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HomeMy WebLinkAbout2017-01-17 TranscriptionsPage 1 ITEM 2. STUDENT LEADERSHIP AWARDS ITEM 2a Grant Wood Elementary Throgmorton: Uh, we have two students from Grant Wood Elementary! I wonder if they might come up, please. (several talking in background) Mims: Tum right around there! Great! Dickens: The Mayor'll be there in a second! (several talking in background) Throgmorton: Good evening, kids. How are ya? So, good evening to all of you. This is the first time I've had to do this in front of Matt Hayek who did it like six years and I feel a little anxious. I don't know if I can do it with quite the, uh, elan, that, uh, that, uh, Matt did. I'll give it my best shot! I don't know which of you is Alima. So is your name Alima Mmunga? Mmunga: (gives name pronunciation) Throgmorton: (repeats name) All right. So I'm going to read this award, uh, Alima, and then the next award will go to you and I'll read your name, but... the.... the text is exactly the same. Okay? So... (reads award) So, Alima, would you please read your statement and I'll hold this for ya. Mmunga: My name is Alima Mmunga. I am a sixth grader in Mr. Glenn's classroom at Grant Wood Elementary School. I help my school by being a reading buddy and by helping first graders. I am also a team leader in my class and a banker. I am also .... I am responsible, I show respect, and I build relationships. I would like to thank the City Council for this award. I would also like to thank my fain ... my teacher, Mr. Glenn, and my family and friends for supporting me. Throgmorton: All right! (applause) Congratulations! I ... I was just down at Grant Wood Elementary, uh, for Martin Luther King Day .... Martin Luther King Jr. Day, and uh, it was a real treat. It was full of, I don't know, a hundred, a hundred and fifty or more people. Were .... did you happen to be there, either of ya? Yeah, it was really fun, so.... It's a terrific high ... or elementary school. Okay, so the next one, uh, help me with your .... how to pronounce your name. Faris Eltaya... Eltayib? Eltayib: (gives name pronunciation) This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 2 Throgmorton: Yeah, thank you! So .... Student Leadership Award. I'll read it ... I just said I wouldn't, but I'm going to! (reads award) So .... congratulations! (applause) So, again, I'll hold this for you while you read your (mumbled) Eltayib: Hello, everybody! My name is Faris Eltayib. I'm a sixth grader in Miss Grigsby's class at Grant Wood Elementary. I'd like to thank the Iowa City City Council and my teacher, Miss Grigsby, for this award. In my classroom, one of my responsibilities is classroom banker. In this position, I keep track of our class finances, student council, and payments. I am constantly monitoring to assure that the bank doesn't go under. (laughter) I also help my classmates with various assignments. I attend ELP at my school where I learn about different subjects that are on the sixth grade schedule. I'm also a member of pre -algebra. Three days a week I travel to a different school to learn pre -algebra with a West High teacher. I provide help to a first grader who needs a role model each day. I am attempting to show by example how to be a successful student. I like to perform in skits and acts, and I have done two leading roles at our all -school assembly this year. I attend art club after school and I enjoy learning to type and code in library class. On my own I love to design little games for my friends. I like to write comics for myself and my siblings to read. Again, I'd like to thank my teacher, Miss Grigsby, and the Iowa City City Council for this award. (applause) Throgmorton: Congratulations! Are .... are there any bankers in the house? (laughter) I think we've got some pretty good potential bankers here, don't you? So I bet you we have some very proud parents too. Could the parents put up their hands? Some.... congratulations (applause) to you! Congratulations! (applause continues) Well done! Thanks! Okay. It's .... it's such fun to do that. And I want to welcome all of you to City Hall. It's a pretty crummy night out, but what the heck! It's winter in Iowa, so.....we Iowans know what it's like to have to go through such evenings. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 3 ITEM 3. SPECIAL PRESENTATION ITEM 3a MARIAN K. KARR CITY CLERK OFFICE — RESOLUTION RECOGNIZING THE SERVICES OF MARIAN K. KARR AND NAMING THE OFFICE OF THE CITY CLERK THE "MARIAN K. KARR CITY CLERK'S OFFICE" Throgmorton: Item 3 is a special presentation and I'm really happy, really pleased to be able to do this. (reads Item description) So I have a ... a plaque here in my hand. Shows a photograph of Marian, despite the fact that she really didn't want a photograph of herself on anything next to that .... next to that room. It says Marian K. Karr, City Clerk's Office, Marian K. Karr, City Clerk, City Clerk's Office — served from 1979 to ... to 2016. In recognition of Marian's devoted public service to the City of Iowa City, the office is dedicated in her name. January 2017. So .... could we have a motion to approve this resolution? Mims: So moved! Dickens: Second. Throgmorton: Moved by Mims and seconded by Dickens. Now I know there's some people in the audience who would like to say a few comments about Marian and .... you know, some of `em have experience, a fair amount of experience with Marian, like Bill Ambrisco and John Balmer and Matt Hayek and Regenia Bailey and Ross Wilburn and maybe somebody else, I don't know. So ... come on up! Say a few words about Marian! Balmer: Well good evening, ladies and gentlemen, it is a great pleasure for me to be here this evening. I am John Balmer, 10 Princeton Court. I drew the straw to start