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ITEM 2. STUDENT LEADERSHIP AWARDS
ITEM 2a Horn Elementary
Throgmorton: Would, uh, Tagen... Teagan, sorry! Teagan, uh, Clouthier-Proud, Waad Ibrahim,
and Kaitlyn Schmidt -Rundell from Horn Elementary come up! All right!
Welcome! We just met out front. It's great to see you again, right, and I practiced
pronouncing your names correctly. I hope I did it okay! And I bet you have some
proud parents ... out in the audience. Yeah? Okay! (noises on mic) So I thought
what I would do is read... the... the award, which is identical for each of you except
you ... you'll get your own separate award with your name on it. Okay? So I'm
going to read it one time and then give it to you, okay? So, we'll begin with
Teagan. (reads Student Leadership Award) So this is for Teagan ... (mumbled)
and there's exactly the same thing for Waad ... (mumbled) ... and exactly the same
thing for Kaitlyn. Now, what we would like for you to do is read your statements.
You did prepare them, right? Yeah, okay, so, Waad, do you want to go first?
Super! Here you go!
Ibrahim: Hello, my name is Waad Ibrahim and I am from Horn Elementary School in Mrs.
Teagle's fifth grade classroom. (mumbled) believe that I am a good leader
because I am organized. I like helping out, and I'm always doing my best. My
definition of leadership is how well someone can lead, take responsibility, and do
well with it, but it isn't like a process. You just do it. As for myself, I can lead,
take responsibility, keep control, and do well with it. My biggest thanks to you
all. (applause)
Throgmorton: All right, I like it! Just do it! Okay, Kaitlyn! (laughter and speaking away from
mic) So, uh.... uh, Teagan!
Clouthier-Proud: Hi, my name is Teagan (mumbled) I am a student at Horn Elementary School
and my teacher is Mr. Flammang. (mumbled) in many ways. At home
(mumbled) help take care of my brothers if my mom is working or sick. At...at
school I volunteer to help around the classroom and I also help my friends make
good decisions. I help people that are sad and need help with something. When
(mumbled) I try my very best to put a smile on their faces and make them feel
better about themselves. That's why I think I am a good leader. I'm done!
(applause)
Throgmorton: Well done! Okay! Kaitlyn!
Schmidt -Rundell: Hi, my name is Kaitlyn Schmidt -Rundell. I think that I'm a good leader
because I help around my classroom and I volunteer to help pass out items when
needed. I wish students in my class... students in my class will ask me to help
them understand subjects when they need help. I will try to be nice to everyone
and help them. When my teacher says 'not right now,' or calls on someone else,
I'm okay with that because other people want to have turns too. But I still think
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special formal meeting of March 23, 2016.
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I'm a good leader because I do so many ... things to help out in the classroom and at
my house. I also help around my house by helping my little brother and my little
sister practice piano, reading, spelling, or anything else they need .... they need
help with. I try to help out as much as I can. I try to help my mom with Girl
Scouts and other stuff like when she asks me to clean ... to clean my room. I also
like to help my dad with working at the autobody shop because it always ... it is
always so much fun to help him because it is very interesting to me what he does
and it is very fun to me too. And that is what I do to be a good leader. (applause)
Throgmorton: So my wife and I need a little bit of work done on our car. Could you and your
dad come over? What do you think? (laughs) They're great leaders! They're
going to be leaders in the future too. Uh, celebrate 'em all with me, please!
(applause)
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ITEM 4. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA)
Throgmorton: We can go at the most till 8:00. Uh, I'd ask you to limit your comments to no
more than five minutes per person. I don't know how many people would like to
speak. Maybe you could raise your hand, just for public comment. This is for
any item that's not on the formal meeting agenda. I know Leah wants to speak.
Anybody else want to speak? Okay! Leah!
Cohen: There might be someone after me too. I'm not for certain. Urn ... what I'm giving
you, Council, is ... (clears throat) a ... the sheet with the orange on it is actually from
a meeting of December 3rd in regards to the construction project downtown on
Washington Street. I'm Leah Cohen with Bo James, by the way (laughs) Some of
you I may not know — welcome! (laughs) Or welcome to me, whatever! Urn...
so anyway, that is from the December 3rd meeting that, um, when we were talking
about ... we spent about a year talking about this Washington Street project, and
urn ... I talked to staff on many occasions. So I wanted to let you have that and
then the current, what's going on with the current project. So what I basically
wanted to do is point out the differences in what happened with this. Um ... from
December 3rd many of us went to a meeting. It was an open City meeting. We
thought we were about the end of...kind of finalizing this construction project that
was going on. Throughout the whole process of that it was very important to me
that we not start Washington Street until after students were gone, which is about
the 15th of May this year. It's kind of new. As you see from this, that's what it
said — construction would start May 15th. If you look inside, it kinda shows how
we're starting at Clinton Street. In turn we're going down to Washington Street,
which was estimated for about six weeks (clears throat) on Washington Street and
then in turn the corner of Dubuque Street .... is what this is showing, and then the
second block, which would be the east block of Washington Street was to go on
after that. So that's just kind of a synopsis of what was happening. What we
estimated in our block was basically that June and July would be pretty miserable
with the... everything going on there. Um, but it was important that we started it
after graduation. At that meeting, there were some people from the east block that
complained quite a bit. We did not say anything because we kind of thought the
negotiations (laughs) were done and that was the way we had formulated it and
that was the end of that! So, urn ... at the end of the meeting staff mostly met with
this group that was complaining. I met with another gentleman that I think was an
engineer and he basically said to me'we may tweak this a bit, but this is it,' is
basically what he said. It took me 45 minutes to even get to sit with him, but I
wanted to make sure we had this in order for our block, our number of food
places. Tonight I'm pretty much ... have permission from ... some are here, some
could not be here, but Jimmie John's, 126 which includes Hearth and Moon
Rakers, um, Osaka, Bo James, Food Republic, Mesa Pizza is kind of who I'm
talking with and about tonight. So now what has happened with this project, we
all kind of formulated our business plans and looked at, and I said 'you know, we
can live through this, June and July it'll be done!' Now it has come at this final
stage to us which we just learned about three weeks ago. No one called me, no
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one called any of us, urn ... we have some language barriers on our street. Those
people think that they're gonna have their doors closed for two or three days for
sidewalks and that's it. So we have some real problems with what's going on with
that business community there right now. So what has happened with this new
project, my personal opinion is the ones on the other end of the street complained
enough they kinda got their way (laughs) I think is what happened. Um, what's
happening down on the far end of the block now ... so here's what's happening now.
Washington Street is being torn up April 11 th (clears throat) which is about a
month before graduation, actually our restaurants in the block busiest month of
the year, including football. It actually is because of cafes and all that sort of
thing. April 11th the, um, fence is supposed to go up, eight feet out from our
businesses is what we found out. It'll start on construction that day and it will not
complete on our block. Our sidewalks will not be done until July 23rd. So it went
from a six to eight-week project to three and a half month project is what
happened. So what's happening, our street is starting. They're going to the corner
May 2" d, which is when they originally were going to do that corner and us after
that. Then they're going to the corner of Clinton Street after the Criterium. Our
street still torn up through all this process. Then they're going to the corner of
Dubuque Street and doing that. Our street's all torn up through all that process,
and the last (mumbled) on this is to put our sidewalks back together. So during
that entire time, we will have ... eight feet from our building these barriers. Um,
again, we knew nothing about this until three weeks ago, or I would have (laughs)
been at a meeting. I would have been at a Council meeting. I had no idea that
this had changed at all! So ... I met with some staff again on this, obviously. I've
met with our block people, some of who are here. There's very big
misunderstandings with these people. Urn ... what we are asking, what they are
doing for the other block is they are putting their fences out to the curb, kinda
maybe in just a little bit, but somewhere near the curb, rather than taking
up ... going eight feet out from their businesses, for as long as they can, and they're
going to allow the cafes to stay open as long as they can. The other thing they're
doing is they're tearing up the block and then they are putting the sidewalk back
together immediately thereafter.
Throgmorton: Leah, excuse me. You've already gone six minutes. I wonder if (both talking)
Cohen: Okay, can I have someone give up their time for me?
Throgmorton: Uh, yes.
Cohen: ...I'm kinda of..okay.
Cohen: Hi there, Morgan Cohen, also with Bo James. I'm just gonna let Leah continue
(both talking)
Throgmorton: All right (both talking)
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Cohen: I knew I couldn't do this in five minutes. Darn it! But I want you to understand it
(laughs) So, um, what they've done to accommodate them is they're allowing that
fence to be put out at the road basically so they can keep all their cafes open, um,
obviously when construction's going on you can't have them open but you hose
'em down at night and they're open again (laughs) Um, the other thing they're
doing is that road will be torn up and immediately after that side of the street, the
sidewalk will be replaced. My guess is that's going to be a six or seven -week
process. So ... they went to six or seven weeks; we went to three and a half
months. So I just want ... I get pretty emotional because I'm dealing with all these
people on the block too, and I've been their representative ... and it's not right!
What has happened is not right! It's not right for these businesses. Some of them
are going to be closing during this process, and I guess what we want Council to
look at ... I understand that, um ... that a contract has been signed is what I'm told
and you can't change that. Um, I don't know any contract that can't be tweaked a
little bit without too big of an expense. What we are asking Council to do is to
talk to staff to see if we can have similar accommodations that they have down
the street, with the fence not being eight feet out, um, and with our sidewalk
getting put back together... so that we're not closed down for that entire period of
time. Okay! Thank you.
Throgmorton: Thank you, Leah. Sure.
Chackalackal: Thank you, Leah! I'm, uh, Mathew Chackalackal, I'm the owner of 126, Hearth,
and Moon Rakers, uh, in downtown Iowa City. We are on the west side of
Washington Street, as we are called these days. So, uh... I'm fully in agreement
and I think I would like to, uh, express my utmost displeasure at how things have
played out. Uh, so we had a series of meetings where all the businesses on
Washington Street were called and uh, members of the ... some Members of the
City Council were there, the City management officials were there. So the last
meeting was on December 3rd at the Senior Center. Uh, the (mumbled) was the
Sheraton, and um, lot of us, uh, I was extremely vocal at that meeting. I kind of,
uh, expressed... our concern because at that point in time what was presented to us
was sort of an open-ended process, like a construction that was started some day
with no end in sight. It was like, you know, the whole street was being... going to
be torn up. So, uh, I do remember you know asking why it couldn't be phased.
Why, you know, it couldn't be done in sections so that the impact to the
businesses would be minimal. So at the December 3rd meeting the consultants to
the City, I think they are MMS Consultants out of Des Moines, so they presented,
uh, and they kind of had a phased approach. Uh, so ... our street ... so the west side
of Washington Street was, they called it phase one but broken into three
components, uh, and so sometime in April they're going to fix all the walls, which
had to be done, obviously. And then the ... the next phase was to basically work on
the Clinton Street, Washington Street intersection, followed by our street, as in,
you know, we're you know between, uh, the intersection of Dubuque and
Washington, and uh, Washington and Clinton, and then the last seg ... segment
was, you know, finishing the Dubuque Street, Washington Street intersection. So
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this was supposed to take about three to four months, but, uh, the
street... Washington Street between, uh, Clinton and Dubuque was going to be
closed for just two months. And so we looked at it and we said, okay, you know,
we all grudgingly knew that it had to be done, but we didn't, uh, want it to be a
protracted affair so two months and ... were June and July, we figured okay we
could manage. Uh, we could save up enough money (mumbled) as everybody
knows January through March are, you know, extremely lean months for
businesses, especially restaurants. April and May are like our busiest months.
We have graduations, springtime, you know, restaurants that have patios, you
know, we get a lot of business because of that. Uh, and so we kind of said, okay
you know, if that's the way it is we will make it work! Uh, so about two to three
weeks, like Leah mentioned, we get word that things have changed. Uh, when
what we are told at the December 3rd meeting was, you know, this is sort of the
outline ... this is what we're going to submit for, uh, proposals, but uh, when it
all ... what it all boiled down to, and actually what happened, you know, it looks
like construction is going to start in April. We're going to lose, uh.... the best of
the months, uh, as a result of construction, sidewalk being (mumbled) all kind of
disruption. This also like you know we have graduation right in the midst of this,
but still ... even though it's starting two months early, Washington Street is going to
be shut down, uh, there's going to be fencing in front. We'll have a eight -foot
sidewalk (mumbled) two months. It's now going to be for four months. So ... at
this point in time I would like to say that, you know, this is totally unfair, given
what was presented to the businesses on the west side. If things were going to
change, I think ... who was responsible should have had the decency to come talk
to us businesses, you know. There are a lot of us who have been extremely vocal.
They know ... the City knows who those folks are. Nobody made any effort to
contact any of us. And I think ... and it's just ... and we are just two blocks down.
It's not that difficult. So... to not having even made that effort ... and to penalize us
businesses (mumbled) two months to ... for four months, I think, is extremely
unfair. So I think, you know, regardless of what state the contract is in, I think the
City has the responsibility to take a closer look at what transpired at the meeting,
what ... the businesses were told, and how it's playing out right now. That's all I
have to say. Thank you for your time.
Throgmorton: Thank you for coming, Mathew. Thank ... thank you for coming and sharing your
view. Uh, would anyone else like to ... address a topic that's not on the agenda?
Geoff, if there are any adjustments that can feasibly be made, knowing that we
already have a contract in place. We already have a construction schedule, uh,
adjustments that are possible would be good. I ... I don't know what all is really
feasible.
Fruin I met with Leah yesterday. We had a good discussion. She shared with her the
same views and... and I'm looking into... staff is looking into any accommodations
that can be made.
Throgmorton: Anybody else want to address a topic that's not on the agenda?
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Karr: Motion to accept correspondence.
Botchway: So moved.
Dickens: Second.
Throgmorton: Moved by Botchway, seconded by Dickens. Roll, uh... um, all in favor say aye.
All opposed. Motion carries seven to nothing, 7-0. Okay, we can move to Item 5,
Planning and Zoning Matters.
