from audience, laughter) um, you know, I was on Council when we, um, took a look at, uh, you know, the ordinance and we had the spontaneous, uh, event thing and I mean a lot of discussion went into just the modifications at that point, and uh, you know, we had public meetings and uh, agreement, disagreement about that, and the point being that there was time to do that, and here we have a spontaneous, uh, event and um, you know, whether you have some hard feelings about how things evolved, um, in my opinion we have staff trying to, uh, as Tom was pointing out himself to have a different response and reaction from, uh, city government because I think in part because of, uh, his history where he's from but in his recognizing just the history of, uh ... uh ... civil rights' movements and civil disobedience, etc., in this community. Um ... while I've heard some of you also point out, uh, you know, just because of the organic nature of how you have your conversations and come to your consensus, A ... you know, that's... that's, yes, that's... you're operating in a democratic principles and that's how you, um, have the time to sort those things out. A difference is when you have a representative democracy and there are other systems and other people in town who don't necessarily have the same viewpoints as you, and aren't necessarily take the care to come arrive at some decisions as you have, uh, and so with our system we end up balancing needs and wants and desires, hopes, dreams for the community. So while we can have some organic discussions with the decisions that we make, we have to make a decision and there are consequences for that in terms of, um, you know, it's ... in some sense it's framed as liability, but we, you know, we have to look at a permitting process and any ordinance we craft in terms of how others are going to use or misuse that as well, and that's where the safety and all of that stuff comes up. So, those of you had the resistance to the permitting process in This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 45 general, um ... you know, one of the ways it was pointed out, we have to look at it as how can we allow but the phrase that jumps into my head is how do we disallow, I mean, if... if some of the things that you have conversations and talked about what you're going to decide as structures and size, if we didn't have our zoning code in ... in place, uh, I'm thinking several of you would be, uh, up in arms if we didn't regulate, um ... you know, some of the, uh, the history with some of the property owners and, you know, landlords, how things have ... been treated or not addressed and safety issues, uh, in terms of structures, all of that put into place. So that's ... you know, I appreciate what you're asking for, but we also have to look at it with the eye as how is someone going to misuse this to put someone at risk, putting all the liability and sue ... suing things apart, I would feel awful if I approved something and an accident were to happen. You know, I think any of us ... any of you would, but that's... that's the piece that we also have to look and address. Um ... so that's just some of the comments that I ... I mean, and I appreciate, Susan, what you're saying is, in terms of trying to look at what we can or can't do, but I don't want us to ignore the fact that we also beyond this issue that they're concerned about that some of us are concerned about too, we also have to look at how are others going to use or misuse this. Mims: I agree! (mumbled) Hayek: Um, thank you for those ... those comments, Ross, and you know, I guess what I would add to this. First I want to thank those who came and who are here presently for your comments. Um, and, uh, I guess what I would offer is this. You know... inherent to the First Amendment, which was central to so much of, uh, what we're talking about, is ... is an obligation that the City treat all groups equally when it comes to public space and um, this group, uh, and its message, uh, can't be treated any differently, regardless of what we individually feel about, uh, what any group might ... might, um, wish to convey or ... or pursue. I think we've had a ... a good relationship, um, thus far with ... with the group, and I very much hope that it continues, and I think that it can and that it will. Um ... and ... and, you know, it is our job to, uh, to ... to provide some basic parameters that would apply to any group, and this is is so that we can protect both the occupants and the community at large. Um, you know, what I'm sensing is, uh, at least up here, urn ... you know, an interest in ... in looking at this tent issue and ... and um, you know, perhaps we expand the permit, uh, on that one issue, which I think is something I could live with, um, assuming there's not some overwhelming concern at the staff level. Um ... keep everything else in place because I don't see a ... a compelling reason to ...to change that. Um, I think it would be a gesture and um, I would like to see the movement and City, um, continue on in a productive, uh, dialogue, um, and so I would throw that out (mumbled) because I ... I sense (mumbled) Wright: I ... I think, uh, looking into that arctic tent notion, the larger uh tent that can be used as a warming house is probably a pretty reasonable idea so I'd like to see that one explored. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 46 Bailey: Do we need an action then to modify this or (both talking) Dilkes: ...got two conversations going on here. We have one conversation about you all making a decision and then that is implemented by an amendment to the permit. Or, sending staff back to have more discussions about this. I guess my view would be that if the Council wants to allow arctic tents, um, then you should ... you should say that and you should have a permit in place that says that. I think that we have to address what can be in those tents because that's been a lot of the confusion (several commenting) but I ... I have to ... I have to say I'm a little skeptical about ... not that we ... I think there's been a good relationship here, but it's ... I think we're at a point where if we're only disagreeing about one thing, which is the arctic tent, it might be a good idea to get it resolved. Bailey: Well... so do we need then an... some kind of motion to modify the permit... Dilkes: Yes. Bailey: ...to allow the arctic tent and ... you know, I don't know how much ... how much detail. Dilkes: I think we should have some more detail. I think how many arctic tents are we talking about. Hayek: And I also think because I assume that heating is ... is a part of that, you know, that ... that's in the permit as issued, but subject to the Parks and Rec's, uh, Director's uh, approval. (several talking) Dilkes: Let me just ask a few questions. Okay, so we're talking ... I'm hearing one arctic tent? (someone speaking from audience) Okay. All right, okay so we've got one arctic tent (speaking from audience) Bailey: But we... Hayek: Hold on a second! We ... we can't all talk over each other, and we need to be at microphones so that we pick this up. Bailey: I would ... I would suggest that ... that somebody indicated that perhaps another one would be needed, so I think up to two and then I think that ... that given that there's open dialogue that if you have a ... another three or four donated, that we have another conversa... or you have another conversation with our staff, you know, by then the ground will be frozen and there will be different conditions, so up to two arctic tents (both talking) Champion: ...one question before we agree on that. Are there different size arctic tents? Do we have one that sleeps 25 people? This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 47 Hayek: I ... I (several talking) yeah! Champion: ... size limit (several talking) Bailey: Arctic tents that hold ten people, um, and then given the other provisions of the permit, given heating sources, and then subject to a review by staff to make sure everything is safe, urn ... I mean, we spent a lot of time talking about safety, so that's one of my critical concerns. Champion: And what goes in the tent. Bailey: Yeah, the heating, but the heating is still subject to the permit. I think we have propane (several talking) I'm not going to make a lot of no's. I think subject to review of staff about... Wilburn: Well, I think we have to be ... (both talking) ...to staff. That's not fair to staff (both talking) Bailey: ...not serving as a kitchen, the intent that there aren't a lot of electrical devices in it. Is that clear enough? Champion: Well, I think the staff might have to rewrite some of that, I mean, we are interested in safety and um, but I mean, I ... I don't see how we can give them a four -month permit without finding some way to help `em warm up, and so I like the idea of the arctic tent with heaters (both talking) Dilkes: Perhaps they could tell us what they need to have another tent. Hudson: Okay... Hayek: Would someone who's not a representative please channel the collective sense (laughter) Hudson: Okay, again, my name's Tom Hudson (several talking and laughing). I don't stand for them, I'm just with them! (laughter) Um, what ... what I believe we would keep in the arctic ten -man tent is ... a space heater, or a propane heater, one or two. Um, outside of that, I would assume, I mean, if...if this thing is as durable as it is, maybe some food. Obviously no cooking like we discussed before, um, there's not going to be a frig, there's not going to be an oven, there's not, I mean, we're Des Moines! We've shown that. We're not going to do those things. Um, other than ... no electronics, I mean... Champion: How `bout the port-a- potty... This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 48 Hudson: No electronic cords, I mean, we might have personal laptops, I mean (several talking) and also I just want to touch base, the renewal is still in question too. That's the only other thing is that there's no (several talking) Bailey: There is an option for renewal, right? Dilkes: Yeah, but the reason that we removed that provision is because we had gone from 30 -days to four months. You can still apply to renew your permit, and then we will look at the ... we will look at the facts as they exist at that time and decide whether to renew. We just didn't want there to be a suggestion that it was going to be renewed like a 30 -day would be. Heck: Just a quick comment that might make most of you a little bit happier is that just so you know that we do have a committee now that has been assigned to ... to delegate communication with the City, so we do have a group of six, seven people that will be, uh, formally in communication with the City. Thank you. Hayek: That'll be helpful! Bailey: So the motion is (several talking) Hayek: Just a ... just a second. Quickly! And then ... is our Fire Chief... Dilkes: Yeah, I want Andy to address these. Ant: We have a chalkboard out there. If you have questions for us, please, write them on our board and sign City Officials, or just let us know. Communication, represent with us! We love you! (laughter) Hayek: Okay, why don't we hear from our Fire Chief and then let's ... let's close this up. Rocca: Good evening. I just wanted to ... to kind of give you an update from the locally adopted fire code perspective. Right now what ... what Mike has done on behalf of Parks and Rec is really not addressed. Um, you can allow camping tents, um, with a lot of common sense, which is basically what's happened to date. If we start with bigger tents and look to bring utilities, whether it's electric or some form of heating device, those kinds of things are addressed in the fire code. So I can't stand before you tonight and say we would approve those devices. We need to evaluate a proposal of how they would intend to operate that. We need to look at the size of that tent, um, certainly how it's heated because you cannot have heating devices inside of any tent, would be my understanding of our code. There are ways around that. You can have your heating device remote from that tent, blowing warm air in the tent, so we would just need time to evaluate a proposal on how this tent would be utilized. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 49 Bailey: Well, and that's what I ... subject to review for safety concerns by our staff. Does that get at that? Rocca: I believe so. Bailey: Okay. Hayek: And code compliance, I mean... Bailey: Of course, code compliance is about (several talking) Rocca: You know, just as the size of the tent increases, the use of the tent intensifies, hence the requirements, the safety requirements, would also go up. Just keep that in mind. Dilkes: I would say subject to approval by the Fire Department. Bailey: Subject to approval by the Fire Department. (several commenting) Okay. So ... is that a... Hayek: Okay, let's... Bailey: That was a motion, um, I can restate it. Hayek: Please do (several talking) Bailey: Okay, all right... so modify the permit to allow up to two arctic tents that each holds ten people, subject to approval ... the heating devices subject to approval by the Fire Department, Fire Inspector. Dilkes: I would just say subject to approval. Not heating devices... Bailey: Subject to approval. All right. With the understanding that there are not going to be any additional electric devices or electronic devices in these tents. Did I miss anything that we discussed? Champion: (mumbled) Dilkes: And no on -site food preparation. I mean, except for making sandwiches and stuff (several talking) you know. Champion: You mean inside the tent? Dilkes: Yeah, I ... I mean, we're not cooking, I mean, yes. We're not cooking. We're not cooking (several talking) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 50 Hayek: Hold ... hold on, we're ... this is kind of starting a little mission creep here and I ... I think what we need to do is... Bailey: Get this modified and then... Hayek: That's right. Bailey: Yeah, and then ... what I would ... I'm not putting in this motion, but I would like to encourage, and I think that we're all of the same mind about this is some on- going and continuing communication with your delegation and with a group of our staff, um, so ... so everybody is safe, and that as a community we're, as Ross said, respecting you know, we're up here because we have to uphold our laws, and so that's our job, I mean, we're sworn to it, so ... so all of that is going on. So ... I'm hoping that that will be a regular communication. Hayek: We have ... we have a motion. Bailey: And a second. Hayek: Who seconded? Okay. All right, motion from Bailey as, uh, stated, seconded by Wright. Discussion by Council? (several talking) Yes we have. Bailey: Yes we have! Everybody's (several talking) Hayek: Parliamentary procedure say discussion even though we've had quite a lot of it. All right. Anything else? Bailey: Do appreciate the staff s willingness to look at this. I do appreciate everybody's comments (several talking) Wright: Appreciate (both talking) Bailey: There's a lot of appreciation (several talking) Hayek: Anything further? Dilkes: I ... I just do want to say ... one thing and that is with respect to the code provision regarding insurance. Um, it allows an assembly in a park that doesn't have any equipment, cables, objects, structures, or similar items to be placed in the park. So what you're doing is you're interpreting that provision to ... to mean that a tent is not any of those things. Okay, and by doing that, you are creating that precedent that will apply to any group. Okay? And that's I think one of the things that staff has tried to be very mindful of, is that ... that when you make these decisions you have to think about the group that you hate the most... Champion: My family! This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 51 Dilkes: Okay (laughter) well, the group that you hate the most doing what you're allowing to be done. Wilburn: That's true! Hayek: Yep (both talking) that's... that's the neutrality of this decision that ... it has nothing to do with this group, its merits or its message. Bailey: Right. Hayek: But rather... Dilkes: And you are ... you are saying that you, it is acceptable to you for the City to take on that liability. Champion: (mumbled) Wilburn: It has to be that way. Dilkes: It's fine, I'm just saying (several talking) that's fine. Just want to make sure you understand. Hayek: Further discussion? All those in favor say aye. Opposed say nay. Okay, the motion carries 6 -0, the permit is modified. (applause) So, all right, thank you for your time. Why don't we take a break? We still have, uh, the balance of our agenda, uh, other city business, and we'll take that up as quickly as possible. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 52 ITEM 10. CONSIDER A RESOLUTION RESCINDING THE 2005 PERSONNEL POLICIES AND THE 1981 AFFIRMATIVE ACTION POLICY AND ESTABLISHING AMENDED PERSONNEL POLICIES. Mims: Move approval of the resolution. Wright: Second. Hayek: Moved by Mims, seconded by Wright. Dilkes: (unable to hear person away from mic) They're going to put it on the floor. (mumbled) Hayek: Um, moved by Mims, seconded by Wright. Discussion? Is there someone who ... would you like to speak to us on this item? Yes. You can come forward. Thanks for your patience tonight. Longdon: Yeah, no problem. My name's Kenneth Longdon, my tape thing fell on the ground so I don't know where it's at. 1940 S. Ridge Drive. Want me to sign in right here? We had a pretty eventful night tonight, and I want to speak to you on behalf of, um, my company, Waeusi Publishing Company, the Corridor Black, um, Business Committee, and also local black community here, and uh, we'd like to say that we would