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ITEM 2. PROCLAMATION
a) Mercy Hospital Guild 50th Anniversary - 2012
Hayek: (reads proclamation)
Karr: Here to accept the proclamation is Ron Reed, President and CEO of Mercy
Hospital, and Carly Ambrisco, President of the Mercy Hospital Guild. (applause)
Hayek: (mumbled) ...take a picture and then (several talking and laughing)
Karr: You want to join them up front?
Hayek: Whatever! (several talking and laughing) (applause)
Reed: Mayor Hayek, uh, Council Members, City Manager Markus, and general public,
uh, I want to thank you on behalf of Mercy Iowa City for recognizing the Mercy
Hospital Guild. As you've just heard in the proclamation, the mission of Mercy
Hospital is to heal and comfort the sick and work with others to improve the
health of the community. Uh, Mercy Hospital has been fortunate to have the
Guild as a steadfast partner, uh, in carrying out our mission. Guild members
have ... have shown leadership, foresight, and generosity over the years as they've
served Mercy, and of course the patients and families that we also serve. From its
modest beginning in 1962, and I think it had a bake sale, the Guild has grown into
an organization that leads over two dozen volunteer departments within the
Hospital, and raises more than $100,000 a year for patient needs. I want to point
out just two areas where the Guild support has provided a valuable service to this
community. First in 1995, which was the first year I came here, and I was
delighted to be the beneficiary of this when I came to town, uh, Guild fundraising
made it possible to renovate a wing in the north building into guest lodging. It
provides about 15 private rooms that can be renovated by family members of
patients for a nominal fee and is staffed by the Guild members on an ongoing
basis. Uh, second is Mercy Hospice Care, uh, which represents a significant
commitment of the Guild. This ... Johnson County's only hospice unit is six beds,
and it opened in 2009 and provides a peaceful and caring environment for
individuals at the end of life. Again, this facility was made possible by the
generosity and hard work of the Guild. Every year, uh, Guild members create
unique handcrafted Christmas ornaments which are sold in the gift shop at Mercy,
and these, uh, these ornaments are beautiful and are called, uh, `Angels of Mercy.'
But, from our perspective, and I hope from the community's, uh, the real `Angels
of Mercy' are Guild members and I sincerely appreciate you recognizing them
here tonight, uh, for 50 years of service to our community. Uh, we will recognize
the Guild's 50th anniversary with a public celebration, uh, at the hospital on
Wednesday, October 24, of this year, from 2:00 to 5:00 P.M., and I'd like to
extend an invitation to the City Council and all the members of the general public
to attend that event. Again, thank you and uh, while I'm up here, thank you for
your service to the community, as well. We appreciate it! Thank you! (applause)
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formal meeting of August 21, 2012.
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Hayek: Thank you, Mr. Reed and Mrs. Ambrisco. Uh, we're blessed to have Mercy in
town and ... and the service of the Guild, uh, is part of the volunteer ethic I think
that makes Iowa City what it is, so we appreciate you being here!
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ITEM 4. 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
that is not on the agenda that you'd like to bring to our attention this evening, we
invite you to step forward. We ask that you sign in and also verbally give us your
name and limit your comments to five minutes or less.
Knight: Not too bad, how about you? Sorry, I would have been up here a little bit earlier,
but there was a train going through!
Hayek: Ah!
Knight: (mumbled) Thank you. Never mind! (laughter) Hi, my name's Roger Knight,
and I'm just wondering things like, um ... the 14 -story building that's going to go
downtown in the ped. How does that fit into the ped? And ... you know, it's going
to bring in more traffic downtown with the students because you know mostly it's
going to be students probably rentin' it and we already have problems like what's
going to come up later with littering from the parties and house parties and all.
Do we need this downtown in our peds? In our ped mall. When we're trying to
bring in local companies and companies from other states and all this, to come
into our beautiful ped (mumbled) those bottles over there, and ... come in and
please start a business here! How's that going to fit in, and I know the project's
already pretty much been done and over with and can't be stopped. Uh, for the
most part, but I'd like to see something be done about that because we don't need
more people in the ped for, you know, we've had other troubles there ... that the
Police Department has seem to have troubles stopping... with drugs and ... I'd be
calling in every day about, hey, this guy over here is smoking something that he
shouldn't be smoking, even on the ped. Or anywhere! And ... I'm just not going
to keep calling in because they're going to stop by the time the Police Department
comes around to give `em a ticket or whatever they do. Now I'd like to see the
City Council vote for something to get this done, to make our ped mall beautiful
again and bring in local businesses that are not bars. Get the students away from
downtown. Let them party in their own little spot of Iowa City, whatever, and
move forward with that. Cause I bet you that was never thought up before with
that 14 -story building. And any other projects that are coming ahead. What are
we gonna do to keep, you know, our creeks clean and all that, with garbage and, I
mean, I can go down to the one down here on Gilbert, probably pick up 14 beer
bottles. Yeah, that looks beautiful! Just somethin' to think about. And, you
know, let's get something going with other than who's got the money, to bring in
buildings. Let's beautify our city. Cause our city is dying! And it is! Cause
right now it's about who's got the money to make these projects. They build up
all these buildings with rental spots and commercial spots, but they don't worry
about the commercials... this commercial spot, so they just sit empty! How you
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going to bring in a city ... or I'm sorry, a business into our city when we got all
these empty spots sittin' around. Thank you. Just something to think oP
Hayek: Thank you, Mr. Knight. Would anyone else like to make comments to the City
Council during community comment? Okay! We will move on.
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ITEM 5b REZONING APPROXIMATELY 2 ACRES OF LAND LOCATED SOUTH
OF HIGHWAY 1 AND WEST OF SHIRKEN DRIVE AT 521 AND 531
HIGHWAY 1 WEST AND FROM INTENSIVE COMMERCIAL (CI -1) TO
COMMUNITY COMMERCIAL (CC -2). (REZ12- 00013)) [Discussion only
at formal meeting]
1. PUBLIC HEARING
Hayek: This is a public hearing. I'll open it at this time. (bangs gavel) And Mr.
Davidson!
Davidson: Good evening, Mr. Mayor (both talking)
Hayek: ...ex -parte, uh, before you start up, Jeff. Sorry `bout that! Any ex -parte
communications that Council needs to disclose? Okay. Jeff!
Davidson: Uh, good evening Mr. Mayor and Members of the City Council. Uh, Item 5b
before you this evening is a City- initiated rezoning from CI -1, uh, to CC -2. I see
in the staff report there's an error there. It should be CI -1 to CC -2, in case you're
taking your information off of that. The purpose is to bring, uh, t he uses that are
presently at this location into conformance with the zoning code. Uh, the location
is on Highway 1 and you can see from the location map here, uh, it includes 521
and 531, uh, Highway 1 West, and what these are is this is the Godfather's Pizza
property. This is the Deli -Mart property which also includes another, uh, business
at the end that's not a part of the Deli -Mart, and it is in fact, uh, a use that wish...
wishes to locate in that location that is kind of the impetus to having this before
you. Uh, it is a use that is, uh, allowed in the CC -2 zone, but not in the CI -1 zone
which is the current zoning. Uh, the site, uh, is, uh, approximately 3 ... 3.5 acres,
and originally included 1119 Shirken which is the property right here, uh, and as
you see from the memo that was included with your information, that was
withdrawn at the request of the property owner, uh, due to a desire to possibly of
sometime locate a use in there that is allowed in the CI -1 zone, but not in the CC-
2 zone, and so that was the reason that was withdraw ... uh, withdrawn. Um,
basically what we're trying to do here, uh, with this proposed rezoning and the
reason it is City- initiated is ... uh, to establish what we feel is the appropriate
zoning, consistent with the Comprehensive Plan at this location, and those of you
who have been on Council for some time, and I think even some of the newer
members, we have had a number of issues throughout the ... the last several years
relating to CC -2 versus CI -1 uses, in particular ... I mean, throughout Iowa City,
but in particular in this corridor. Um, and ... and the ... the CI -1 zone is, um...
commercial - intensive, uh, even quasi - industrial type uses. CC -2 are the more
retail -type uses, high visibility locations, uh, and high traffic count locations, and
also with improvements to the traffic system, such as the traffic signal that's
...that's located, um, on Miller Avenue here, uh, make ... really everything along
the highway, we feel, appropriate for CC -2 zoning, and we've had many
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discussions over the years with property owners about possibly rezoning their
property, uh, from CI -1 to CC -2, if it is right along the highway, and, you know,
basically people are nervous about change, resistant about change, and we've had
people who just haven't been quite ready. It's typically when we have a change
in use, such as what you have before you this evening, that's why these specific
properties have been called out, and those are the ones that are before you. Uh,
we do have an initiative that we are just in the process of beginning, where we
hope to add some, uh, simplicity and user friendliness to the distinction between
those two zones. We're putting together a sub - committee right now. It's going to
include some community business people; basically look at the two zones. The
goal, the hope would be to make the uses allowed in each zone more similar, have
some performance standards where they're needed to provide buffering or
whatever. That ... that's in process right now so that hopefully we'll have fewer of
these before you, but for what's on your agenda this evening are the two
properties here and the proposed, uh, and ... and it is recommenda ... recommended
by both staff and the Planning and Zoning Commission to, uh, change the use
from, or the zoning classification from CI -1 to CC -2. Uh, do you have any
questions about, uh, this specific, um ... uh, instance that you're being asked to
consider tonight, or any distinctions between the two zones that you'd like
clarified?
Payne: I ... I do have a question. So eventually the desire would be for the CC -2 zone to
go on that... extend to the west on that property line?
Davidson: Yes...
Payne: All the way over to Rupert Road?
Davidson: There could certainly be a case made, uh, for ... and ... and we in fact even talked to
some of the property owners in this area, because we just figured we'd ... we'd
bring in as large an area as possible. And again, there was just some hesitancy, no
reason to really do it, and so, uh, people did not wish to have any additional
property brought in, but philosophically, Michelle, everything along this high -
visibility, high - traffic corridor — it makes sense for it to be more of a retail use,
and transition... typically that's a higher property value. So might transition from
CI -1 to CC -2. A lot of these CI -1 uses ... are from when Highway 1 was a two -
lane, fairly rural, uh, road out here, and those uses would have been more
appropriate, but now with Walmart and the car dealerships and everything out
here, much higher visibility, much higher traffic count, and therefore the
transition. Any additional questions for me before you continue your hearing?
Hayek: Thanks, Jeff!
Davidson: Thank you.
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Hayek: Would anyone else, uh ... to weigh in on this issue, uh, before I close the public
hearing? Okay, public hearing is closed. (bangs gavel)
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Mims: Move first consideration.
Dobyns: Second.
Hayek: Moved by Mims, seconded by Dobyns. Discussion? Roll call, please. First
consideration passes 7 -0.
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ITEM 5c AMENDING TITLE 14, ZONING CODE, TO ADD A DEFINITION FOR
"DELAYED DEPOSIT SERVICE USES" AND REGULATE SAID USES
AS PROVISIONAL USES IN THE COMMUNITY COMMERCIAL ZONE.
(PAYDAY LENDING INSTITUTIONS)
1. PUBLIC HEARING
Hayek: This is a public hearing. Public hearing is open. (bangs gavel)
Davidson: Uh, Mr. Mayor, did you have any additional questions from the work session, uh,
otherwise I'll just leave the map up here for discussion?
Throgmorton: I ... I'd like to see you describe what's on the map, help people understand what it
displays.
Davidson: Sure! This is an item that was brought to us originally from ... by members of the
public who appealed to you to address the, uh, location of payday lending
businesses in our community. Uh, you directed staff to, uh, take a look at that,
and ... and that is what we've done. You have a recommendation, uh, to make
some changes. That comes from staff and the Planning and Zoning Commission
should you, uh ... uh, wish to do so. What you see here on the map in purples are
areas of CC -2 zoning that we were just talking about, which ... the proposal before
you is to allow payday lending businesses in CC -2 zoned areas, uh, but to have
separation requirements of 1,000 feet from churches, parks, daycares, and other
payday lending institutions, and you know, the... the... what we've been trying to
investigate and consider here is this phenomenon of payday lending institutions,
which have basically evolved to provide a second tier in the, uh, national financial
system for people who have difficulty accessing the traditional, uh, system of
banks and credit unions, and it provides a mechanism that many people do not
approve of, but that others see as a necessity, uh, for people who cannot access
those conventional financial institutions, and so, uh, there ... these have been
established in ... in ... in several places. Uh, what you see here in the red dots are
the lo ... existing locations of payday lending institutions in our community. The
yellow dots are where there formerly, uh, were payday lending institutions but
aren't currently. The blue dots are churches or daycare centers. Um, and again,
the ... the proposal from the Planning and Zoning Commission is, you know,
basically our investigation showed that there have been some studies done that
show there is a nexus between the location of these, uh, payday lending
businesses and economically distressed areas, areas with higher rates of crime,
and that sort of thing, and so for that reason limiting the concentration of these
units may be something, uh, that is advisable. We ... we were able to locate four
communities in Iowa — Ames, Des Moines, West Des Moines, and Clive where
they have ordinances that regulate the location, uh, and as I mentioned, what is
proposed is that within these purple areas, uh, there would be a ... they would be
allowed by ... as a provisional use. You meet certain requirements and you're
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allowed. You don't have to go through the Board of Adjustment or anything like
that, uh, but with this... requirement for the 1,000 foot spacing, which is similar to
our adult business requirement and our liquor establishments' requirement, and
that's why the ... the 1,000 feet. What it results in is that existing payday lending
businesses that you see with the red dots would be allowed to continue. There
would be no new payday lending businesses allowed to be established, except for
in this area... in this area... in this area right here, and if you have any questions
about what we're looking at here, this is for example where the Carlos O'Kelley's
is located on Highway 6, and out in the Streb Industrial Park, Scott 6 Industrial
Park. Those are the only locations where, if the provisions of the zoning
ordinance were met, new payday lending businesses would be allowed to
establish. If a payday lending business went out as long as a new one was re-
established within a year it would be allowed to re ... be re- established where the
red dots are located. But the significant... obviously the significant thing that
you'd be approving, uh, with the final reading of this is the location of new
payday lending businesses.
Throgmorton: Jeff, could I pursue a hypothetical with you?
Davidson: Sure!
Throgmorton: Am I understanding correctly that, uh, if... if we adopted this ordinance, uh, a new
payday lender could locate somewhere near Carlos O'Kelley's, or one of those
other locations you identified. But once that had gone into operation, no other
(both talking)
Davidson: That's correct, within 1,000 feet (both talking) within 1,000 feet which would
pretty much be the entire area, so that's correct, Jim.
Throgmorton: Right, okay.
Davidson: Any other questions before you continue your hearing?
Hayek: Thanks, Jeff!
Davidson: Thank you.
Hayek: Are there other members of the public that would like to address the Council
during the public hearing? And it appears, uh, from my glance of the audience
that there are a number of people here on this item, as with any other item, um... 1
would ask that you keep your comments to five minutes or less, and, um, try not
to go over the same territory somebody who has previously spoken just went over
if you have, uh, if there are several people here to address us on this issue, uh, try
to take up points and... and provide information that we haven't already heard.
Just say that in advance! Thank you.
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Hembreiker: My name (clears throat) my name is Helene Hembreiker. I am a member of the
Iowa City Citizens for Community Improvement. Payday lenders prey on
vulnerable members of our community. And this causes people who use these
services to sink deeper into debt. The Iowa Legislature has failed to pass a bill to
cap interest rates on payday loans. So it is up to individual cities to regulate these
businesses. The City of Ames is the fourth city in Iowa to pass a zoning
ordinance to curb the abusive practice... practices of payday lenders. Their new
ordinance serves as a model for us and for other cities here in Iowa. Thank you
for drawing up this most important ordinance. I request that it be passed. Thank
you.
