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HomeMy WebLinkAbout2012-01-24 TranscriptionPage 1 ITEM 2. PROCLAMATION. a) Black History Month — February 2012 Hayek: Before we proceed I just want to, uh, let the audience know that the, uh, comprehensive plan and rezoning, a request relating to Jefferson Street, which are items 6.b and 6.c, um, are ... will be deferred ... at the request of the applicant. Um, what that means is that they will still come up this evening, and we will still open the public hearing, um, but, uh, and ... and if you want to make comments regarding those two items, um, you can do so, but you don't have to because we're going to, at the end of that, we're going to, uh, defer the items and ... and continue the public hearing so that you'll have an opportunity when, uh, these items do come up at the next meeting, uh, for comment. So if you, uh, want to stick around and make your comments tonight you may, but you don't need to because you can come back at that subsequent meeting. Okay, item number two is a proclamation for Black History Month. (reads proclamation) Karr: Here to accept the proclamation is Human Rights Commission Member, Orville Townsend. (applause) Hayek: (mumbled) Townsend: On the behalf of the Commission, I would like to thank you for acknow... this important acknowledgment. As you read, the uh ... proclamation you mentioned several black individuals that were here many, many years ago, so ... it's proud to know that black history has been a part of this city for quite a while. Uh ... I think it's important that we continue to work together, that we put the focus on `we' and not `us' (mumbled) so that we can become a more inclusive and strong community, that we work so that we rise above being acceptable to embracing diversity. Again, thank you for this important proclamation. Hayek: Thank you, Mr. Townsend. (applause) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 24, 2012. Page 2 ITEM 3. OUTSTANDING STUDENT CITIZENSHIP AWARDS — Lucas Elementary Hayek: Would the students from Lucas please step forward! Hi, guys, how are ya? Good! I'm, uh, Mayor Matt Hayek and this is your City Council! We're glad to have you here tonight, and uh, this is the first school, uh, to come before the Council here in the ... in the new year, so you guys are the first! And we're excited to have you! This is the ... the part of our city council meetings where we recognize young leaders in our community, kids who are doing great things in their schools and you're nominated by your teachers and uh, we get to hear from you, and it's a great opportunity for us to see what you're doing in your ... in your schools, and I see you've each brought a cheat sheet that you're going to read from. That's great! Uh, I think what I'll do is I'll just pass the microphone and you can either hold it or I can hold it for you, whatever's easier for you, and we'd like to hear from you. So I'll start with you! Lowry: Hello! My name is Ella Lowry, and I would like to thank you all for presenting me and my fellow classmates with this award. We all help our community in many ways. I do this by babysitting, balancing homework, leading the Lucas Student Council, and keeping a tight schedule with after - school activities. You've given me a heap of self - esteem to take with me to 7th grade. This has been such a wonderful surprise and it will stay with me for a long time. Thank you. (applause) Milder: Hello, my name is Cole Milder. First I would like to say thank you for this award. I feel that I am an Outstanding Student Citizen because my teacher can count on me to help out others in the classroom. I demonstrate sportsmanship and leadership, as well as show concern for my teammates when they get hurt in my ...in sports. My parents count on me to get my brother and home ... my brother and sister home safely from school. Thank you for this award again because it really means a lot to me. I appreciate all the people that have helped me, especially my mom and dad. (applause) Cramer: Hello, my name is Sevyn Cramer. Thank you for giving me this award. My classmates, teachers, and the Council Members choose me because of some of my qualities, like responsibility, leadership, self - motivation, and self - direction. Examples of this are helping explain homework and schoolwork to my classmates, and right when I get home I do my homework, take care of my pets, and do my chores without being told. It makes me feel good to know that the teachers, classmates, and the Council Members feel that I am a good citizen. Thank you. (applause) Hayek: Well those were wonderful reports to us and you're clearly up to a lot at your schools and, you know, one of the great things for us to see up here, as a city council, is that there are, uh, students coming up through our school system who are doing great things. I mean, the ... the city council here, these guys are leaders in the community and ... and you guys are leaders in your schools, and you set a This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 24, 2012. Page 3 great example for everyone else in your school, and uh, you're learning skills and ... and have ... getting experiences that are going to help you as you go on to junior high and high school, and then, uh, out ... go out into the world, and uh, we're really proud of you and we want to encourage you to keep it up, and we also want to thank your parents and ... and your families and ... and your teachers. We suspect they've had just a little bit to do with ... with your success, so congratulations, and I'm going to read this award to you. It's a Citizenship Award from the City Council, and it reads as follows: For her or his outstanding qualities of leadership within Lucas Elementary, as well as the community, and for your sense of responsibility and helpfulness to others, we recognize you, and your name is right there, as an Outstanding Student Citizen. Your community is proud of you. Presented by the Iowa City City Council, January, 2012. So Ella (mumbled) ... yours, so congratulations! Good luck taking all this back to your chairs. Thanks so much for being here. Good luck! (applause) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 24, 2012. Page 4 ITEM 5. