Loading...
HomeMy WebLinkAbout2015-01-06 TranscriptionPage I ITEM 2. PROCLAMATIONS ITEM 2a Martin Luther King Day — January 19 Hayek: (reads proclamation) Karr: Here to accept the proclamation is Human Rights Coordinator Stefanie Bowers. (applause) Bowers: And I just would like to, on behalf of the Human Rights Commission, thank the Mayor and the City Council for the proclamation, and I would encourage, um, all community members to participate in the numerous activities that will be taking place here on, um, Martin Luther King Jr. Day, and we hope to have a listing of those available on the City web site here in the next few weeks so that people can go to the diversity link on the City web site to get a listing of those events and programs. So, thank you! Hayek: Thank you! This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 6, 2015. Page 2 ITEM 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED ITEM 3d(1) CARTER ESTATE — RESOLUTION APPROVING FINAL PLAT OF CARTER ESTATE ITEM 3d(4) CPRB EXTENSION - MOTION GRANTING AN EXTENSION TO JANUARY 14, 2015 TO THE CITIZENS POLICE REVIEW BOARD FOR THE FILING OF THE PUBLIC REPORT WITH THE CITY COUNCIL ON COMPLAINT #14-02 Hayek: Item 3 is consider adoption of the Consent Calendar as presented or amended, with, uh, deferral of Item 3d(1) regarding Carter Estates, until January 20th. This regards the final plat for Carter Estates, and deletion of 3d(4) which regards the Citizens Police, uh, Review Board item. Mims: So moved. Payne: Second. Hayek: Moved by Mims, seconded by Payne. Uh, discussion? Now ... (several talking) Now ... right, so, uh, I see there are people here, uh, who are associated with the so-called cottages' issue on ... on south Dubuque Street. Um ... you are free to weigh in during the discussion portion of this, but I think before we do that, I'd like the City Attorney to advise the Council and thus the ... the audience, uh, what the Council will be doing, uh, with this consent vote. Dilkes: Uh, the only issue on the agenda tonight is ... is the setting of the public hearing, not the discussion about, um, the landmark designation. Council doesn't have any discretion about setting the public hearing. The Code provides that once ... once the ... the, um, application has gone through P&Z, Historic Preservation, and comments have come from the State that the Council shall consider the application. The first part of doing that is to set the public hearing. Um... and as a result, the Council needs to set the public hearing. Payne: So our vote tonight would be to set the public hearing for January 20 (both talking) Dilkes: January 201h Throgmorton: Yeah, can you clarify why it's the 20th and not February 9? Dilkes: I think there was an earlier recommendation ... or ... earlier request by the property owner, um, due to, um, him being out of town, to ... to have the public hearing on the 9th, but that request has been withdrawn. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 6, 2015. Page 3 Throgmorton: And we just got that right before our work session, right, so... Dilkes: Right! Throgmorton: I mean I know ... I want to say that because I've had some conversations with some of the people who are interested and .... they didn't know that ... aboutthe (both talking) shift. Dilkes: And the normal course is to set it on the 20th and given that there's only a 60 -day moratorium, that should be what you do. Hayek: And to provide further clarification, um ... is it correct that setting the public hearing, which would be part of our vote to occur momentarily would start the moratorium... Dilkes: Correct. Hayek: ...under State law. Okay. Dilkes: Under... City code. Hayek: Or under City code. Okay, so ... I wanted that out there. You are still free to weigh in if you choose with the Council. This is open to the public, uh, but I would encourage you to save your comments for the public hearing on January 20th on ... on that item. So ... having said that, is there anyone from the audience who wishes to... speak to any of the items on the Consent Calendar? Throgmorton: But ... but you mean es ... especially the ... the, um, the cottages' part of it. Hayek: Well, any of it, including that. Throgmorton: Yeah, cause you remember I want to bring up this other point. Hayek: Yes! But why don't, uh... actually, Jim, why don't you clarify that. I'm sorry I didn't give you a chance to mention that. ITEM 3d(3) TRANSFER OF DEVELOPMENT RIGHTS TO 912 S. DUBUQUE — RESOLUTION APPROVING A TRANSFER OF HISTORIC PRESERVATION DEVELOPMENT RIGHTS TO 201 E. BENTON AND 912 S. DUBUQUE STREET IN THE RIVERFRONT CROSSINGS — CENTRAL CROSSINGS (RFC -CX) ZONE Throgmorton: Yeah, so, if anybody wants to speak to the cottages' part of the Consent Calendar, please do, but what Matt and I were just talking about is that there's an item on the Consent Calendar, Item 3d(3) which is ... involves approving a transfer of This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 6, 2015. Page 4 development rights for historic preservation of the Tate Arms Building ... on south Dubuque Street. So ... I ... I ... I was, I want, uh, a staff ...a member of the staff ...I think Karen's going to do it, to explain to us and to the public what's involved in a transfer of development right. In other words, what ... what we're doing with regard to this particular, uh... uh... uh, motion, and then I'm going to ask you a question. Howard: Well I have some slides here tonight that might ... might help explain it (clears throat) because this is the first one that we've done under the form