Hayek: Thank you for your comments.
Strottman: Hey! Uh, I'm Jeff Strottman and I'm with CCI, um ... I just heard some things
recently that ... that raised some questions for me. Uh, one ... (mumbled) attorney
made it sound like if somebody ... is grandfathered in and they close business,
somebody else can pick up that payday lending license or whatever exception, uh,
within a year, and that wasn't my understanding of it, and the other thing I got
from his presentation that wasn't part of my understanding, he didn't mention
1,000 feet of schools, which uh ... I hope I'm not showing my ignorance of this
town too much — the alternative high school I believe is called Elizabeth Tate,
right around the corner on First Avenue there's a payday lender there. And, I
don't think that's the sort of thing we want (mumbled) model we want for this
town. But... originally I wasn't wantin' to go down those streets, and maybe
some other people can follow upon that. I just wanted to point out ... Ames may
have stolen a march on us, and scored first, in doing payday loan ordinancing, but
we can beat `em, we can have a better ordinance. Clones won't win! (laughter)
Hayek: Thank you for your comments.
Davidson: Just to clarify, it does include schools. If I didn't mention schools I should have.
Champion: So, Jeff, if that payday loan place closes, will that be able to reopen because it's
within 1,000 feet of a school?
Davidson: (both talking) Go ahead, Eleanor!
Dilkes: I think the concept they're talking about is grandfathering, and it's the
grandfathering of the use. It's not the particular business that owns it. So
if... if... if a, um, a lending institution would close, um, but would be resold to
another payday lending institution such that the use would continue, it would
(noises on mic) it could.
Dickens: Within the year.
Hayek: Right.
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Mims: And that's something we have no option on really?
Dilkes: Right.
Mims: Okay.
Rebik: Oops! I think I just turned that, sorry! Maybe you should fix that! (laughter) Hi,
uh, I'm Misty Rebik. I'm a resident here in Iowa City. I'm also a graduate
student. Um ... I support this ordinance. The propos ... the proposed zoning
ordinance cracks down on payday loan ... loans by restricting payday loan shops
the community commercial zones with 100 -foot separation distance from schools,
churches, homes, and apartment buildings. It's a tough ordinance, and uh, the
separation distance requirement is based on the same requirement the City used
for bars a few years ago. Um ... I know that predadary, uh, payday loan ... pay...
payday lending causes neighborhood blight, increased rates of crime, traps poor
people in a cycle of poverty, and drains our community of hard -earned wealth. I
know that a woman already mentioned that. I'd like to repeat it. I've worked a
lot with immigrant communities here in this area and I ... I've heard of this cycle,
um, first -hand, so it's really important to me. Also as a college student, um, I
guess sometimes we're short of cash and it could be tempting to take out one of
these payday loans from one of these predators, that I would hate to see one of
them based in the ped mall or somewhere where we're super - vulnerable to
something like that. So I support this ordinance and thank you for bringing it up,
and I hope ... hope to see you guys pass it.
Hayek: Thank you for your comments.
Kearney: Hi, my name is Matt Kearney. Um, I know people who use these, um, they are
constantly going back. It's not a one -time thing. It's a predatory cycle. I've seen
it; I know it first hand from people that I know. I'm not in that position myself
because I'm lucky, but I see it as, um, you guys, you don't have power to fix
poverty. You don't have the power to make everybody good and not want to
abuse people. You don't have the power to cap interest rates! But you do have
the power to do this, which will make a difference, and I would like you to do it
as soon as possible. Thank you.
Hayek: Thank you for your comments. Anyone else before I close the public hearing?
Fales: (mumbled) I'm Evan Fales, uh, I've lived in or near Iowa City for the last 40
years and I don't have anything really to add what's ... to what's already been said,
but I would like also to, uh, simply urge you to pass this ordinance. If anything I
would wish that a more severely restrictive ordinance could be passed. Thank
you.
Hayek: Thank you for your comments.
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Miller: Hi, um ... I ... just wanted to share some of my opinions about it, I guess.
Hayek: Could I interrupt you and just ask you to give us your name, please?
Miller: Oh! Lynden Miller. I'm sorry! (laughter)
Hayek: Thank you.
Miller: Um ... so I just wanted to let you know that payday lenders are highly regulated in
the state by the State of Iowa. Uh, they're one of the few states that decided a cap
on payday loan interest rates, um, so every payday place has to abide by those
rules. So there is a cap on interest, just so you know. And, um, I also wanted to
point out that with half of the payday lenders having closed in the town, and with
nobody else new looking to come in, I don't know if it's really worth your time to
put this ordinance into place. Um, and I also wanted to point out, uh, that would
banks, since banks are offering payday loans now, like U.S. Bank and the credit
union, um, would they be included in this ordinance? So ... thank you.
Hayek: Thank you for your comments.
Davis: Tom Davis. Um, similar to Lynden, urn ... we are heavily regulated by the bank,
division of banking here in the State of Iowa. We do have a cap on payday loans;
um ... my concern is ... that this was brought to you with two reasons. Um, and in
my mind they don't exist. One is increased crime. What increased crime is
there? I don't understand that part of it. I don't see that part of it. Um, I have not
seen any reports. I believe the Police Department backs it up that there is no
increased crime as a result of payday loans. And also the proliferation of
locations. As ... as the diagram shows, it's been cut in half. We're down to five.
So why do we need ... where's the need for controlling payday loan shops? And
the 1,000 foot distance makes me feel more like a bar, sexual predator, you know,
why ... why is there that? Um ... I don't see it. I think that's all I have for now.
Thank you.
Hayek: Thank you for your comments.
Miller: Hello, my name is Seth Miller. Um, I am also against this ordinance. Um, it
shows on the map there that there is four spots that new payday loan places are
able to locate but it doesn't actually show if there's even any locations available
in those four spots. Um, so you don't even know if there is available space and if
they're going to be off some main, you know, they like to be on a main street that
carry lots of money, you know, just like a bank does. If you make them be in
some back industrial area, that could raise crime even more than if they can be on
a well vis ... visual street that ... with lots of people going by. Urn ... another thing
too is, you know, I don't know why the City Council would want to limit the
number of commercial businesses that can come to this town and pay commercial
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taxes, which are pretty sizable, so, I mean, I don't know why we would want to
limit the amount of income towards the City. Um ... some people say, you know,
they don't want ... they want to see payday lending places be the first thing they
see when they come to town. Well, there's worse things, like vacant commercial
real estate, and that shows like a dying economy and a dying town. So I would
think that I would be for growth and prosperity in this town any way we can get it.
Um ... I would just like to ... you to consider that. Thank you.
Hayek: Thank you for your comments. Anyone else? Okay, I will close the public ... you
want to speak?
Kearney: Hi, my name's Jamie Kearney (mumbled) Iowa City, um, a graduate of the
University of Iowa. I'm also a member of Iowa Citizens for Community
Improvement. I also support the ordinance, um, and I don't want to repeat the
same things other people have said. So I just thought I would, um, site a few fast
facts that I found on the Center for Responsible Lending. Um, the typical two -
week payday loan has an annual interest rate ranging from 391 to 521 %. Um, I
know that many states have capped the interest rate. I guess I wasn't aware of the
fact that Iowa has, as these last few folks have claimed. Um, can anyone verify
that? Can I ask you a question?
Hayek: Well we're really not set up for a back and forth, but (both talking) if the Council
wants to follow up on that (both talking)
Kearney: I'll move on. I guess I would call into question that that, um, that claim. Um...
the turning of existing borrowers' loans every two weeks accounts for three -
fourths of all payday loan volume. Repeated payday loans result in 3.5 billion in
fees each year. The average payday borrower has nine transactions per year. So
that's how people, you know, get caught up in a cycle of poverty. Once they start
using these ... these services. Um, you know, as a former college student I know
what it's like to live from paycheck to paycheck, and it's ... it's hard, especially in
a town where rent is so exorbitant at times. Um, so ... I would echo what Misty
said earlier about think of the immigrant community, think of the working poor,
um, you know, we've got plenty of these already. All we're asking is that they be
regulated, you know, within a 1,000 feet of existing... businesses, schools,
daycare centers, etc. I ... I don't think that's too much to ask, and I would ask for
you to please pass this ordinance. Thank you.
Hayek: Thank you for your comments. Okay, I'm going to close the public hearing at
this time. (bangs gavel)
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Throgmorton: Wanted to ask, uh, if there was anybody in the audience who could answer a
question.
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Hayek: Well we can still (several talking)
Dilkes: The questions... the question is answered in your .... in the memo.
Davidson: ... staff report.
Dilkes: Um, from, uh ... the Planning intern. Uh...
Davidson: I have it right here, Eleanor. Do you have it? (several talking)
Hayek: ...verbalize what that (both talking)
Davidson: Yea, it says Iowa law has banned rollovers, uh, set the maximum loan amount at
$500, set the maximum loan term at 31 days, and set the fee or interest cap at $15
for the first 100 borrowed and $10 for each 100 thereafter. So that's what Iowa
law has set.
Dilkes: Then it also says the annual percentage rate for a two -week, $250 loan based on
the maximum fee is 358 %. (unable to hear person away from mic)
Hayek: We need to get this on the floor to discuss it at this point.
Throgmorton: I'd move adoption of the...
Mims: Second.
Throgmorton:... ordinance.
Hayek: Moved by Throgmorton, seconded by Mims. Discussion by Council.
Throgmorton: Could I ask a question of the audience? Uh, proponents, because... seeking
clarification about a particular point?
Hayek: Uh ... yeah, I guess it depends on...
Throgmorton: It was something I brought up in the work session. I'm just ... I'm wondering if
any of the proponents of this particular ordinance, um, could help us understand
what alternatives, uh, people have when they feel this pressing need, uh, you
know, to ... to pay rent or to buy groceries or whatever, and ... they look around and
they try to figure out where to go to borrow the money. What alternatives do they
have to payday lenders? So it's ... would some proponent help me understand
that?
Hayek: I think, Jim, what we should do is this. I mean, if you want to ... if...if maybe one
person wants to come forward, that's all right, but you ... you've kind of set this up
for an ongoing discussion between the Council and the audience. The ... the
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public hearing is closed. I think it's a little, uh, it goes a little beyond what ... what
our practice is.
Throgmorton: I was trying to ask a question (both talking)
Hayek: Yeah. Um, but since we're already into this, uh, if... if somebody who could be
anointed by the crowd to come forward would do so I think we could resolve this.
Thank you.
Hembreiker: Matt, my name is Helene Hembreiker and uh, the question was are there other
alternatives, if a person's strapped for cash here in this town (both talking)
Throgmorton: (mumbled)
Hembreiker: ... Veridian Credit Union, which I believe was the former John Deere out of
Waterloo. They have a ... um, a ... a place in the First Avenue Hy -Vee here in
town, and all ... and I think there's a new one opening in North Liberty. Uh,
Veridian Credit Union has a program named `PAL' and um ... they have a ... they
give small loans to people in this kind of situation. They have them open a bank
account so that the first $500 they lend, they also ... it's an arrangement where the
Veridian Credit Union puts $500 in a savings account for this person. So, and it
...I believe they have like six months to pay it back. So it's not the two -week
deadline where the person then can't pay it back in two weeks and has to, you
know, the ... spirals down further and further in debt and, uh, greater interest rates.
So the Veridian Credit Union has a "PAL" program for (mumbled) addressing
that very thing.
Throgmorton: Thank you, Helene.
Davis: Tom Davis (unable to hear person away from mic)
Hayek: Sir, we can't pick you up during... during... we record these, uh, these meetings
and you're too far away from the microphone. Let's do this. Before this spirals
beyond what ... what we, how we operate our meetings, uh, I ... at this point what
I'd like to do is have the Council discuss the item; it's on the floor. It's been
moved and seconded. If there are questions for staff, let's ask those and then
discuss amongst ourselves.
Champion: Well I ... I probably am going to vote for this but I do have some problems with it.
If I was a payday lender, I would want us to pass this ordinance. I would want
...let's don't want any more payday lenders in town! Let's keep a little
monopoly. The other thing I like ... I don't like some of the indications of this
policy. For instance, well, you can't be so many feet from a school or a church
or... do we do the same thing for a bank? I£ .. if they didn't have these kind of
ugly buildings, would we have made that an ordinance? I mean, it...it is, you
know what it is when you're looking at it, and so kind of the inference that this is
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an inferior bank, which I agree is but I don't think it should be singled out. It is
... it is a banking service of one kind or another. That really does kind of bother
me. The interest rate is very high. I don't like the monopoly aspect of limiting
these. Um, I think this is a golden opportunity for banks, uh, to provide lower
interest loans for people who don't have the assets that a lot of us have, that we
don't need to have loans to get us from one paycheck to another. Uh, I am going
to support this. I think it's a great opportunity for a non - profit to open up a
payday loan at very low interest. I just ... I have some real problems with the
ordinance, although I ... I support it. I ... the idea kind of just frustrates me because
I know there are people out there who really need this kind of a service, and I
wish there was some other way for them to get it where it didn't cost them this
revolving charge that they never get caught up then. They're just ... anyway, that's
all I have to say. I didn't say it well, but you know what I mean.
Hayek: Other Council commentary?
Mims: I'm going to support it. I think that, um. ... again, I think the interest rates are, um,
excessive. I think the statistics and data show that people tend to get caught in
these repetitively with such a short timeframe to pay back, you know, going from
paycheck to paycheck, and I think there other... are other options. I think they're
not as obvious for some people sometimes and they may have to do a little more
to search `em out, um, but I think there are other options there for people that are,
uh, help in terms of education and moving forward without actually spiraling
down, which I think happens lots of times with these.
Payne: I too am going to support it. I don't know that zoning is really the way to fix the
problem. Yes we'll have ... we ... we'll have less of them. We have a way to limit
the number, but it really isn't the fixing the problem. I mean, there's still going to
be five, there could be nine, um, so it's not ... fixing the problem. It's just limiting
the areas where the problem could be.
Mims: And the only option we have...
Payne: Exactly! Exactly!
Throgmorton: Well I'm going to support it as well, and uh, picking up on a couple of points that
have just been made — uh, I ... I think it ... like one person in the audience said, uh,
this is one tool that we have available at the local level to be used, uh, to ... help,
um ... address this particular problem. I do think it's really crucial that people who
are in financial difficulty have access to... sh... short-term funds when they face
pressing problems, and ... and therefore I would think that CCI and other
organizations around here would want to do everything they can to let people
know what those options are. And maybe to expand the options, uh, but I ... for us
to, um ... constrain the ability of lenders to come in and charge 400% interest or
approximately 400 %, um, sounds like a good idea to me. So, uh, I'll support it.
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Hayek: Um, I'm gonna ... I'm inclined to support, uh, this at least at first ... for first
consideration. I mean, I think it's noteworthy that Planning and Zoning passed it
7 -0, which isn't the end of the analysis but it's certainly relevant to me. I think
it's, um, relevant to one of our strategic goals, which is neighborhood
stabilization. Um, and I'm ... I'm swayed by, uh, the public policy, uh, or the ... the
research that appears to be, uh, out there as reported to us, uh, by staff. Um, I do
have two questions that I don't need answered right now but I ... I'd like
information in advance of second consideration. The first is, um, what was the
timing of the changes in the state law that enacted, that imposed the cap and
whatever related legislation there is. Um, what was the timing of that, relative to
the, uh, bans in the other Iowa communities cited: Des Moines, West Des
Moines, etc. Um, and secondly, uh ... um, I think the answer to this is no,
but ... but is there anything that our ... that local conventional lending institutions,
banks, cred ... credit unions are doing now that would, um, get caught up in this,
that would be covered by, um, this ... this ordinance. So ... those are my two
questions, but I will ... I will support first consideration.