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ITEM 5. PLANNING AND ZONING MATTERS
ITEM 5a VACATION OF HERBERT HOOVER HIGHWAY SE —
VACATING AN APPROXIMATELY 15 -FOOT -WIDE PORTION OF
HERBERT HOOVER HIGHWAY LOCATED ADJACENT TO
CHURCHILL MEADOWS — PART ONE (VAC15-00008)
1. PUBLIC HEARING
Throgmorton: Public hearing. John Yapp!
Yapp: Good evening, John Yapp, Development (both talking) Services. Uh, this is an
application that came to us, uh, from the adjacent owner of the Churchill
Meadows subdivision, uh, regarding some excess right-of-way on the south side
of, uh, Herbert Hoover Highway. Uh, the request is for the City to vacate this
right-of-way for it to be added on to the residential property, uh, to the south.
This is the zoning map. The zoning actually goes up to the right-of-way line, but
uh, Churchill Meadows is a development approved last fall. Uh, the RM -12
zoning that would be townhouse development along Herbert Hoover Highway, so
adding this right-of-way would give a little more, uh, private yard space in front
of those townhouses. To the south would be, uh, single-family and duplex, uh,
development. Uh, this is an image of the, uh, right-of-way being requested to be
vacated. It would ... the request would .... the right-of-way would end up, um... a
little bit narrower, but we have determined it is not necessary for, uh... current or
future needs for Herbert Hoover Highway. Be glad to take any questions.
Planning and Zoning Commission recommended approval.
Throgmorton: Any questions for John? Hearing none, would anybody like to speak to this
particular topic? Don't see anybody; I'm going to close the public hearing. (bangs
gavel) All right.
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Botchway: Move first consideration.
Dickens: Second.
Throgmorton: Uh, moved by Botchway, seconded by Dickens. Discussion? Hearing none, roll
call.
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ITEM 5. PLANNING AND ZONING MATTERS
ITEM 5c REZONING SCOTT BOULEVARD AND LOWER WEST
BRANCH ROAD — ORDINANCE REZONING 9.33 ACRES OF
PROPERTY FROM LOW DENSITY SINGLE FAMILY (RS -5) ZONE
AND MEDIUM DENSITY SINGLE FAMILY (RS -8) ZONE TO PLANNED
DEVELOPMENT OVERLAY (OPD -8) ZONE AND A SENSITIVE AREAS
DEVELOPMENT PLAN FOR PINE GROVE LOCATED SOUTH OF
LOWER WEST BRANCH ROAD BETWEEN SCOTT BOULEVARD AND
HUMMINGBIRD LANE. (REZ15-00023/SUB15-00031) (PASS AND
ADOPT)
Throgmorton: I know people want to speak to this, so we .... should we do this before we have a
motion?
Karr: The motion (both talking)
Throgmorton: All right.
Mims: Move adoption.
Botchway: Second.
Throgmorton: Moved by Mims, seconded by Botchway. Discussion. So ... I'd like to hear from
anyone who would like to address this topic.
Hamilton: Thank you, Mayor (both talking)
Throgmorton: Hello, Gregory!
Hamilton: Thank you, yeah, Greg Hamilton, 260 Hummingbird Lane. Uh, thanks for the
opportunity to speak with you again. I had submitted a presentation, um ... let me
see if I can bring that up on your... projector here.
Throgmorton: So, Greg, it looked to me like it'd be more than five minutes to present this (both
talking)
Hamilton: I'm not going to attempt to read through it. We'll keep it to five minutes or less.
Throgmorton: Okay.
Hamilton: I just wanted to highlight four, uh, main objections to, uh... the development,
as ... as had mentioned before, we'd anticipated development on this nine acre lot
which is currently a single-family home. There's many positive aspects of it. We
appreciate that the single-family housing is on the ... the Hummingbird side near
residential neighborhood and the greater density is ... is on an arterial road, Scott
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Boulevard, but we do believe that there are still four, um, serious flaws in the, uh,
proposal that would merit it being rejected. Um, we, uh... would certainly support
having this developer in our neighborhood and an expedited process if that's
possible, but uh, but we do have these four, uh, concerns. First we believe that
the trees are not adequately protected in the site plan. The eastern portion of
the ... the nine acres is on the west side of Hummingbird Lane, which you can see
here — 565 feet of tree line, uh, 40 -year-old, uh, hardwood trees, mostly maples,
um, that are approximately, uh, 25 -feet behind that fence line. The wooden fence
line that you see there is where the property line begins for this property. Up and
to that fence line is the, uh, the City wi... right-of-way, so the City already has
access to that property. Um ... there has been talk about preserving some of those
trees, but I don't believe that the math has actually been done as to what will need
to happen. Uh, there is not a plan for the developer to immediately remove those
trees, but once those lots are sold to single ... to .... to homeowners that will need to
develop those lots, there's not adequate depth on those lots to put the footprint of a
single-family home. Uh, for example at the ... the bottom there, 167 Hummingbird
Lane, the depth of that lot is the same as the ... as the new lots. Urn ... the, uh, the
new home construction in those lots would have to be 50 feet behind the tree line
to ... to clear both the trunk and the, uh, the root balls of those mature maples, and
there's not adequate depth for ... for any sort of a yard there. So the trees that
would be in the roadway, um, and the driveways are not the only ones that would
be lost. Uh, it's ... it's not realistic, you know, to ... to think that any are going to
remain after homes are there, and there's no restrictive covenants at the moment
planned that would require any homeowner to keep those trees. Um, the ... there is
a remedy available to the City. Uh, the ... the staff report indicated that a...a, uh,
development of this size would have to develop... would have to set aside open
space, and there's a formula... given the size of the development. 15,000 square
feet is what staff calculated, and indicated that they recommended that a fine be
assessed instead of identifying open space. If 27 feet of open space behind that
fence was allocated, that would be the ... the 15,000 square feet of open space and
would solve this problem. If the ... if the lots were oriented so that that was the
back fence line, the ... the 20 foot setback that's required on a single-family lot
would assure that none of these trees would ... would, uh... would need to be
removed. (mumbled) the developer, um, originally proposed a cul-de-sac, the
developer recognized that cul-de-sacs are allowed, um, under ... under City code,
and uh... that it would save more trees, but uh, staff recommended that a cul-de-sac
not be provided. Um, there is a precedent. There's three cul-de-sacs within 200 -
feet of this development. Uh, problem three is the safety issue. Uh, I live directly
across the street from the intersection of what would be the new Pine Grove Lane.
I have seven young children at home, including a disabled young boy with Down
Syndrome, so of all these issues the safety is my biggest concern, as I think it is
the ... the neighbors on our street, so if no other change was made, uh, not having a
cut -through to Hummingbird Lane would ... would be our biggest, uh, concern.
Uh, the staff report indicated 390 car trips a day, uh, which is already, uh, a large
number. I ... I think if we dig into the ... the data and consider the ... the actual
demographics of this neighborhood and what are expected to be, uh, expensive
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homes. Expensive homes would be wonderful in many respects, but the ... the data
indicates that ... that, uh, with higher income comes more travel and uh, if we
assume even just an $80,000 household income in these homes, 13.1...13.2 trips
per day is what the, uh... uh... Federal Highway Administration, uh, indicates
would be the... the.... the average number of trips per day. So we could essentially
have double the number of, uh, actual, uh, trips ... as opposed to what the City has
estimated when we correct for the demographics here — income and the fact that
these are large two- to three-bedroom apartments that are away from the city
center and the campus. Um ... the, uh, depth.... the... the City has acknowledged
that the road is less than the current design standards. They also acknowledge
John Yapp's memo that it's not possible with the current on -street parking for
oncoming traffic to pass each other. There needs to be a yield situation, which is,
uh... acceptable and totally fine given the number of local residents that are on the
road right now. We think people should be able to have on -street parking in front
of their home, and that may be an issue, uh... (both talking)
Throgmorton: Greg, if I could interrupt. You're... you're already at six minutes. Uh, I don't know
if there are anybody... any other speakers who would defer to you but uh....you...
you've used your five. (unable to hear person in audience)
Hamilton: Thank you.
Throgmorton: All right.
Hamilton: I appreciate that! Um ... cul-de-sacs was ... was, uh, was one solution that we
recommended, uh, that this Pine Grove Lane access Lower West Branch Road.
The other was that if there's a second access that's necessary that accessing Scott
Boulevard is more appropriate since it's an arterial street designed to handle more
traffic. Um...City staff ...uh, referred to the City code, but the City code presents
the option of either interconnected streets or cul-de-sacs and indicates that there's
a balancing test involved. You know, the City code would be informed by and
not in contradiction to the Northeast Plan, which specifically mentions cul-de-sacs
as a ... as a solution to ... to preserve environmental features like the one that we're
speaking about right now. The Northeast District Plan ... the northeast district that
we're in right now, uh, under the neighborhood planning principles, one of the key
ones that they mentioned was, uh, preserving, uh...natural features, and they give
an example of a single -loaded street at the bottom right, uh, and that's considered
such a distinctive feature there in the northeast that it's on the cover of the plan.
Um ... Hummingbird Lane currently is a single -loaded street in which there is
development on one side of the street. A trail connection would be one way to
integrate the ... the neighborhood. There... there's a great deal of walking traffic
right now. This essentially is the local park for the ... the three block area. The
Northeast District recommends that parks should be in. Uh, there are children,
there are elderly, uh, people from the ... from the, uh, low-income housing and
the ... the, um, other areas around here. Uh, a trail connection at the end of a cul-
de-sac, uh... would be one way to ... to integrate the neighborhood into ... into the
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existing neighborhood. Um ... at the bottom you'll see that there's a, uh, a, uh, low-
income housing... project that's at the south end of the property line right there. If
we are concerned that cul-de-sacs are a problem, that 73 units of low-income
housing is currently on a cul-de-sac. If we took Pine Grove Lane and made the
second intersection on Scott Boulevard, there would be the opportunity for those,
um ... low-income elderly to have a second access onto Scott Boulevard that would
provide them access to emergency service vehicles or those types of things, if
that's what we're concerned about with cul-de-sacs. Um, the scale of the proposed
apartment building is too big. Um ... it's double the size of...of any of the
individual buildings in the area. It's twice the size of the Old Capitol. It's, uh,
wider than Hancher Auditorium. It's wider than the UI Peterson dormitory. It's
wider than this City Hall, fire, police complex. It's wider than the new Children's
Hospital. It'd be one of the largest structures in the area. City staff indicated that
there are other large structures in the area and they pointed to the Iowa City Care
Center on Hoober Hoover Highway. I would note that that's in a commercial
district. It's next to other businesses, and it just has one access, which is on
HerbertHoover Highway, which is an arterial road. They also mentioned Legacy
Pointe, which again is in a commercial district, which has a, uh... uh, a UI
Healthcare Clinic right next to it, and it also has one access, which is right on
Scott Boulevard. Uh... so we would ask respectfully that you would reject the
current plan, uh, and would consider the ... the safety of the neighborhood and
some of the other issues that we've mentioned. Thank you.
Throgmorton: Thank you, Greg. Um, I'm sure there are other people who would wish to speak,
address this topic. (mumbled)
Musser: Good evening, Duane Musser with MMS Consultants. I just wanted to kind of
rehash ... where we started and where we are now. Um, we were approached by
the applicant, um, in October of last year. Started working with staff on concepts
and designs, with concerns about saving the trees, um, tying into the existing
neighborhood, blending in, transitioning (mumbled) existing neighborhood, and
we submitted our application to P&Z, to staff review, on December 17th of last
year. Went through the good neighbor meeting; met with some of the concerned
neighbors, heard their concerns about protecting the trees, access to
Hummingbird Lane. Through the two P&Z meetings we addressed several of the
concerns that P&Z had, as far as preserving trees, limiting access to Hummingbird
Lane. As far as the design, we're attempting to mix in the housing types, different
types of housing, different types of densities, and diver... diversity of housing sizes
and units. The clustering along Scott Boulevard is very similar to the units to the
north and south along Scott Boulevard as far as size and scale. And then we're
also trying to transition into the larger single-family homes to the east. Our
average lot size is 18,000 square feet. Our largest single-family lot is over 25,000
square feet. Attempting to preserve as many of the existing trees as possible — we
have over one acre of pine trees in the northeast corner that we're protecting in an
outlot and several large stands of trees that we will preserve in the rear yards of all
the single-family lots as possible, and again, limiting the accesses to
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Hummingbird Lane. Two driveways we're down to now, and the proposed street,
attempting to save as many of those trees along Hummingbird Lane as possible.
Uh, we're very confident with the staff report, the traffic report, and working with
staff to get this plan according to your design standards. Happy to answer any
questions.
Throgmorton: Any questions for Duane?
Dickens: There was a cul-de-sac originally in the ... one of the earlier plans. Is...
Musser: One of the earlier concepts had a cul-de-sac and ... and that's when we worked
through that with staff, based on your design standards, it was very difficult to
justify the cul-de-sac. There's really no environmentally limiting features that
would qualify a cul-de-sac design.
Mims: Duane, on the trees along Hummingbird Lane, um ... from what Greg had just
mentioned and showed us versus some of the graphics we have, um, that I think
are from your company ... the graphics that we had from your company showed
those trees like right up against ... what would be the front property line of those...
lots that face onto Hummingbird Lane.
Musser: Correct.
Mims: Based on what Greg is indicating, it sounds like those trees are set further back,
which would make it very difficult to actually site a house on one of those lots
without removing probably the bulk of those trees.
Musser: The first row of trees are upright evergreens and, you know, if those would be
saved ... I don't know if people would want to save those individual evergreen trees
in their front yard. The next row is the red maples, the nicer maples...
Mims: Uh huh.
Musser: ...and those would be in that front yard setback. You know we have a street
connection and two driveways, we're gonna have to take a few of those out. The
furtherest west row, closest to the house, are the larger silver maples, um, not an
ideal tree that you would want in your front yard. Um, again, those fall right on...
close to the front yard setback of 25 feet. So we're gonna ... the homeowner, the
developer wants to do everything he can to save those trees. Um ... that's all I can
tell ya.. .
Mims: Okay.
Musser: ...you know, we're gonna ... we're gonna work with the City Forester on a tree
protection plan through the whole subdivision process, fence off all the trees that
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don't need to be removed, build the subdivision, and then we'll work with
individual lots, with each house building permit to save as many trees as possible.
Mims: So you're saying the third row back from the property line is 25 feet.
Musser: Approximately 25, 27 feet, yes.