based code for Riverfront Crossings. Um, this is through a level 2 design review process. Um, we allow ... bonus provisions. It's basically historic preservation height transfer, uh, for properties that have been... are... are being preserved, um, that are historic. Um, and so the sending site would be of course the historic site. And this particular site of the Tate Arms, um, does qualify for this transfer of development rights. It has been designated... as an Iowa City landmark. This was done at the same time the property was rezoned to Riverfront Crossings, uh, a few months ago. Um ... the property owner owns a larger site and would like to transfer the development rights from ... for that preservation of the Tate Arms to a ... a receiving site, which is at 201 E. Benton and 912 S. Dubuque Street, which is directly adjacent to the Tate Arms. Um, the development rights that are created here by this transfer, um, the way that calculation works, um, is that the sending site, the lot area, taken times, uh, the number of stories that would be allowed under the Riverfront Crossings zone, that particular zone in this case in the Central Crossings' district, that's four stories. So you take the lot area times four, and that ... equals 34,800 square feet, in this particular case, and that could then be transferred to another site in Riverfront Crossings now or in the future. In this particular case, um, the developer has chosen to use a portion of the transfer development rights to build a fifth story on the adjacent site, which would use a ...7,400 square feet of those transfer rights on a fifth story in a new building. So, here's the Tate Arms that's going to be preserved, and be, uh, converted into a duplex, and this is the site. You can see the Tate Arms building to the south here. This will be preserved, and a new building will be...be built at the corner. The development rights that would have, uh... uh, been allowed here, if the Tate Arms had been torn down, would be transferred in a fifth story to this new building, um, and this is the proposed building design. The form based Code Committee has reviewed the building design and the transfer of development rights criteria, and find that it meets, um, all the criteria for a transfer of development rights. Throgmorton: Great! Thanks for doing that. I ... I wanted to bring, uh... I wanted to ask Karen this question because as she said, it's the first time we've done a level 2 review for historic preservation density bonuses. So, it's ... it's instructed to see how this is playing out with regard to that particular site, but ... but I do have one specific question, which I asked you by email earlier in the day, uh, so it won't catch you by surprise. Uh, am I correct in understanding that these kinds of, uh, development rights can be sold to another entity in the receiving area? In other This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 6, 2015. Page 5 words, that they don't have to remain within, uh... in the hands of the sending property owner, but could in fact be sold. Howard: Um, yes it is a property right. It would be a private transaction, just like a ... a purchase of a piece of property. So the City wouldn't be involved in that, other than the fact that if somebody wanted to use those transfer rights in the future for a different site in Riverfront Crossings, um, that developer of that ... that new site that either purchased the rights or um ... the same developer could use it on another site that they own. Um ... they would have to go through the same process that we're going through here tonight for that new receiving site, and would have to meet all the criteria (both talking) Throgmorton: Sure! Howard: ...for the design review and all that. Throgmorton: Sure! I ... great! Thanks! Uh, with that in mind, I'd just like to say this looks like a very good model for what could be done with regard to other historic properties in the district. So ... anyhow. Hayek: Thank you. Throgmorton: Thank you, Karen, and thanks, Matt, for... Hayek: Sure! So, again, uh, if you want to speak to the Council on either the cottages' issue or the transfer of development rights, um ... or anything else on the Consent Calendar, come forward now. If I don't see any interest I will ... move it back to the Council. Okay! Throgmorton: We've had a motion and all that? Payne: Yep! Hayek: Yep. Council discussion? Roll call, please. Passes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 6, 2015. Page 6 ITEM 4. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA) [UNTIL 8 PM] Hayek: This is the opportunity at each City Council meeting for members of the audience to address the Council on items that are not on the agenda. So if there's something that's not on tonight's agenda that you would like to bring to our attention, I invite you to come forward. We ask that you sign in, uh, verbally give us your name, and ... please keep your comments to five minutes or less! Dennis: Hi, I'm Maryann Dennis, and I'm the Vice Chair of the Johnson County Affordable Homes Coalition, and I would just like to thank, uh, you Councilors and staff for that thoughtful discussion at your work session regarding including affordable housing in Riverfront Crossings, in the event that the City financially contributes to the project. So thank you very much! Hayek: Thanks, Maryann! Anyone else? Okay! We'll move on to Item 5, Planning and Zoning Matters. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 6, 2015. Page 7 ITEM 5. PLANNING AND ZONING MATTERS ITEM 5a SLOTHOWER ROAD ANNEXATION — ANNEXING APPROXIMATELY 1.1 ACRES OF PROPERTY LOCATED AT 965 SLOTHOWER ROAD (ANN 14-00002) 1. PUBLIC HEARING Hayek: This is a public hearing. The hearing is open. (bangs gavel) Before we turn it over to staff, are there any ex parte... disclosures to make regarding either 5a or 5b, which is the rezoning portion of this? Okay! John! Yapp: Uh, John Yapp, Development Services. Uh, this is an application for the annexation of 1.1 acres on the west side of Slothower Road, uh, as shown on the overhead. Uh, this annexation is being requested to allow a larger, approximately 3 -acre parcel, uh, containing a house and a barn, as shown in this image, uh, to be subdivided into one lot in ... in one jurisdiction. Uh, currently approximately 2 acres of this property is in Johnson County. The other 1.1 acres is in Iowa City. Uh, the owner would like to put the house and the barn on one parcel and have it all be within Iowa City. Uh, essentially that's... that's the request for the annexation. Uh, staff reviewed this according to our annexation criteria. The area does fall within the adopted long-range planning boundary and therefore is eligible for annexation. Uh... the annexation would not impose an undue burden on the City in that it would remain a house and a barn. Uh, would not require extension of City utilities at this time. Uh, and that control of the develop ... of future development is in the City's best interest at this location, although no development is proposed at this time. Uh, because it is within the City's long- range, uh, growth boundary, control of it is within the City's best interest. Uh, would you like me to speak on the, uh, zoning... request? Hayek: Sure, unless... Eleanor takes...has a concern about that? Okay! Thanks, John! Yapp: Uh, the zoning applied for is the rural residential zone. Uh, this is a zone intended for rural development that is within City limits. Uh, that zone is intended to provide a rural character for areas that do not have utilities, uh, in the foreseeable future. Uh, and therefore it is an appropriate zoning designation for this property. Uh, staff recommends approval of both the annexation and the rezoning to rural residential, uh, and the Planning and Zoning Commission has recommended approval. Hayek: Any questions for John? Is there anyone from the audience to address the Council? This is a public hearing on the annexation. Okay, I'm going to close the public hearing on 5a. (bangs gavel) 2. CONSIDER A RESOLUTION This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 6, 2015. Page 8 Mims: Move the resolution. Botchway: Second! Hayek: Moved by Mims, seconded by Botchway. Discussion? Roll call, please. Passes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 6, 2015. Page 9 ITEM 5b SLOTHOWER ROAD REZONING — REZONING APPROXIMATELY 1.1 ACRES LOCATED AT 965 SLOTHOWER ROAD FROM COUNTY AGRICULTURE (A) ZONE TO RURAL RESIDENTIAL (RR -1) (REZ14-00022) 1. PUBLIC HEARING Hayek: This is a public hearing. The hearing is open. (bangs gavel) Anyone from the audience on this? Okay. Before I close the hearing I need to take the Council's temperature. Are we inclined to go with the recommendation? Appears to be the case. Okay, I'll close the public hearing. (bangs gavel) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Payne: Move first consideration. Botchway: Second. Hayek: Moved by Payne, seconded by Botchway. Discussion? Roll call, please. First consideration passes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 6, 2015. Page 10 ITEM 5c VACATING TERRA VERDE SUBDIVISION — VACATING THE TERRA VERDE SUBDIVISION, LOCATED AT THE NORTHWEST CORNER OF SCOTT BLVD AND MUSCATINE AVENUE. 1. PUBLIC HEARING Hayek: This is a public hearing. The hearing is open. (bangs gavel) Yapp: Uh, this is a request received by the property owner ... of the Terra Verde Subdivision. Uh, this subdivision was approved in 2012, uh, and was recorded, uh, as ... as a subdivision. Uh, no lots have been developed. No infrastructure has been installed, and none of the land has been sold, uh, to any other parties. Uh, the property owner would... has... would like to, uh, officially vacate this subdivision, uh, which means that it will no longer be recorded, uh, as an official subdivision, uh, and does intend to, in the future, submit a, uh, different, uh, subdivision design for this property. Mims: Haven't we seen at least a couple... different iterations of this? Yapp: We have! Mims: Uh... (several talking and laughing) Dickens: ...convenience store at one time and then (several talking) Payne: Yeah. Yapp: Uh, staff sees no harm in vacating the subdivision. Mims: Wonder how much time staff has had to spend on ... multiple iterations here. Hayek: Do ... do the plats expire after... Yapp: Fi... final plats do not expire. Hayek: Yeah, it's finals. It's the preliminaries that ... that have an expiration date. Throgmorton: (mumbled) ...about that ... final plats never expire! (laughter) Hayek: Until they come before us under Item 5c. (several talking) Yapp: ...but they may be vacated! Hayek: Is there anyone from the audience on Item 50 Okay, I'll close the public hearing. (bangs gavel) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 6, 2015. Page 11 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Mims: Move first consideration. Dickens: Second. Hayek: Moved by Mims, seconded by Dickens. Discussion? Mims: My only concern is ... and ... and this is just going to have to be up to staff's discretion, and I understand there's... there's certain limitations on what you