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA.) Hayek: This is the opportunity at each city council meeting for members of the public to address the City Council on items that are not on the agenda. If there's something you'd like to bring to our attention that's not on the agenda, I encourage you to step forward, uh, sign in, and give us your name, and please limit your comments to five minutes or less. Clark: Good evening, Council Members, I'm Sarah Clark. I'm 509 Brown Street, and I'm a Member of Iowa Citizens for Community Improvement, which is a, uh, community -based organization. And ... I am here along with some other, uh, CCI members and regular straight -up old Iowa City residents, uh, tonight to, um, bring to your attention a matter that we would like the Council to address, um, and we will have some recommendations tonight on the issue of restricting the proliferation of pay -day lending institutions in Iowa City. Urn ... there are currently six payday lenders in Iowa City. There are two on South Gilbert, two on South First, one on South Riverside Drive, and one on, uh, Highway 1 West. And, um, I'm going to give you just a little short crash course in, uh, payday lending basics, um, cause I hope no one here in this room has had first -hand experience with this. Um, so first, payday loans are marketed as short-term bridge loans that will help struggling Iowans, uh, to get to their next payday. A common misconception is that, uh, people who use payday loan vendors are, um, don't have bank accounts. Actually, that's not true! Uh, potential borrower from a payday lender must be banked, as they call it, in order to receive a loan because payday lenders take, uh, take a post -dated check as collateral for that loan. Um, payday lenders charge $15 for the first $100 borrowed, and $10 for each of the following $100, uh, which would add up to, uh, just about a 391% APR for the typical two -week loan. Um, just to give you an example, um, the ... the highest amount you can take out would be $445 and then you add on $55 in fees on that so you're ... top out at $500. That's the most that you can get. Um ... we believe that payday lending does not solve a financial emergency, but it creates one every two weeks for the folks who are caught in that trap. Um, a payday loan comes due in one single balloon payment on the borrower's next payday, leaving the borrower with little income, if any, to pay their regular bills, like rent or mortgage, a car nort ... a car note, rent, um ... I'm sorry, heat, food, um, everything you need to survive. Um ... the average Iowa borrower is caught in a debt trap of twelve payday loans per year, um, in 2009, payday lending drained nearly $40 million in fees from Iowa's, uh, Iowan's budgets. Those funds went primarily to out -of- state, uh, payday lenders. And, that is money that would have been great if we could have kept it here in the state of Iowa. Um, payday lenders further destabilize, um, already struggling Iowa families and lead them into higher rates of bankruptcy, credit card default, and just a downward spiral, um ... so ... we would like to see the Council take some action and I'm going to turn it over to my colleague Ryan here to ... with some recommendations. Downing: We've, uh ... local members of, uh... This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 24, 2012. Page 5 Hayek: Could you give us your full name, please? Downing: Yes! Sorry! My full name is Ryan Downing, and I live at 3019 Pinecrest Road in Iowa City, and uh ... members of CCI here in Iowa City have taken the liberty to, uh ... go ahead and draft a ... a set of recommendations, and we've based these recommendations on, uh, how to address the issue of payday lenders on what other Iowa municipalities have done. Des Moines, Clive, West Des Moines, uh, soon Ames have all passed ordinances, um, addressing the issue of payday lenders. I'm going to go ahead and submit this, and then come back to my comments, if that's appropriate. (away from mic) Uh, so yes, as Sarah said we ...we are petitioning the City Council ... urn ... to take a stand with Des Moines, West Des Moines, Clive, uh, and soon Ames, uh, to say that the practice of usury, uh, and the practice of trapping our most vulnerable citi ... citizens in a cycle of debt is not welcome in Iowa and Iowa City, uh, predatory lending is not a behavior that squares with, we don't believe, squares with the values of Iowa City. Um, Iowa code does permit municipalities to regulate the time, place, and manner in which payday lending occurs. And this can be accomplished with land use and zoning policies. Um ... just to shorten my comments, because I think other people, uh, want to, uh ... make some comments on the issue. Uh ... throughout the country, um, if...if you've seen where payday lenders pro... proliferate, uh, they encourage blight, um, they are, uh ... we believe are, uh ... the potential for them to proliferate here in Iowa City, um ... are ... a potential impediment to the kind of development Iowa City is looking to do, say, and ... at the Riverfront Crossing, um, on the southside. And, we are strongly encouraging the City Council to study and take up these recommendations, urn ... to restrict the proliferation of payday lenders as a way to protect Iowa City citizens, protect our neighborhoods, um, and to give support in the ... to the State House, to people in the State House who are trying to address this issue on the interest rate level. That's a whole other issue that we can't deal with, uh, on the city level, um... but we can give some political capital to those folks in Des Moines. Real quick, um, I think the recommendations that we've put together speak for themselves. I can go through them, point -by -point if you want me to. There ... the first point I would just ... I want to give a little bit of explanation on, um ... the first point is, uh, we're recommending that the City immediately adopt a one -year moratorium on zoning permits for new payday lenders, pawn shops, and check - cashing businesses. The reason why we're making that recommendation is because, um ... in other cities in Iowa and around the country who have adopted these ordinances have taken this first step, uh, it's a way to prevent the predatory lenders from coming in while the City Council is studying and beginning the process of addressing the issue. Um, so it's a way to prevent immediate proliferation of these businesses. So with that I can ... again, I can go through each point, or I think it speaks for itself. Hayek: Yeah, we're not really set up for a back and forth conversation. I ... I appreciate your comments and we will accept and review this and... This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 24, 2012. Page 6 Downing: Thank you! Hayek: Appreciate your comments! Strottmann: Hi, I'm Jeff Strottmann. Live on South Dodge Street. Um ... want to mention a couple things and try to tie `em together. In other communities where this proposal has been made, uh ... the pro - payday