Mims: And then you got the roots, okay. Thank you.
Musser: Yeah, then the rest of the lot.
Throgmorton: The trees basically are an amenity, are they not? So it would be in the best
interest of the developer and potential property owner to preserve as many trees as
they could.
Musser: Absolutely, and ... I mean all trees are important to save. There's not 80 -year-old
oak trees here or 100 -year-old oak trees here. Majority of these trees were
planted by the previous owner. If you look at the history of the aerial photos,
between the 30s, 40s, 50s and 60s, it was basically bare lot. Looked like to be a
horse racing track at one time and then the ... the previous owner planted all these
rows of trees, um, so again ... any tree on a lot as far as resale development is ... is
worth a lot of investment and saving.
Throgmorton: Other questions for Duane?
Taylor: You'd mentioned the good neighbor's meeting...
Musser: Uh huh.
Taylor: ...uh, at that meeting and after that did you take any of their concerns into
consideration with your plans?
Musser: Yes we did, and ... and a lot of the concerns, you know, we weren't ... um, I guess
we weren't as concerned about saving the trees, and that's something that we've
done working with staff — saving more of the trees. We weren't as concerned
about driveway and access points onto Hummingbird Lane. We limited that
down to two driveways. We were showing where that driveway can be built in
order to save as many of those trees on Hummingbird Lane, so we ... we have
addressed as many of those concerns as feasible. Thank you.
Throgmorton: Thank you, Duane. Anybody else want to directly address us? (unable to hear
person from audience) Come on up, Monica!
Maloney-Mitros: I'm Monica Maloney-Mitros. I live at 290 Hummingbird Lane. Um, I agree
with Greg that we actually think that this will be a wonderful development, except
for the concerns that we have. I expressed them in two letters to the Council. I
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hope you've read my notes. I guess I also hoped that perhaps people would drive
by and see what the area looks like, uh, it's spring so you don't see the beautiful
trees, but you saw the pictures of them. Um, one thing about the Planning and
Zoning, we got that notice, um, the week of, uh, just before Christmas, I believe.
Anyway, in a winter time period when some of the, um, people on the street were
away and were not aware of what was going on. Very little time to do the kind of
research that Greg has done to come up with some of the information that he's
presented this evening. My concerns are about the apartment building being too
big, the total number of units being too large for that area, uh, the safety...if
Hummingbird Lane indeed ends up being kind of a dump of tr... of cars out onto it;
the proposed road is actually wider than the street that would receive the traffic,
and that seems a concern to me. Hummingbird Lane is narrower than the
proposed road. Also we're concerned about drainage with the number of trees
that are being removed. The root system, etc., that controls the water. I realize
that some ... there's been given an okay to that, but that is a concern that I want
noted and part of what I put in my letter, so that if we have future difficulties with
drainage on the... east side of the road that we can come back and get some kind of
assist with that. Um, and finally that land set-aside. I just feel that this whole
area, I think part of the reason that Steve chose it is because he realized what a
beautiful zoning land it is and I feel that it's just silly if not ... downright dumb to
not designate some of the area as the open land for the people in the neighborhood
to use. Thank you very much.
Throgmorton: Thank you, Monica. Anyone else?
Kohli: Good evening, I'm Steve Kohli, the (clears throat) pardon me, developer of
record. I recognize some of you from, um ... previous City Council meetings.
We've had a (clears throat) pardon me, a few con .... uh....we've done this before.
I usually don't show up because everybody else is better at this than me. Uh, but
listening to my neighbors, I say neighbors because I own a property about, oh,
two, three blocks away. Uh, we've owned it for about 20 years. I've driven by
that parcel almost daily and uh, very desirable. So when it came up (clears throat)
I was very anxious to get it because I felt ... we can do a very nice job there.
Probably better job than anybody else. Um ... I am concerned that my neighbors
there are .... voicing these concerns and I hope in some way to try to alleviate
some of those. There's the old story (clears throat) the guy comes up with a
broken arm and his friend said this: oh I'm so sorry to see you broke your arm.
That's sympathy. Comes up to another friend with his broken arm and says: I'm
sorry to see you have a broken arm. Friend holds up his arm, it's broken, and
says: I know how you feel. That's empathy. Where we live now we're on the
edge of the city. There is over 100 acres of...undeveloped land next to us. If you
drive out there now, there's over 150 homes, I believe, and there's a large church
that we share a property line — over 800 feet — with. My neighbors at the time
were very concerned about all that, and I understand. I am empathetic.
Fortunately I had done this for a few years so I suspected things would probably
be okay, and as it turns out, the people who built the house right behind us, they're
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all real nice people. Their dog jumps through the fence, plays with my dog. The
church next door, we had a Halloween party, invited them. Senior Pastor came
over ... let us park there. Um ... we made friends! My children played with their
children. We, uh, hunt, fish, take your kids back and forth, share. It's a
neighborhood. It's a community. Where the people live now ... the previous
people brought up the same objections (laughs) and everybody's happy now and
their children play together and we all get along. Unfortunately that is the price of
progress. We were coming into town .... a couple days ago my wife was, 'Oh my,
we're on Dubuque Street. Oh my!' She goes, 'Oh, why are they deforesting
Dubuque Street?' And I looked and all the trees were cut down. Well, that road
goes under water. We have to widen the roadway to raise it. So the trees have to
be cut down. They'll be put back. They grow. That is ... progress. The last thing
I'd like to address is ... is the size of the building. Um, I would ... like to point out
that the people on the west side of Scott who will be actually seeing that building
or you're in my building looking out, you see theirs. (mumbled) here. Those are
the people most affected ... by that. The other thing I would say, there's a ... a
miscommunication. I don't know exactly how it happened and I won't, uh, offer
any ideas, but ordinarily it's kind of human, uh, convention when we discuss
width and length. A piece of paper is 8 1/2 wide by 11 long. Ordinarily length if
greater than width. We just accept that. My building is less than 85 feet wide.
It's important distinction to be made there. When you compare it with the houses,
with the buildings across the street, it's not that much longer. If you ... if you put
my two four-plexes together without the space, I think they're the same length or
perhaps a little wider. I should (laughs) I should have measured those. I
apologize! So really .... you know, this building's portrayed to be huge (laughs)
and it's really not. Real quick, I ... had some guys lay concrete for me (clears
throat) They had a nice gentleman, fairly large. He was over 350 pounds, I think,
and they introduced me: this is Henry, one of the largest farmers in Johnson
County. It kind of got me. So talking to Henry — real, real nice guy! Very
friendly. We were talking, I said it's none of my business — it's your business —
but how many acres do you have to farm to be a large farmer in Johnson County.
He said what do you mean? I said well how many acres do you farm? He said
12. Course the guys that told me the story are laughing cause he was one of the
largest... at 350 pounds, he was one of the largest farmers (laughter) in Johnson
County. This probably is one of the larger buildings in town. It's a small building
compared with big buildings! I just, uh.... again, we are a nation of laws. Um,
we've worked, uh, since I think September, October with staff. We made
countless changes, uh, to the blueprints, to the plans, to get 'em where we are.
Uh, P&Z accepted those. We went through everything. We've just gone
through ... no new material arguments have been presented tonight. And thank
you very much for letting me speak!
Throgmorton: Thank you, Steve. Anyone else? I ... I would like to hear, uh, from staff. There's
some specific... points that, uh, Greg raised, uh, and I'd like to hear ... uh, how the
staff responds to those particular points.
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Yapp: Mayor, what points would you like me to, uh, focus on?
Throgmorton: Pretty much what's in your memo (both talking)
Yapp: Oh, okay.
Throgmorton: (both talking) ....from today I guess.
Yapp: Uh, regarding interconnected street, uh, policy. It's actually a design standard in
our subdivision code to require streets to connect to each other. Uh, that was a
design change made in 2005 when the, uh, subdivision and zoning code were
updated. The ... the goal is to encourage neighborhoods with connected street
patterns, as opposed to separate cul-de-sac street patterns. Again to promote
connectivity, multiple ways in and out of a neighborhood, uh, both for the
residents and for service vehicles, uh, etc. Uh, the code does allow cul-de-sacs to
avoid a sensitive environmental feature. Uh, for us that's as defined by our
sensitive area's ordinance. Either steep slopes, woodlands, wetlands, etc. Uh,
regarding trip generation estimates, uh, staff uses the, uh, Institute of Traffic
Engineers trip generation manual. Uh, this is the manual nationally used. It's the
manual we have always used, uh, for trip generation estimates. Uh, that said,
vehicle estimates are estimates. Uh, and ... and always depends on the individual
people living in that development. We acknowledge that our estimates may be a
little high, may be a little low. Uh, it would not change our recommendation. Uh,
regarding the width of Hummingbird Lane. It is a 25 foot wide street that is
slightly narrower than our current design standard for residential streets. Uh,
however we do have several neighborhoods in Iowa City, uh, made up of all 25 -
foot wide streets. Uh, those include Manville Heights, uh, Longfellow, Lucas
Farms, uh, and several neighborhoods off of Benton Street are all 25 -foot wide
streets. Urn ... regarding open space, uh, the ... the project does include a significant
amount of open space, primarily at the northwest corner with the preservation of
the pine, uh... woodlands, uh, at that corner. The Parks and Recreation
department, uh, did not, uh, was not in a position to accept any public open space
on the ... on the property and recommended fees in lieu of. Those fees will be
used, uh, for a park within the neighborhood. Um ... as Duane mentioned, the, uh,
project does require a tree protection plan to be submitted, prior to any
development activity. Uh, and to be approved by the City Forester. Any
additional questions for me?
Thomas: For the 54 unit, um, structure, what's the average cost of those gonna be in terms
of each individual unit? Will they be rentals or do we have a sense (both talking)
Yapp: I don't have that information. I would have to defer to the developer ... on that.
Throgmorton: Any ... anything else for John before he sits down?
Yapp: I just heard him say the intent is for condominium.
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Throgmorton: Thank you, John. Would anyone else like to address (several talking in
background) this proposed rezoning? Okay I don't see anybody. So ... let's see,
there's no formal... there's no formal public hearing, so thank you for speaking —
all of you who spoke. Discussion?
Cole: I just want to commend everyone for the thoughtful tone, the exchange of views.
I think that even when we have conflicts, it was a really thoughtful discussion and
I really appreciated that.
Thomas: Um, I'll just mention a few comments, uh... partly in response to the staff memo.
Uh, and....as a preliminary, I think the concept of the project, again, with the
mixing of single-family and multi -family is ... is a good concept and pointing in the
right direction. Urn ... one of my concerns has to do with what .... you know,
and ... and zoning language is referred to as usable open space. This ... this park has,
or this development has, uh, a very nice woodland, which provides open space,
but it's not what would be considered to be usable open space. And ... and so...with
single-family development, one of the built in advantages of single-family
development is you have usable open space built into that type of use. You got
the backyards and the front yards. Uh, with multi -family we've ... we've been as a
city slow in ... incorporating the idea of usable open space. We've ... we've
developed it for multi -family. Uh, we've incorporated it into the Riverfront
Crossings code, uh, based on a per -square -footage for each bedroom. So
that ... that actually, I think, is a ... an advancement with respect to that, but we don't
have it in our multi -family zones and this being a planned development overlay, it
doesn't really apply in any case. We could have required, I would imagine, op...
usable open space if we wanted ... to do that through this process. But we didn't
and so we have ... in my view kind of a high contrast between the 10 lots which are
of very generous size and then 44 multi -family units, some of which are three
bedroom, without any usable open space around them. So ... I ... I feel that that is
something that, urn ... I would certainly prefer to be in the site plan as a ... an
element, because the highest densities require some usable open space. Uh, the
other issue with respect to the building size, uh, what I would say there is that part
of the building size, in my valuation, is the context for the building. And if ..for
example we look at the ... the two buildings to the south, uh, they're ... the frontage
there is about a three and a half acre open lawn. So there's a setting for those two
buildings, uh, which is in some ways compatible in scale to the size of the
buildings. Um ... another thing to consider would be what's the use of the building
— is it institutional, is it ... you know, is it a religious structure, is it ... is it serving as
a seniors... senior home, what is the use. Uh, I think with a more institutional use,
you would expect the buildings to be larger. With residential, especially in a ... in
an area where the zoning was ... uh, the underlying zoning was RS -8, which is a
medium... medium single-family, you know, the zoning code defines that as a, you
know, a zone where the emphasis is on individual households with some
flexibility in housing type. But the ... if you combine that with the Comprehensive
Plan, then there is a clear suggestion that if you go to larger buildings, the ... the
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idea would be that they would be ... larger but still relatively in scale with the
single-family homes. So I ... I think in that regard there's a .... a concern that I have
in that if someone does read our zoning code and comprehends the plan, um, and
then finds that buildings that seem out of scale with what the language is in the
zoning code and Comprehensive Plan, uh, have concerns about that ... I ... I think
there is some merit to that concern because it ... the scale of this, in a single-family
zone, is ... is certainly, um, something one might question. So ... so those are some
of my concerns. I ... I think, again, the concept's great. Um ... I ... I wish we had
usable open space, especially because there are 44 multi -family units and given
the size of it, I think, you know, with some ... better use of the ... the range of
housing types that would be appropriate in that...um... in that RS -8 zone ... we could
have achieved that ... that unit density.
Taylor: I echo almost everything that John has said. I still have the same concerns that I
had when this was originally brought up and particularly the density of the unit
and its affect on ... on that neighborhood, that once quiet, uh... um, pleasant
neighborhood where one single home used to be and many beautiful trees. I also
do have concerns, the safety issue that's been brought up, uh, with the concern,
um, of the street being brought out onto the narrow Hummingbird Lane, uh, and
the increase in traffic for (mumbled) we're all about traffic calming things.
There's another issue here, where we talk about traffic calming and here we are on
this flip side, uh, increasing traffic, uh, which I have concerns about that and the
safety of the children in the area that aren't used to having these cars, uh, so many
cars coming onto that street. So I would ... I would like to have seen the cul-de-sac
plan remain in the plan.