like to see that the 2005 personnel policies and 1981 affirmative action policies remain in place. We would like the amended policies, um, to not be implemented in use or placed into effect. There are a number of factors which may, um, make persons of African descent, uh, put them in extreme disadvantage when it comes to, uh, the side of the issue. One of `em, excuse me, neither state nor federal law provides effective safeguards, unemployment, uh, hiring or promotion, considerations based off of social and economic status due to credit report screenings and policies, and placed by the Federal Trade Commission. Number two, neither state nor federal law provides effective safeguards of employment hiring and promoting considerations based off of more record screening policies in place (mumbled) Iowa Department of Public Safety. There is no limitations on how far back perspective employers can look back into a job candidate's poor records, and no screening of irrelevant, uh, court records, um, are practiced or um ... legislated in the state law. No state or federal law provides effective safeguards for providing an easily accessible expunging of court records, which are dismissed, dropped or otherwise invalid or incorrect. Most states have processes such as these in place as a safeguard to citizens; however, the Iowa Assembly had not done so at this point. Next point, no state or federal law provides effective safeguards to providing recourse to employees, um, with Iowa's practice of employment at -will. The next point, uh, I did speak before the Iowa City Community School District on October l lt" of this year with regards to African American history and local public schools, and since then, the Iowa City Press - Citizen newspaper did a printed and also an online article which This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 53 on me and my young nephew who's in elementary school ... with regard to the article, which were actually published on the Press - Citizen's web site. Um, the Press - Citizen actually refuses to make a public apology, but they actually privately apologized to me. Um ... and, um, this was, uh ... discussed with me and Patrick, who was the online editor, of the paper. I also want to discuss with you the next point here. There's a web site blog called the Broadway Crime Report. don't know if you're very familiar with it or not, but I'm actually doing a little small investigation on that, and what it is is that, uh... Hayek: Sir, if I could interrupt you. Longdon: Yeah. Hayek: Is ... is that pertinent to this issue... Longdon: Yes. Yes, I'll tie it in in just a second. Hayek: Okay. Longdon: (both talking) um, and then this, um, crime blog or ... I don't know, web site blog. What they do is, they highlight arrests of local people in Iowa City, Coralville area and they started off in August 2008 and you can actually go and tab through the different tabs each month till now, and the very first postings on there were Iowa City's copying, pasting from the, uh, local police departments, um, crime records, cause you can see the, uh, the background and the font is exact, and then (mumbled) they started using, uh, the Iowa City's Press - Citizen's newspaper articles. They just copy and paste, so and also the Daily Iowan. And, uh, at a point they started using photographs. They say, well, what's the significance of this? Well, I only saw one person that wasn't of African American descent on this blog, and it actually gives their, um, original charges. It gives, uh, it doesn't say if they were ever dropped, dismissed, you know, like that. It doesn't exonerate the people, and it even, uh, gives the address and even the apartment numbers. And, some of these are actually females, and it does concern me that, um, their personal information is placed on this ... on this blog, which has no contact information for the authors. And so with this type of thing that I noticed, and in light of, uh, disparities, as far as employment, uh, it also comes to mind that from the crime statistics (noise on mic) Iowa Department of Public, uh, Safety, it actually shows that, uh, in the state, um, 85 to 90% of the crimes that are reported, submitted, are people who do not identify themselves as minorities at all. And so, with this, I believe that it calls into question if, um, the local community's actually ready to embrace the type of policies that are being considered. Um, most people of African American descent that I have come in contact and talked to about this issue, are actually not meaningfully employed. Mean that the jobs they have are never even attended to last more than a year, a few months. The impact of rescinding the current, uh, affirmative action policies will not serve in the interest of the city at all. Um, actually urge the City Council This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 54 to postpone rescinding of the current affirmative action policies, until an impact study can be conducted to see what the best (mumbled) with regards to this action. Now I myself I don't see affirmative action myself as a permanent solution. So I don't want you to feel that I want it to stay in place for (mumbled) like that. But I do believe that to rescind it at this point, uh, could be premature and I believe that with a ... an appropriate impact study and appropriate (mumbled) be found. Hayek: Thank you, thank you for your comments! Anyone else from the audience? Further discussion by Council? Roll call, please. Item passes 6 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011. Page 55 ITEM 16. CITY COUNCIL INFORMATION. Bailey: Fire Station #4 ... open house this weekend (several talking) 1:00 to 4:00. Hayek: 1:00 to 4:00. Champion: (mumbled) Bailey: Well, it's right on the trail, too! So ... ride your bike! Exciting. Hayek: Thanks for reminding us of that! Okay! This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of November 1, 2011.