lenders say that they want... there needs to be more not ... not fewer such businesses for competition, but in fact, every payday lender in this state has exactly the same terms. There is no petition in this industry. Um ... couple that with ... I belong to at least one organization gets listed by others to give, uh, donations so they can make low- interest loans to third -world countries to poor people so they can start up businesses, whatever. So it seems shameful that that kind of opportunity's not being offered enough in this country, and I think ... it's the payday lender industry that's sort of creating that. Um ... and I think it's just wrong to ... force the most financially vulnerable people into what's basically price -fixed cartel. Um ... there is an alternative. I'll let somebody else talk about that. Hayek: Thank you for your comments, sir. Hembreiker: My name is Helene Hembreiker. I live on the southeast side, 3002 Parkview Avenue. And I'm a Member of CCI. And a couple of years ago, Bryson Dean and I went around to the banks and credit unions here in town to see if they had an alternative, if they, uh, would have something where somebody who's, uh, needing a short-term loan, um, and maybe doesn't have very good credit and all, uh, if they have something, um ... the only, at that time, uh, the only, uh, credible lending institution here in town was Veridian, and they have, uh, I think they had been John Deere, and now they're Veridian, and they have, uh ... um ... I guess... sorry, uh, not a, but I mean a counter in the First Avenue Hy -Vee. So they, and they have what's called a payday loan alternative. It's called a `pal' loan and uh, so the reason that I'm mentioning that and the reason that we did look for alternatives is because I think a lot of people that are in financial straits don't realize that they could maybe go to their local bank or could go to, uh, this Veridian Credit Union and, uh, receive a short-term loan without paying up to maybe 400% interest. And we feel that if the City Council can address this, and kind of reign in these payday loan, uh, offices and stores around here, that people would start to possibly turn to their credit unions and banks and take advantage of these "pal" loans that are available. Thank you. Hayek: Thank you! Is there anyone else who would like to address the City Council (mumbled)? Karr: Motion to accept correspondence. Throgmorton: So moved. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 24, 2012. Page 7 Hayek: Moved by Throgmorton, seconded by.... Mims: Second. Hayek: Mims. Uh, discussion? All those in favor say aye. Those opposed say nay. Motion carries 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 24, 2012. Page 8 ITEM 6. PLANNING AND ZONING MATTERS. a) AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE BOUNDARY OF THE NORTHSIDE MARKETPLACE TO EXCLUDE PROPERTIES LOCATED AT 228 AND 232 BLOOMINGTON STREET AND 311 AND 313 LINN STREET. 1. PUBLIC HEARING Payne: (mumbled) ... items, um ... 6.a through d. Hayek: Okay. (mumbled) Uh, Item 6.a is amending the Comprehensive Plan to change the boundary of the Northside Marketplace to exclude properties located at 228 and 232 Bloomington Street, and 311 and 313 Linn Street. This is a public hearing, and I will open it at this time. (bangs gavel) Miklo: Just like to, uh, show the map real quickly. My name is Bob Miklo with the Planning and uh, Community Development department. The, uh, amendment would move the boundary of the Northside Marketplace to the middle of Linn Street, uh, thereby removing three, uh, residential properties on the west side of the street. Uh, this is to clarify that there is, uh, a desire to preserve those properties rather than encourage redevelopment. Be happy to answer any questions you might have. Hayek: This obviously follows the conversation we had not too long ago. Are there... Dilkes: Mayor, I'd suggest that if, um, if there aren't members of the public here to speak and that ... and the applicant isn't here, you could also defer your ex parte communication disclosures to next time, as well. Hayek: On... on this? Dilkes: Oh, I'm sorry! I'm sorry! Hayek: Yeah, yeah! Um... Dilkes: I'm (mumbled) Hayek: You're on ... you're on the wrong one. (several talking and laughing) Okay! Okay! (several talking and laughing) Uh, would anyone else from the public like to address us on this item? Okay, I'll close the public hearing (bangs gavel). 2. CONSIDER A RESOLUTION Mims: Move the resolution. Dickens: Second. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 24, 2012. Page 9 Hayek: Moved by Mims, seconded by Dickens. Discussion? Any discussion on this item? Okay, roll call, please. Item passes 6 -0, Payne abstaining. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 24, 2012. Page 10 ITEM 10. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORTH MARKET SQUARE PARK PAVILION PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. a. PUBLIC HEARING Hayek: This is a public hearing. (bangs gavel) The public hearing is open. Public hearing is closed. (bangs gavel) b. CONSIDER A RESOLUTION Payne: Move the resolution. Dobyns: Second. Hayek: Moved by Payne, seconded by Dobyns. Discussion? Throgmorton: I'd like to express my admiration for the work that's been conducted up there so far, and I'm really looking forward to seeing the pavilion placed, uh, in the area and the people involved have done a great job! Champion: Lot of neighborhood involvement! Hayek: I share your, uh, opinions there. Further discussion? Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 24, 2012. Page 11 ITEM 11. CONSIDER AN ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 4, ENTITLED "PARKING REGULATIONS," SECTION 1, ENTITLED "PARKING PROHIBITED IN SPECIFIED PLACES," TO PROHIBIT PARKING ADJACENT TO A CURB EXTENSION. (FIRST CONSIDERATION) Champion: Move first consideration. Mims: Second. Hayek: Moved by Champion, seconded by Mims. Discussion? Throgmorton: Do ... have all relevant stakeholders been notified about this and, you know, so if ... if there was a hearing or whatever, have they had a reasonable opportunity to speak and express their views? Is there anything problematic about it is my question? Champion: There always is! Throgmorton: Well... Champion: This is literally parking in front of a sidewalk, isn't it? Throgmorton: I know, I don't see any problem with it, but I'm just wondering if... Mims: I guess I don't see who the stakeholders are, other than, I mean, it's the whole public and ... it's public street. Fruin: Yeah, I'm not sure that we specifically reached out to anybody. It's a ... it's a concern that the Police