Throgmorton: I think I want to chime in here a little bit. Uh, earlier in our work session we had
a lengthy discussion about a walkable city. Uh, with due respect to the neighbors,
uh, I ... I would like to observe that this particular development is a block and a
half or two block walk away from where Blackstone's is and all the other aspects
of that particular project. I've forgotten the official name of it — I apologize. And
I think it's ... I think it's pretty unlikely that traffic will ... that drivers will choose to
go ... um, down Hummingbird Lane frequently. I might be wrong, but I think it's
unlikely. I think they'll be more likely to go to Lower West Branch Road. More
...moreover, because, uh... that development up by Blackstone's and whatever
name it ... whatever it's name is, is nearby, it's more likely that people will be able
to walk up there. I do wonder whether there's a ... a sidewalk leading up on that
side of..of Scott Boulevard. Can you just nod ... the answer's yes? Okay, there's a
sidewalk on that side, the east side of Scott Boulevard, so that's a good thing. So,
um, despite all of the ... really skilled points that Greg has brought up, and the
sentiments of the neighbors, which I completely understand, I'm ... I'm gonna
support this particular proposal. I'd like to observe as well that it ... two very good
friends of mine live on ... lived on Hummingbird Lane for years and I went out
there a lot. I attended many parties in the back of their yard and I know the street
reasonably well. I understand why you care about it. I totally get that! But it
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seems to me that this is a good site for redevelopment and. —therefore I will
support it.
Dickens: I'm (clears throat) I kind of follow Jim's train of thought. I, uh, lived about three
blocks from there, I lived on Elgin not too far away. My wife and I would walk in
that area a lot. She wants to keep me alive for some reason (laughter) so she
makes me walk a lot, but it's a beautiful neighborhood. Uh, looking at the plan, I
see most of the traffic going out onto Lower Mus ... or Muscatine, Old Muscatine
Road or ... uh, I don't see Hummingbird being used quite as much. It is narrower
which will keep people from using it, I think, cause it will have that calming
effect. It's much easier to pull out here. It is a great walkable area. Uh... this ... the
sidewalks are wide that go all the way out to the church there and to the ... and
Miller-Frauenholtz Park which we approved for some, uh, upgrades in that area.
But, uh, I think it's the Olde Towne Center is what it's called there and uh...
Throgmorton: Oh, right!
Dickens: (both talking) ...Blackstone's, Short's, uh.... there's all kinds of amenities. There's
the new University building being built there so I just hope that people take
advantage of the walkability and keep your cars ... when you need 'em for a longer
trip, but, uh, I ... the area's a beautiful area and I think this is a very nice use of it,
even with the larger building. It is on Scott Boulevard and uh, it's kind of away
from the neighborhood, so I'll be supporting it.
Cole: And I think John and Pauline bring up some really good concerns, but..I think
what my view of development is is we need to have very clear expectations as to
how we're going to apply our policies, and if we are going to make those changes,
we need to clearly telegraph those, um, so that while I share, um, John and
Pauline's concerns, we need to make policy changes going forward into the future.
I think maybe we need to take a look at that but I think at this stage, I'm not
comfortable doing that and I think that basically what staff and the developer
were trying to do was incorporate a number of different variables. Did they get
all the variables right? I don't know, but I think as a whole, when you're trying to
balance economic growth with density, I think they did a fine job under the
circumstances, so I'm going to su.....continue to support it.
Botchway: I don't need to say anything else. I agree totally ... I don't need to say anything else.
I agree with what Rockne said, um, you know, this is the type of development that
we want. This is an area that is, um, well placed for it. Um, it's unfortunate
because I feel, um, a lot for ... a lot of the neighbors and residents in the area that
have come here and spoke about these particular issues, um .... but, you know,
this ... it's kind of what we talked about, you know, having this, you know,
different types of. ... a variety of different housing, um, in a particular area,
especially since it's close to ... I guess you said the Olde Towne Center (both
talking) You know, and it kind of feeds along the lines, you know, I've been
talking about for a number of years as far as, you know, that kind of walkability
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around some of our other commercial zones and what that means, and um, hoping
to, you know, spruce up those particular commercial zones to, um, be more
attractive for the new residents that are moving into these areas. So .... I'll be
honest with you, I mean, I, you know, I keep looking at this picture
thinking... thinking more about ... I think about John's comments before as far as,
you know, when talking about the, um, the size of the, um ... um, the huge
multi ... um ... family development, but I ... I still just ... I still feel really good about
this development and kind of moving forward and, uh, I appreciated the concerns
that were, um, expressed but I'm ... I'm going to vote in support of.
Dickens: The drainage issues have been ... looked at, or they have been noted then ... (both
talking)
Fruin: With our plan review process, our Engineering staff takes a look at that.
Throgmorton: All right, we have a motion before us. It's a motion to adopt. Roll call. Motion
passes 5-2, uh, Taylor and Thomas in the negative.
Karr: Motion to accept correspondence.
Botchway: So moved.
Dickens: Second.
Throgrnorton: Motion, uh, by Botchway, seconded by Dickens. All in favor say aye. All
opposed. Passes, uh, 7-0. All right, thank you very much for coming and
speaking to this topic.
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ITEM 6. UNIVERCITY SALE, 621 NORTH JOHNSON - AUTHORIZING
CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 621
NORTH JOHNSON STREET
a. PUBLIC HEARING
Throgmorton: (bangs gavel) Open the public hearing. (bangs gavel) Close the public hearing.
b. CONSIDER A RESOLUTION
Botchway: Move resolution.
Dickens: Second.
Throgmorton: Moved by Botchway, seconded by, uh, Dickens. Roll call. (both talking)
Dilkes: (taking roll call)
Throgmorton: Discussion, I'm sorry. Should be a discussion. Discussion?
Cole: Love the UniverCity program! (several talking)
Throgmorton: There you go (several talking) Roll call. Item #7 ... oh, passes 7-0.
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ITEM 8. TRANSPORTATION NETWORK COMPANIES (LIBER) — ORDINANCE
AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE
REGULATIONS," BY ADDING A NEW CHAPTER 3, ENTITLED
"TRANSPORTATION NETWORK COMPANIES". (FIRST
CONSIDERATION)
Mims: Move first consideration.
Botchway: Second.
Throgmorton: Moved by Mims, seconded by Botchway. Uh, would anyone care to address this
topic?
Fruin: Can I, uh, Mayor ... if you wouldn't mind, can I, um, kind of frame this issue and
then, uh, we have staff here that can answer some questions. There's a couple of
things that, uh, that are being presented in your packet. Uh, the first ... and the,
actually the formal item on the agenda, is consideration of the TNC, uh, ordinance
itself. That is the same ordinance that was presented to you at your last meeting.
Uh, at your last meeting you directed staff to provide you some, uh, information
on the taxi regulatory framework, which is separate. It is not included in the
ordinance that is in front of you today, and there's a ... a matrix in your packet that
staff put together and—and Simon can speak to and answer questions about. Um,
so it's important to keep in mind that these two things are separate. Um, our
recommendation is that you, uh... uh, pass the first consideration of the TNC
ordinance and that you provide us any direction on changes to the taxi regulatory
framework, and we can bring those, uh, back to you at your next meeting when
you have second consideration of the TNC ordinance. So with that, urn ... I ... I'll
turn it over to Simon and ... and let him give you a brief overview of the, uh, memo
that's in the packet and we can answer questions and then hear from the ... the
audience. (several talking)
Dilkes: Before... before, I'm sorry, Simon! Before we do that, can we get a friendly
amendment to the motion to add the two items that were discussed at the, um...
work session.
Mims: Yes!
Dilkes: I think Simon gave you the language. (several talking)
Botchway: So just go ahead with the motion or just say friendly amendment to change the...
Dilkes: He's going to read it.
Throgmorton: Just read it.
Botchway: Okay. Friendly amendment to change the reference to Iowa Code (both talking)
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Throgmorton: Speak up ... please!
Botchway: Friendly amendment to change the reference to Iowa Code Section 321.20 to in
all applicable State and federal laws and add all vehicles must be 10 model years
old or newer.
Throgmorton: Yeah, very simple amendments. Pretty technical. All right. So ... go ahead,
Simon!
Andrew: So, um, in ... in the one-page memo in your packet, a brief overview of, uh, the
matrix that Geoff referenced. Um, largely, uh, explaining the difference between,
um, the proposed TNC ordinance and what we currently do, uh, for taxis. Again,
it's important to remember that these are two separate issues as ... as Geoff
referenced. Um, but largely the ... the matrix has to do with, um, driver
background checks, registrations, the differences, uh, in those. Um, what is
required in order for a vehicle to be, uh, be able to be hailed on the street or to
solicit passengers on the street. That's where a lot of the visual cues come from,
uh, in the traditional taxis. Um, and the items in the far right column, uh, are also
bullet pointed in the memo, um, and those are items that we identified at your
direction from the March 1St meeting. uh, in the current taxi ordinance that we
could consider, um, changing, uh, in order to make them more consistent with the
proposed TNC ordinance. Um ... we do have staff on hand to answer questions,
uh, Captain Kelsey's here to speak to any police issues, uh, enforcement of the
current taxi ordinance or, um, how, uh, police view the public safety aspects of
this. Uh, Marian can obviously answer questions on, uh, current taxi registrations
and, uh, driver registrations, and I'd be more than happy to answer any questions
in the, uh, proposed TNC ordinance. Uh, we also do have a representative from
Uber here, uh, Clay, and uh, the ... the traditional taxi companies are also
represented if you have any questions, uh, particular to their business models.
Cole: (mumbled) questions after public comment or (both talking)
Throgmorton: Yeah, why don't we reserve them and hear what ... what the public has to say. So
would ... if anyone would like to address this topic, please step forward.
Carroll: Uh, good afternoon! Uh, my name's Clay Carroll. I'm with Uber Technologies.
Uh, thank you, Mayor, City Council Members and staff for giving the time to
speak before you tonight. Uh, my name is Clay Carol. I'm a Senior Operations
Manager for Iowa Tech, uh, for Uber Technologies, uh, in the state of Iowa,
including Iowa City. Uh, I'm here before you today to express our support for the
ordinance that we worked hard with, uh, Mr. Andrews and the rest of staff to
prepare over the last several months. Um ... if passed in its current form, this
ordinance allows to operate in Iowa City something we're actually really excited
to do! Uh, we're excited to be able to operate within Iowa City to one, provide
safe, reliable, low-cost rides to the Iowa City residents, um, to be able to create
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economic opportunities for the hundreds if not thousands of driver partners in
Iowa City, and the Iowa City area that we'd be able to bring on the system, uh
(mumbled) similar to the ones you see in blue shirts in the audience today that are
actually coming in from Cedar Rapids to show their support. Um, as well as to,
um ... uh, help Iowa City potentially help reduce DUIs, traffic congestion, parking
congestion, and etc. Um, the ordinance before you today is an ordinance that
numerous cities across the U.S. have adopted in near identical fashion, uh, and is
a compilation of best practices from what we've seen be successful and safe in the
cities we operate in, uh, we currently operate in today. Uh, to address the
concerns raised during the working session regarding (mumbled), um ... Simon
actually spoke to it, or uh, Mr. Andrews actually spoke to it very nicely. Um, our
major concern there is with, uh, safety. Um, the sheer fact that there is
(mumbled) in the actual window does not actually ensure that either the partner is
authorized to use the system, uh, or the person in the vehicle is actually authorized
to use the system, or is even ... is even on an Uber trip in that, uh, at that instance in
time. Um, for example, if we deactivate a partner, uh, for whatever reason, um,
and we can't get that (mumbled) back, they could potentially go out and try to use
that to, uh, lure unsuspecting riders who may not understand the Uber platform,
um, and that the ... that the ... they're supposed to go to the app for the information,
uh, for their rider, or their driver, um ... uh.... they may try to lure people that are
unsuspecting, do not know that, um, but then just .... but see Uber in the window
and think it's just a legitimate, uh, trip and then jump in the car and go, um, which
is obviously an unsafe situation. Um .... furthermore, um .... uh, it could be a
partner driver who, again these are, you know, a lot of our partners are part-time,
uh, drivers. They, uh, they have other full-time jobs or they, you know, uh, bring
their kids back from soccer games. They could be on a ... they could be literally
off the system, uh, but still have the trade dress in their car, um, and not..not
actually on a trip at the time of an instant, uh, like we were talking earlier, like if
there was an accident and the police needed to know if it was an Uber trip or not.
It's not necessarily definitive, um .... uh, so again, um ... it's more of a safety issue
for us than it is, uh, anything else. Um, again, thank you for your time tonight. If
I can be of any help answering questions or clarifying, I'm av... here and available,
so...
Throgmorton: Good deal! Thank you, Clay.
Neades: Good evening! Rebecca Neades with the Iowa City Area Chamber of Commerce
and we're here, or I'm here, to support the, um, transportation network companies,
such as Uber. As you know, we're in a sharing economy and um, businesses like
Uber, Lyft, or Airbnb are out there, and it's what people are using now, and I
think it's time that we either jump on board or get left behind. Companies such as
Uber have apps that allow you to rate both the driver and how they did with your
trip, and also for the driver to rate you. So it builds a level of trust that you don't
necessarily have with other transportation options. Um, and we think that's a
good thing! Economics... um, if Uber comes into this market, they are going to
bring a more competitive vi ... environment. Of course that will drive down some
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of the prices, um, with ... you know, tens or hundreds or thousands, however many
drivers are out there. Certainly that gives us a lot more options when we're
looking to catch a ride to or from. Um, and certainly that's a good thing. Um...
provision of jobs, um, companies such as this really do provide options, um, for
people entering the workforce that may not have other, um .... the ability or the,
um .... uh, the skills necessarily to enter other professions, and so this really offers
a ... a low entry, um .... barrier for those looking to, um, provide ... or to find jobs,
and finally and I think the key I really want to make sure I drive home is that...
number one challenge for this area is talent acqu... talent acquisition. Really we
are always trying to bring, um, the best and brightest here and keep them here,
and... companies such as Uber or Lyft or ... or others that might enter this market
are an expectation now. So if you really want people to, um, look at this market
seriously, it's not the one thing that'll keep them away, but it's ... it's one of the
things that they'll notice if they come to the market and don't see this available.
So ... thank you for your time and hope you ... consider this option (both talking)
Throgmorton: Thank you, Rebecca.