Dobyns: I'll be supportive of first consideration as well. One question that I would like
brought to subsequent consideration, um, I was talking with Jeff about is there
any cause and effect, and there is no proof of any cause and effect that economic
distress is, um, caused by payday lending, and it could be very much the other
way. Um ... however, I'd like some information on these other municipalities in
Iowa (mumbled) an increase in alternative, more responsible, um, lending
opportunities outside of the traditional bank after these, uh, ordinances were
passed. But I will support this first consideration.
Throgmorton: Could I pick up on the point that Rick just made?
Hayek: Sure, Jim.
Throgmorton: I don't know that there's any clear evidence of a cause - effect relationship, but I
think there is, as people have suggested, a clear... clear evidence of a spatial
correlation between the presence of payday lenders and, uh, neighborhood, uh,
con... concentrated pockets of...of poverty. So that spatial correlation becomes
significant and one way of... of reducing the likelihood that a neighborhood will
become more impoverished is to reduce the likelihood that payday lenders will
move in there. So the ... the spatial correlation (both talking)
Dobyns: But there's no evidence of that, Jim. That's just a (both talking)
Throgmorton: Yeah, I think there is evidence of a spatial correlation. There's not evidence of a
(mumbled) one thing causes the other, as best I can (both talking)
Dobyns: I ... I would ask you to supply that because I ... I don't think that exists.
Hayek: Two advanced degree guys going at it! (laughter)
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Throgmorton: He's wrong! (laughter)
Hayek: That's why we put you at opposite ends of the dais! (laughter) Any further
discussion by Council? Roll call please on first consideration. Uh, first
consideration passes 7 -0 and I appreciate the comments of .. of everyone who
showed up this evening.
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ITEM 5d CONSIDER AN ORDINANCE REZONING 2.7 -ACRES OF LAND
LOCATED NORTH OF BENTON STREET BETWEEN GEORGE AND
STREB STREETS FROM MEDIUM DENSITY SINGLE FAMILY (RS -8)
ZONE TO OVERLAY PLANNED DEVELOPMENT MEDIUM DENSITY
MULTI - FAMILY (OPD- RM -20) ZONE. (REZ12- 00010) (SECOND
CONSIDERATION) [Discussion only at formal meeting]
Champion: Move second consideration.
Payne: Second.
Hayek: Moved by Champion, seconded by Payne. Discussion? Any ex -parte
communications between first consideration and this evening? Okay.
Downer: Uh, Mr. Mayor, Members of the Council, uh, Bob Downer, attorney for the, uh,
the applicant. Uh, we would like to request second and third considerations, uh,
be combined and that the ordinance be voted upon for, uh, final passage. There
are a great many moving parts of this project, many of which have been in the
media, uh, and we're trying to, uh, solidify design, financing, uh, options and
various things that are going to enable this project hopefully to get, uh, underway
by about the end of the year and... and uh, any time that can be saved, uh, is
critical here. There ... there have not been, uh, manifestations of opposition to my
knowledge that have come to the Council and we would respectfully request that,
uh, the, uh, steps necessary for final passage be taken at this time.
Hayek: Okay, thank you. Um...
Mims: I'll put the motion on the floor.
Hayek: Sure!
Mims: Uh, I move that...
Hayek: Do we need to withdraw the (both talking)
Champion: I withdraw my motion.
Hayek: Okay.
Payne: Do I need to second the withdrawal?
Hayek: Na!
Mims: I move that the rule requiring that ordinances must be considered and voted on for
passage at two Council meetings prior to the meeting at which it is to be finally
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passed be suspended, that the second consideration and vote be waived, and that
the ordinance be voted on for final passage at this time.
Champion: Second.
Hayek: Motion to collapse from Mims, seconded by Champion. Discussion?
Throgmorton: I voted against the ordinance; I'll vote against the collapse.
Hayek: Okay. Is there...
Dobyns: As will I!
Hayek: ...okay. Is there anyone from the audience who is here, uh, to speak to us, uh,
about (several talking) this item? And I ask that because if.. if there ... if there
would be opposition to this, uh, and therefore opposition to collapsing we'd want
to hear from the audience. So... (several talking) Okay.
Dilkes: It takes six out of seven to collapse so it will not collapse.
Hayek: Oh, that's right. So we, yeah, the indication... do you want us to vote on it or
should we just (several talking)
Dilkes: You can vote or you can with ... you can vote and we'll see how it goes (several
talking)
Hayek: It's already on the floor (several talking). Why don't we, uh, if...unless there's
any further discussion, let's ... let's take a vote. So, roll call please.
Champion: But we're just voting to collapse.
Mims: Right. (several talking)
Throgmorton: Yeah, but it takes 6 -1.
Champion: I know but...
Hayek: Yeah. Okay, so the motion, uh, collapses 5 -2, uh, Throgmorton and Dobyns in
the negative.
Mims: I'll move second consideration.
Payne: Second.
Hayek: Okay, so we're back to the original, which is, uh, second consideration moved by
Mims, seconded by Payne. Discussion? Roll ... roll call, please. Uh, item passes
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6 -1, Throgmorton in the negative. Uh, so that's second consideration and we'll
take up third consideration at our next meeting.
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ITEM 6. PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE
OF COST FOR THE CONSTRUCTION OF THE DEWEY STREET
BRICK RECONSTRUCTION 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. The public hearing is open. (bangs gavel) Public
hearing is closed. (bangs gavel)
b. CONSIDER A RESOLUTION APPROVING
Dickens: Move the resolution.
Payne: Second.
Hayek: Moved by Dickens, seconded by Payne. Discussion?
Champion: Dewey Street will be happy to hear this!
Dickens: Be easier on the ankles too (laughter)
Hayek: This is ... it's good! This is consistent with what we've talked about and gotten
into our CIP. Roll call, please. Item passes 7 -0.
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ITEM 7. AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME
LOCATED AT 618 NORTH GILBERT STREET.
a. PUBLIC HEARING
Hayek: This is part of the UniverCity Neighborhood Partnership Program. This is a
public hearing. The public hearing is open. (bangs gavel) Public hearing ... is
closed. (bangs gavel)
b. CONSIDER A RESOLUTION
Mims: Move the resolution.
Payne: Second.
Hayek: Moved by Mims, seconded by Payne. Discussion? By the way, we spoke with
the ... this is pretty much related. We spoke to the University about a number of
things, uh, the other day, including the, uh, the great success of this UniverCity
program and suggested that both parties, uh, you know, commit, or consider
recommitting to ... to the extension of this program at budget time. So I think
they're interested. So...
Throgmorton: Excellent!
Hayek: Further discussion? Roll call, please. Item passes 7 -0.
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ITEM 8. APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF
IOWA CITY AND AUTOHAUS LTD FOR LOTS 14 AND 15 OF THE
NORTH AIRPORT DEVELOPMENT SUBDIVISION WITH AN OPTION
TO PURCHASE LOT 13 AND AUTHORIZING CONVEYANCE.
a. PUBLIC HEARING
Hayek: This is a public hearing. Public hearing is open. (bangs gavel) For the public's
information, uh, the purchase agreement provides that the buyer will buy, uh, Lots
14 and 15 for $336,936, uh, and it includes an option to purchase Lot 13 for
$166,617, uh, until January 31 of next year.
Wittig: Bill Wittig representing the, uh, buyer, um ... as Mr. Downer requested earlier, uh,
if there's no opposition to this and it's a fairly smooth transaction, we would
request the collapsing of votes so that everything could get done. This is a fall
construction project and the sooner...
Hayek: We ... we don't need to collapse. There's just one vote for this.
Wittig: One vote?
Hayek: Yep! (laughter) We appreciate the enthusiasm (several talking and laughing)
Dobyns: Granted!
Champion: (mumbled)
Hayek: Thanks, Mr. Wittig. Uh, any... anybody else during the public hearing? Okay. I
will close it now. (bangs gavel)
b. CONSIDER A RESOLUTION
Champion: ... resolution.
Dickens: Second.
Hayek: Moved by Champion, seconded by Dickens. Discussion?
Mims: Just happy to see some of these lots moving. It will help our Airport budget so,
it's great to see!
Hayek: Yep, absolutely! Further discussion? Roll call, please. Item passes 7 -0.
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ITEM 9. ASSESSING EITHER A 30 DAY RETAIL CIGARETTE PERMIT
SUSPENSION OR $1500.00 CIVIL PENALTY AGAINST ZOMBIES
TOBACCO, PURSUANT TO IOWA CODE SECTION 453A.22(2) (2011)
a. CONDUCT HEARING
Hayek: This is a public hearing ... or a hearing, and I'm going to open it at this time. We
have Mr. Chappell from the County Attorney's office.
Chappell: Andy Chappell from the Johnson County Attorney's office, uh, this is the second
violation, uh, second sale or ... of tobacco to a minor this year for this particular
business, Zombie's Tobacco and um, the civil penalty in that circumstance is at
the permittee's option, either $1,500 or a 30 -day permit suspension. Um, I can
give details if folks want details, but uh, it's ... the conviction has already been
taken care of and at this point we would recommend that the City Council adopt
the resolution. The resolution as written still allows the permittee to decide just
which option they want to choose, and that's the way the ... the state law is set up.
Any questions for me?
Hayek: Is the permittee here?
Chappell: I think so.
Hayek: Okay. Can you ... before that, can you confirm, Mr. Chappell, that there has been
a conviction?
Chappell: Yes.
Dilkes: (both talking) ...certified copy.
Hayek: Okay. Okay. If you'd like to come forward.
Carew: Good evening, everybody and good evening, Members of the Council and Mayor.
Um, my name is Selinya Carew. I am the owner of Zombie's Tobacco Outlet and
I am here to ... not to argue the penalties because, yes, I'm aware that we were
penalized for, um, serving to a minor. Um, the employee that accidentally, um,
was responsible for this is also here, Mr. Brent Warner. Um, after we have been
penalized for that I did call and did my research. I was informed that there is a
training in reference to this, not only I have done the training but my employee
has also done the training. I have scolded him, of course; he's aware that next
time this happens he will be unemployed. Um, today I had to come down here. I
left two kids at home, eight months pregnant but I understand the importance of
being here and understand the importance of abiding by the law and my
obligation as a tobacco store owner to the City of Johnson County and to Iowa
City. Um, I do plead that, um, there's some leniency in reference to that $1,500
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fine that was penalized to us. I do ... I am aware that we are guilty of this penalty,
but I'll pray that you guys'll be lenient enough to (mumbled) us on that fine and
also even advise us of...allow us to have some sort of payment arrangement on
that fine, and that's why I'm here today. And again, I apologize for (mumbled)
and our goal is to make sure this never happens again. The only two people that
are working at that outlet is myself now and Mr. Warner, and we both have been
trained and aware that this is not an option.
Hayek: Thank you for those comments. Um, can you, Eleanor, or Andy, tell us what our
options are with respect to the request?
Dilkes: Um, the ... the resolution before you is the standard resolution we give you, which
allows for 20 days to pay the violation and then if it's not paid within that 20 days
then to surrender the permit. So, urn ... I think you have the discretion to extend,
um, the length of time within which it must be paid. Um ... and I just caution you
to consider that, and what the ramifications of that might be. I think one of the
issues is if you extend it too long, the ... the alternate penalty is that they lose their
permit for that 30 day suspension. So, urn ... the longer you extend the ... the
payment term, the longer they're continuing to sell without the consequence.
Throgmorton: Seems to me we should display some flexibility here. How much ... we should
talk about it, if you agree that we should show some flexibility.
Hayek: Let ... before that, let's ... let's just, um ... uh, resolve the underlying conviction and
what that means in terms of our obligation. As I understand it, because there is a
conviction, and now we have the certified copy of that, we are required to impose
this ... this sanction. And so there's no debate about that, and I don't ... I'm not,
it's not being challenged either.
Throgmorton: Right.
Hayek: What we're merely being asked to do is ... provide some leniency with respect to
the payback.
Throgmorton: Right.
Hayek: And I don't even think we have ... we don't ... is it discretionary as to the amount
itself, the amount's (both talking)
Dilkes: No. No, it's not.
Hayek: Do you...
Markus: I would point out, we have, um... extended payment periods in the past and when
I spoke to Finance, they indicated, um, that um ... um ... a period of time would be
appropriate to ... to allow that to occur.
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Mims: Does staff have any recommendation on that period of time, I mean, 60 days or...
Markus: I'm getting the word that somebody disagrees with our past history on that.
Marian, you want to...
Karr: I'm not aware of any time that we've offered a payment plan on tobacco. We
have offered payment plan on other City services, but not on this. Doesn't mean
we can't! I'm just not aware of one.
Markus: So maybe our communication was not about this specific one and they were
referring to other payment plans. The suggestion was ... as much as six months
with equal payments.
Dobyns: I would move a six month. I think publicly revealed remorse (both talking)
Hayek: You know, we ... we still have a hearing here.
Dobyns: Oh, I'm sorry!
Hayek: Let's ... let's resolve that. Um, Andy, is there anything else you wish to provide to
the Council? (unable to hear response) Ma'am, is there anything else
you ... (unable to hear response) Okay. I'm going to close the hearing. So now
we need to take up a resolution.
b. CONSIDER A RESOLUTION
Dobyns: I would... (mumbled) (several talking and laughing)
Markus: If I could just interject.
Hayek: Sure.
Markus: Um, and maybe the City Attorney could comment, if that causes any concerns
with the potential if there's a failure of the payment, can you still impose the,
um ... shutting down during that period?
Dilkes: I ... I think you want to assume that, um, I mean you want to do the same deadline
like they've done in the current resolution, which is if it's not paid within X
amount of time, um, then the permit must be surrendered.
Hayek: If...if the Council's inclination is to do that, would you defer action on this (both
talking)
Dilkes: No, I think you can just tell us what ... you can move the resolution with that
change.
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Dobyns: With that proviso I'd make a recommendation, being very aware of precedence
setting, um ... um ... like I mentioned before, publicly held remorse is ... respectfully
done. I think is impressive. Um, and I would recommend three months.
Mims: How many?
Dobyns: Three months.
Mims: Is that a motion?
Dobyns: That's a motion!
Payne: Second.
Champion: Yeah! I ... three months is ... six months is too long. Three months is fine.
Hayek: Okay, there's a motion that's been seconded to, um ... proceed with ... with the
penalty but allow a three -month payback period. Is there further discussion on
that? How do you ... how do you all feel?
Mims: I think that's workable.
Champion: Yeah. I mean, my understanding is if she does not pay this within the three
months, she will lose her cigarette license for six ... 30 days or whatever it is.
Okay!
Hayek: Okay. Any ... Eleanor, anything else we should be considering here?
Dilkes: I think we're okay.
Hayek: Okay. Roll call, please. Item passes 7 -0. Thank you for, uh, to ... to both of you,
all three of you, for coming this evening.
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ITEM 10. CONSIDER AN ORDINANCE AMENDING TITLE 5, ENTITLED
"POLICE REGULATIONS," CHAPTER 5, ENTITLED
"MISCELLANEOUS OFFENSES," TO PROVIDE THAT "KEEPING A
DISORDERLY HOUSE" IS A MUNICIPAL INFRACTION AND TITLE
17, ENTITLED "BUILDING AND HOUSING," CHAPTER 5, ENTITLED
"HOUSING CODE," TO ADD ANOTHER BASIS FOR A RENTAL
PERMIT SANCTION. (FIRST CONSIDERATION)
Hayek: Need to get it on the floor.
Champion: Move first consideration.
Payne: Second.
Hayek: Moved by Champion, seconded by Payne. Discussion?