have identified, um, especially during the late - night, high, uh, taxicab traffic times. It's been a problem in just the congestion and the road, so um ... Chief, you can correct me if I'm wrong but I don't think we've reached out to anybody specifically for input. Throgmorton: (mumbled) if I remember rightly, the last sentence in the memo referred to taxis. S o l ...I think I really was wondering about them. Hayek: Do we have a communication mechanism with... Karr: Me! Hayek: Yeah! (laughter) That's why I asked! Karr: We have ... this is our annual renewal time of year. March 1 is when all of the companies will come in, and we certainly can inform them of ... of this as they ...as they come in, but it is posted as `no parking.' I mean, it is blocking the This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 24, 2012. Page 12 sidewalk and it is a safety issue. What Police is doing now is tapping on the window and asking them to move. So I don't think that this is going to be a surprise to them. Champion: No, I don't think so, but I think it is a safety issue because they're literally blocking the sidewalk. Hayek: Okay. Further discussion? Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 24, 2012. Page 13 ITEM 12. CONSIDER AN ORDINANCE AMENDING TITLE 9, "MOTOR VEHICLES AND TRAFFIC," CHAPTER 1, "DEFINITIONS," AND AMENDING TITLE 9, "MOTOR VEHICLES AND TRAFFIC," TO ADD A NEW CHAPTER 11, "AUTOMATIC TRAFFIC ENFORCEMENT," TO ALLOW FOR RED LIGHT AUTOMATED TRAFFIC ENFORCEMENT. (SECOND CONSIDERATION) Mims: Move second consideration. Dickens: Second. Hayek: Moved by Mims, seconded by Dickens. Discussion? Throgmorton: Do you want to explain what we talked about earlier today during the work session? Hayek: Uh, yes, uh, for the public's, uh, edification we... second consideration is up tonight, and then third consideration, which'll be the final consideration to pass, uh, this ordinance is set for our next Council meeting. Some questions have been raised by, uh, some of the Members of the Council, uh ... informationally and otherwise, urn ... and we've decided that we'll proceed with tonight's reading and we'll proceed with the third reading at the next Council meeting, but we're going to have a short work session in advance of that, uh, which will give, uh, staff an opportunity to answer some of the questions some of the Council Members have posed, and also, um, another opportunity for the Council to discuss this item at the work session in advance of the third and final reading. Throgmorton: Thanks, Mayor! Uh, so this is discussion period? Hayek: Yeah, we ... we can discuss now if you want. Throgmorton: Yeah, I'd like to say one thing briefly. I voted no last time, uh, and I intend to vote no again tonight just procedurally really, uh, but I ... I want to be clear that I've ... will be submitting, uh, tomorrow a set of questions to the City Manager, uh, that could be ... addressed in a fashion that I find completely satisfactory and would persuade me to vote yes, uh, but I know the ... right now the main thing that induces me to vote no is that I'm aware of a substantial amount of literature that says there ... that red light cameras at intersections can actually increase the number of rear -end collisions, uh, while reducing, uh, broadside collisions. So I understand the literature's kind of ambivalent or ambiguous about the real benefits of, uh, red light cameras. So I'd really like to know more about that, and that's part of what I want to be able to process when I direct these questions to the staff and then we have a chance to talk about it. Hayek: At the first reading there was interest from the audience in addressing Council during this discussion portion and I think it would be fair to allow that opportunity This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 24, 2012. Page 14 Hayek: At the first reading there was interest from the audience in addressing Council during this discussion portion and I think it would be fair to allow that opportunity again tonight. So if there's anyone in the audience who wishes to address the Council on this item, you can step forward. And what I would recommend is try to keep your comments as brief as possible, and don't go over the same ground that somebody before you, uh, has already covered. Witten: My name is Blake Witten. I'm a Professor at the University. I've concluded that there must be something seductive about being elected to public office, such as city government. At some point, I think you start to believe that it's your job to protect people and to run their lives for them. First the City Council passed a curfew... curfew law which tells families how late their children can be outside, without fear of being arrested. Then the City Council managed to discriminate against an entire age group of citizens by passing an ordinance which violates, uh, the freedom of association for people whose ages are between 19 and 21. Next no doubt there will be some attempt to violate property rights so that the police will have the power to arrest people within their own houses, all ... all in the name of, uh, stopping house parties. So ... as I see it, there's essentially no end to the busy- body laws that this Council will pass to run people's lives and to take away their freedoms and dignity. The red light camera law is just another case in point. The law is intended to monitor us electronically and to take away another piece of dignity and privacy. I close my comments by quoting the motto on the Iowa State flag: Our liberties we prize and our rights we will maintain. Hayek: Thank you for your comments. Curtin: Hi! My name is Shean. And I live on Muscatine Avenue, and I'm a... Hayek: Sorry, could we get your last name too please? Curtin: Sure! My name's Shean Curtin. And I live on Muscatine Avenue. I'm a student and I go to Kirkwood Community College, which is a few blocks from my home. Um, I'm pleased to be able to speak before you tonight, and I want to allow you the opportunity for people to speak on this issue. Um ... in 1995 1 started school at Roosevelt... Roosevelt Elementary and nearly everyone on my mother's side of the family has lived up ... lived in Iowa City and grown up in Iowa City. Um... and I'm happy to live in Iowa City. I'm proud to call it my home. There are a lot of challenges that we have in Iowa City and there are a lot of positive things about our town as well. Um ... you know, we have a very diverse population, which gives us a lot of strength, and we have a top tier university, which also contributes to an enlightened, tolerant, and capable public. We have a local government, which