Mazgaj: Hello! Thank you for your time today. My name is Dustin Mazgaj. I'm a driver
at Yellow Cab and a student at the University of Iowa. Um, I think the current
legislation favors Uber at the expense of cab companies. I think this because cab
companies are required to have a chauffeur's license. They're required to have a
vehicle inspection and background checks by the Iowa City Police Department. I
think it's really important that these two companies, the cab companies and the
Uber, are on the same level playing field, and I think that they should be de-
regulated. It ... that the cab companies should be deregulated if...uh, necessary. I
also think that deregulation may be unsafe because there's a reason why a lot ... a
lot of the rules are in place and they do do a lot of great things. Um, I'd like to
point out the chauffeur's license cost, uh, the driver money. Uh, the vehicle
inspection, there's a registration fee that Yellow Cab or a cab company has to pay,
and the background check the driver also has to pay for as well. Now besides the
money you have to pay for these things, there's also the time. The time that I
spend getting a chauffeur's license or getting background check, I could be taking
drives. I could be making money. The time that the companies have to spend for
the vehicle inspections they could be performing managerial duties or other things
that are their business. And I'd also like to point out that, um, Yellow Cab has an
app that is almost identical to Uber. It is identical in that there's an account that
you set up. You register your credit card. You put in a pick up location and a
drop off location, um, you have a GPS that shows where your cab is at, similar to
Uber, so you know like exactly where your cab is and how long before it gets to
you. Um, there's no dispatcher involved when you use the app and currently
Cedar Rapids is having some problems with the ... the same issue where there's one
rule for Uber and one rule for the taxi cabs. Uh, thank you for your time tonight.
Throgmorton: Thank you, Dustin.
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Laskowski: Good evening, my name's Joe Laskowski. I'm a driver for Marco's Taxi Cab.
Thanks for allowing me to address the Council. My concern is this, uh, agenda
Item 8, the transportation network company ordinance creating a new chapter to
regulate the TNCs. Kind of late to the game in reviewing this, but I have
discovered many unsettling issues. First being the corporate stacking that Uber
and its subsidiaries engage in, to distance Uber from the driver. Um, there's a
company ... it's called Riser I believe that pays the drivers (mumbled) they don't
even have direct contact with the drivers. It's just a shiny package that we all
want to be part of, uh, we don't want to be left behind. Um ... driver from Yellow
brought up all the, uh, things that the... drivers and the taxi companies have to do.
In three different cities we have to be vetted and, uh, cause we work in Iowa City,
we work in Cedar Rapids, and we work in Coralville. So our background checks,
our driving records all have to be vetted by these three different cities ... to work
fairly, and our vehicles get inspected by Iowa City and by Cedar Rapids. Uh, and
we have to pay to pick up at the Airport. You know, we ... you're not allowed to
pick up at the Airport unless you're approved by the Airport, and there's rules at
the Cedar Rapids' Airport as well. Uh, our insur... insurance companies and banks
also have concerns with TNCs. Under the current situation, drivers don't have
sufficient insur... insurance in between calls. They only have the commercial
insurance when they have a passenger in the vehicle. Um, this concerns banks
holding possibly the loans for vehicles because if there's an accident, they're not
covered. They're unprotected. Uh, TNCs have the potential to upend a local
industry that we've all worked really hard to develop these rules and regulations,
to protect drivers, and passengers. You know, these don't just protect passengers.
(mumbled) safety concern for a drivers. Uh, a dispatcher helps, you know.. judge
a passenger, and it, uh, keeps an eye on drivers. You know, a driver might be
diabetic, might have a problem, low blood sugar. Dispatcher can say, hey, take a
break; go eat a sandwich. Um, these guys are working without a dispatcher, um,
without any sort of local oversight, you know, keeping track of 'em. They just
have their ... their app, you know, strangers are getting in stranger's cars and we
think that this is a great idea. Let's ... invite 'em to town! I just say let's not
become another city that's seduced by this, and ... and, you know, become
embroiled in lawsuits, um ... put, you know, this alleged market demand ahead of
regulations. Instead, you know, maybe we can streamline our existing
regulations, provide better technology for the existing companies, and make sure
that we provide, you know, safe customer service. Thank you!
Throgmorton: Thank you, Joe!
Bradley: Hello, I'm Roger Bradley, Manager of Yellow Cab of Iowa City. I just want to,
uh, point out a couple of things, uh, that were brought up at the work session. Uh,
concerning decals or trade dress provisions. Um, I understand that either the idea
is well they ... if you give these to ... if drivers have these and then the driver is
dismissed from their duties from a ... a TNC, um ... well, maybe they'll still use this
and, you know, fraudulently and that sort of thing. Well the problem that I have
with that is the entire rationale and basis for ... uh, why ... TNCs would be exempt
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from police department screening and vehicle inspections and that sort of thing is
that you have this app that tells you exactly which car, exactly which driver is
coming to get you. So if that's the rationale for getting rid of these, you know...
rules that are in place, and in place for good reason, then why doesn't that, you
know .... you know, why isn't that a security blanket against, you know, the decal
thing. So, you know, if the decals .... if the ... you know, if they're worried about
that then why ... you know, why can't we worry about, well ... you know, the ... you
know, the app doesn't do its job in the security, you know, of...of background
checks and that sort of thing. Um, it was suggested also that perhaps if...if you
tacked on any sort of amendments to the TNC ordinance, that perhaps, uh,
companies such as Uber might not come to Iowa City. Urn ... you know, certainly
we're not against competition or anything like that, but uh... you know, the ... the
problem with that is ... well .... you know, if...if...if it's important for them to come
here, they're going to come here. You know, if you ....if you make them put a
decal on the window, they still really want to come here, they will. Um, these
things are not impossible to do. There's eight existing taxi cab companies in this
city that ... can manage to comply with these rules as they are. Um ... I ... again wish
to just remind the Council that, uh, as of last year, um, companies such as Uber
are already legal. They can start up here any time they want. There's a set of
rules in place. Um, I would ask you that ... you step lightly into this because, you
know, we're worried about if you pass a TNC ordinance and decide well then
we're gonna go back and do a taxi cab ordinance, we're worried about the time
gap in between, because ... you know, the idea might be to start on it right away
and get that done, but you know, something even as much as the six-month delay
in that would certainly harm a local business. And we're very concerned about
that. Uh, I do agree with the other speakers about items like chauffeur licenses,
um, you know, they are burdens to our drivers. Urn ... I ... I can't see that ... why if it's
necessary for our driver it wouldn't be necessary for any other driver doing the
same type of business. Um ... so if anybody...if you have any questions. Thank
you.
Dilkes: I just want to comment (both talking)
Throgmorton: Thank you, Roger.
Dilkes: ...on the chauffeur license issue. Um, our ordinance is not going to require the
chauffeur license but ... under state law I think they're required to have a
chauffeur's license.
Mims: So you're saying both for the TNC and for...
Dilkes: I think the definition of chauffeur's license, at least certainly to me on its face,
would apply to a...an Uber driver.
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Throgmorton: Roger, did you hear that? I don't know if you did. (unable to hear response from
audience) If...if you're gonna speak you gotta come back up. I just wanted to
make sure you heard what Eleanor said. (unable to hear response from audience)
Bradley: I did ... I did hear, the question being, uh, is a chauffeur license required by the
State, uh, for taxi cab drivers. I am not aware of that if they are.
Dilkes: Well, if you just look at the definition of chauffeur's license, um, and I've had
conversation with the Ames' City Attorney about this. It's her position that... a:
well, um, that you have to have the license that authorizes you to drive the
vehicle, um, it's a Class D license and so if a driver was stopped and they were
operating as an Uber driver at the time, in my opinion they're required to have a
chauffeur's license under the State code. Failure to do so would be a simple
misdemeanor.
Bradley: Would the City get around that by ... cause in the ... in the proposed ordinance, uh,
you ... the ordinance states that, uh, TNC vehicles or drivers wouldn't be ... they're
not considered a for -hire vehicles. I mean is that a way to get around that State...
requirement?
Dilkes: I ... I don't think the City law can trump State code on that issue.
Bradley: Okay. I was speaking simply because I didn't read that requirement in the TNC
ordinance, but if it is a State...
Dilkes: Yeah, it's not ... I ... I wanted to ... it's not in the TNC ordinance. I don't know what
Uber's position on that is, or if they have one, but ... in my reading of the State
code, it looks to me like they'd be required to have a chauffeur's license.
Cole: I guess that would be helpful for us to know, if the Uber representative could
come up.
Carroll: Yeah, I can't speak specifically to the State law requirement, but, um ... uh, L..I rn
not sure exactly what the actual, um ... uh... code is sa... is saying, but, um, if it is in
relation to, uh, commercial drivers requiring a chauffeur's license then, uh, that is
not currently something that we are, you know, that we fall underneath.
Throgmorton: Just for, uh, clarification in our transcript, this is Clay Carol speaking again ... from
Uber. Thank you, Clay.
Carroll: Thank you. (unable to hear person from audience)
Todd: My name's Gary Todd and I'm a resident of Iowa City, and I've been driving for
Uber, uh, for three months, uh, traveling to Cedar Rapids, uh, many times a week.
Uh, prior to driving for Uber, I was retired CEO from my own business and I have
thoroughly enjoyed my experience in interacting with the people of Cedar Rapids.
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I would look forward to the chance to do the same for the citizens of Iowa City.
Uh, to date I've had so much ... over a thousand trips since December 21 st. I've had
absolutely not one unpleasant incident. Everybody has been ... uh... very congenial,
some more than others, but it's been a very pleasant experience and I certainly
hope that you all listen closely to the benefits that Uber has to offer to our
community.
Throgmorton: Thank you, Gary.
Beese: Hello, my name is William Beese. I'm also a driver in Cedar Rapids. Been
driving for 19 days. And this is ... Uber has actually changed my life in so many
different aspects. Uh, I'm a ... Army veteran and I dealt with several problems and
for some reason Uber has given me something to look forward to every day. I get
to connect with my community and this is a part-time job for me but ... it gives me
something to look forward to, and I get to connect with everybody that sits in my
car. And ... I am sober for 19 days. I haven't had a drop of alcohol since I started
driving for Uber because at any given time, I can get in my car and make money,
and also get anyone where they want to go, whether it's because they're at a bar or
they're at a party or simply because they don't have a car or the means to drive.
Uber is fantastic. There's been several times where I pick up passengers in Cedar
Rapids or Marion or the surrounding areas that I'm allowed to, and they want to
come down to Iowa City because Iowa City is fantastic. We have Carver
Hawkeye. What about in the fall when we have football season. We can drop
people off wherever they want to go, and they don't have to worry about parking
or driving in that congestion. And so once ... once I drop our passengers off down
in Iowa City, I mean I can stay down in the city and do things on my personal
time and turn my Uber off. But if we had I ... Iowa City on board ... I would be able
to help other people from that trip, and then also Uber back to Cedar Rapids. So
it would make my trip even more worth it, and I would make more money and
help more people out. So I'm excited to see Iowa City on board with Uber, and I
hope you guys are too.
Throgmorton: Thank you, William!
Schamberger: Good evening, Council. Josh Schamberger, President of the Iowa City/Coralville
Area Convention and Visitors Bureau. I'm certainly not going to be able to speak
to all of the ... uh, ordinance language as it relates to taxi cabs or TNCs. I'm not an
expert there. Uh, I just wanted you to know that I'm available for any questions.
I visited with many of you about this already. Um, as far as visitors coming to
this community without question — whether you're here for a conference or an
amateur sporting event — we just had the Big Tens. We're about to have Olympic
trials here in a couple weeks, NCAA wrestling next week, and .... or gymnastics —
without question the number one, uh.... complaint or question we get is why does
this community not have Uber. Uh, as I've mentioned to many of you, this
sharing economy, as Rebecca mentioned, is here to stay. Things like Uber and
Airbnb are expected in many ways by visitors, whether you're here for
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conferences, uh, or amateur sporting events and as we move forward in
community and economic development. Um ... this is a ... a very easy, uh,
application for many of you who haven't used it. I use it quite frequently when I
travel, and uh, it's... it's... it's a very easy process and service, and again, something
that's becoming expected. So ... I'll be happy to answer any questions later or at
any time. You all know how to get a hold of me. Thank you.
Throgmorton: Thank you, Josh.
Kading: Hi there, Council. My name is Nate Kading with the Iowa City Downtown
District. Uh, I'd like to make one specific point as it pertains to downtown and
just sort of one general point about this issue tonight. We, uh, the downtown
community represent over 300 -plus small, medium, and large businesses within
downtown. Um, unanimously we are in support of, uh, this ordinance that's
before you tonight. Um, I've been on the job a little over a year, charged with the
responsibility of improving, uh, the business and economic climate within
downtown. I've heard one unanimous complaint about downtown and one
unanimous request. The ... the complaint is the, uh, inadequacy of access and
parking downtown. I know you all hear similar complaints and the number one
request, uh, reiterating what Josh said, is the request for Uber. And as you all
know also, there's a lot of opinions within downtown as someone who's out in the
community quite a bit hearing about what businesses people want to see
(mumbled) it was a bit surprising to me that the thing that I get week in and wee
out ... week out is how come we don't have ... have Uber, how come we don't ... don't
get it, and I guess back to the, uh, general point, in defense of the taxi cabs and the
taxi cab drivers, um ... I think what you have before you tonight in this ordinance is
a free-market solution to a free-market problem. I think we have a unique
situation here in our small to medium-sized college town community. Um,
Roger, who's a small business owner like I am myself, you don't want to have
fixed costs and have 60 cars just to meet a peak demand on 40, 50, 60 days out of
the year. There's peaks and troughs here unique to this college market that our
taxi cab drivers and our companies can't meet because it's not smart business. So
what Uber does is it...it creates the ability to fill in the gaps and, uh, I hear from,
like I said, from numerous people, whether it's a busy night downtown — they
want to come to and from. It's people that live downtown, work downtown,
employees at restaurants and bars and they can't hail a cab because they're busy.
They're out working. Uh, and this .... and this service will ... will provide that gap
that's necessary for our community, and just like Josh said, I think it's an
important piece for us as we move forward and look to progress and uh, and
encourage all of you to vote yes tonight on this ordinance. Thank you.
Throgmorton: Thank you, Nate.