Boothroy: I'm Doug Boothroy, Director of Housing Inspection Services, um ... I'd like to
give a short presentation about what this ordinance is ... is concerning. Uh, this
came about with, uh, a collaboration with the Police Department and the Legal
Department, uh, in terms of looking at how we can, uh, maintain the effectiveness
of our nuisance property ordinance. And I wanted to revisit that process, uh,
briefly with you. The way it currently works is if there's a disorderly house in a
neighborhood, uh, and a criminal complaint is filed by the Police Department, uh,
that triggers the ... the commencement of the process, and what that means is that,
uh, Housing and Inspection Services will send a letter to all the tenants, whether
they all were there at the party or not. All the tenants as well as the landlord, uh,
after that first offense. And, uh, as part of that letter it explains what the ramifica
...what the law is, what the ramifications are. Uh, our experience is that the
landlords are very active in getting involved with their tenants and having a
communication about what the consequences will be. The second, uh ... criminal
complaint and this is the only way this process works is if a criminal complaint is
filed. The second criminal complaint results in a mandatory, uh, code compliance
meeting, and what that is is that, uh, a representative of HIS, the Police
Department, uh ... all the tenants, uh, and the landlord sit down at a table and we
talk about coming up with a contract, uh, for future compliance, uh, with Iowa
City codes concerning disorderly house or ... there are some other criminal issues
that could be involved, as well. Uh ... we have each tenant sign that contract; uh,
we, uh, talk about the ramifications. We ... we get to meet them; they get to meet
us; and we have a... a very, um, firm conversation with them. Uh, and then if they
have a third criminal complaint, all within a year, uh, then, uh... either the
landlord will face sanctions in terms of the rental permit, uh, or the landlord can
take remedial action and, uh, oftentimes what happens is, uh, the tenant would be
evicted. Now, this ordinance has been in effect since 2003 and why this early
intervention is so important is that it's very effective in, uh ... uh, reducing the
number of... of repeat disorderly house, uh, situations, and let me give you some
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numbers. Last year, uh, first time offense — we had 175. That's 175 letters went
out, uh, to individuals, uh, concerning, uh, a criminal complaint for disorderly
house. Uh, we had... eight second offenses. So you can see the drop off in terms
of, uh, of correcting the behavior between 175 and eight, and then last year we
had no third offenses. Uh, the year before we had 309 first time offenses, uh, the
second offenses, we had 22, and then we had four third offenses. The year before
that we had 202 first time offenses, then it went to 16, then it went to one, and
then the year before that, uh, the same kind of numbers except we didn't have any
third offenses. So early intervention, getting that letter out is critical, uh, to, uh...
uh, getting started on the process of informing, uh ... uh, the tenants and the
landlord about, uh, what behaviors acceptable and not acceptable in terms of
disorderly house. Um ... what we have been finding and why this ordinance
comes about is that, uh, there is information out there that ... that it's your right as
a tenant not to answer the door when the police arrive for a disorderly house com
...complaint, and ... uh, if the police are not able to, uh, wait around for a search
warrant, uh, they would not be able to issue the criminal complaint. If they can't
issue the criminal complaint, nothing happens. The process doesn't get started.
So we wait until a criminal complaint can be issued. What this ordinance simply
does is provides a couple more options. It can ... it provides that this process can
start, if the police in their judgment think a municipal infraction can be issued
instead of a criminal complaint, uh, or if they choose to only inform HIS that they
were at the site, it was a disorderly house, and it's defined as a `founded'
complaint so they may not be a municipal infraction issued, uh, at the first time.
This ordinance does not require anybody to answer the door. This ordinance does
not change the process at all. It just starts the process under other, uh, in other
ways, uh, so that we're not dealing with this problem of...of the door, uh, being
closed. Now, Jim asked a question, uh, at the, uh, informal meeting. I made a
copy of it. If disorderly house is defined, and it is defined in the Iowa City code,
uh ... uh ... very clearly and the, uh, as I understand it, and ... and Eleanor can, uh,
help me on this, but when the police arrive at a disorderly house, uh, call, the
standard is, uh, and it says in the last sentence of the ord... of the definition, uh,
for the purposes of this section, uh, when they're talking about what disorderly
house means, it ... in quotation marks it says, "To the disturbance of the general
public; includes disturbance of persons beyond the subject premises, and /or to the
disturbance of persons upon public places, including peace officers." So what
happens, uh, often times, as I understand it is when they arrive at the site, if they
can plainly hear, uh, that party, that noise, uh, and there's some judgment on that.
Not only hear ... hear it from the street, uh, then there's a problem and they may...
the party, uh, that's going on there may be in violation of the disorderly house, uh,
provision, uh, of the City code. And then it's up to the police to use their
judgment as to whether or not, uh, they settle the party down, uh, which I'm sure
they try, uh, or uh, and /or if it's their second or third time back that night, they
might ... they might actually issue a criminal complaint or in this case, if you pass
this ordinance, they may have the option of a municipal infraction or a founded
complaint. I don't know if that answers your question, Jim, but that's...
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Throgmorton: Still pretty vague standard isn't it? I mean, I hear what you're saying, and I
appreciate you, uh, letting us know, especially me because I was ignorant about
the specifics, but ... there's a lot of judgment involved in that, correct?
Boothroy: It's ... my understanding, yes, there's a lot of judgment involved, and my
understanding this is the ... this is the standard we've had on the books, way
beyond my tenure at the City.
Throgmorton: Yeah. (mumbled) ...nobody's walking up with a decibel monitor or something
like that.
Boothroy: Well, it's a judgment call, but remember, they have due process. They go before
a judge. So, uh, the ... the police officer has to make their case before a judge that
they in fact have a disorderly... so it's not just ... that complaint doesn't, you know,
has to be litigated. And the same thing is with a municipal infraction. If they... if
they choose to issue a municipal infraction, uh, you know, there's still due
process. They still get their day in court, in ... in all cases. And, the process that
we've ... I ... we've laid out in the housing code with regard to the criminal, or the,
uh, nuisance property is due process. The first time they get, you know, letters
explaining it. The second time we meet, try to come up with a plan. They sign a
contract. It's not really til the third time, the third incident, uh, within 12 months
that we actually, uh .... uh, have some severe consequences, which could be, uh,
eviction.
Hayek: Is ... is there an appeals process from the nuisance process?
Boothroy: From the ... from this particular process?
Hayek: With what's on the books now, the nuis ... nuisance process, which can lead it, you
know, on a third...
Boothroy: No.
Hayek: Okay. Cause... because that goes to the rental permit?
Boothroy: It goes against the property owner.
Payne: In this?
Boothroy: It doesn't go against the tenant.
Hayek: Right.
Boothroy: All of... all of the sanctions are against the, uh, property owner. None of `em are
against the tenant.
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Payne: And these are all initiated by a complaint from somebody. I mean, somebody's
calling the Police Department saying the people at 123 Main Street have loud
music. Okay.
Boothroy: Right. It's ... the police... responding to a call, making a determination, and Sam's
here so maybe he can talk a little bit about (several talking and laughing) I'm
sorry (several talking)
Hargadine: I'm going to talk about housing for 20 minutes! (laughter) The, um ... there are a
number of things that can trigger this. It's not just loud music. It can be
quarreling, fighting, disorderly conduct. Um, the code, um, says anything that
could be threatening injury to persons or that could be damage... damaging of
property or loud, raucous, disagreeable noises to the disturbance of the
neighborhood. Um, there are a lot of factors, and you're right— it is subjective.
Um ... I get asked a lot how do I ... how do I get a warning versus a ticket, and the
closer I think it occurs to like 10:00 the night before you may be getting a
warning. The closer it gets to 2:00 to 3:00 A.M., and people are disturbed,
probably not going to get a warning. So, um, many times we do get a ... that ... that
call that says there's loud music, and we can't sleep, we're trying to get up in the
middle of the night, or uh, we're just constantly being awoken. Um, previous
calls, whether it's for the same thing or not. The call history. Those are factors
that we weight in, as well, while we're going to that particular complaint. Um...
the demeanor of the person who answers the door may have something to do with,
um ... whether or not they could get a warning. It's not any different than being
pulled over for speed. Some people, um, get ticket; some people get a warning.
And, um, sometimes, um, the behavior of the ... the violator or the prior history
has an effect on what the ... the outcome of that. Um, you can talk yourself into a
ticket sometimes. And it's no different than with a disorderly house. In many
other communities this is the peace disturbance ordinance.
Throgmorton: Thanks! That ... that's helpful for me.
Mims: Help me understand... the difference and maybe the application of the municipal
infraction versus the criminal complaint.
Hargadine: It's one more option. If... for example, um ... we were able to, uh, if someone
contacted us the next day and said, I know you guys were at my house; I know
you want to talk to me; I was the one who threw the party. We still have the
option of...of issuing a criminal citation there. However, uh, our options ... when
we're at the door knocking, and you can hear people inside, and they're giggling
and... and you know... everybody's trying to be quiet but they can't, um, our
options are very limited at that point, and we can't stay there, uh, because there's
typically other calls pending. One of the things that, uh (mumbled) well what
about a search warrant? Um ... it's ... on television it's easy to get a search warrant.
You just, you know, call in and ... and you've automatically got one. That's not
reality. Typically they take two to three hours. Um, if... somebody has to return
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back to the PD to type one up, and then you have to wake up the prosecuting
attorney and the, uh, and a judge, and that doesn't always go so well. Um... we...
sometimes... this is a ... if it ... if it's the criminal, it's a simple misdemeanor and
um ... sometimes that judge lets us know that they would rather be sleeping.
Mims: I guess maybe, Eleanor, this ... maybe this goes to you too. I ... I'm still I guess...
two things I guess — trying to understand ... in the situation where they don't
answer the door, what the ... how you view, Sam, the ... your officers' response in
terms of either doing the muni ... the municipal infraction versus the criminal
charge, criminal complaint, and then also I guess from you, Eleanor, how is ... how
does that affect those tenants differently in terms of what happens in court
or ... what those results are? Am I making myself clear?
Dilkes: Yeah. I think so. Um, first of all a simple misdemeanor is a criminal citation.
Um, a municipal infraction is a civil citation. Okay, so it's not a criminal, doesn't
create a criminal record for one thing. Has a different burden of proof. Criminal
is beyond a reasonable doubt. The municipal infraction is a... is actually a clear
and satisfactory and convincing standard. Um ... the police... police officers
typically don't issue municipal infractions. They issue, uh, criminal charges.
Municipal infractions are much more cumbersome. You have to fi ... you have to
provide a filing fee when you file them. We use municipal infractions for our
zoning violations, our rent ... housing violations, that kind of thing. Um...
Mims: Okay.
Payne: Does it ... does it have a fine with it?
Dilkes: It has a fine. Um ... the, uh, first offense municipal infraction is $750. Um, I think
with court fees ... with costs and surcharges, a disorderly criminal charge is very,
um, close to that. Um, but ... one of the analogies I make is that with a, you know,
when we have situations where we have, um, sales to minors of either, uh,
tobacco, like we just had, or um ... alcohol, a criminal complaint is issues against
the individual who actually made the sale. But civil san ... civil sanctions can be
imposed against, um, the establishment owner, the people who are in control of
that property.
Payne: So with this ordinance, the police officer would be able to make this civil ... um...
civil violation without actually seeing or talking to somebody. Nobody has to
answer the door (both talking)
Dilkes: I think we need to back up for just a moment.
Payne: Okay.
Dilkes: It's not going to be the police officer who's making a decision about that (both
talking) whether to issue a criminal citation or a municipal infraction. The way
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it's going to work is that, and you correct me if I'm wrong, either of you, but...
but if... if the officer, um, encounters a disorderly house that the officer believes
meets the standard we've discussed, um, but he can't get anybody to answer the
door, so he can number one, calm it down and issue a warming ... a warning and
calm it down, or issue a citation if he needs to to get it stopped. Um, he's going to
come back to the office and instead of saying to Housing and Inspection Services,
"I filed a criminal complaint... last night, and therefore you need to start your
nuisance process," he's going to say, "I filed three criminal complaints and I
couldn't file a criminal complaint on this one because they wouldn't open the
door, but I have grounds to ... to prove it's a disorderly house," and that will
trigger the nuisance process that Doug has talked about. There may never be a
municipal infraction issued. There may be, um, that will likely depend on the
circumstances, um, that the Housing Department is presented with. You know,
for instance, if based on that report from the PD, uh, they send out their letter and
there's never another, urn ... noise out of that property, there ... there may never be
a municipal infraction.
Hayek: I ... I think that's an important point, because what we're really talking about is
expanding, uh, the meat ... the way to get to our nuisance process, which is really
where the rubber hits the road in terms of enforcing, uh, our code. Uh, from...
from one way, which is ... which is the criminal complaint way, which is tough
because you've gotta go get a warrant and a judge to sign off in the middle of the
night, to potentially three ways — the criminal complaint, the municipal infraction
— if that's the decision made, or simply the ... the founded approach, the ... the
police officer believes there's sufficient evidence to file a complaint but doesn't
even necessarily do so. Just says, "I've got that." That in and of itself would
be ... would be sufficient to trigger the nuisance process. So it's really in my...
from my perspective, there ... there would be three ways to trigger this important
process ... with tenants and landlords. (both talking)
Boothroy: ...the first step is ... is ... is sending a letter, and that's a really critical first step.
Sending that letter out to the tenants and to the landlord, getting them to start
having that communication, and it seems to be very effective over the... since
2003 it's been extremely effective in... in reducing significantly that second
offense.
Dickens: It seemed to be very frustrating. I know when I went on a ride - along, that we
went to a particular apartment house, it ... this was the second call and we went up
to the door and there was three officers that were ... had anywhere from 15
minutes to a half hour, beating on the door, trying to get somebody to answer. It
seemed like a great waste of time. This ... if they have ... reason to do this, it just
makes it sound like it's much easier. It'll be a better use of our time, and then it
can be sorted out. But it...it was very frustrating for me just to sit there and watch
the officers trying to get somebody to open that door.
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Hargadine: One of the things with ... if...if you were to, if we were to go the search warrant
route, that actually gives us the authority to break down the door. And I'm not
sure I want my ... the officers doing that for this type of ..incident, but that's...
that's what the search warrant process is typically for is that authority and I don't
know that this is the type of crime where we want officers actually doing that.
Mims: I'm sorry if I'm ... being difficult tonight, but I'm still confused on this a little bit.
Is this saying that if the officers go to a house and determine that there is ... that it
is disorderly, and the people refuse to come to the door, there may or may not be
criminal charges filed. I mean, what ... what I heard ... I guess what I heard you
say, Eleanor, is they would come back, indicate that, you know, they went to this
house, felt it was disorderly, nobody came to the door.
Dilkes: Right.
Mims: Without any ... civil infraction or criminal charges being filed, it would allow
Housing to start the letter process.
Dilkes: Yes.
Champion: Right.
Mims: Would we still, as a city or the police, under those circumstances, have the ability
to file criminal charges against all the tenants?
Dilkes: You ... you would not file criminal charges against all the tenants because you
would want the criminal charge to be filed against the tenant who was present.
That's the problem with the criminal charge, when you can't identify who the
individual responsible (mumbled) you remember a criminal charge is a much
higher burden, requires intent. So ... but with a civil charge, you ... you could.
Mims: Okay.
Champion: The idea is to get our process started... and to save the police a lot of time. I think
it sounds like a great idea. I'm glad you explained it so easily cause I was
confused. I thought, `How can you... give somebody a ticket when you don't
know who it is.'
Mims: Well, and that was my concern with the way I was reading this (both talking) and
then you have to be careful what you read in the paper, but the (both talking) way
a lot of it got put in the paper was as if criminal charges were going to be filed
against all the tenants, whether they were ... whether you even knew if they were
there or not and...