is in fact accessible, transparent, and cognizant of the needs of our people, and I'm grateful for that. I just wanted to share with the Council that I felt very safe when I was growing up here as a child, um ... you know, we'd ride around on bikes, skateboards, roller blades, play street hockey til it was dark, til dusk, and our parents were reassured that the police did a great job with patrolling our This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 24, 2012. Page 15 very happy to be here still today. Um ... I'd ... I just wanted to say that there have been a lot of changes that have happened in Iowa City and ... in my lifetime, um, I'm a pretty nostalgic guy, but the changes have been overwhelmingly positive that we've had here in our town. Uh, we've got folks from all around the Midwest who've come and moved to Iowa City, and there have been a lot of...a lot of things that go along with that, and we've handled that well. Um ... we also have a ... a great culture with our ... with our university and we have a ... a lot of fun on game day and things of that nature. We also have a ... a great civic minded dialogue that goes on downtown in the ped mall, urn ... to get ... to get to the issue that we're talking about, um ... I guess ... I guess what I want to say is that ... there are other people who share a love for our city and they've responded to challenging times and in different ways, often I feel it's been inappropriate and misguided. Instead of embracing our new neighbors and any associated challenges that we have, we've introduced to our area ... uh, a lot of things that... that I don't like, um ... we introduced a curfew and we did fine without that curfew when I was a child. We didn't need it. We were all safe and we all got along well. We've uh ... we've introduced... we've introduced, uh, check points for our games and told people when they could arrive and when they must leave, and things seemed to be handled fine before we had such rigid control on those things. Uh, but then we also look at things like the use of cameras with cameras in our downtown area, and um ... you know, I just ... I wonder ... why we do all these things where we raise revenue and we have such a strong, confident police force that could be out in the community working with people in the community and that goes on to things like traffic safety, urn ... there are a lot of practical reasons that I would encourage you guys to vote against this proposed ordinance. Um, I'd like to take this opportunity to make the Council aware that if this ordinance passes tonight and it passes in the final session that there are people in the community that ... that are prepared to introduce... introduce a referendum to overturn the law. This will be met at opposition at every single point. Um... and I know it was a close vote last time so I ... I want to cover just a few more points and then I will definitely... I'll definitely be done tonight. Um, you know, there's a lot of public opposition against this, um, and I would just ... I would ask ... how would we ... how would we feel if we ... if we put this into law and then our government in Des Moines, which is actually considering a ... a proposal to not have any, uh, electronic means of communication on our traffic. There's a bill to our State Constitution that's being looked at right now, and our State House is very likely to pass it. It'd be likely to pass in the State Senate and the Governor's indicated that he would sign a constitutional amendment to our State Constitution outlawing this sort of thing. This would create a large amount of red tape for the Council, not only with the company and the expectations they might have from us, but then also with ... with the state law, um, we ... we definitely do not need to move too fast on this, and I'm glad that's why we're able to speak about this tonight, uh, had something similar in Houston where they en ... they instrumented ... they started this policy, uh, and there was a public referendum, which lead to a law suit by the company that provides the cameras, uh, they were expecting some revenue and they didn't get it and so the City of Houston had to This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 24, 2012. Page 16 deal with a $25 million lawsuit. There are a lot of unintended consequences with these things, urn ... as people on the Council mentioned, what do we ... what do we know what this is going to do. There are a lot of extenuating circumstances. We could have people getting, you know, just so worried about this ... this, these relentless cameras and these exorbitant fines. We've got people running into the backs of other people at...at these lights and, you know, there are a lot of unintended consequences, um ... what we need to do is we need to have our police available to deal with situations. They need to use their best judgment. They need to be in the community. We don't need our ... we don't need our police or our city council tied down with red tape. We don't need people sitting behind computer monitors. We don't need to track people down who don't want to pay these fines. We don't need to overbu ... overburden our court system. Um ... this ...this just flies in the face of how we live our life in Iowa City with all the great people we have. We don't need it, and we have to oppose it. Thank you. Hayek: Thank you, sir. Hampfill: Hi, my name is Martha Hampfill. I live at Oakcrest Street here in Iowa City. Um, I too would like to start with our state's motto. Our liberties we prize and our rights we will maintain. Tonight I am here to do what I can to maintain the rights of my fellow Iowans. I would like to express my sadness that the Council is even entertaining the idea of unconstitutional red light cameras in Iowa City, which will certainly violate our rights to due process and privacy. I understand the main argument in favor of the privacy violating cameras is safety. I understand that over a ten year period at ten intersections there were 165 crashes caused by drivers running red lights. That's less than two crashes per intersection per year. Our city simply does not need these cameras. Iowa City is known for its small -town atmosphere and big city choices. While the proposed red light cameras are not something I believe Iowa City residents would choose, and the cameras will surely diminish our small -town atmosphere. Based on speed and distance, the proposed cameras have sensors that can detect when a driver will run a red light, and stop cross traffic from getting a green light. It seems to me that that alone is a great answer to the concern