Simpson: Hi, Jacob Simpson from the University of Iowa Student Government. Um, at the
last meeting I think you heard some testimony from some students (clears throat)
and it was quite compelling about safety concerns and uh, I just wanted to remind
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you that, um, Nicki and I, um, represent a constituency of about 23,000
undergraduate students and um, so far we've only heard overwhelming, uh,
support for Uber and we just hope you, uh, keep that in mind moving forward.
Throgmorton: Thank you, Jake.
Stoddard: I'm Dave Stoddard. I'm actually an owner of Yellow Cab of Iowa City. The
biggest thing with this whole thing is Uber's already authorized to do business in
this city. Uber chooses not to do business in this city. The only thing that's
holdin' them up, the only two requirements Uber has to make is register their
vehicles or have their vehicles inspected and register their drivers. All of which
all of us cab companies have to do. I don't think that's too much to ask really.
You know, we have to do it, why not them? Um ... Clay says that currently their
drivers don't even have to have a chauffeur's license. You know, if you're gonna
add something to Uber's, or the TNC ordinance, let's add that in. It's required of
us. Why isn't it required of Uber? All we're askin' for is a level playing field.
Nate Kading mentioned free market. Free market, take the regulations off us! I
can put more cars on the streets if I don't have to paint every car. I don't have to
sticker every car. I don't have to bubble every car. I don't have to run it down to
the City's maintenance department, have it inspected. I'm regulated by three cities
and an airport. Every one of my cars goes through the Iowa City's inspection,
Cedar Rapid's inspection, and gets approved by the Airport. You want free
market, take that off me. We can provide more cars. All I'm askin' for is a level
playing field. Thank you.
Throgmorton: Thank you, Dave. Anybody else?
Doderer: Hello, everybody! Uh, my name is, uh, Dennis Doderer. Cab Dennis what I'm
known ... I'm gonna put my hat on because I learned that lesson from Donald
Trump. It's called 'branding.' Uh (laughter) and uh.... I'm gonna speak without
any, uh, aids. Learned that from Donald Trump too, but I'm not a Donald Trump
fan! (laughter) Uh... I am not an Uber fan. Uh... Uber brags about being
disruptive. I've been through so many disruptive things since I started my little
business in 2010. My motto is rescuing friendly drunks since 2010. Oh, by the
way, the reason I'm wearin' my hat is cause if I get disrupted and put out of
business, I'm gonna become a Donald Trump impersonator (laughter) That's
about the only thing I see. I'm 67 -years -old. I'm a former screenwriter and movie
producer, and I was put out of business by Travis Kalanick in California who
started ripping off, uh, people who owned intellectual properties and he was sued,
and he did the all-American thing. He repositioned himself and he declared
bankruptcy. Another thing he learned from Donald Trump. And I think Uber is a
scam to get out of liability. Now you gotta ask yourself why a company that's
worth anywhere from ... they don't even know how much they're worth, uh... $40
billion? $60 billion? Why they keep shielding themselves from liability when
one of their drivers murders 40 people in Kalamazoo, Michigan. I'm a graduate
of Michigan State in labor and industrial relations. I've studied all this. This kind
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of disruption was the kind of stuff that the robber barons did ... and I am kind of
aggrieved and aghast that the Iowa City Council, which represents a progressive
city, one of the most progressive cities in the country, and has had a progressive
movement would bring in a regressive company like Uber. Now, there... they're
welcome to come and they could have come, but they should have a level playing
field. They should be doing the same things. Why don't they have to pay a
thousand dollars to repaint their perfectly good car and destroy the market value
of it? I ... I'm willing to debate you, Clay, and I would do it without any notes. I'll
take you on one-on-one, man-to-man. Are you willing to do that? No, you're not
willing (both talking)
Throgmorton: Dennis (both talking) Dennis, would you address us? (both talking)
Doderer: Okay, can you get me a debate with the President of your company, with the
CEO? Travis. I have issues and ... I think I'm to be a very articulate spokesman
for that. In my smartphone, I have 4,500 regular customers. Mr. Kading, I drove
all three Iowa kickers this year. I don't know why (mumbled, speaking toward
audience) I drive a bunch of your bartenders. I am a boutique cab driver. I drive
for a company. I follow all the laws and I predicted two years ago this last round
of regulations, which you're trying to undo now, I predicted that it would put
some people, a bunch of people, out of business. Five cab companies went out of
business in the last year, and now you're going to try to undo those things, but
bring in Uber at the same time. I'm dying. I have kidney disease and I was
supposed to be on dialysis nine years ago, and I don't have much more time, but I
want to live it out with dignity. Now I want to show you something. See what
this is right here, folks? That's vomit from one of my customers. A customer I
happen to like. But when ... when that happens in my car, the Iowa City Police are
absolutely no help to me at all! Why don't you have a regulation that says if
somebody vomits in your car they have to pay for the damage, but no, the Police
always say, 'No, that's a civil matter!' There again, lawsuit. I can't ... I can't afford
lawsuits! Can't afford small claims court. So I, uh... I am ... I'm very, uh, troubled
by this, because I've developed a personal relationship with a lot of my people.
Um ... there again, football players. I drive 19 out of the starting 22, uh, guys on
the Hawkeye team, most of the Iowa wrestlers, most of the football players. I
drive Greeks, geeks, and freaks and I run what I call the world's smallest social
network, and we all get along, and ... there is really not a model that allows me to
do this and to charge more. People tell me that my cab rides are more interesting
than any of their classes that they take. I tell people I guarantee an interesting ride
or your money back. Nobody's ever asked for their money back in 'cab Dennis.'
So ... allow me the same... dispensations on the law that Uber with their $40 billion
is trying to kick around, you know. Too much of the American economy now is
being turned over to these huge companies who come in. All they want is
dispensations, dispensations. Um ... I'm a local guy. My dad used to be Mayor. I
see he's no longer on the wall (laughs) (both talking)
Throgmorton: (mumbled)
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Doderer: What?
Throgmorton: He'll be back!
Doderer: Good! (several talking)
Throgmorton: Dennis, you've already taken about five and a half minutes.
Doderer: Thank you! (mumbled) Republican debate I'd get six! (laughter) Thank you
very much, folks, and I hope you defer this or vote against it. Thank you.
Throgmorton: Thank you. I wish you the best. Okay, anybody else want to address this topic?
Luboroff: First I actually have a question. A co-worker of mine who went on vacation
wanted to submit this to the Council but I'm not sure if this is the appropriate time
to (both talking)
Karr: We can... certainly.
Luboroff- Thank you. Honorable Mayor, thank Council, thank you for your time tonight.
My name is Helene Luboroff. I've driven a cab in Iowa City for 16 years and
currently drive for Marco's Taxi. Uh, simply want to say that I'm glad that my
counterparts at Uber are enjoying playing cabbie. Um, it is a very enjoyable job.
It's wonderful to work with people. I still have to come back to the idea of safety
and regulation, and I'm sorry, Dave, I'm going to disagree. I'm very pro -
regulation and if anything I think we need more. I think we need better vehicle
inspections. I think Uber vehicles need to be inspected as well. I do not find
having to have a chauffeur's license to be onerous. Uh, I think it's wise, as a
matter of fact. I don't think it's a good idea to set a low bar for people in this
industry because we are representing Iowa City and Coralville to newcomers. I
think you... you want to have high caliber drivers. You want to have
knowledgeable drivers. You want to have well-spoken drivers. I look at New
York City and London, which are two major cities where they really know how to
cab, and what do they have? They've got regulations and ordinances. Those cabs
have to be in tip-top shape. London drivers are tested on their knowledge. I don't
see anything wrong with that! If anything I don't think lowering the bar is going
to help our community. I think we need to bring the TNCs under some kind of
regulation that is ... is equal to what the cabs undergo, and if anything, I think we
need a T&LC here, a taxi and limousine commission. I think we need to stop
relying on the City staff, who have done a wonderful job, and the City Council
and the Police department, but I think it's time to look at having a, um ... an
organization, a body, in place in our government who's actually dealing with this
in our community. This is a growing community. This is a growing issue, and
would nice .... be nice to see a ... an actual commission handling this. Um ... thank
you for your time!
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Throgmorton: Thank you, Helene. Anyone else?
Hustad: I'm Carol Hustad. I drive for Uber. Have since, uh, September. I enjoy it and so
on, and as far as everybody's talking about regulations, I'm gonna stick up for
Uber. They require us .... they do background checks. They require us to send
pictures of ourselves, of our vehicles. They require us to have clean vehicles and
so on and so forth. I drive in Cedar Rapids and my thing is when I get people in,
they'll say this is really neat because the cab, they don't either pay attention, they
don't show up, they ... when they are called and that ... and so on, and also they'll say
you have such a clean car and lots of times they say the cabs aren't clean and the
drivers, they have questions about and so on and so forth. And I'm ... and Uber
does background checks on us and so forth. On the other helm, I love Uber
because I'm 72. I'm retired and my husband and I like to go and do various things
from time to time, so I don't have to have a set schedule. I can go on when I want
to, when my schedule says I want to and so on and so forth. It provides good jobs
for ... or part-time jobs for people. Same like down here. It would provide for the
University people a job and earn their money. We have people that come up and
they, uh, earn money to pay for their education down here and so on. I have trips
all the time to Iowa City cause I live near the Airport, so I'm going in and getting
them and they say it's too bad they don't have Uber down here be .... and so on.
And like we have people from all over the country that come in and they'll say I
can't believe Iowa City doesn't have Uber. And ... and so forth, so anyway, we
need to get more progressive and at 72 I didn't think I'd be doing this, but I really
enjoy it and I think it's fun. I end up having great people and like they say, I
have ... the fellow mentioned about people. I have people that I ... use me all the
time because they know, you know, they just come in and different ones getting
off work or whatever and also it helps, I think, put down on the, um ... in other
words all the drunk driving, uh, they... couples, they go out at night, they call
Uber, they have a few drinks and so on, then they go back home, and that way
they don't have to worry about if they're going to get picked up. I don't know how
many times when I drive at night I see police pulled over drunk drivers and I
think, 'Wish they'd used Uber,' because...and then a lot of 'em apologize using
Uber because they say, 'Well I could drive,' and I said, 'Oh but you're more smart
not to do that because it's going to cost you ... it could cost you in the end.' So
therefore I think Uber is the up and coming thing. Bigger cities have it and so on,
so why not Iowa City?
Throgmorton: Thank you, Carol. Anyone else?
Wyrick: I'm Alexander Wyrick. I'm a student at the University of Iowa. Um, honestly I
did not plan on getting up and saying anything today (laughs) Um, but I can only
speak towards my own experience with, um, the Iowa City cab companies and,
um, I'm a student who does ... I work, um, as well, and I've been in situations
where I have no problem finding a cab on a Saturday afternoon when there's a
football game. Um, but when I wake up and I need a ride to work, I can't ... I've
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had to call three or four different cab companies, um, so I know that's just my
personal experience and, um, I don't know how ... you know, I haven't had any
issues lately, I guess, but, urn ... I mean, I think in terms of Uber and ... and what I've
experienced with that app as well, a lot of, uh, students at the University are more
familiar with that system and they know how it works and they're more
comfortable doing it. Um, so that's all I really have to say (mumbled)
Throgmorton: Thanks, Alexander (both talking)
Karr: Mr. Mayor, if we could encourage people to sign in so that we can (both talking)
Throgmorton: Oh, they're not? Oh ... yeah, please do sign in! Sorry, Marian, I thought everyone
was.
Gadaev: Good evening, my name's Melody Gadaev. I live in Cedar Rapids. Um ... I found
out about Uber kind of...roundabout. I was new to the area and needed to learn
how to get around the city. So I took the job with Uber. I have now been with
them almost a year. I have over 1,100, uh, trips, over 700 of those have been five-
star rated, which means the rider had to rate me that I did a well enough job.
And ... I have found that ... I haven't had any problems with anybody. I've had more
pleasant people that I would like to know, and I pick up a lot of people at the
Airport and brought'em to Iowa City. And a lot of these people are working at,
um, staying in hotels and working at the hospitals. Or they're... coming in for the
games or they're coming in to see their kids or, you know, and they're going, well
how am I gonna get back to the Airport? I'm sorry, you'll have to call a cab. And
they've already been here before, and nothing against the cab companies. I don't
know them in Iowa City, but I know in Cedar Rapids you have to wait.
Sometimes up to three hours for a cab at 2:00 in the morning. That means it's
5:00 A.M. when you're gonna get your cab. Uber ... you're anywhere from a span
of five minutes, maybe 20 minutes at the max ... I think I've ever seen. They know
when we're comin'! They know exactly where we are. They can see us on a
screen. They can see us through any technology. Cab companies aren't using that
technology. That's not our fault! We're using the best technology they came up
with so that we can make a better service for anybody that wants a ride. So I
thank you for your time and I hope you really pay attention to what these people
are telling you.
Throgmorton: Thank you, Melanie.
Bell: Hello, Council, my name is Caleb Bell. I'm a student here at the University of
Iowa and um, I'm here in support of Uber today. I've had the opportunity to use
Uber in, um, some of the other cities that have it, including the Quad Cities, Ames
where I'm from, um, as well as Chicago and Washington, D.C. and it is a
phenomenal service. It's a service that I believe is unparalleled right now. Um,
I've used the cab service here many times. Um, and what I found is that Uber
offers a quality of service that I think is unique in the industry. Um, and then, uh,
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also the cost. Um ... sometimes it's half the cost that I'll find when I compare it to
the, um, the quote on the fare for a cab in the same ... the same route, the same city.
Um, and so that's a unique aspect, especially when you consider students who are,
um, have certain financial restrictions, um, cause they either can't work or they're
working part-time and can't make the kind of money they need if they have to use
cabs regularly, um, to fulfill that cost. And so another thing to consider too is,
um, students almost unanimously back Uber coming into the Iowa City area. I
know the University of Iowa Student Government unanimously passed, um,
support for Uber ent... entering Iowa City, and we're one of the few cities
remaining in Iowa, um, one of the few bigger cities in the state that doesn't have
Uber, and I know it's been a huge success in Ames. Um, they don't have as many
drivers as some of the other cities in the area, but many people have enjoyed the
service they provide there. And I think it'd be unique in our community where we
see a lot of more nightlife activity, um, we could see reductions in drunk driving,
public intoxication, things like that, that I think would help improve our
community and then also the economic benefits of this, by having more people
go, moving around Iowa City, um, between Cedar Rapids, Iowa City and around
the corridor, um, as a ... as the people from the Visitors Bureau had suggested.