can do or refuse to do, but... it... it just seems to me that staff has spent an incredible amount of time working with the property owners here on multiple iterations of development. Um ... at some point ... we either (laughs) need to find a way to get compensated for it or, uh... not keep bending over backwards to try and help somebody who keeps changing their mind. So ... it's a little frustrating! Hayek: Yeah, I concur and I ... I recall a fair amount of neighbor participation in at least one of the processes and (both talking) Mims: Yes! Hayek: ...and maybe ... maybe both, so it'd be nice to avoid this in the future, but ... if staff s okay with it, um, I will be too. Further discussion? Roll call, please. First consideration passes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 6, 2015. Page 12 ITEM 5d MOSS RIDGE CAMPUS REZONING — REZONING APPROXIMATELY 51.03 ACRES FROM INTERIM DEVELOPMENT — RESEARCH PARK (ID -RP), RESEARCH DEVELOPMENT PARK (RDP) AND PLANNED DEVELOPMENT OVERLAY- HIGHWAY COMMERCIAL (OPD -CHI) TO INTERIM DEVELOPMENT — RESEARCH PARK (ID -RP), RESEARCH DEVELOPMENT PARK (RDP) AND PLANNED DEVELOPMENT OVERLAY- HIGHWAY COMMERCIAL (OPD -CHI) LOCATED NORTH OF INTERSTATE 80 AND WEST OF HIGHWAY 1 AND A REVISION OF THE ASSOCIATED CONDITIONAL ZONING AGREEMENT. (PASS AND ADOPT) Mims: Move adoption. Payne: Second. Hayek: Moved by Mims, seconded by Payne. Discussion? Any ex parte from the last reading? Mims: No, I'm just curious if they can write a longer sentence for you! Hayek: Yeah! (laughter) Any, uh... anyone from the audience? Council discussion? Mims: Glad to see it keep moving forward! Hayek: Yep! It's very good! Roll call, please. Passes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 6, 2015. Page 13 ITEM 5e MOSS RIDGE — RESOLUTION APPROVING PRELIMINARY PLAT (SUB14-00019) Hayek: Need to get this on the floor! Mims: Move the resolution. Payne: Second. Hayek: Moved by Mims, seconded by Payne. Discussion? Howard: This of course is the ... shifting of the zoning ... or the, um, the zoning boundaries that you just adopted were shifted in order to accommodate some changes in the preliminary plat. This is, um, just to remind you, this is ... was the plat that was approved in 2012. Um, that has expired. That, uh, expires after two years. Um... and I will just show you the changes then that have occurred, uh, primarily the ...the reason that they have requested changes, they have since 2012 refined their storm water management plan, so that the storm water management is ... is, uh, integrated into the aesthetic design and the features of the office park. In addition, uh, they went through extensive environmental reviews, uh, related to, urn ... uh, both our ordinances and also the federal ordinances related to endangered species. The Indiana bat habitat was found here, um, and that habitat tends to be in woodlands that are near waterways. In this case there's a large, um, floodway you can see in this master plan photo, uh, or illustration, uh, Rapid Creek. So there's numerous, uh, environmental features on this site that they wish to avoid. So they've changed some of the zoning boundaries and some of the, uh, the ... the street pattern. I'll point them out here. Um, the conservation area on, uh, the upper corner, left-hand corner. That's where the bat habitat has been reserved. That's a conservation area that's in the floodway of Rapid Creek. There's also a small wetland mitigation area that will be, urn ... planted in that area. Uh, there's also a ... a small conservation area on the far east side. You can see the purple arrow there. That's also going to be reserved as Indiana bat habitat. Um, they did eliminate the east -west street connection that the previous plat went across the center of the development in order to preserve more of the woodland for future phases of the development, and as I said, they refined the storm water management plan, and they eliminated the cul-de-sac that was originally in the 2012 plat, uh, but the reserving an outlot for future, just in case at some point in time things change and there's an opportunity to create a new street connection, um, over to Highway 1 in that location. So those are basically the changes that they've proposed with the plat. Payne: So ... they didn't used to have those roundabouts in there. Howard: Um (laughs) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 6, 2015. Page 14 Mims: You don't like roundabouts! (laughter and several talking) Howard: That is the developer's choice! I think they've chosen those for aesthetic reasons. Um, that's not something the City's requiring them to do. Um ... uh... it's just for their own traffic circulation, and I think they probably can put, um, features in those ... in those roundabouts to, uh, show that they're entering, um, an office park development. Dobyns: Is that a rhetorical comment? (laughter) Payne: No ... I ... the reason I'm saying that is because I'm going to vote for this one with the roundabouts because the developer's puttin' them in there! But the other one that we talked about — uh uh! So ... (laughter) Hayek: We're going to have to work session roundabouts! (laughter and several talking) Okay, any more questions for Karen? (several talking) Is there anyone from the audience? Council discussion? Roll call, please. Passes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 6, 2015. Page 15 ITEM 5f CHURCHILL MEADOWS — RESOLUTION APPROVING PRELIMINARY PLAT (SUB14-00022) Yapp: Uh, this is a 39.6 -acre, 96 -lot subdivision, uh, located on the south side of