Dilkes: Well that's completely inaccurate reporting then (both talking) because there was
nothing... there's nothing in the ordinance or the memo that says that.
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Mims: Okay. I just ... yeah, and as I was (both talking) reading the ordinance I wanted to
make sure I understood it, so thank you.
Hargadine: Absent the ability to file criminal charges, this would allow Housing to take it a
step further. However, we're going to talk about two positions that I'm going to
ask ... that you make a decision on tonight.
Mims: Sure.
Hargadine: One of those positions, if there's follow up that can be done on these types of
cases, that responsibility would go to one of the officers in the propo ... in the
proposal. So ... if...let's say we've got a house that, uh, is just really being
obnoxious and there ... there really needs to be a criminal charge cited, that's the
person I see as being the neighborhood, um ... response officer.
Champion: Great. That's (mumbled)
Mims: I really appreciate the help in (both talking)
Champion: Yeah, right!
Mims: ...understanding what our limitations are and aren't, cause I had a real concern
with the idea that we would be filing criminal complaints against people that we
don't even know if they were in the building at the time.
Dilkes: Right, and ... and as we were working through the options, we talked about that
and that just wasn't one that would work.
Mims: Good! I'm glad to hear that. (laughs)
Throgmorton: Yeah, I ... I'd like to agree. I think this discussion has been tremendously helpful
(both talking)
Champion: Right!
Throgmorton: Helps me understand, uh, the proposal much, much better.
Mims: Well I hope it helps the public understand (both talking)
Throgmorton:... and the public, right, which is really crucial. I recognize we don't have
a ... we're not having a public hearing on this, but is there any opp ... if anybody in
the audience wants to say something about it, is there an opportunity for
somebody to do that? I know there's some people here who are interested in it.
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Hayek: Yeah, if.. if someone's here, I mean ... typically (several talking) items, if there is
interest from the public on a particular item, we allow people to speak. Is there
anyone from the audience who'd like to speak to us on this? Doesn't appear to be
the case but ... is there ... is there, uh, further discussion among Council? Okay.
Roll call, please. First consideration passes 7 -0.
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ITEM 12. CONSIDER AN ORDINANCE AMENDING TITLE 10, ENTITLED USE
OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED,
"COMMERCIAL USE OF SIDEWALKS," SECTION 3, ENTITLED "USE
FOR SIDEWALK CAFES," TO REGULATE SIDEWALK CAFES
PRIMARILY BY POLICY AND ADMINISTRATIVE RULES. (SECOND
CONSIDERATION)
Mims: I move that the rule requiring that ordinances must be considered and voted on for
passage at two Council meetings prior to the meeting at which it is to be finally
passed be suspended, that the second consideration and vote be waived, and that
the ordinance be voted on for final passage at this time.
Champion: Second.
Hayek: Motion to collapse from Mims, seconded by Champion. Discussion?
Mims: I just ... I have put that forth simply from the standpoint logistically tonight if we
don't condense this we can't do anything with 13, and from the way staff has
explained it to us, and I understand it, if we ... agree to take this out of the code
and put it as policy, we can get that done tonight. It does not mean that we have
to pass 13, or we could pass 13 in an amended form, but if we don't collapse this
tonight, we can't do anything with 13 tonight. And so that's why I've put it out
there to condense it. So at least we have some options with 13.
Throgmorton: Why would we need to do something about 13 tonight?
Mims: Well, I think we have businesses who are interested in really moving forward on
this and particularly with the fall, and the football season, and huge money maker
for them. Then it gives us the opportunity to at least consider moving forward
with it in a more expedited manner. Doesn't mean we have to, but if we don't
collapse this we have no options on that.
Throgmorton: When we get to Item 13 wouldn't somebody make a motion to adopt Item 13?
And (several talking)
Mims: Probably, and then (several talking)
Throgmorton:... expectation about adopting it tonight?
Mims: No! I don't think there's any expectation that we have to adopt it tonight, but we
have no option with it if we don't collapse 12. So I look at it as a way to at least
have an option with 13. We can decide we want to defer it. We can decide we
want to amend it and pass it. Or we could decide we want to pass it ... as
presented.
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Hayek: Why ... that's an excellent point. Wo ... would you essentially reiterate it in terms
of what 12 does to our ... our cafe... infrastructure, if you will, uh, down at the
City, moving it from ... from this over to policy, etc., cause I think that ... that
...that's a point of confusion for some people.
Dilkes: We've already amended the City code to provide for administrative review of...
of, urn ... sidewalk cafes. So that's... that's already happening. But as it now
stands, all the regulations that govern sidewalk cafes are in the City code, and so
whenever we want to change those, urn ... we have to change the code, which
requires three readings. So what 12 does is it... gets the ordinance down to its
bare bones. You know, the basic things that you have to see — the 8 -foot
walkway, etc. And then it puts the rest of the rules in, um ... an administrative
policy that you adopt by resolution so that if you want to change those in the
future, we can do that more easily.
Hayek: And if we, um ... if we ... collapse and fully pass 12, we shift this structure to ... to,
uh, to administrative ... policy-based approach. It doesn't mean we are taking
action one way or the other, necessarily, on the next item, uh...
Dilkes: No, I think what staff would do if you pass 12 and didn't pass 13 is we would
continue to have the right of administrative review and we were to operate under
the existing rules, um, until you dealt with number 13. In other words, we
wouldn't be granting any ones in the street or more in planters and that kind of
thing.
Hayek: Okay. Okay. Urn ... I know there are people from the audience to talk to us about
these items tonight. Um, you can certainly step forward now under Item 12 to
talk to us, um, but we just had this back and forth to explain the distinction
between what 12 accomplishes and what 13 accomplishes. The merits of whether
to adopt a street cafe or a planter cafe, urn ... uh, policy is really part of 13, but if
you've got something you want to bring to our attention as it relates to 12, you
may certainly do so.
Browne: Hello. My name's Anthony Browne and I would, uh, urge the Council to not
collapse this and bring it to a third reading. Thank you.
Hayek: Anyone else from the audience? Okay, further discussion among Council?
This ... we do have to have six of seven to, uh, to do this.
Throgmorton: I'm ... I'm not, uh ... I ... I think I've said in the work session that I, uh, like the idea
in general, uh, but I'm not inclined to ... to support, uh, collapsing the readings, if
the understanding is that 13 will be adopted tonight. I believe it is crucial to give
business owners in the downtown area sufficient opportunity to un ... understand
the ordinance, or the ... it's a resolution or (mumbled) 13, is that a resolution or
(both talking)
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Hayek: Resolution.
Throgmorton: To understand the resolution, to understand the implication of the resolution for
their particular businesses, uh, and ... and to try to modify it, uh, to the extent that
they can. Uh, so during the work session I encourage the staff to reach out, uh, to
other business owners, beyond what's already been done. Jeff elaborated on that
earlier in our work session. So I'm just saying, if...if the understanding is that
13's going to be voted on and is likely to be passed tonight, I will vote against
collapsing, um ... the other one.
Dickens: I'm kind of on the same page with Jim, as far as ... the, uh ... I don't think that all
the downtown was really vetted. I don't ... I know our store was never called,
never asked. Yes, I'm on the Council but, uh, we never did hear a whole lot about
this, other than what I've read in our packets, and I've had quite a few businesses
come to me and say the same thing. I don't have a problem with number 12. I...
I think (both talking)
Throgmorton: Yeah, I don't either.
Dickens: I'm fine with our ... the way our ... it will go, that we don't need to micro -manage
everything. I think we have a good enough staff that will take care of the
problems. I do have problems with 13 because of the parking issues, and I
discussed that in the work session that ... that I think we're moving quite a, um,
well, moving too fast on this. And, uh, I think there's... there still needs to be
more discussion on this, and you know, I won't be voting for 13, just because of
the fact that I ... I'd ... there is some issues with the parking that really bother me on
this. I know Connie has said it doesn't bother her, uh, her business is in a
different, or is right in front of where some of this is going on. We are in an area
that has no parking in front of our store. It's across the street from us. The other
part that's close to us is, uh, loading zones so my experiences may be different
than hers. So ... I don't have a problem with 12 but 13...I do think needs to slow
down just a bit.
Hayek: Well, one way (several talking) to slow down 13 would be to vote against
collapsing 12 because we can't take up 13 until we pass 12. Just ... just so, uh,
that's... that's clear.
Throgmorton: Yeah, I ... I don't object to collapsing, but I do object if it means adopting 13
tonight.
Dickens: Yeah, I understand exactly what you (mumbled)
Hayek: Got it!
Payne: I have ... I too have some issues with some of the provisions in 13, so if we were
going to vote on 13 as it's written, I would vote no. Just so you know!
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Dobyns: Would you make an amendment? I mean, are you ... how far away are you?
Payne: A little.
Dobyns: A little. (laughter)
Hayek: So we need to decide whether we're going to collapse second and third
considerations of Item 12.
Champion: Well, there are people from the downtown district. Maybe they could talk to us
about how they would try to educate other businesses downtown about this.
Dilkes: I think that's relevant because it's obvious ... the whole, the bigger issue is
obviously affecting people's decisions on the collapse.
Hayek: Okay. Maybe we should open up the conversation and ... and essentially invite
people to step forward on both Items 12 and 13 now because it's apparent that it
will affect, uh, people's decision whether to (both talking)
Champion: Well, maybe 12 (several talking)
Hayek: ...for it to collapse. So, all right, let's do that then. If you're here to speak on
Items 12 (several talking) and /or 13, um, please step forward and sign in and give
us your name.
Kubby: Good evening, my name's Karen Kubby. I'm the President of the Iowa City
Downtown District Board of Directors and ... the district itself has not talked as a
board or gathered specific feedback from our membership, or from downtown
businesses who may not have provided positive consent for membership in the
district. We are a pretty young organization. We are still figuring out what are
issues that we need to go out and vet, and what are issues that we don't. Uh,
certainly our infrastructure committee met multiple times and talked about this,
met with some of the downtown business who had some problems with it, and as
a committee, there's a stance, but it was not based upon vetting all of the
downtown businesses, or a board discussion about this. So I felt it was important
for you to know the process that we didn't, uh, create around this and that we
certainly feel like it's important that in the future, trying to predict what issues,
um ... need to be vetted in that way, through the district, and what ones can just go
through our committee process.
Hayek: Thanks, Karen!
Allen: Hi, my name is Dave Allen and I'm the owner of Z'Mariks Noodle Cafe. I first
off want to say I think it might be a good idea, um, I do have concerns of... what
it's going to do to the competitive dynamics of downtown. Um ... if you have one,
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are you at a disadvantage if you don't have one, um ... how is it going to be fair to
distribute who gets one. Z'Mariks is located on Dubuque Street and we're very
limited. I'm parking on Dubuque Street as it is right now. So I think ... I believe
it's moving a little too fast right now. I think it would be nice to gather more
information and not rush this for the football season. So maybe in April we can
hit the ground running with it.
Hayek: Thanks, Mr. Allen.
Anderson: Do I need to sign in?
Hayek: If you wouldn't mind ... thanks!
Anderson: Um, I ... I'm Rodney Anderson from Pancheros and um ... I'd like to say that I'm
very encouraged with the discussions that have taken place in the last couple days.
Um, I think this is ... an imperfect idea but I think, uh, that it ... it, in discussions
with staff and listening to your work session and discussions with the Downtown
District, I think people are beginning to understand some of the limitations and
some of the problems. Um ... so I...I'm saying that the time has been good, but
we need more time. Um ... there are issues with notice of business. There are
issues with fairness, uh, visibility, and ... and I think it is important that everybody
gets a chance to give their input, and ... and I don't really think that's been done as
well as it can. So I ... I don't think this should be passed tonight. Um, I think ... I
think Jim is ... said things ... Jim and Terry and, uh, Michelle have said some good
things here, but um, I think there's no reason to do this until we've got it right.
These cafes are going to be around for a long time, uh, I know it can be pulled
after a year, but it could be three years. And so I ... I think we should get it right
and I don't think that a football game, uh, should define this decision. I agree
with Dave — let's take the time, let's get it right. Maybe, uh, pass 12 or I guess
maybe not if they're together, but uh ... I think you should go back and... and ask
the Downtown District to actually represent us all, and work with staff, come up
with a set of guidelines that you can then vote on, and if this is what we do, then
we ... then we have it done by the spring, but a ... a football game is ... is, uh, an
artificial deadline and I think it moves too quickly. Thank you.
Hayek: Thanks, Mr. Anderson.
Nusser: I'm Bill Nusser and I'm the President Elect of the Downtown District. Uh, and
I'm here today in the capacity as the Chair of the Infrastructure Committee of the
Iowa City Downtown District. Uh, the Iowa City Downtown District
Infrastructure Committee has previously submitted a favorable, um, opinion
about, uh, about the ... the, specifically the parking place cafes. We have not given
an opinion about the flowerpot, the flower (mumbled) cafes. Um, and uh, we...
and ... and, first of all I want to applaud the City for taking, um, an innovative
approach to, uh, really looking at downtown and seeing ways that... creative ways
in which they can help, um, assist the ... the appeal and the interest in the Iowa
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City Downtown District. Um, this is just a really a very interesting idea. It's why
it's controversial obviously. Um, we support the, um ... the ... the City moving
forward with the parking ... with the parking lot cafes, uh, and we feel strongly
that the approval process has to be, uh, that the consideration of the owner, or the
...the party who's interested in ... in doing the parking place cafe, uh, that ... that
his interest be considered in the length of this process. I mean, our ... part of our
concern is that, uh, that the enthusiasm may be lost for this and all this is for not
here. I mean, I'm not ... I haven't spoken to Mr. Mondanaro to find out whether
he ... whether spring would be too late for him or not, but I think that could be an
issue. And um, I think this is an idea we feel that this is an idea with a great
possibility and ... and uh, so ... uh, I'm not asking or suggesting that you approve
this tonight but I certainly think that moving forward as quickly as possible. I will
say that we have not, um ... uh, canvassed the entire membership of the Iowa City
Downtown District and we have, uh, but we have talked to a ... a big number of
businesses and ... and we've talked to Mr. Anderson as well, and ... and his opinion
was, uh, has been widely ... made known by him and ... and again, we, um,
members of the Infrastructure Committee met with him recently to talk about
his ... about these ideas and to understand them. And so we're very interested in
hearing what other people have to say. Um, even after the ... even after speaking
to Mr. Anderson, which I was not present at that meeting but other, uh, members
of the committee were, um, we stand by our decision to support, uh, the ... the
parking place cafe. Um, and we especially approve of the need for a spe... the
neighbor approval of...of this, as well as the review process after a year. Um...
there is some ambivalence on the part of the neighbors, uh, right now I think, um,
and they're willing to try it and I think that since they're willing, I think we need
to give them, uh ... the respect of, uh, of letting it happen and ... and ... and respect
them enough to let them weigh in on it in a year and I ... I got more pleased that
the City is willing to, uh, as well as the entrepreneur, are willing to cut it off if it's
not working for them in a year. Um ... we're, uh, we are committed to soliciting
feedback from our membership and um, like Karen said, we're a new
organization, finding our way, and ... and uh, we'll be doing that immediately and
uh, we doubt that we'll be ... have surveyed everybody as soon as we'd like to be
able to, but we look forward to sharing those results with you, whether we have
those results in enough time for this, uh, idea to ... to evolve through the Council I
don't know, but we'll do our best.
Dobyns: Matt, could I ask a specific question of Bill? Bill or ... or Karen. You mentioned
you were committed to solicitating opinions from the membership.
Nusser: Yes!
Dobyns: Um, has there been a ... even an informal, reasonable, a dissemination process
about the deliberations of your subcommittee or the Downtown District as a
whole, that downtown owners could have been appraised or aware of this issue,
over the past two months.