of safety. Intersections made safer by sensors stopping cross traffic. Done! Why must a picture be taken as well? It disturbs me greatly that ... that violating our right to due process is considered a solution to the issue of drivers running red lights in Iowa City. Have we considered lowering the speed limit to at least 25 approaching proposed intersections where the speed limit is higher? Or have we thought about possibly placing speed bumps at intersections? I personally would have no problem slowing down for a speed bump if it meant I could prevent the deterioration of our Constitution. As a parent, I want my son to learn that it is his own responsibility to stop at red lights, and not the responsibility of a camera to make sure he is doing it. Also, I want him to have the freedom to use his best judgment, to be able to take everyone's safety into consideration, and decide whether to slam on the brakes or clear the intersection. I believe if we use red light sensors instead of cameras, lower the speed limit at approaching select intersections, and /or even This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 24, 2012. Page 17 installing speed bumps we would have safer intersections and not have to trample on the rights and liberties we prize so much. Council, I strongly advise you, please do not bring this shame upon our city. Thank you. Hayek: Thank you for your comments. Grimm: Good evening. My name is Matthew Grimm. I live in Iowa City on 712 Spring Street. I'd just like to make a few quick points. Uh, there are serious questions about whether red light cameras live up to the claim of improving safety. Nation- wide studies have shown that red light camera installations cause an 8 to 81 % increase in rear -end collisions and generally fail to prevent dangerous t -bone collisions, which are caused by drivers so inattentive that a red light camera presents no deterrent. The American Automobile Association, perhaps the most respected advocate for traffic safety in the country has widely criticized the use of red light cameras. They called Washington, D.C.'s camera program a `shake down' and said that it is clear that money and not law enforcement or safety is the main motivation behind the program. And this seems to be true based on a 2005 study by the Washington Post. Despite 500,000 violations and 32 million in revenue under a six -year program, crashes at locations with cameras more than doubled. Injuries and fatalities climbed 81 %, and side impact crashes rose 30 %. The AAA has offered a low -cost solution to the problem. Lengthening the time for yellow lights. One study concluded simply, increasing yellow light time could reduce side impact accidents by up to 90 %. Given the dangers of red light cameras and the serious civil liberties concerns of all traffic camera systems, we urge the Council to vote down the proposals. Thank you. Hayek: Thank you, sir. Throgmorton: Thanks! Enzel: Susan Enzel and I live in Magowan Avenue, and I spoke to you at the last session. I appreciate the votes of those of you who vote in favor of putting cameras at some select intersections to ensure that drivers respect the law ... to stop at a red light. I think there have been some very good suggestions made this evening. The idea of using cameras to delay, uh, cross traffic from starting, I think that is an excellent idea. Um, I also think the idea of lengthening yellow lights, not only intuitively makes sense, but if there are data to back it up, I think that's great. Um, I'm glad you have some questions to put to staff, uh, Mr. Throgmorton. Um, because I think it is important to be data based. But, I think ... when we talk about traffic cameras and uh, the fact that it may be infringing on our rights, I think of the cameras that are all the place now. You go to any airport, you go to any government building, any shopping mall, um, I mean, I think we're past that. We need to talk about real infringement of ... on private rights, and urn ... I would also comment, as one woman said last time, that we must remember that driving is not a right. It's a privilege, and with that privilege it goes respect for other people and their safety. I brought to your attention by an email that, uh, in the Gazette on This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 24, 2012. Page 18 January 201h the Chief of Police, the outgoing Chief of Police at Cedar Rapids, presented some very interesting data. I won't go through all of it, but basically from the time Cedar Rapids put in cameras, uh, to the present, the number of crashes at intersections with cameras had dropped by 12 %. Traffic crashes were down throughout the entire city by 22 %. And fatal crashes in the city had been reduced by 80 %. And if we took in 1 -380 and their slowing the speed limit down there, the results are just phenomenal. So I think let's get some more research on this. Um, let's also keep in mind that when people see that the light is changing yellow and there's a red light, to run the red light they don't slow down, they don't keep going at the same speed, they often speed up! And that I think is an added hazard. So I ask you to look at the data that come in and to, uh, I hope you still will come down on the side of...of installing these very few traffic cameras in dangerous intersections. Thank you. Hayek: Thank you for your comments. Paige: Hello, my name is Alex Paige. I'd just like to, uh, state a few things about the traffic cameras that I feel, uh, I think that I'd like to echo what, um, one of the previous people said that, um, that a lot of people in Iowa City really just view this as ... as a shakedown. I think that it doesn't have a lot to do with safety. I think it has to do with revenue. Um ... and safety's important. I think that we all want to drive in a safe community, and you know, we don't want to, you know, get into crashes every time we come up to a red light, but there's a big difference between security cameras at airports, at post offices, and um, a camera that, you know, automatically will issue you a very expensive citation. I think that in these economic times we don't need to nickel and dime people, um, with, you know, other ... other costs. I think that safety's important but, um ... think going after people as they're going along their way to work, you know, that's what we have ...that's what we have traffic cops for is to, you know, enforce the traffic laws and don't think we need machines to do that for us. Thank you. Hayek: Thank you, sir. Okay. Let's take this back, uh, to Council for any final discussion. Again, we're going to take this up at the third reading but uh, is there any further discussion at this time? Champion: Well, uh, thank you for coming tonight. As everyone knows I'm against these cameras, whatever you want to call `em, and I ... I think part of the reason is that the fine goes to the car and I don't think the car is committing the crime, and that (laughter) that really does bother me that it's an afterthought. The crime is... the punishment is delayed, and I think of when my family is home and there's 39 of us. They're all driving everybody's cars. I would not remember who was driving my car at that particular minute. I mean, I hope they're not running red lights, but I ... I don't ... I just don't like the way the whole thing works. I think the only reason they're so popular is that cities can do `em without a big investment, uh, and these camera companies are making a fortune! So I'm still going to vote against `em. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 24, 2012. Page 19 Hayek: Further discussion? Okay, roll call, please. Uh, item passes 4 to 3; Throgmorton, Champion, and Payne in the negative. And thank the, uh, audience for its commentary on this. Karr: Motion to accept correspondence. Dickens: So moved. Throgmorton: (mumbled) Hayek: Moved by Dickens, seconded by Throgmorton. Discussion? All those in favor say aye. Opposed say nay. Motion carries 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 24, 2012. Page 20 ITEM 14. CONSIDER AN ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION B, TO AMEND THE REQUIREMENTS FOR NON -BAR AND ENTERTAINMENT VENUE EXCEPTIONS. (PASS AND ADOPT) Champion: Move adoption. Dickens: Second. Hayek: Moved by Champion, seconded by Dickens. Discussion? Champion: Well I want to thank our legal department for all the work they put into this, and I really hope that this is the last time we're going to deal with this issue when I'm on the Council. (laughter) Mims: I'm sure they hope so too! (laughter) They've put a lot of time in... Hayek: Roll call, please. Dilkes: Oh I did just want to mention that we changed the effective date to May 1St to give us some time to get over the ones that are in the ... the hopper. So... Hayek: Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 24, 2012. Page 21 ITEM 15. CONSIDER A RESOLUTION SETTING POLICIES IMPLEMENTING IOWA CITY CODE 4 -5 -8 INCLUDING ALLOWABLE PAULA RATIO, PAULA RATIO DEFINITIONS, CRITERIA FOR AUDITING ESTABLISHMENTS, AND INITIAL DEPOSIT AMOUNT FOR AUDITS. Champion: Move the resolution. Dickens: Second. Hayek: Moved by Champion, seconded by Dickens. Discussion? Roll call, please. Item passes 7 -0. Champion: I meant to ask a question. Can I still ask it? Hayek: Sure! Champion: When this starts, does that start ... the day it starts, is that when your ... your time period for your PAULAs start, the day this ordinance is effective? Dilkes: It's ... it's when the application is made and you look back 12 months. Champion: Okay. All right. Dilkes: Yeah. Hayek: Okay! This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 24, 2012. Page 22 ITEM 18. CONSIDER A RESOLUTION AUTHORIZING IOWA CITY TRANSIT TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH CORALVILLE TRANSIT AND ELDER SERVICES, INC. TO PROVIDE MATCHING FUNDS FOR A NEW FREEDOM GRANT. Mims: Move the resolution. Payne: Second. Hayek: Moved by Mims, seconded by Payne. Discussion? For the public's information, this has to do with the funding of a volunteer transportation coordinator. Further discussion? Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 24, 2012. Page 23 ITEM 19. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR JANITORIAL SERVICES FOR THE TRANSPORTATION SERVICES DEPARTMENT. Champion: Move the resolution. Mims: Second. Hayek: Moved by Champion, seconded by, uh, Mims. Discussion? Throgmorton: Just to break the monotony, I'd like to ask a couple questions. Hayek: (laughter) Sure! Throgmorton: Uh, maybe Jeff, uh, you'd be the person to answer these questions — I'm not sure! Uh, how do employee benefits and salary at ABM compare with those in city government for comparable positions? Fruin: I don't, um, Chris, you can address that if.. if this answer doesn't cover it, but we typically don't request information on wage and benefits when we contract with a ...a private sector entity. So I'm not sure we have that information at this time. Is that accurate, Chris? O'Brien: Uh, we do have the hourly. Fruin: You do have it! O'Brien: We didn't have the benefit information, uh, it ranged from ... for the, uh, general cleaning position it was 9.95 an hour up to 10.25 an hour, depending on ... on which facility. Throgmorton: What are they for the comparable City employee? O'Brien: Uh, for the, uh, custodian position, uh, the starting was 14.82, topping out at 18.92, uh, and up to the maintenance worker II started at 16.34 and topped out at 21.02. Throgmorton: I ... I guess a second question. Maybe Chris would answer this too, um, with regard to financial impact, I see the, uh, second sentence in the paragraph says the department would evaluate additional vacancies as they occur, which could lead to additional savings. That's pretty open- ended. So I'm wondering if you're kind of...whether we should infer that there's a possibility that additional, uh, City employee positions could be, uh ... um ... transformed from City staff positions into contractual services, such as this one. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 24, 2012. Page 24 O'Brien: They could. Throgmorton: Yeah. Okay. Payne: I guess I have one more question. Is there some part of the contract that, uh, ensures that they, um ... do an up -to -snuff job? (laughter and several talking) O'Brien: The City does have an out - for -cause as well as evaluation of the actual work being performed, yes. Hayek: Further questions or further discussion? Throgmorton: Well, I ... I think the nature of my questions uh ... uh, implies that I have some discomfort with this. It sounds to me like, uh, what we're doing is trading, uh, well we're vacating certain positions (noise on mic) and transferring them to a... a private firm that will pay worse salaries. I don't know about benefit packages, and that it's kind of open -ended in scale. So if that's the case, that bothers me, and I would have to vote against it. Mims: I guess I look at it this way, that ... one, in this particular case at least we're not laying people off. These are positions that are already vacant. To me, as I sit here as a Council Member, I ... my philosophy is that it is the city's job to provide services to this community and to the taxpayers, um, in a reasonable and efficient manner. It