Herbert Hoover Highway, north of St. Patrick's Church. Uh, this subdivision includes a range of, uh, housing types. Uh, a range of single-family lots. Uh, on many of the corners in the, uh, larger subdivision, duplexes and zero -lot line, uh, dwellings may be constructed. Uh, and also includes 7.2 acres at the north end of the property designated for townhouse development. Uh, outlots... A and C in the development, through the center of the subdivision, provide, uh... quite a bit of private open space as well as storm water management area. Uh, for now, uh, access to the subdivision would be solely from Herver ... Herbert Hoover Highway. Uh, however, the streets, uh, abut the property lines to the south, east, and west, and in the future as adjacent properties develop, it will result in an inter- connected neighborhood street network. Uh, as part of the, uh, conditional zoning for this property, uh, the developer is responsible for constructing a sidewalk on the south side of Herbert Hoover Highway back to, uh, Old Towne Village development, Rochester Avenue. (coughing) Excuse me! Uh, and the developer has proposed a, uh, sanitary sewer force main, also along Herbert Hoover Highway to provide sewer service, uh, to this property. Uh, Planning and Zoning Commission has recommended approval, and staff recommends approval. Be glad to take any questions. Payne: The last time we saw this was it to annex it? And this is the plat? We talked about this before (both talking) Yapp: Annex it and uh (both talking) most recently was the, uh, zoning (coughing, unable to hear speaker) I believe was approved at your last meeting. Payne: Okay! Hayek: Thanks, John. Any other questions for John? Throgmorton: Yeah, John, do you have any sense ... um, I ... I don't mean this really critically at all, but do you have any sense about, um, the ... the design features of the ... the larger buildings on the northern end of (both talking) Yapp: The townhouse... Throgmorton: Yeah, and how they're gonna fit in with the other buildings (both talking) Yapp: Con ... well, conceptually they would be, uh, townhouse -style units in clusters of four to six units, uh, per cluster. Uh, they would... there's a, uh, private lane or alley, uh... so the units would back on to that private lane and that would be their This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 6, 2015. Page 16 vehicular access, and the fronts of the units would face the, uh, public street... similar to most single-family development. Throgmorton: Thanks! Hayek: Thanks, John! Anyone from the audience? Council discussion? Roll call, please. Passes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 6, 2015. Page 17 ITEM 6. LEASE PURCHASE HARRISON STREET PARKING FACILITY — INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A MUNICIPAL PARKING SYSTEM REVENUE LEASE PURCHASE AGREEMENT IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $16,000,000 FOR THE LEASE PURCHASE ACQUISITION OF THE HARRISON STREET PARKING FACILITY. , a. PUBLIC HEARING Hayek: I'm going to open the public hearing at this time (bangs gavel) uh, but want to explain to the audience that, uh, staff and, uh, private, uh, entity are working out some details regarding both Item 6 and Item 7. Um, and so ... we do need to open the public hearing. If anyone is here to address the Council on either 6 or 7, uh, you can do so, um ... but we are going to continue the public hearing and defer consideration of the resolutions under Item 6 and Item 7, uh, until January 20th. Is there anyone from the audience who wishes to address the Council? Okay. Could we get a motion please? Mims: Move to continue the hearing and defer the resolution to January 20th Payne: Second. Hayek: Moved by Mims, seconded by Payne. I'm going to treat that as for both Item 6 (both talking) Mims: ...6 and 7, that's fine. Hayek: Okay. Further discussion? Roll call, please. Or voice... Dilkes: Motion. Yeah. Hayek: Did I say roll call? All those in favor say aye. Opposed say nay. The ayes have it 7-0 and so ... the ... the public hearing is continued and the resolutions, uh, for 6 and 7 are continued until January 201h This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 6, 2015. Page 18 ITEM 8. REVISION TO TAXICAB - ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS," IS AMENDED TO PROVIDE FOR THE REGULATION OF RIDE SHARING SERVICES OPERATING VIA A WEB BASED APPLICATION SYSTEM, TO REQUIRE THE CITY TO ISSUE IDENTIFICATION CARDS, TO ELIMINATE THE EXCEPTION FOR DISPATCHING FROM A LOCATION OTHER THAN THE OFFICE FROM MIDNIGHT TO 6:00 AM, TO REQUIRE COLOR SCHEMES, TO REVISE THE DEFINITION OF DESTINATION RATES, AND TO REGULATE SHARED RIDES. (FIRST CONSIDERATION) Payne: Move first consideration. Dickens: Second. Throgmorton: Second. Hayek: Moved by Payne, seconded by Dickens. Discussion? Are we going to get... Karr: Who seconded it? Hayek: Um (several talking) Dickens. Dickens: This guy, whoever he is! Hayek: Okay, so ... I see people in the audience who may be here to address the taxicab ordinance. Uh, if you are here, uh, you may come forward at this time. If you wish to speak to us. And we, uh, would follow our same protocol, which would be to ask you to sign in, verbally give us your name, and to keep your comments to five minutes, please. Williams: Good evening, Council, my name's Lynn Williams and I'm the General Manager and Chief Dispatcher for Red Line Cab Service here in Iowa City and Coralville. Uh, I want to thank you for holding the meeting tonight. Uh, there's only one thing that, uh, I have actually a