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Nusser: There ... it's interesting because we have been made aware of this issue but
whether we've actually taken it on, uh ... uh ... we, uh...
Dobyns: So there's no ... there's no process like, you know (both talking) it's word of
mouth, like (both talking)
Nusser: Well there is ... there's ... it's a little bit more than word of mouth, I mean ... again,
the Infrastructure Committee was asked to give an opinion and ... and um, and we
didn't do that in... in a vacuum. And we didn't also solicit people that we were
...that we knew were favorable or not favorable. We, um, we did solicit a certain
amount of our membership but it wasn't a... it wasn't a complete process. It
wasn't ... it wasn't... and... and that, you know, that's something we're
discovering, that we ... could easily revisit that. Um, we've, again, we've had
several meetings about this since we established a position and we ... and we've
continued to come to the same conclusion that we support it.
Dobyns: So I'm not getting a sense that there is a ... and yet ... yet a reasonable, functional
dissemination process of your group's deliberations about issues such as this yet
in place. So people might truly over the summer not been aware. (both talking)
...to say...
Nusser: I think that I'll have to agree with you, Rick. I ... I think that ... that a formal
process no. I think that... that... that, again, we've spoken to a lot of people. Uh,
but no, there's not ... not been a formal process and we recognize that as a
shortcoming.
Dobyns: Thank you.
Hayek: Thanks, Bill.
Nusser: Thanks, Rick!
Hayek: Appreciate it!
Cohen: Hello, I'm Leah Cohen with Bo James, and urn ... I just wanted to point out a
couple of things. Um ... mine is one that ... that I'm looking at the, um, possibility
of the planter that's out ... it isn't right in front of my place. Um, I know that the
places it's in front of would not do it, and it's not a very good looking planter so
I've kind of took it on to see if this was a possibility. Just so happens I'm getting
in the same round here as the, um, street, you know, with it and it's ... it's really
two different things is what it is. One is allowing sidewalk ca ... cafes outside of
the ped mall and the planters, and the other one of course involves the streetscape
and whether we allow it in the parking places. So I'm a little discouraged that it's
all kind of thrown together here. But um ... I do want to say that ... that um, being
on my street and knowing the street that Jim is looking at down there, um, this has
been kind of a ... a one -man opposition with Rodney here. He's ... he certainly has
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made everyone aware, um, that wasn't aware this is going on. Everyone is aware
of it, and I've talked to people about it for about two months, if not longer,
certainly in regards to mine and then when Jim came up with this idea, I had
known that ahead of time and had kind of talked to people about that. So I do
think that there is some opposition; as we see here tonight there is very little
major opposition for people being here to tell you that. Um, I don't think that's
going to happen in two weeks, if it's, you know, the third reading in two weeks or
whatever happens, I think you're going to probably see the same people here, um,
would be my guess on it. Um, so I just hope that the ... that the City, um, you
know I certainly feel for the planters and um ... you know that's ... I'm speaking on
behalf of the that. Um, I think we all downtown are looking at kind of sprucing
up downtown and doing what we can do to help in that process. We have the
SSMID put together. A new person coming in, and I think that, um, you know, to
me when you have... businesses down there and small businesses down there
willing to put in ... these things are not inexpensive! You know, mine will be
probably about $25,000. Jim's will be far more than that. I think when you look
at ... across the country, if any of you travel to any cities, this is what's being done
across the country. I was part of the original process here that took us five years
to talk the Council into putting in a cafe. It was ridiculous how much all of that
process went on and how much it cost us all to do these tiny little cafes, but if you
go anywhere that's what it's about, and it's unfortunate that not every business
will be able to do this. That's just the way it is. You know, it...it really isn't a
matter of what's fair, what isn't fair, and I think that staff has worked extremely
hard in this process in the last couple months with all of us and looking at what is
fair, and what you can do to have it for all the small businesses down there. So I
think ... I'm hoping that you'll take that into consideration too. You know, you
have a tremendous staff here and they have put in additional guidelines since last
time, and that three -year thing is one of `em, you know, so ... there is a fairness to
it. You know, we are the innovators who come forward and ask to do this. No
one else is going to come forward on that planter that's sittin' out in front of our
place, looking terrible year after year (laughing) and no one else'll come forward
probably with Jim's either. So I'm hoping that you will take that into
consideration as you look at this. Thank you.
Hayek: Thank you, Leah!
Flynn: Uh, hello. Uh, my name is Brian Flynn. I own, uh, Joe's Place, Donnelly's,
Blackstone, uh, several properties around town and uh ... most the time I'm
probably standing right next to Leah saying a lot of the same things she is; uh, this
time not so much. Um ... Rodney's not the only one that has concerns about this.
There's a lot of business owners downtown that do ... not just business owners, as
well, uh, pretty much everybody I've talked to. It seems like you get this blank
look on their face that's like, really? What are you talking about? And people do
not know about this. And unfortunately like a lot of things that happen in
downtown Iowa City, I caution the Council not to rush on this, because very much
like the Zip Cars. I was standing out in front of my place today talking about this
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very issue with several people and everybody's like: what is that green sign over
there say, and nobody has any idea what a Zip Car is. So ... as far as that goes, my
biggest concern is that you guys are going to rush through this and needs to
be ... cannot be based on a timeline just for football season. Uh, as well,
um ... what was talked about in the work session, as far as planters and things like
that, uh, not having any consent of people going in front of their place with ... with
a planter. Uh, that was a big opposition that I had back three years ago when this
was first done in the ped mall. Uh, it's the same... same process now. It should
be, you know, at least looked upon to make sure that if somebody's going to put
something in front of my business that I at least have the opportunity to say yes or
no. So, thank you.
Hayek: Thanks, Brian!
Mondanaro: I'm Jim Mondanaro and ... in talking about ... the parking spaces being used as an
outdoor dining... patio... the only reason that I've taken this approach from the
very beginning is because Dubuque Street between Washington and Iowa Avenue
is not blessed with street depth to have what everybody else has downtown. So in
becoming creative, it ... raises the angst to some because they didn't think about it;
I don't know! Alls I'm saying is that I want to be a team player. The important
thing to me with this is that my neighbors are happy and I don't believe it's a
deterrent to the neighbors as much as it can be a beacon to liven up that street. If
you walk down Dubuque Street it's blighted to a certain degree because of the
narrowness of the street, and it doesn't have the same energy and this can bring a
sense of energy to it. The real person that ... really calls this ... to whether or not it
can be done ... is Prairie Lights. If Prairie Lights doesn't want this to happen, this
isn't going to happen! And in the last meeting when I was here, I guaranteed the
Council, along with Jan at Prairie Lights that if she didn't like it, we would take
the invest ... the invested dollars to build this and walk away from the table. What
this is really going to be is an experiment at, again, bringing diversity to
downtown. Diversity is always going to raise controversy. I can't do anything
about that, but I think you know that I'll do it the right way. That's what we do,
and I'm not going to cut it short and I'm ... and it's not going to be a ... a beer
garden. It's ... it's going to be an extension of what Micky's has been for 32 years.
It's ... it's an icon! And we've put a tremendous amount of money investing it as
...to come out rebuilt, completely redone int ... internally, and this is just another
part of that extension. If we don't want to go down that road, that's okay! I think
it's a good thing, and I stand by that, and if it's being pushed at you in a way
where you feel that it's uncomfortable, I'm okay with that too! But I still think
it's a good idea, and I think it's an energizing idea and concept for downtown.
Thank you.
Hayek: Thanks, Jim! Sir, you've spoken once, but if...but since we've opened it up, I'll
(both talking) ...that's fine, that's fine! I just ... others to get the idea that they get
a second bite at the apple! (laughter) Just you!
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Browne: Exactly! Okay! Um, my name's Anthony Browne and um, I'm a programmer at
the University of Iowa, uh, I work on Project Maui, but I'm also from Waukegan
and I know how to cook good bar- b -que. As you may or may not know, uh, in
January of this year I applied for a permit to operate a mobile vending unit in City
Plaza. And that was denied! And that case is currently in litigation and I'm not
here to discuss that in any kind of way. I don't want to try to attempt to gain any
kind of unfair advantage in litigation, uh ... but I do want to point that out. Um, so
...with this ordinance here, uh, the main problem I have with it ... well, for one I
also want to state I support this. I think it's a good idea. I've been trying to tell
you that downtown needs some new kinds of, uh, businesses to revitalize
downtown, and one of the things I wanted to do was operate a mobile vending
unit. Now as you know, the mobile vending units downtown right now, they are
old. They haven't, uh, invested in equipment, and the reason they haven't done
that is cause there's no competition. Now, you want to open this ordinance up to
allow, uh, sidewalk cafes in the street. Essentially what you're sayin' is, only
brick and mortar restaurants will have the ability to do this. So ... a cart can't go in
these spaces, or a foo ... a mobile food truck. Or anything like that. So this is
unfair to other, uh ... competitors. And uh ... I urge the Council to at least ... like I
said, I think this is a good idea. Uh ... in places like Madison, Wisconsin, they
have a sidewalk cafe, uh ... uh ... kind of, uh, downtown area too. They also have
a... a food cart area that has about 20 to 25 food carts, and uh... it's right in front
of the capital in Madison, uh ... the problem with these cities are they have, you
know, 200,000 people. They're a lot bigger than Iowa City. So ... you can't do
the kind of things that these cities are doing here in Iowa City on the same scale.
You could still do it, but you have to scale it back: So the only thing I'm asking
tonight is, uh ... I'm asking that we wait. That we have more conversation about
this. That we ask more people. We haven't even talked to the other, uh, food cart
people. There's six permits for food carts downtown. (coughing) Excuse me.
And we haven't talked to any of `em. Uh, so I would urge the Council to vote to
collapse this tonight, allow more time, uh, come back in two weeks, and then
decide whether or not this is a good ordinance. Thank you.
Hayek: Thank you, sir.
Kubby: I thought when I was speaking before I was asking, or answering a specific
question, not making my statement. So if I could just have a moment. Um, I
think in terms of the Iowa City Downtown District's perspective, we think it's
really important to encourage creative ideas. We ... we are happy that the City is
willing to work, uh, to ... to allow creative ideas, to experiment, but also to have
some benchmarks for success to be able to know if experiments are successful or
not, and if they are, to encourage more of it and if they're not successful, to
backtrack some and not be afraid to make, uh, tweaks and changes, whether
they're small changes or large changes, and that's why I think it's important in
general that the ... there's a one -year review, even though there's preference for
three years but I think from the District's point of view, we're grateful that people
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are willing to do creative things. We're grateful that the City is willing to look at
new ideas, but the experiments have to be assessed. Thank you.
Hayek: Anyone else? Okay. Let's close this, uh, for ... for Council discussion on a
motion ... on the pending motion, uh, to collapse. I gue ... I guess ... I guess where I
am is ... urn ... I'm coming down on the side of not supporting collapse, and I want
to explain why. Um ... I ... I'm generally supportive of... of... of the approach. Uh,
I've got a fe ... a few minor things, maybe one not so minor. I ... I think the
consent should be consistent... consent, getting consent from neighbors should be
consistent, regardless of the type of outdoor cafe we ... we adopt through here, and
I'll push for that if we in fact get to Item 13. Um ... but what we're deciding right
now in 12 is whether... whether to collapse, and ... and when you change an
ordinance, uh, we are required to do three separate readings, and one of the public
policy reasons behind that is to give the public, uh, an adequate opportunity to,
uh, be heard, um, and it's the only area of the ... it's the only kind of vote we cast
where that is required. And there's... there is a good reason for that. Um, and
historically we have shied away from pushing forward, uh, with a motion to
collapse, um, where there is some controversy. Um ... and ... and here there clearly
is. Uh, it ... the nays may not equal the... the... the proponents, um, but... but... but
there is clearly some controversy, um, not only here in the crowd but ... but within
this nascent downtown district, which doesn't yet have its sea legs. I think it's
being put into a tough position here to try to respond to our, uh, request for ... for
feedback, and a position when they're just getting underway and ... and uh, you
know, they don't even have a director in place. Um, so ... that's ... that's why I am
uncomfortable with ... with collapsing this evening. Um ... I would ... I would
support, uh, taking this up second consideration, um ... which will not allow us to
take up Item 13 this evening, um, but would allow us on September 0, I think is
the next opportunity, uh, to do so. It allows a little bit more time. I weigh this
against, uh, the risk we take if...if...if this ... if we don't collapse this evening, the
risk we take that we get ... we inch our way into the football season and
we ... and ... and that we face the prospect that perhaps the investment wouldn't be
made at some point because we're ... we're getting too far into the fall for the
private sector to have interest in making the investment, at least this fall, to
implement this experiment. But ... that's not a compelling enough reason to
overcome the other side. So, that's where I am.
Payne: My issues with not collapsing 12 is that we don't get to talk about 13. So that
means if we don't get to talk about 13, we're waiting two more weeks to talk
about the issues that we have with number 13. So we can't fix 13 until we talk
about it.
Hayek: Yeah.
Dobyns: We can't? Not today?
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Dilkes: Well, I think ... I think you have been talking about 13 and you could continue to
talk about 13 at this juncture, if you chose to.
Dobyns: During this session (both talking)
Dilkes: You're not going to vote on it if you don't ... if you don't pass 12. But I don't
think that presents... prevents you from (both talking)
Mims: Discussing it.
Dilkes: ... discussing it.
Mims: Okay.
Dilkes: I mean, all the issues that have been discussed by the public relate to 13. They
don't relate to 12.
Payne: The opposition isn't to 12. The opposition's to 13!
Mims: Yeah, we have fixing, I think, to do on 13.
Payne: Right.
Mims: And so...
Payne: So, I mean, I'm okay either way. I just want to make sure we talk about 13 before
two weeks from now and then that's when we air our issues.
Hayek: Well, as Eleanor's suggesting, why don't we take some of that up this evening so
we at least get our respective perspectives on the table and ... can maybe move
forward. But I can't ... I can't get past... ordinances require three separate
readings. May be overly technical but ... I think it's an important consideration.
So...
Mims: No, and I have no problem with that. I mean, I'm the one that made the motion to
collapse, but it was with the idea of at least getting this on the table, that we could
have the discussion and have the possibility of passing 13 tonight, if we felt
comfortable with that, and I think obviously with some of the discussion we've
had and certainly with what we've heard from the public, um, we're not ready to
move on 13 tonight in terms of passing anything. Each of us I think has various
issues with some of it, and ... so there's no hurry then to collapse 12. So ... at least
we've kind of been able to look at it.
Hayek: So why don't we get our ... our thoughts about 13, about the actual proposed
policy, out on the table for...
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Mims: Do we want ... do you want me to just rescind my motion?
Dilkes: Well you could vote on the motion to collapse and then move ... move second
consideration, and then have your discussion.
Hayek: Okay. Um ... roll call, please. (several talking and laughing) Motion, uh, fails, 1-
6. So...
Dobyns: Move second consideration.
Throgmorton: Second.
Hayek: Moved by Dobyns, seconded by Throgmorton. Discussion?
Payne: We're just discussing 12?
Hayek: (both talking)
Champion: We're voting on second consideration.
Hayek: Yeah, but let ... let's take...
Dickens: ...discussion before we vote.
Champion: Oh, okay!
Hayek: Let's talk about 13 before we vote on 12, cause we're ... we're not going
to ... we're not going to take up Item 13.
Dilkes: Right.
Hayek: We'll just move right past it.
Dobyns: Oh, okay. Matt, you made a comment earlier about, and it's a fairness issue to me
in terms of um ... adjacent businesses giving a level of approval for, um, on the
street parking, um ... uh, dining, but evidently this did not apply to, uh, (mumbled)
go on to adjacent properties. Um, but evidently this didn't ... I think Sue Dulek
was mentioning this, Eleanor, where there did not apply to, uh, planters, um ... I
mean it...