Um, this is a big question that a lot of people I have come to me that are visiting
our great city, uh, have is, um, how do I get connected with Uber in Iowa City,
and unfortunately I have to tell them that we don't have that available here, and so
I think the, uh, the TNC regulations that are being proposed are good. They'll
allow us to enter an industry in our community that isn't yet here that is very
popular everywhere it's been so far. Um, again ... I would highly suggest that we
listen to the people from Uber who have come today. I think it offers something
that is unique, that is going to really help our community thrive, and I just want to
thank you for letting me speak today.
Throgmorton: Thank you, Caleb. I think almost everybody in the room has spoken (laughter and
several talking) but somebody... could be that somebody wants to speak. Come
on! (laughter) You're just in time!
Cole: Perfect timing!
Berkowitz: Holly Berkowitz, Iowa City, 40 Gallup Place. Um ... I discovered that our human
cash system... mostly counts just rates of cash, and ... it limits our counts to raise
our cash but it doesn't really help us see the outcomes of our actions. So ... often
our economy limits our actions to the immediate and private and obvious worlds.
But we need more vision to see what the potentials are for the public and for the
long-term, and for our children, and so it's important to ... to think about ... our
transportation structure and our networks and how it's going to grow through
time, and how people are going to get from place to place in how much time and
how easily, because that's part of the economic, um, stimulus also. You know,
our ... our economy doesn't really count some of the critical flows that we need to
function as human beings. So, this I see as a ... a huge boost to the ability of our
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city to function more positively and active and be more synergistic, and um ... so
thank you.
Throgmorton: Thanks, Holly. It's nice to see you again.
Berkowitz: Yeah, thank you.
Throgmorton: I think I count three people, four maybe, who have not yet spoken. You don't
have to if you don't want to! (laughter) But it's your turn, if you want to speak!
(several talking)
Anul: Hello, my name is (mumbled)
Throgmorton: Sorry, could you say that again?
Anul: My name is Osman Anul. I drive ... I have been driving for Uber like, uh, seven or
eight months. I never seen any problem with my rider and ... all I have like
(mumbled) with my rider, and most question I never can answer why don't ... like
why (mumbled) have Uber in Iowa City. That's why I'm here today. (mumbled)
uh, answer to my ... rider. Thank you.
Throgmorton: Thank you. All right. We did not have a formal public hearing but I think we've
heard from every... everybody who wants to speak. We have a motion on the
floor, do we not? Yes. So, discussion?
Botchway: Point of clarification. It was brought up by the gentleman over there that the
market, or excuse me, Yellow Cab Taxis has an app. Would they not fall under
the TNC ordinance currently constructed?
Andrew: They could under the proposed ordinance apply as a TNC, essentially have a
separate business that follows a separate business model, as long as they follow
all the, um, requirements for communicating driver and vehicle information, all
that stuff through the app and meet everything else in the proposed ordinance they
could.
Botchway: So they have not applied?
Andrew: No.
Karr: They have not applied.
Botchway: Okay, I just wanted to make .... point of clarification (mumbled) I guess I'll start
first then if anybody doesn't mind. Um ... I ... I love this city. Um, it is, uh, it is an
amazing city that I think when we talk about (mumbled) many different ways,
fashion, forms, definitions, um, at times I'm a little, uh, taken aback of how
many ... how we can use one word and just ... say it in so many different ways and
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mean so many different things. I say that to say, you know, this is one of the
situations where, um, Uber has been ... is everywhere. I mean, literally
everywhere, and you know, when we talk about, um, you know, at times waiting
to see what other cities are doing, I appreciate that because I don't want to be the
experimental city sometimes, and I think Tom has even mentioned this as we've
talked about, um, you know, the trash and those things that we talked about from
a progressive standpoint as well. Um ... I worry that we're just, you know, we're
kinda kicking the can down the road a little bit. Um, I will say that I see this
situation as somewhat mutually....not mutual ... I see this situation somewhat
mutually exclusive from the standpoint of I hear the concerns of taxi cab
companies and I'm very sympathetic to them and I do think that we can address
that in the same way that I think Geoff talked about, um, during second
consideration if we choose to do so as a Council as we ... after we deliberate. I ... I
guess I come back to a couple different points, and I'll be quick cause I have a lot
of long points here. You know, I think, uh, Josh Schamberg had shared some
information with most of the Council and talked about Airbnb, um, being
something that from a hotel/motel tax standpoint doesn't necessarily fall into the
lines of...hope you didn't mind me calling you out, Josh, but ... Airbnb being
something that doesn't necessarily fall into the lines of something that's regulated
in any particular way, and if we were interested in voting down Uber, I would
then ask the question if we are going to make that particular thought or feeling,
then we really need to take a look at all possible, um, you know, economic
opportunities, so to speak, um, and social media or soc... social platform and, you
know, be a lot more restrictive and I ... I'm not sure this Council, or maybe even
our community, is prepared to do that, but when we talk about... transportation,
one of the things that's been missing from this, and I will say I'm a little biased,
um, has just been the overall community, and if you look at it from the student
community standpoint, um, it is literally been non-stop for Uber, and I'll ... I'll just
be honest with you, over the course of the year it's been non-stop for Uber. Um,
one of the benefits that I have as well as working in the school system where I can
talk with students that have jobs and opportunities and I hear consistent
complaints, um, similar to the one the young woman had said around, um, the fact
that, you know, it's great for football games or for after downtown, but from
a ... from a cab standpoint at times it's really tough getting a cab during those times
when it's not necessarily peak times and people need to go to work, and I think
we've had this conversation around transportation and need or desire for moving
beyond Iowa City, but also Iowa City, Coralville, and North Liberty and so I'm
very sympathetic to that. I think Rebecca Neades is still in the audience, um, as
far as expectations, I would agree. I was just on the phone with, um, Dr. Valerie
Peterson from, uh... um, from Austin and she was saying that the same thing has
happened there. Cab companies were really upset about Uber, but it was
something that they decided to do, and I only bring up Austin because that is
something that ... or a city that we consistently kind of throw out as far as being a
progressive city, a city that we should match in every way, shape, or form at
times. Um...
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Throgmorton: They should (both talking)
Cole: (mumbled)
Throgmorton:... as well as we're doing! (laughter)
Botchway: Exactly! Yeah! Um, and the funny thing I keep thinking of from an expectation
standpoint is as I'm going to a conference in Atlanta next week, I definitely plan
on using Uber. As I'm going to New Orleans the week after that, I definitely plan
on using Uber, and it's ... it's weird for me to say that I'm excited about using it, but
then I come back here, you know, I'm just gonna do whatever. Um ... I know that
it's already been talked about — lower costs, the rating system that is, um, has been
talked about is important for me. I know the time gap issue has been brought up,
and I think that's going to be addressed, hopefully within second consideration
because I do ... I am again sympathetic to those concerns. Um ... like I said, and I'll
stop here, this is just one of those things where ... and I don't feel like I've made a
lot of mistakes on Council, but I ... I feel like, you know, a year ago when we had
this discussion, there are still some concerns that I ... I still feel, you know, haven't
been addressed and I think that's going to be addressed more nationally and from
a legal standpoint with Uber and their people, but um ... um, I ... I feel like I made a
mistake. I feel like we ... we could have passed an ordinance that a year now we
could have, you know, been seeing some different changes and whether or not we
wanted to change based on those we would have that opportunity now, but
um ... I'm very supportive. I would say literally 100% of the people I've talked
to ... and I'll be honest with you, nag me about this issue. I hate to use that word
but it's been (laughs) this issue have been 100% in support of Uber, I mean ... well,
I shouldn't say 100%; 98% because I know there's some folks that ... from the cab
companies that may not be as supportive, but um ... I'm very supportive. Um, I
understand you all might have different thoughts or feelings, but, um, this one to
me is kind of a no-brainer, but .... I'll leave it up to you.
Throgmorton: Okay. Others?
Mims: I'm going to support it as well. I ... I think what we have here is two different
business models and I think what we have to do the best we can do (clears throat)
for me is ... focusing to make sure that both business models are as safe as possible.
I think ... I think from a city standpoint and... the... the only regulations really that
we should be looking at, you know, relate to the safety, um, of people and I think
that's really what this does. I think the ... and I won't get into it tonight, but I ... I
believe that most of the changes, if not all and maybe a couple additional ones
that staff have recommended could be made on the taxi cab side should be made,
um, and I think from the timing of that we can ... we can either condense
readings ... we can get this all done so it's all simultaneous in terms of going into
effect probably. Um ... or at least very, very close. Certainly not some six-month
difference, um, by any means, and I think, you know, we've got a different
business model, um, you know, Kingsley, you mentioned, yeah, there are some
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issues on the national level. Uber's not necessarily perfect, um, but those are
beyond the scope of any one city, um, to deal with, and we certainly are getting
the ... the demands, the requests from lots and lots of people who travel and ... and
are in the big cities and are used to using it, like it, um, and so as long as we can
make those changes on the taxi cab side to eliminate any additional restrictions
that are not necessary but while maintaining safety, um, I think we can do that, so
I'm totally in support of this.
Dickens: I'm going to be in support of Uber, but with reservations, especially with Eleanor
bringing up that, uh .... chauffeur's licenses are a State requirement. I think that
Uber needs to step up and, uh, check into that because if they're in this state and if
that's a requirement, I know in Kansas they pulled out because of certain issues —
the whole state — and ... the state government collapsed pretty quick and (several
talking and laughing) two or three, not the whole state, but the ... they gave in.
That's my big concern is that giving in ... with ... with a ... with a product... everybody
I've talked to wants it. Uh, I ... I think it's a great service. But I do worry about
them dictating to the government and to the city, this is it or we're not coming.
That ... that bothers me. But I do agree with ... it is a new model. I mean, I'm in
business. We've had to change the way we do business. We've had to go online.
Our ... our major source of income is still from our local people, so I want to make
sure that still happens. But we've had to go outside just to be competitive. So, I
understand business changes, models change, and we've had some great cab
companies — we still have great cab companies — and I think they can still be good
and great, but they're gonna have to change a little bit with the times, and I think
Uber is gonna force people to ... to move ahead.
Cole: To clarify I do have one question though, and this question of the chauffeur
license. It's my understanding that that's required under State law. But Uber's
saying that it does not apply to their drivers. Um, so my (both talking)
Dilkes: I don't think Uber has ... has stated a position.
Cole: Okay.
Dilkes: Tonight anyway. That I have heard.
Cole: Okay. Could that be .... cause I think that ... my concern is ... is a person signs up for
Uber. Um, they're not then required then to have a chauffeur's license. Great.
They check the ordinance. They call our City staff — do I need a chauffeur's
license? They say no, presumably they would advise about the State law. They
check with you guys — you guys don't require a ... a chauffeur's license. And then
if...if prohibited under State law, which is ... if Eleanor's correct, we're essentially
having someone unwittingly committing a simple misdemeanor, um, is that where
we are at this point? Cause that does concern me, cause I don't want a situation
where ... um ... I would ... if we could just quick clarify on that question.
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Carroll: Yeah, so I can't speak to the sa... State law specifically. I don't know exactly the
way that's worded or ... and I can't speak to that, um, I can tell you we're currently
not requiring that in any other city we operate in Iowa. So to clarify that point of
it, um ... Ames, or sorry. With the exception of Des Moines, uh, we are not
currently ... we don't require it on the Iowa side of the Quad Cities, uh, Cedar
Rapids, uh, or Ames.
Dilkes: Well I can tell you what it says. Um ... a chauffeur is a person who operates a
motor vehicle in the transportation of persons for wages, compensation, or hire.
Throgmorton: Yeah, so this'll have to be addressed somehow (both talking)
Dilkes: So ... yeah (several talking)
Cole: And I think, back to what Kingsley said in terms of timing, I think what my
concern in terms of this process is sort of the way in which it was presented. We
had a very short amount of time to look at the various models that have been used
in which Uber is operating, because there are several different cities with different
Uber ordinances and I would have really liked the opportunity to weigh in on
assessing some of those models, and of course we will have the opportunity to do
that, but I agree with Susan. I think it's absolutely critical that we have regulatory
parody here in that we work very hard with our taxi cab providers to ensure that
we have a ... a fair playing field. I am not convinced that, you know, using a
smartphone transforms the industry as opposed to using a phone. I'm not
convinced of that point, but that said, there is obviously the ... the development of
the smartphone, um, and ... and it is this expectation for our convention business,
and I think we're in a situation where we cannot afford to be a candle in the wind
on this particular issue, but I think we're gonna have to watch this very closely
and I think we're really gonna have to partner with our ... our taxi cab companies to
ensure a fair playing field cause what I'm hearing from them is that they're not
afraid of competition, but they want to play by the same set of rules, um, and I'm
just, you know, I think we really have to address those concerns, and sort of going
forward at least my preference would be if we can have our ... our staff by the end
of the third consideration to have a same starting point as we modify potentially
the taxi cab ordinance, um, and ... and as we look at implementing the Uber
ordinance, but I am going to support it, um, because I think at this particular time,
uh, it...it is an expectation. I think that's something we do have to be able to
address, but I do still have some concerns, but I'm convinced the staff can address
those concerns.
Throgmorton: John? Pauline?
Thomas: Yeah, I'll be supporting it as well. I, um, certainly would have preferred that
the ... these two business models — the taxi cab industry and the TNCs — that we
kind of started at the same point and were moving, um .... at the same speed. I
think we need to make up some time with the taxi cab ordinance to make sure that
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they are aligned. Um ... clearly there's the demand for more ... um ... tide for hire, I
mean that's ... that seems obvious. Uh, is it ... is it a perfect ordinance? You know, I
(laughs) at the, uh, work session raised the issue of the ... the, um ... you know, the
labels on the automobiles and ... which, you know, I've been doing some research,
actually had a little bit of a misunderstanding in terms of to what degree we had
an opportunity to change the ordinance, not knowing that staff had spent
basically... all its time coming up with something and ... and coming to a final point
with that, uh, discussion. Uh... but you know the labels are used in other cities
where Uber is in business. So, uh, for the time being, you know, I'll support it but
I think we do need to be very careful with ... you know, not ... not requiring certain,
uh, regulations, which very well may affect the public safety. So ... you know, I
kinda have a buyer beware aspect to (laughs) I ... I ... personally have never been a
strong cab rider (laughs) You know, I love the ride sharing industry, bicycling.