question, uh... in regards to ... letter that was sent out to the majority of the cab services on December 18th in regards to phone calls that were made to each of the cab services that took place on January 6th, and this was well after midnight. Um, basically it was a ... there's a list of cab services that were, uh... uh, listed here. Basically citing the section 5.2...2(b) that, uh... we are not to be dispatching from cabs and that we're to be dispatching from the office from 6:00 A.M. to midnight. And also 6:00 A.M. to ... or, from midnight to 6:00 A.M. Now, the question in general here is that, uh... according to the way that, uh, this is documented is that, uh... if at any point in time when ... an officer calls one of us, just to see if we are answering our phones, 24 hours a day, and the repercussion if we don't, that we're going to be fined for it. Now is this accurate? This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 6, 2015. Page 19 Hayek: Well we're... Karr: That is ... that is the current, that is the current ordinance, yes. Hayek: So we're ... we're not set up for a back and forth between Council and the audience (both talking) Williams: Right, so... Hayek: ...but I think your question has been answered by staff... Williams: Okay. Hayek: ... current ordinance provides for that. Williams: That's one thing that, uh, we just need to get clarification on because, uh... um, there's just certain... others also here that, uh, now ... if we ... as cab owners are actually, cause I know what the ... the new regulation that you're going to be coming up with, uh, for later on this year, is to actually have, uh, City -issued badges for all drivers. Now, will these be issued by the City directly, uh, because we are also making those up with photographs of our drivers as we speak. Hayek: So ... I ... I would encourage you to ... to speak to the Clerk's office, which oversees the cab, uh... industry for ... on behalf of the City, with ... with questions you've got. Williams: Uh huh. Hayek: I mean, you may ... you may ... I don't know how many questions you have... Williams: That was just a couple of those. Hayek: ... so... Dilkes: They'll be issued by the Clerk. Hayek: Yeah. Dilkes: Um, and I ... and I want to clarify on the earlier letter that the gentleman was referring to. That was a warning letter. It was not a citation letter. It was a warning letter to say ... get your act together. If you don't do it, we'll fine you. Hayek: Get your questions answered? But if you have any other questions, please call the Clerk's office. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 6, 2015. Page 20 Williams: Uh huh. Okay. Very good, thank you! Hayek: Thank you. Adams: Thank you and have good night. Uh, my name is Adil Adams. Owner of American Taxicab (unable to understand) last, uh, winter with sexual assault and... (unable to understand) the Police took long time to (unable to understand) this issue. (unable to understand) I have my own database (unable to understand) I give them the full information about all the taxi numbers and the drivers name and their phone numbers. Uh, I stand here now ... I guess I want to make sure the Police or the City has good database so if there is any investigation, they don't need to come to the driver to ... look for the database. If they have accurate information about the ... (unable to understand) database about the taxi (unable to understand) investigation, rather than takes a long time for... so I want to... my question, who gonna be responsible for this database? The taxi company or the City? Hayek: So ... Mr. Adams, you've been before us before, and I know you've written us ... I believe you've written us. Could ... could staff provide a response directly to him, in answer to the questions he's raising tonight and has raised previously? Okay. Thank you, sir. We'll follow up with you. Bradley: My name is Roger Bradley. I manage Yellow Cab of Iowa City. Um ... been a resident of Iowa City for almost 25 years. I've worked in the taxicab industry now for... 12, um, in one capacity or another. Uh, we certainly understand the need for the ... some changes in the ordinance. Um ... when ... I first read Chief Hargadine's letter, um, I believe it was to the City Manager, uh, I really was astounded that it took so long for them to gather the information about that one incident, you know, they were looking for a driver. Um, I immediately called the City and ... or the Police Department and asked someone, you know, h ... how quickly did we get you the information, and I was reassured that, you know, we gave ours on a timely basis. I think a lot of the goals, um ... that were set out when redoing the ordinance are very good goals. Um, we do have some concerns about the new ordinance, um... in... in some of the aspects of our business. Um... so I'll ...I'll just be real brief with `em. Um, as far as insurance goes, um, we are concerned with the network taxicab, um, part of the ordinance which, um ... defines a pre -arranged ride as once someone accepts a trip on the phone app. Um, it appears that prior to that time, it would be a driver's personal insurance that would cover them being on the streets. Urn ... I was insurance commissioner, and insurance commissioners ... or the counterparts in at least 22 states and the District of Columbia have warned, you know, drivers basically to make sure that ... their insurance will cover this activity, this ride sharing activity. Um... because a lot of the insurance companies now are coming out saying if you are