Dilkes: The policy in front of you because of the direction we got from Council last time
does not require consent, um ... for planters that extend beyond your building
lines.
Dobyns: Cause it seems to me I'd, uh, to me that just... seems ... I don't remember the
discussion we had before, but I think that anything in front of, um, a neighboring
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property, whether it's in the street or in a planter, should be treated the same. And
I would recommend that as an amendment in anticipation of discussing this
on ... next Council meeting.
Dilkes: I think what would be helpful is if you have these ... you raise these issues, and we
can get a sense of where the majority lies, then we can make amendments to this
so it's closer to being voted for the next time.
Payne: I would agree with Rick.
Mims: I'm comfortable with it.
Throgmorton: I don't know if I am or not. Uh, and what I mean by that is, for me, uh ... the ... my
concern mainly has to do with whether or not downtown business owners have
had sufficient opportunity to understand what's being proposed, and to influence
what's being proposed. And when I say that, my sense is always that the devil is
in the details, so the ... I don't want to be in a position up here of inventing details
on ... on the spur of the moment. I want the people who will be affected by the
policy to weigh in and influence how these details are being resolved. That's
what I (both talking)
Payne: But that's what we just heard tonight isn't it? We heard ... we heard some people
(both talking)
Throgmorton: We heard from some people!
Payne: Right.
Throgmorton: Right. Some people.
Champion: How many people does it take? Does it take to hear from two people? Or ten
people? Or a thousand people? Before you change.
Payne: (both talking) And how do we solicit that?
Champion: I don't know...
Hayek: We solicit it by posting notice of public meetings, by holding three separate
readings.
Champion: Right.
Hayek: By inviting input and discussion, and then having an open discussion in front of
a... in front of a camera.
Throgmorton: I think we can do more than that. I believe we can (both talking)
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Hayek: So, and ... and I think we also do it by ... by proactively approaching the ... the
Chamber, the Downtown District, and ... and the organizations that are set up to...
to represent, uh, downtown businesses. I mean, I'm comfortable with this
approach now that we've slowed it down to the three separate readings. Um, and
with us here in the second of the third readings, talking about what our particular
likes or dislikes are with respect to the policy itself, we get that out on the table
this evening. We take it, the temperature of everybody and if there appears to be
consensus on these various changes, we implement them, and then they're made
public in advance of the next reading. In September.
Mims: And I think we've got people here in the audience who feel strongly on both sides
of the issue that will make sure that they take the stuff out to other downtown
business owners and say, hey, this is what the Council talked about last night and
we think there's still problems, or hey, we think they really solved a lot of our
issues and so you know I would really encourage all of you out there that, you
know, have concerns about this, as you hear our ideas tonight, give us feedback
between now and our next meeting, you know, talk to your cohorts downtown, get
them to contact us. I think we're trying to react to, uh, you know, what ... what the
staff has put together that they heard, which I think they heard accurately, but now
we start looking at things and say, wait a minute — maybe this isn't quite where
we should have been, um ... I think if we do that tonight and the rest of you kind of
take that forward and get back to us in the next couple weeks, we're going to be in
a better position to make a final decision on this, and hopefully, as Eleanor said,
closer to what we think, um, is acceptable.
Throgmorton: Yeah.
Payne: I do have one more thing that I'd like (both talking)
Hayek: Sure!
Payne: ...besides what Rick brought up. And that is, in ... in a block where one business
proposes to take 10% of the parking, which that would be it. They would have to
get consent from every business on the street, because nobody else could have one
on that street.
Champion: They can after three years.
Payne: After three years, but not ... and there's ... the other person's still going to have
preference.
Champion: Oh, you know ... I don't like that rule. That's too stringent! First of all, people
don't like change! Everybody thinks change is going to affect them adversely.
So I'm sure that whatever change I do ... and I ask every business on the block, do
you think it's a good idea if my awning was bright orange? Or green? Or
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yellow? No! They would say no, they don't like that color. I mean I (both
talking)
Payne: I'm not opposed!
Champion: ...really stringent... think that's really stringent.
Payne: I'm not opposed that ... I believe that Mr. Mondanaro's right. This will create
energy downtown. I definitely believe that! But we're also talking about
fairness, I mean, he brought up it's not fair that Dubuque Street isn't wide enough
that I can have a sidewalk cafe on the sidewalk like they can in the ped mall.
Well, if he's talking about fairness, what's fair to Z'Meriks? What if they want to
have one but he's taking three spots?
Dickens: Or across the street.
Hayek: Well that...
Payne: I mean, there is a ... there's fairness both ways.
Hayek: I know, I know, but maybe we should focus a little bit of time on the lottery
aspect of this, because that's where I think staff tried to go to make this fair.
Champion: Right!
Payne: But the lottery still gives preference to the person that had it first.
Champion: (several talking) ... it was their idea!
Mims: But do we start ... but do we start with a lottery? I mean...
Champion: No, we don't start with a lottery. This is somebody's idea that they brought
forward, and somebody else didn't think of it. So that makes it bad and they can't
do it now because I didn't think of it? (both talking)
Payne: Not bad, but I compare it to ... the ... the cart ... the cart vendor. I mean, we have
one that didn't get one (coughing and noise on mic) because he didn't have one
before and we gave preference to the six people that had one to start with. So
you're going to give preference to the person that already had one. Because...
Dobyns: Initially there's a lottery program, I mean, there's a lottery in process to at least
equalize (coughing and noise on mic) its inception. Is that my understanding?
Payne: I didn't understand that the lottery was at the beginning. It's after.
Dilkes: No, the lottery is after the three years.
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Dobyns: Three years, okay.
Dilkes: (several talking) ...assuming there's demand for it. And ... and I just ... you said
...you said 10% of the parking on the block. It's 30 %.
Champion: 30%
Payne: Okay, 30 ... I'm sorry. 30 %.
Hayek: But that ... that would be one thing, uh, that could be changed. That ... that the
policy would ... would provide for an instant lottery ... at the front end. Now, I
think that would have an implication as to whether we see anything this fall.
Champion: We're not going to see anything this fall anyway. It's going to be too late. But
spring is always around the corner. I can't support that rule but the whole block
has to agree to it. I ... we'll never have anything happening that's different.
Never! It's like trying to get my family to agree on what we're going to have for
dinner! (laughter) It's not going to happen!
Mims: No, I'm with you on that, Connie. I ... I don't agree with the whole ... the whole
street having to agree to it, but I think ... I've got some feelings toward a lottery
from the beginning. I mean, yep, certain people brought this idea forward and
now we're looking at it, but is it fair then simply because one person came
forward with the idea that somebody else on that street is locked out of the
opportunity for three years if...the parking has been taken that's allowable for that
block.
Hayek: Okay, well that is a concrete change.
Mims: Yeah, um...
Hayek: So if...if...I think we should discuss that.
Markus: There's another way to get to that too and ... uh, that's to reduce the, uh, available
space to the exact frontage of the storefront. Don't let `em go in front of
somebody else's place. Creates more opportunities for (both talking)
Dickens: Or as close to ... because the parking places don't always line up exactly.
Champion: Well...
Dilkes: When ... when, um...
Champion: ...very discouraged.
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Dilkes: ...um, Susan, when you say lottery from the beginning, are you talking before it's
established at all, or after the first year?
Mims: I guess I'm saying before it's established at all, I mean ... do we, here we are
in ... August 21St. Do we ... you know, if we're not going to get this thing passed
until September 4th, I mean, I think then we're definitely not going to see anything
this fall cause then what are you saying, you've... they've got til September 15th to
put together a proposal and we do a lottery, I mean, are we saying September
30th. I think it definitely is going to kill it for the fall. Which... and... and as
some people said, I mean, I think we need to do this right, not just rush so much
just for this fall.
Champion: Not everybody can have a sidewalk cafe either. (mumbled) lotteries for that. I
mean, I ... I can understand that after three years there's going to be a review
process in case somebody else wants to do it, but we're going to make it
impossible for this thing to go forward. We're going to put so many conditions
on it. Nothing's going to happen. I'm a pessimist on that.
Mims: I don't think so.
Throgmorton: I don't think so either.
Mims: I think we're creative. I think we'll (both talking)
Throgmorton: I think it's a good idea. I ... I think it has great opportunities, great opportunities
for the downtown. I support the concept. I just want to make sure the details are
worked out in a way that ... enable other people to try to influence those details.
Payne: And no matter what we do, not everybody's going to benefit. You know, I mean,
there are going to be some people that probably don't get any benefit from it,
other than if it does energize the downtown and brings more people downtown so
that they go to another business. I mean, that is ... energizing the downtown can
bring more business, but I mean not every ... life isn't fair! (laughs) I mean, I
understand that, but let's make it as fair as we can.
Hayek: Now if we ... if we limit the, um ... footprint to the edge of your property and just
don't give you an opportunity to encroach the ... the view of your neighbors to
either side, you still get into a potential lottery situation, I think, because you're
still occ ... you're still taking up the parking, and so at some point you hit that 30%
cap. And the first people that jump in ... you know, add ... add toward that cap. So
I...
Champion: I think the only problem with that is it might not be economically feasible, I
mean, if you... for instance if you had the Technigraphics building on Dubuque
Street and you could ... you would have a long, big cafe but you know like
Micky's (mumbled) that's a small (both talking)
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Dobyns: They won't invest. Yeah (both talking)
Champion: It wouldn't work. You couldn't get enough people to sit out there to ... to even
begin to pay for it.
Payne: We do have a square footage rule though. It has to not be able to be 120 square
foot on the sidewalk before they can spill over to the street. Right? So I mean
your 120 square foot is still three tables, right? Isn't that what the picture
showed? (several talking)
Hayek: Okay, so thus far we've given staff only one, uh (laughter) direction which is to
adopt the consent requirement for all types.
Mims: Consistently, right.
Hayek: But ... I think that's the only consensus we have communicated to Eleanor. Jim!
(several talking)
Mondanaro: (mumbled) I just want to make clear that ... to do this is not an inexpensive ordeal,
and if that means that it's unfair, because I'm willing to put that money out to
prove a point, then I can't do anything about that in your mindset. To pay the two
meters for the six, seven months is going to be anywhere from $4,000 to $5,000.
Because we have a $10 fee attached to a raised platform versus $5 if we were
blessed with sidewalk level, that's going to be another $4,000 to $5,000 for the
footprint. Then to build the structure is going to be anywhere from $25,000 to
$35,000. So the first person in that has the idea ... again, they should be granted
some kind of leniency to a certain timeframe, but again, if it's the lottery thing
that we need here to make this thing seeable, then I'm willing to go that way too.
But the point is is that you can't cluster me to a small footprint because as Rick
says, it just doesn't make it feasible to put the money out there to do it. You
know, malls are successful because people go to malls because of choice. There's
a multiple of choices. By having this type of outdoor patio, it brings energy to
that street. You know, Dubuque Street (both talking)
Hayek: Jim, I'm ... I'm going to interrupt you here because... because if I keep ... if I allow
you to keep talking, I have to allow everybody else. That's not fair. We
appreciate that whoever does this, if we go this route, is going to make a
significant investment, and ... and that was part of why staff ...came up with this
idea to ... for this fall, not start with a lottery because only ... only so many people
are going to be equipped and ready to go forward right now. Um, but then to
implement it within the two or three year time period. But I think that's a
decision we have to make. Do ... are we comfortable going this route? If we ... if
we adopt something in two weeks time, without the upfront lottery, which
essentially rewards those who came forward with the idea first, at least out of the
gate, and then comes forward with the lottery in ... in three years time, or do we
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just want to have the upfront lottery, no matter what, which I'm sure risks, um,
not having anything this fall, which may or may not be compelling.
Mims: Well let me ask this question. In ... in going back through this, if we pass this in
two weeks and we had three businesses along Dubuque Street who all said they
wanted to do it, but we couldn't approve all of them because of the 30% or
because they were going to overlap each other, how's staff going to make a
decision?
Champion: Right!
Dilkes: Well, I...
Champion: Draw straws!
Dilkes: ...I think one of the problems with doing a lottery at the outset is that it takes, in
order to submit your plan you have to have drawings and, I mean, we're not just
going to ... do a lottery for three people come and say they want to do a sidewalk
cafe and we put their names in a hat and pull it out. I mean...
Mims: No, but I'm just saying if...if we pass this in two weeks and you had three on
Dubuque Street that had all the plans, everything drawn out to the detail that staff
needed those, but you could not approve all three because it would exceed the
30% of the parking or each of them passed each other's, uh, property lines, how is
staff going to make a decision who gets it?
Markus: Well, I think the first thing I would do is bring all three of `em in, sit `em down,
let `em know that one of `em's going to lose and see if there was some other
creative way for them to get together and figure out if there was another
opportunity available for `em. Maybe to share (both talking)
Champion: ... only be two anyway.
Markus: ...maybe to share, you know, uh, so that two establishments use one facility, um,
there's other ways to get to this, but that's part of the reason I think that the
consent provisions are appropriate, because it forces that communication to take
place. And you bring `em together and you have those discussions. So that
would be the first thing, and then ultimately, somebody's going to get a
recommendation and somebody isn't, and we're going to have to look at the
criteria, the specifics of the proposals, um ... how they relate to the street, how they
relate to other, you know, street furniture on the street, how they relate to adjacent
stores and impact, um, the view from the street of the ... of that particular store, uh,
where street trees are located — all those things would come into consideration,
but ultimately it ... we're going to have to make a decision, and we would.
Mims: Okay. Thank you!
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Dilkes: I mean, I think the lottery is designed for picking out of a hat. That's what you do
but I think it envisions that you're going to have people ready to proceed.
Mims: Right.
Dilkes: Which is why we thought it would be, you know ... not at the first year.
Mims: Understood.
Dilkes: That and the tra ... and trying to give some concession for investment. That's how
we arrived at that.
Mims: Thank you.
Hayek: Okay. Let's ... let's try to wrap this up. Um, we still have the third and final
reading, assuming the second passes tonight, but... is there anything else that
people want to propose, that ... to the policy in terms of a change for which there is
a majority. Okay, not hearing anything ... why don't we take a roll call on second
consideration and assuming it passes, we'll skip 13 and go straight to...
Dilkes: Defer 13 (both talking)
Hayek: Defer it, okay. Roll call, please. Second consideration passes, uh, 7 -0.
Karr: Motion to accept correspondence.
Mims: So moved.
Hayek: Moved by Mims, seconded by...
Payne: (mumbled)
Hayek: ...Payne, uh, discussion? All those in favor say aye. Opposed say nay. Motion
carries 7 -0.
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ITEM 13. CONSIDER A RESOLUTION ADOPTING A POLICY FOR USE OF
PUBLIC RIGHT -OF -WAY FOR SIDEWALK CAFES AND RESCINDING
RESOLUTION NO. 07-227.
(See previous discussion under item #12)
Payne: Move to defer.
Dickens: Second.
Hayek: Moved by Payne to defer, seconded by Dickens. This will be a deferral to our
next meeting.
Payne: September 41n
Hayek: Okay.
Payne: I think that's the next meeting, isn't it? (several talking)
Hayek: Discussion? All those in favor say aye. Opposed say nay. Motion carries 7 -0.
Karr: Motion to accept correspondence.
Mims: So moved.
Dickens: Second.
Hayek: Moved by Mims, seconded by Dickens. Discussion? All those in favor say aye.
Opposed say nay. Motion carries 7 -0.
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ITEM 14. CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER
TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND THE DEPARTMENT OF
JUSTICE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES
(COPS) FOR THE 2012 COPS GRANT.
Hayek: Is there a motion?