is not our job to create public service jobs. And so it's our job to help create private sector jobs that help support the community, but if there ... and I would not be sitting here say in support of this if we were laying off a bunch of people. But since these positions are already vacant and it sounds like there has been maybe a fair amount of turnover in some of these positions, cause they're not necessarily desirable, uh, shifts, and we can... contract with a private vendor to provide those services, then ... I don't have a problem with it. Champion: Well said! Throgmorton: I take the point and it's certainly a good one, but it puzzles me how we could be, uh, having trouble filling these positions by offering salaries that are higher than what are going to be offered by the private firm. Otherwise I ... I gather the working conditions would be essentially identical, the hours, etc. So ... I don't see if that's a good trade -off. I mean, my ... you know, it would save the City money. I see that. So I take the point. Hayek: Well, I ... I share, uh, Susan's, uh, thoughts on this. This ... these are vacant positions and we have an opportunity to, um ... to, uh ... reduce our costs in that area, um ... and I think it's something especially in ... in this modern era of increasingly tight budgets, uh, that we have a responsibility to look at and I think it makes sense in this case. Maybe not all cases, but at least this case. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 24, 2012. Page 25 Dobyns: What would be the alternative, if we voted this down? It would be ... we'd have to go, um ... repopulate the City's staff, um, that would take these positions and try and fill them again, I mean... okay. O'Brien: Yeah, we'd fill the positions. Dobyns: All right. Hayek: Further discussion? Roll call, please. Item passes 6 -1; Throgmorton in the negative. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 24, 2012. Page 26 ITEM 20. CONSIDER A RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN -UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. Champion: Move the resolution. Payne: Second. Hayek: Moved by Champion, seconded by Payne. Discussion? What we typically do is see if any ... is there anybody in the audience who is ... who is on this list and who has shown up tonight to contest, uh ... their placement on the list? Okay, and just for your information, if...if someone does show up to contest it, we pull them off ...off the list and we vote on the remainder of the list, and then we take up that specific case at a different Council meeting to allow staff to basically prepare their case so to speak, and we have a mini - hearing (several talking). Yeah, so ... so, but there's no one, uh, to do that tonight, so the entire list is before us for voting. Dobyns: Move resolution. Throgmorton: Second. Hayek: Didn't we already (several talking). Focus! Further discussion? Roll call, please. Item passes 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 24, 2012. Page 27 ITEM 21. CONSIDER A MOTION GRANTING A 30 -DAY EXTENSION TO THE POLICE CITIZENS REVIEW BOARD FOR THE FILING OF THE PUBLIC REPORT WITH THE CITY COUNCIL ON COMPLAINT #11 -02. Mims: Move approval of the motion. Dickens: Second. Hayek: Moved by Mims, seconded by Dickens. Discussion? Throgmorton: Does this, uh, refer to the topic we were addressing during the work session? Karr: No, this is complaint #11 -02. Throgmorton: (mumbled) Okay. Thanks. Hayek: We get these requests periodically for extensions on time. Any further discussion? All those in favor say aye. Opposed say nay. Motion carries 7 -0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 24, 2012. Page 28 ITEM 25. COUNCIL APPOINTMENTS. Hayek: Um, earlier this evening at our work session we agreed to appoint, uh, Paul Hoffey to the Civil Service Commission; Mark Holbrook to the Senior Center Commission; and I believe that's it. Is there a motion on those? Mims: So moved. Payne: Second. Hayek: Moved by Mims, seconded by Payne. Discussion? (several talking) Dobyns: I just wanted to, uh, thank Alexandra Tamarius did offer, um, to go another few months as a senior, um, to help out with the ... and extend the leadership that she's provided to many of our Youth Commission, and I just want to thank you for work, we talked about it yesterday and um, she'll provide some ad hoc assistance to the group, but we're going to be looking for a younger person so I just want to thank Alexandra for her work. Hayek: Wonderful! Thanks for those comments. All those in favor say aye. Opposed say nay. Motion carries 7 -0. And I also want to just repeat what, uh, just a few more openings on our ... on our commissions. Uh, one vacancy for the Airport Commission, two vacancies on the Airport Zoning Board of Adjustment, two vacancies on the Airport Zoning Commission, uh, four vacancies on Historic Preservation, one at- large, one for Woodlawn, one for College Green, and one for each College Street. Um, two vacancies on the Telecommunications Commission and uh, one vacancy on the Youth Advisory Commission and another vacancy for a student from Tate High School for the Youth Advisory Commission. Encourage the public to apply for those spots! This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 24, 2012. Page 29 ITEM 27 CITY COUNCIL INFORMATION. Hayek: Start down on your end, if you have anything, Jim. Throgmorton: I'll be brief. I want to, uh, a meeting with Henry Harper and some... about ten or so of the students in his fast track group, uh, several days ago, right before they went to see a film called "Red Tail," about the Tuskegee Airmen, and uh, it was great hanging out with `em! It was a terrific group of kids and uh, I really enjoyed listening to them talk about the questions that, uh, Henry would pose to them and see how they engaged those questions, uh, it was a terrific experience for me. I really admire the kids! Hayek: Thank you! Connie? Mims: Nothing. Dickens: Nothing. Payne: Nothing for me. Dobyns: Um, just sort of a shout -out to those students in high school, um, I congratulate the three, um, Lucas Elementary kids who were, got Outstanding Citizen Awards today, but those of you who got those awards many years ago, um, and are now sophomores and juniors in our high schools, or even if you're home ... even home - schooled, um ... please consider the, uh, youth activities commission. We're looking for your participation. Thank you! Hayek: Thanks, Rick! Boy, you are a great liaison to the Youth Advisory Commission (laughter). Super- sizing our marketing effort! (laughter) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 24, 2012.