using your vehicle for ride sharing, it is a commercial vehicle. Um, we don't know if...if the insurance requirements are enough. I mean, after all, the car is out on the street. Even if you don't have a trip on that phone app at that time, the This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 6, 2015. Page 21 reason the car is on the street is because that ... that, uh, driver is out there waiting for a call. Otherwise you would assume maybe the car would not be on the street at all. Um, there is plenty of examples in the news where there's been problems with, uh, some of the larger ride share companies, urn ... kind of separating themselves from the ... uh, an accident and saying, no, it's the driver, uh, doing this. Um, you know, it's the driver's personal insurance that's responsible. So, you know, we hate to see something happen and then find out that, you know, the victims aren't properly covered. Um ... um ... there's also another aspect of our business that you might not be aware of. If somebody is out there doing ride sharing and they get a trip on the phone app and they pick up a customer, take the customer where they're going, they get in a conversation, the customer says oh, I'm only going to be in there for two hours and then I gotta go back home. Um, a lot of times a driver will strike up a relationship. It would be very easy for the driver to say well, you know, when you're ready to go home don't use the phone app! Just call my personal number. Um ... this actually, um ... is very conceivable in our business to happen. Um, if this does happen, then the call's not going through that phone app. Then there's no commercial insurance on that call ... at all! So that is something to think about. Um, we certainly want to make sure everybody's covered with insurance. So that's one of our concerns. Another concern has to do with pricing. Um, one of the major ride sharing companies has what they call `surge pricing.' Um, there was an article in today's Press -Citizen about Uber and their `surge pricing.' I ... it was a very good article. Um, basically what happens is it's called `dynamic pricing.' Um, if more calls are there than what there are available vehicles, the price immediately goes up. It is true that the customer can say `yes' or `no.' They can deny it. Um, this is just basically a form of auctioning off a ... a taxicab to the highest bidder is what it is. Um, just think of the last 30 hours in Iowa City, with the weather we had last night and today. I tell ya, we've been very busy. Um, if we were a network, uh, you know, transportation company like this, you know, and we did this dynamic pricing, uh, I can tell you that, you know, certainly you'd be paying more than what you were used to. Let's keep in mind that there are no real rules as far as how often they can do it. The way the ordinance is, we're ... you know, it's left up to the companies. All they have to do is make sure they get an agreement. Um ... you know, before the ride has taken place. Uh, certainly, you know, busy times, that's going to go up. Uh, it's easy to manufacture your own busy times. Um, keep in mind prices could, um, change several times in a matter of hours. You could take a taxi to work, pay one price. On the way home, pay three times as much. Nothing you can do about it. Pay up or... Hayek: Sir, your ... your five minutes are up, so we'll need you to wrap up quickly. Bradley: Okay, well, you know, we think that that needs to be looked at. We wonder why there's not an office requirement for the, um„ network companies, but there is for the, um, the metered ones, and also let's keep in mind that, uh, this kind of operation, um, tends to sort of weed out or discriminate against certain, uh, customers. You have to have a smart phone, you have to have a credit card in This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 6, 2015. Page 22 order to use `em. Um, if...if they're ... if those companies are successful with that, other metered companies will change to that business model. So ... these are some of our concerns with this ordinance at this time. Hayek: Thank you. Anyone else from the audience? Okay. Close it down for Council discussion. Throgmorton: I ... I'll just toss out something here. I ... I think you raise several important questions. Hayek: Yeah. Throgmorton: I ... I don't really know personally how to respond. Uh... so... if we want to take those questions and ... and possible answers into account, how ... how shall we do that? Hayek: Yeah. No, I agree, the ... the questions were excellent, um ... uh, I ... I don't know if staff can answer any of them right now or would need time to obtain answers, which could be provided to us at the second reading. Payne: I think the insurance is huge. Hayek: Yeah. Mims: Yeah. Throgmorton: Yeah. Hayek: Do ... are you prepared to answer any of these now or... Markus: We would prefer to have time to just come back and respond to them individually. Hayek: Okay. Throgmorton: So should we take a vote now or ... defer on..on this first reading? Mims: I would say let's go with a first consideration vote and then... Dobyns: Yes. Hayek: I'm comfortable with that, and ... and uh... I mean, these are very salient questions and I think we ... we want to get answers to those, but I'm comfortable taking a vote on first consideration and getting the information at the next meeting. Throgmorton: As ... as long as we're confident we're gonna get solid information back, and I assume that would involve Simon or someone on staff speaking (both