Champion: Move the resolution.
Dobyns: Second.
Hayek: Moved by Champion, seconded by Dobyns. Discussion?
Dickens: (mumbled)
Throgmorton: Like to ask some questions (several talking)
Hayek: By the way are people doing all right? Can we soldier on a here a little bit?
Champion: Yeah.
Hayek: Okay.
Payne:. Keep movin' !
Hargadine: Sir!
Throgmorton: Uh, well I just want to get some things on the record that we discussed, uh, during
the work session. So, um, am I correct in understanding, Tom, that the, uh ... um,
after year four, uh, we would, uh, assume responsibility for 100% of salaries and
benefits for (both talking)
Markus: After year three.
Throgmorton: After year three, four (both talking) additional officers that we hire.
Markus: That's correct.
Throgmorton: Okay, so this opportunity is a three -year window basically.
Markus: Yes.
Throgmorton: Yeah.
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Markus: There's funding for the first three years but the funding varies by each year.
According to my calculations, and this includes the money that the Downtown
District has committed to this. They've committed an extra $10,000 per year for a
total of $30,000. The total cost for the two officers over the three years is
$478,000 according to my calculations and the amount that the City would pay
would be about $205,000 or about 43 %. So, for 40 -cents on the dollar, we're...
we're getting two additional officers that would typically cost you the full amount
of almost $480,000 for that period of time.
Throgmorton: Okay, so now I'd like to look beyond year three.
Markus: Yes.
Throgmorton: And we talked about this briefly during the work session. Uh, I want you to give
us some sense of your assessment of the budgetary impacts of hiring two, uh,
basically paying 100% of the salary of two additional officers, given what you've
said, given the ... all the conversations we've had over time about, uh, budgetary
pressures that we face...
Markus: Sure.
Throgmorton:... and so on.
Markus: Yeah, I ... I would say that public safety, um, in just about any municipal operation
is of the highest priority in terms of the array of services that you provide, and so
our commitment at 100% is for one officer, uh, or for the two officers is for one
year and that's that fourth year. Um ... there's ... there's always risk with what
might happen at the State legislative level in terms of our stream of revenues, but
I guess when I look at this situation and I contemplate over a period of four years,
um... it seems to me very likely that we would be in some position of hiring, um,
potentially hiring additional officers and if cuts have to be made, police is one of
those areas that ... I ... I don't believe in just necessarily across the board cuts.
That's quite frankly that's not typically the way those things happen, and I have
been in a fair amount of cutback management, having been in Michigan for some
time and so you have to look at all sorts of ways to do that and you know you...
you don't really have privatization options, especially in a police department, that
are very, um, available to us. So my view is that over a period of four years, uh,
the community's still going to have growth, uh, the Police Department is likely to
have those kind of growth needs that relate to the police department. That doesn't
mean the police like everybody else in this operation can't become more efficient,
but I think that there's, you know, for two officers over four years, I think it's a
pretty good bet that it's, you know, with this kind of funding, associated with it,
that it's a pretty good bet that we'll need them and that this is a much lower risk
of adding people than it would be to reject this and then find out we have a
problem and have to add, uh, in some other way.
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Throgmorton: (both talking)
Markus: That's why ... I fall on the side of supporting this particular grant. I don't like the
tie bar to having to continue, but the tie bar is only the one year.
Throgmorton: Right, understand. Thank you, that's very helpful for me. And I wonder if Sam
could elaborate, uh, for the public how the two additional officers would be used,
what their assignments would be.
Hargadine: The ... first of all, one of the requirements of the grant are that you hire, um,
combat, military veterans. And, uh, we just went through a selective service, uh,
process, um, and we have a list of I think 30 people on it, with five eligible
veterans on that ... on the list. Um, so of those that we were looking at hiring, we
have the availability of five veterans. Uh, if we were ... if you were to approve
this, we have two particular special assignments in mind. One of `em, uh, has
been in consultation with the Downtown Association, um, they've, urn ... they've
advised us they would like to see a lot more of an officer presence during the
daylight hours. Um, typically before 5:00 and um ... we're willing to work with
that organization and adjust hours if necessary, but that's one of `em, and I see
that as being either a walking or a bicycle officer, year- round. Even during the
winter. And, um ... the second officer, urn ... would be somewhat of a
neighborhood response office, uh, officer. Um, one of the things we've been
criticized with the substation is it's not open enough, um ... with Jory being there,
uh, during the normal office hours. This, um, if we can put one more person
down there, maybe stagger those of...those hours, um, there's more potential
there for keeping the substation open. The ... likewise that's a position where we
are also flexible on the hours. For example, as we come into the fall and we're
talking, um ... neighborhood disturbances, peace disturbances, parties, etc., uh, I
see putting that person, uh, during those late -night hours. However, during the
summer hours, uh, when our population goes down, uh, I can see adjusting that
person more daytime and working with code enforcement officers.
Throgmorton: Great, thank you!
Hargadine: Sure.
Hayek: Any other questions for the Chief? Okay, any discussion among Council? Roll
call, please.
Throgmorton: I'm sorry. I thought ... had we made a motion?
Hayek: Yeah, it's on ... it's on the floor. Do you wish to, yeah, Downtown District.
Kubby: Thanks. Karen Kubby with the Iowa City Downtown District and uh, the Board
did talk about this and did take a vote that if the Council decided to accept the
grant monies that we were committed with the under ... for $10,000 a year for
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three years, looking at this annually, um, and wanting some kind of memorandum
of understanding that, uh, there would be a beat patrol downtown, whether it was
bicycle or on foot. Um, we would love to have some input on the days and hours
of that officer, and with the understanding it's not necessarily one of the new
officers that's hired, that it might be an ... a current officer who's on that beat and
the new officer takes their, uh, current role. Um, we really want the emphasis to
be on relationship building and crime prevention, and certainly enforcement when
needed. And I think that takes, with the beat that will be downtown will take a
certain personality of someone, uh, who is ... the stereotypical officer- friendly
(laughs) urn ... so we want to make sure that you know that we're ... we're
committed to this. We also understand that ... we know that safety is a big part of
our strategic plan for downtown, that if things are safer and cleaner everything
will work better downtown for everyone. Those ... those with businesses and
those coming to participate in business activity. Um ... so ... but we also know that
an officer isn't the only way to create safety downtown, but we certainly think it's
an important part, it's something that our precursor — the Downtown Association
and businesses have asked for for a long time. Um, we also understand the ... the
risk of using grant money for officers and then what do you do after year four,
after you've completed your one -year obligation of paying for it fully. Um, but
we are here to support, uh, this with dollars, knowing that we have lots of
competition for our not -huge budget, we thought this was important enough that
we wanted to commit $10,000 a year for three years.
Hayek: Thanks, Karen! We appreciate the, uh, involvement and support of the
Downtown District on this.
Throgmorton: Discussion?
Hayek: Yeah.
Throgmorton: Yeah. Uh, I don't know how many of you know, but I'm a veteran, Third
Armored Division, Third Battalion, 32nd Armor. I really like the idea of hiring
veterans, uh, to help us in this particular situation. As Jeff knows, I've expressed
some concerns in the past having to do with the budget, having to do with what
the assignments might be and so on, so it's ... it's, uh ... uh ... more than sufficiently
assuring to me to ... to understand how you talk about the budgetary implications,
Tom. And ... and for Sam to talk about what the particular assignments of these
officers would be. So I'm looking forward to, uh, voting for it.
Hayek: Any other discussion? Okay, roll call please. Item passes 7 -0.
Karr: Motion to accept correspondence.
Mims: So moved.
Dobyns: Second.
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Hayek: Moved by Mims, seconded by Dobyns. Discussion? All those in favor say aye.
Opposed say nay. Motion carries 7 -0.
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ITEM 15. CONSIDER A RESOLUTION AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A CONTRACT FOR CONSTRUCTION OF THE FY 2013
ASPHALT RESURFACING PROJECT.
Mims: Move the resolution.
Payne: Second.
Hayek: Moved by Mims, seconded by Payne. Discussion? Uh, for the public's
information the engineer had estimated this project to be, uh, just shy of
$500,000. Public Works recommends awarding the contract to LL Pelling of
North Liberty who came in at $492,000 and some change. Discussion? Roll call,
please. Item passes 7 -0.
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ITEM 16. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT
BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF
UNIVERSITY HEIGHTS, IOWA FOR THE PROVISION OF ANIMAL
CARE SERVICES.
Dobyns: Move the resolution.
Payne: Second.
Hayek: Moved by Dobyns, seconded by Payne. Discussion?
Mims: Glad to see these coming together!
Markus: Yeah, there's... there's four agreements on operating and capital. I would tell you
we've met with, um, representatives of the Johnson County Board of Supervisors.
Our deadline was August 15th for a response. They have raised some concerns
about some of the provisions, uh, in the proposed agreements, and urn ... what I
have basically offered them is no change in the contractual relationship, which the
other three entities have already approved as written, but that I would... if I did
anything I would offer them a comfort letter, which would suggest that if the
contributions were not, um, up to what we expected them to be, or that the cost of
the bidding came in significantly different, higher, uh, than what we expected it
would be, we would convene a meeting and we would at least have a discussion
about where we were at. We have options that we retained, regardless of that
conversation. We could reduce the size of the project at that point. We could
decide to rebid. We could do a number of things. But ... the purpose in the
comfort letter would be to let them know that they would be communicated with,
um, we would listen to their concerns, and we would make a good faith effort to
consider their concerns, but ultimately... one party has to make this decision, um,
the way this is all set up, and that burden falls to us, and I would remind all of you
that we're not charging back entirely the full cost of everything that this shelter's
going to cost. We're not charging back the land cost, we're extending the grants,
uh, and ... and how that reduces the total cost of this, and ... and innumerable staff
hours that ... that go into putting this all together. So, I would ... you know, from
my standpoint I ... I'm a regionalist in approach. I like those ways of doing things.
Um, I would still like Johnson County to participate. I understand their concerns,
uh, we ... we suffer that same risk. We all suffer it proportionately, and the other
jurisdictions have shown trust that they can rely on us to make, um ... appropriate
and prudent decisions about sizing issues if in fact bids come in differently, and I
think if people observe how the staff behaves and how this Council behaves, they
would say... see historically that when we had bids that come in over, we do react
to those things. We may reject the bids. We may go out to bid. We may cut
portions of it out, but ultimately we need to retain that authority and that's what
the contract calls for.
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Hayek: Thanks for a very, uh, very good clarification on that. I'm ... I'm glad to see, uh,
thus far these two entities come into this, and if this works out...
Markus: As Coralville did too.
Hayek: Yep, as Coralville did too, and ... and we're all ... the goal is to be in the same boat.
Any further discussion? Roll call, please. Item passes 7 -0.
Karr: Motion to accept correspondence.
Mims: So moved.
Dickens: Second.
Hayek: Uh, moved by Mims, seconded by Dickens. Discussion? All those in favor say
aye. Opposed say nay. Motion carries 7 -0.
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ITEM 20. CONSIDER A RESOLUTION APPROVING A SETTLEMENT AND
REWORK AGREEMENT.
Karr: (several talking) You have a revised resolution in front of you approving a
settlement and rework agreement between the City of Iowa City and Knutson
Construction Services Midwest Inc., regarding the pre -cast double -T walkway
beams at the Iowa City water facility.
Hayek: Moved by Mims and seconded by... Champion. Discussion? Roll call, please.
Item passes 7 -0.
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ITEM 21. CONSIDER A MOTION GRANTING A 60 -DAY EXTENSION TO THE
POLICE CITIZENS REVIEW BOARD FOR THE FILING OF THE
PUBLIC REPORT WITH THE CITY COUNCIL ON COMPLAINT #12 -01.
Throgmorton: Move the motion.
Payne: Second.
Hayek: Moved by Throgmorton, seconded by Payne. Discussion?
Payne: I do have a question on this. This is the second one that we've had, asking for an
extension. Why... do they ask for an extension every time?
Karr: No, it's when scheduling pr ... has been a problem. For instance, especially during
the summer months, but if there is deadlines provided in the ordinance, and if the
Police Chief takes the full amount of time, and it misses their meeting, and they
aren't able to get a quorum, then they are unable to reach a decision. Also
sometimes it requires further investigation, further interviews, and it just takes
longer than the turnaround time.
Payne: I guess my question was, do we need to increase the amount of time that they
have in the ordinance?
Karr: That certainly has been discussed, um, previously but the Board has not requested
it. We certainly can ask. This board is a different makeup, if they'd be interested
in doing so.
Payne: It just seems odd that they, I mean, I don't know how many complaints that we
have, but I...
Hayek: We get these a lot. (several talking) Regularly.
Karr: I'll certainly ask them and they can do a recommendation to you.
Payne: Thank you.
Champion: However, people tend to take the time that's available. So ... (several talking and
laughing) I think (mumbled)
Hayek: Further discussion? All those in favor say aye. Opposed say nay. Motion carries
7 -0.
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formal meeting of August 21, 2012.
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ITEM 24. CITY COUNCIL INFORMATION.
Hayek: We'll start down with, uh, Rick.
Dobyns: Nothing.
Payne: Nothing.
Dickens: Two quick things. Uh, Pathways, uh, Adult Daycare just had their fundraiser over
the weekend. It was a pretty good success. I'd like to thank the Pilot Club of
Iowa City and everybody that volunteered for that project. Uh, tomorrow night is
Taste of Iowa City downtown, starting at I believe between 4:30 and 5:00.
Throgmorton: Where are you going? (laughter)
Dickens: It's a great ... great way to try all the restaurants downtown, and uh, it's kind of a
welcome to the new freshmen to come down and sample Iowa City. It's a great
... it's a great event.
Mims: Nothing.
Champion: Nothing.
Throgmorton: I'd like to bring up something that we didn't have a chance to discuss during the
work session. Uh, the packet contains a letter that Matt wrote (several talking)
Hayek: Yeah, but I think he wants the camera.
Throgmorton: ... I find it to be clear, strong, respectful, and deftly written and I'd like to praise
Matt for displaying leadership on this particular issue.
Mims: Agree (several responding)
Champion: We all agree.
Hayek: Thanks, Jim, and need to thank staff as well for... for helping out with that, as
well.
Payne: I have one thing that I forgot to bring up, but we got an email from Annie Tucker
about ... a meeting on Thursday, um, it's called `systematic equity issues,' and I
don't know if other people are going to go to this but I cannot go to it so...
Mims: I can't either. I'm going to be out of town. I'd like to, but I can't.
Throgmorton: Did... did we get that email today?
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Payne: It just came today.
Mims: That's when I got it (several talking)
Payne: I think we got one a couple weeks ago too about it and then she sent this one
again two times today, but anyway, I just ... I'm not going to go and it would be
probably nice if somebody could go.
Hayek: Glad you mentioned it, thanks. Uh, Sertoma pancake breakfast I think is this
Sunday out at the Airport, um, encourage people to go to that. It's a cool Airport.
Lot of airplanes and stuff like that too. So ... just a little pitch for that. That's all I
have.
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Page 72
ITEM 25. REPORT ON ITEMS FROM CITY STAFF.
a) City Manager.
Hayek: City Manager?
Markus: Uh, I would just reiterate what the Mayor said about, uh, our meeting with the
University. I thought it was, uh, kind of a wide- ranging discussion of different
items, but I think it... it really reflects the strength of the relationship between the
City and the University and that long preceded my arrival here, but I ... it's, uh, I
think it's beneficial to me to be able to ... to have those conversations with the
University the way we have since I've been here, and I think the relationship just
continues to get stronger, and I think that's beneficial for the whole community.
Hayek: Thanks, Tom!
This represents only a reasonably accurate transcription of the Iowa City City Council
formal meeting of August 21, 2012.