I ... I rode a Zip Car in San Francisco, uh, not so big on cabs and I'm, you know,
beginning to think maybe it's because sometimes bad things happen (laughs) so
the ... the safety aspects of this I think we do need to be mindful of.
Taylor: While listening to all of the sides, I don't doubt the benefits of...of Uber in the
community. It sounds like it would be a great service to have, uh, I also, um ... do
believe competition is good, but I don't see it as good if, uh, one side has an unfair
advantage over the other, and I ... I see that as, uh, Uber kind of wanting to have
that unfair advantage, um, soon as we kind of clarify those chauffeur's license
issue, uh, that's... that's a big one and the background checks, I didn't quite
understand why, uh, the company didn't feel they needed to follow the same, uh,
process that the cab companies do with the Iowa City Police Department, and the
inspection of the vehicles. Uh, granted if you have a 10 -year or newer, uh,
vehicle, you ... it might be in good shape but then again, uh, some of them aren't, so
the liability concerns I ... I have with that, and I don't think ... it seems like people
are trying to compare 'em like apples to oranges, and I see it as more of apples to
apples. I see them as ... as the same things. I looked up the definition of taxi cab
and bear with me here, it says a vehicle for carrying passengers for money. And a
vehicle is a motorized device for transporting goods, equipment, or passengers.
And a passenger is one who travels in a vehicle, car, planes, boat, or other
conveyance, and convey is to transport, and to transport is to carry or move from
one place to another. And—that's very similar. That's exactly ... Uber and the taxi
companies are doing all these same things. So (mumbled) some of the others LA
think that, um, we need to take a serious look at that. I would be in favor of
having it. Another concern of mine is I would like to have heard maybe from the
cab companies, uh, what kind of effect in Cedar Rapids, Des Moines, and Ames,
and perhaps the Quad Cities, if it's had an effect on the cab companies there
having Uber come in, if there have been some that have had to shut down or no
longer, uh, make the profits that they had previously, I'd ... I'd kinda like to know
that, to see, cause I would hate to see that happen in the community. We have a
number of, uh, drivers who've been driving for years and ... and companies that
have been in the area for years. So...
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Mims: I understand that, Pauline, and I'm sympathetic but at the same time are you
saying that ... you would not support .... a new company coming in because they're
going to compete with an existing company?
Taylor: No. No, cause (both talking) competition is good. But...
Mims: To me that's what you just said.
Taylor: No.
Botchway: Well I guess...
Taylor: I just wouldn't want it to be harmful to the ... to the economy in the long run
with ... with other companies.
Botchway: One of the things (both talking)
Mims: But again to me that's what you're saying, that you don't want them to come in if
they're harming an existing company, and to me that says ... you're willing to keep
or put regulations in place to prevent new competition to existing companies.
Taylor: (mumbled) they should be on the same playing field.
Mims: And I ... I agree! I think we need to reduce the requirements in terms of the safety,
keep the safety issues but reduce some of those requirements on the cab side.
Throgmorton: Okay, Kingsley, did you (several talking) briefly?
Botchway: Yeah. I worry about the same playing field comment. I didn't go into that into
detail, but I urge you to take some of the cabs. I ... I really do and I don't know
how many of (several talking)
Cole: ...several times.
Botchway: ...but you know, as a student that was here, you know, for a number of years
without transportation, um, I mean again I do have a particular bias and that hasn't
changed since I've gotten here to now, and it's been consistent across, you know,
communities, whether that be, again, through the School District, whether that be
through multiple communities that I've been in, and so ... I ... I feel like as we're
talking about this, we are not talking about that at all, and I ... I worry about that
process and that's ... I'll be honest with you, Simon, little bit upset because I
thought we were gonna come back before us and talk about ... cause I know that
John had mentioned complaints from different cities as far as what's been going
on with Uber, and then I matched that by saying I'd be interested to hear
complaints from our community from a taxi cab standpoint, and obviously
you ... you said that you've heard that as a consistent request, but I was just
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interested in it from a complaint standpoint because while I did say that the
request was consistent across the board as far as people wanting Uber, I mean,
there were a lot of complaints that I don't wanna, you know ... that's missed in this
conversation. Now that being said, there was ... a lot of cab drivers that are doing
wonderful jobs, so I don't want to say or say anything about particular cab drivers,
but I ... I will say that there's been some issues that I feel haven't been addressed
from a community standpoint, and we are heavily talking about what we're going
to do about the businesses and not worrying about those concerns at all. At least
at this time (mumbled)
Throgmorton: Okay, so we're going to do second consideration (both talking)
Botchway: Right!
Throgmorton:... two weeks from now. Is there a specific question you have for Simon that you
want him to address?
Botchway: Well I guess (both talking) I'm not sure cause I think that John had asked that
question as far as hearing from, you know, different cities and other things as far
as what kind of complaints we've heard from Uber. I know that some of the cab
companies have shared some of those and so that's been helpful, but on the flip
side I'm interested in what type of complaints you've heard from, you know, cab
companies in the area as well cause, I mean, I didn't write down a list but I guess I
can go back and talk... hopefully talk with many of those people. Some of it's just
in passing, and ... and write down some of the complaints that folks have had,
and ... and then present that as far as, you know, going forward.
Andrew: Sure! We did look into that. Um, when complaints come into the City Clerk's
office they're referred to PD and um, they go out and if they find a violation then
they cite the driver of the business, but it's not tracked as a complaint if, and
correct me if I'm ... jump in here if I'm misspeaking here but ... um, if there's not a ... a
finding of a violation. If there's not a citation issued then those, uh, complaints
aren't tracked. Um, we do have police logs of when, uh, drivers or businesses
were cited. But not a log of all the ... the complaints that come in.
Botchway: And let me clarify ... let me clarify (mumbled) complaints. I'm not talking about
anything being done criminal from a cab company standpoint. I'm just talking
about, you know, at times, you know, the rate of time after a call compared to
when a person's picked up, you know, missed rides, whatever the case may be.
I'm not talking about anything criminal that a cab company has done but that's
been the complaint that I've heard consistently that, you know, it's been really
tough (mumbled) alluding to what the young woman said, um, from that
standpoint when it's (both talking)
Mims: But I would assume that's all anecdotal and (both talking)
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Andrew: .....do have a lot of anecdotal, you know (both talking)
Mims: ...keep track of (several talking)
Andrew: ...good tracking mechanism for that.
Karr: We do track, as Simon says, we do track anything that is a violation of the current
ordinance and it has resulted in misdemeanor, court fines, and after investigations
we do log in those, but the ... the issues of...of overpayment, of...of some other
issues are totally anecdotal and most of them are ... uh, anonymous and don't wish
to pursue them, and without that... enough information to investigate it, we can't.
Botchway: Okay.
Throgmorton: Okay, we need to move ahead. So ... I'll say just a few words. We as a Council
have discussed this, what? Twice in the last two or three years? I ... I don't
remember the exact timeframe but ... we've had a very clear understanding that this
part of the transportation sector is changing and will continue to change. We
don't know exactly how it's going to change, it just is going to be unfolding. I
have, uh, quite a few qualms about Uber's model. I'm not sure how well it's going
to work here, but I think we should find out. So, taking the various pros, cons,
uncertainty into account, I'll support the proposed TNC ordinance, and I...I echo
the other comments that have been made with regard to the taxi, uh, companies.
So, uh... we could proceed. So ... roll call, oh wait, sorry!
Fruin: I just want to make sure we have a ... an understanding of the Council's direction
on the taxi ordinance. The items that were laid out in the matrix of possible
changes to the taxi, uh, regulatory framework, I'm hearing that you want us to
pursue those and bring those back at the earliest possible date.
Throgmorton: With ... I'd say with staff s recommendation as well, because I know some of them
touch on the issues that led to the last, our most recent revision to the taxi
ordinance.
Frum: Okay. We will do that!
Botchway: And ... I mean, my other piece would be the, um, working with the cab companies
as far as possible additions as well, cause when I briefly kinda worked through it,
there were some things that I, you know, thought maybe, um, there were
legitimate concerns from taxi cab standpoint that weren't necessarily addressed in
the possible changes, and so ... making sure that they're a part of that discussion I
think is ... is (both talking)
Karr: We have been furnishing this information ongoing. As you get your information,
we furnish it to them. My only concern is if you want it to go quickly ... we ... and
coincide with this, then ... we certainly can go back and we can ask that, but ... in ... to
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get the turnaround time that you wish to have something in front of you ... I can
certainly....we can send out a notice right away, but that's my concern is that we
may be asking for more than ... what we can vet in two weeks.
Throgmorton: My gut feeling is that what we need is a timely process, not something that's
going to be dragged out for months, which was I think Roger's concern. But I ... I
don't believe it's necessary that we ... complete both processes on the same date.
Cole: We still have two more readings (mumbled)
Throgmorton: Yeah. Is that clear enough? Okay. Roll call. Motion carries 7-0.
Karr: Motion to accept correspondence.
Botchway: So moved.
Dickens: Second.
Throgmorton: Moved by, uh, Botchway, seconded by Dickens. Uh, all in favor say aye. All
opposed. Motion carries. Thank you all for coming and speaking!
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ITEM 14. CITY COUNCIL INFORMATION
Throgmorton: Why don't we start with Pauline.
Taylor: Just wanted to remind folks, uh, again, uh, this is Severe Weather Awareness
Week and that the City will be ... we had our little drill earlier, uh, but the City
itself will be, uh, testing its sirens tomorrow between 10 and 11! So everybody
should be aware of that and find their safe place.
Throgmorton: Great! John?
Thomas: Uh, this coming Friday, the 25th, at 7:30 will be an Evening at the Ecopolis at the
Old Capitol... Senate Chambers. Uh, be Jeff Biggers and the Awful Purdies will
be doing a performance piece.
Throgmorton: It's not Awful Jeff with (laughter) Only kidding! Susan?
Mims: Uh, couple of announcements of events coming up. Um .... Making Johnson
County a Livable County, April 16th, from 11 to 2, um, at 203 Johnson County
Human, uh, Health and Human Services building. Um, they might req ... require
an RSVP for that — I'm not sure. I don't have that one up on my thing. Um...
there is a symposium on criminal justice reform on April 22nd from noon to 5 at
the Lindquist Center, um, on the University campus. And ... think there was one
more. (mumbled) Community Police Review Board forum April 26th at 6 PM in
room A of the Iowa City Public Library.
Botchway: Johnson County Livable Communities.
Mims: Yeah, I already did that one.
Botchway: Oh, sorry! (several talking)
Mims: April 16th (both talking)
Throgmorton: Great! Uh.... Kingsley?
Botchway: Um ... I don't have anything, I mean as far as Council information, but I ... I
apologize. I've kind of somewhat been on my phone, receiving texts, uh... um...
um, my son's mother's been texting me that my son just peed in the pot! (laughter
and several talking) ...pretty excited (several talking and laughing)
Dickens: I have three daughters so I know (several talking)
Botchway: I don't know if that's a, uh, City Council information but I just wanted to (several
talking and laughing) Pretty excited! It's awkward but exciting.
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Dickens: Uh, just a reminder Mission Creek is coming up, uh, about 10 days or two weeks
away from that. Uh, lot of the tickets are sold, individual tickets are ready, and
then what was that old City Manager's name who used to be here (laughter)
Anyway, wish Tom good luck at his new position, and Geoff, sitting in that chair,
good luck and... hopefully we weren't too tough on you tonight!
Throgmorton: Yeah, definitely like to echo that. Uh, welcome aboard Geoff as Interim City
Manager!
Fruin: Thank you (several talking)
Throgmorton: Looking forward to it! Rockne?
Cole: I just wanted to say I really enjoyed the inclusive city's presentation the other
evening. I forget his last name — it was Robin (several talking) Hambleton. Um, I
thought it was a really sort of nice model for what we really want to look for in
the future. It was a nice collaboration between the University of Iowa, um,
community members, and I particularly liked his comment on, you know
(mumbled) community partnerships and I think that really provided an effective
model going forward. So ... um, really exciting event, and looking forward to
future events like that, and I think ... Jim, did you have a role in organizing that at
all?
Throgmorton: I did actually (both talking) but I ... I'd like to note that it was co-sponsored, not
just by the University and Iowa City, but also by the City of Coralville, the City of
North Liberty, uh, the ... the, uh, Johnson County Supervisors, and... University of
Iowa's Public Policy Center.
Cole: Yeah, there was just something about getting everyone in the same room and....
Throgmorton: Yeah! Great. I'll mention two things. Uh, on Monday March 28th City staff are
going to make a public presentation about our recent four-star community rating,
which I think is a pretty big deal and I'm very pleased with it. It will take place
from 7 to 8 PM in the Iowa City Public Library, meeting room A, where we were
Monday night. The other thing I want to mention is that our fine, uh, staff
member Simon Andrew and I attended the National League of Cities meeting in
Mar ... in Washington D.C. on March 5 through 9. A few highlights of that, uh,
event included a panel discussion about affordable housing and about ... another
panel about climate change mitigation, but also meeting with, uh, network of
university cities, including Lawrence, Kansas and College Park, Maryland and
many others, and speaking with Senators Grassley and Ernst, and I want to extend
a thanks to, uh, the Senators and their staff for meeting with us. Geoff!
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ITEM 15. REPORT ON ITEMS FROM CITY STAFF
a) City Manager
Fruin: Just let you know I've had a few, uh, conversations with Tom. He's doing well in
Lawrence (both talking)
Throgmorton: Oh, Tom! That's (laughter)
Fruin: Uh, he's, uh, already ... he's already had his first commission meeting there and is
deep into budget so (laughter) he's doing well and wishes, uh, you all the best as
well.
Throgmorton: Great! Simon?
Andrew: Much appreciated you lettin' me tag along with you to Washington D.C.!
Throgmorton: Yeah, we drank one beer (laughter)
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