talking) This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 6, 2015. Page 23 Markus: It'll be multiple staff members contributing (several talking) Mims: We can always defer the second consideration if we still don't have ... or the third, if we still don't have the answers we need, so... Dobyns: He sounds confident. Hayek: Okay. Um, well I'll be supportive of this and I want to call out Evan McCarthy, our ... our Student, uh, Government rep who's shaking his head and asking me not to call him out (laughter) but he deserves credit. He's the U of I Student Liaison to the, uh, to the Council and brought up an important issue having to do with rider safety, um ... uh, that Council responded to, and staff was supportive of, and ... and that's one reason that particular issue is addressed in the proposed ordinance, and so ... um ... I ... I appreciate that input. It's important input from our ...our, uh, Student Government friends on campus. Any further discussion? Throgmorton: Well I ... I'm going to vote for it, but I really want to hear the responses to these questions. Mims: Yeah, I mean, of the questions, the main one I'm concerned about is the insurance. I think, you know, the surge pricing, if you accept it, I mean, you know what the pricing is before you're getting in the cab. Um, to me... the ...the no office issue has been addressed in just the different way that the ... the business model works. Um, but I think the insurance is a huge issue. Botchway: I ... I kind of...I kind of brought up the insurance issue last time we discussed it. So I'm glad he was able to articulate it from the opposite end, cause I didn't necessarily think about it from the victim standpoint, but I was ... and again, I wasn't sure about how to articulate it in I guess a manner that, um, we were able to have some discussion on, but I'm glad we are, you know, going back to looking at some of those questions because I think those were... great questions, so I appreciate that. Hayek: I ... having gone through several iterations of taxicab related ordinances, I think it's an indication, at least to me, that ... that the ... the relative lack of input we're getting, or ... or unhappiness with the proposed ordinance, um. ... with ... with this one is an indication to me that what staff came up with is pretty good and ... and, uh, is .... has ... has found acceptance within the industry. In previous, uh, chapters of this ongoing discussion, I recall much more public input. So ... uh, that is telling tome. So ... further discussion? Roll call, please. First consideration passes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 6, 2015. Page 24 ITEM 13. CITY COUNCIL INFORMATION. Hayek: We'll start down with you! Dobyns: Nothing! Payne: Nothing for me! Dickens: Uh, with the recent snow, just ask everybody that can to clean off their curb cuts and try to help out as much as you can. The City can only do so much in moving the snow and it comes down to property owners helping out to make sure it's safe for everyone to get around. Mims: Good point! Nothing else for me. Throgmorton: I'd like to send a shout out to my good friend Chuck Connerlly who is the Director of Urban Planning over at the University and, uh, around two weeks ago Chuck came down with a life-threatening, uh, illness, uh, basically sepsis, which is a pretty horrible thing to have happen to your body. But I visited with Chuck today. I visit (mumbled) every day since he had his attack, but I had this great, long conversation with him today. It was such a joy, uh, to do that, cause it's pretty much ... it's the first time he's been able to talk in my presence since this happened. So (laughs) Chuck, if you're watching... keep it up! Botchway: I would say, you know, again, um, Matt has kind of given a list of vacancies, uh, for the commissions and think I forgot to tweet it out after the last meeting, but try to participate, you know, it's an opportunity to get involved in the City business and you know it's really educational from a ... just a City business understanding point, depending on the particular commission that you become a part of. So, um, even if you don't get on the one that is your favorite, you know, still participating on the commission really helps. Hayek: Thanks! I want to remind the public that, uh... uh, tomorrow at the, uh, Public Library from 6:00 to 8:00 is a public input, uh, opportunity regarding the Charter Commission and the process it's going through with respect to the City Charter. Um. ... I want to echo, uh, Terry's comments to, uh, in particular downtown business, uh, operators, um, in these snow events it's critical that you help... that you do your part to get the snow off the sidewalks, but I also want to commend staff on ... on the snow removal, the snow response. I was driving around. I think it was really good, um ... really good, especially in the downtown area, and that matters to a lot of businesses, so ... good job on that! This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 6, 2015. Page 25 ITEM 14. REPORT ON ITEMS FROM CITY STAFF a) City Manager Hayek: City Manager? Markus: So if the topic is snow, do yourself a favor and the Fire Department too and clean around the fire hydrant so that we have access to them. Uh, you get fires at this time of year and Fire Department, uh, time is delayed by not getting in and cleaning out those fire hydrants so they can make a connection to `em. So... This represents only a reasonably accurate transcription of the Iowa City City Council formal meeting of January 6, 2015.