because I go back the furthest. I was Mayor in 1980 and 81. I served on the Council from 1976 to 1984, and then from mid -88 to .... through 89. So I certainly had an opportunity to first-hand be involved with Marian Karr, and actually was on the Council that selected her to be the, uh, permanent City Clerk. She was, uh, Abbie Stolfus who was the Clerk at the time had, uh, chosen Marian, and very wisely so, to be her assistant and uh, as you know, the rest is history and uh, many things changed over the years, uh, change City Managers, Public Works Directors, but there was always the one constant — Marian Karr. And she served this ... this office with dignity and class and professionalism, and the individual that succeeds her has a high bar .... but a bar that we all know that they can attain, and uh, I just want to enthusiastically endorse what you have done and just say that, uh, Marian is deserving of this. She's in every sense of the word she is a true public servant. Thank you. Throgmorton: Thanks, John. (applause) This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 4 Ambrisco: Mr. Mayor, City Councilpeople, uh, my name is Bill Ambrisco. I was privileged to sit in those chairs from 1984 to 92, I believe. Was Mayor in 85 and 86, and during that period of 10 years or so I had the utmost privilege of serving with many fine people, and working with some of the best executive staff I've ever met in my life, and among that I would call Miss Karr an executive, uh, the title City Clerk is really a misnomer, because what she does is really executive material through and through. Uh, I never heard her complain the many times I called her, both before and after I was on the Council, to ask for a fact or figure. She would find it for me very cheerily. So ... the designation, I think, is quite appropriate and I really appreciate the Council designating this for her, and Marian, if you're watching tonight, um, as a retired person, I'll give you just one bit of advice, and I will quote that sage philosopher Yogi Berra! Always go to other people's funerals, otherwise they won't come to yours! (laughter) (applause) Throgmorton: Thanks, Bill! (applause continues) Hi, Ross! Wilburn: Mr. Mayor, uh, Ross Wilburn, I'm ... live in Ames, Iowa, and I'm on my way from Keokuk back to Ames, so I thought I'd stop in, glad to do this. Thanks for the invitation! Um, I'm a former Mayor of Iowa City. I served on Council from 2000 to 2012. Had the honor and privilege of doing so with a .... a great professional staff and, uh, and representatives on the Council. Just too many to ... to name, uh, the unseen faces. I'm also currently the Associate Program Director for Community Economic Development at Iowa State University Extension and Outreach. I appreciate no one saying boo while I said that (laughter) Um, the reason I mention that is we offer the professional development for municipal clerks, uh, around the state, and, um, Marian has been an excellent presenter for us. We do that in partnership with the Iowa League of Cities. Some of you have been to some of the, uh, the conferences and, uh, presentations for that. Um, Marian has been, uh, at a minimum, she's the prototype city clerk. Keeping the City Clerk's office, the interface between the City and, uh, and the public, and uh, assisting the public navigate, uh, the halls of, uh, City Hall. Um, what you, uh, may not know is that she's also been a resource for the Institute.... the International Institute of Municipal Clerks, uh, which is a professional non-profit association that promotes continuing education and certification to its members worldwide. She's been a strong advocate, uh, and board member for the International Institute's educational foundation, and I believe she's still on the board as a retired member. Uh, she's been, urn .... an excellent resource for my staff, um, we, uh, they have looked to her in offering guidance for city clerks throughout the ... the state, so the ... the expression `think globally, act locally,' well Marian has had an impact not only here in Iowa City and across the state of Iowa, but across the, uh, the world, and so I enthusiastically offer support, and Marian, if you're watching, I just want to thank you for, uh, the countless hours you've given to the City, um, as well as me personally. I ..... I think what the City ... uh, public doesn't really know is the, uh, number of times after the, uh, midnight Council meetings that, uh, the City Clerk This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 5 will sit with the Mayor, and Mayors past, to finish signing everything, putting everything into action. So I appreciated that, and most of all I really treasure the time and support that you provided to me, uh, during the tornado and reaching out and thanking the volunteers for that. So with that said, uh, kudos to you all for ... for, uh, putting this forward. Thank you. Throgmorton: Thanks, Ross! (applause) Good evening, Regenia! Bailey: Good evening. Regenia Bailey, uh, I had the honor of serving in those seats, um, 2004 to 2011. Ross spoke to Marian's commitment to the profession of city clerks, which I think we all are aware of, and I think we're really aware also of her deep commitment to the citizens of Iowa City. Just to tell you a little bit of a story. hi 2008, during the floods, um, we had to evacuate many homes and neighborhoods. And our commitment was to get, um, those evacuation orders lifted as quickly as possible. So as the water receded, and as we were considering allowing people back into their homes and neighborhoods, I would come in to sign those orders, but, um, pre -dawn Marian Karr was in the Clerk's office getting everything ready to make sure that those citizens, those residents, could be back in their homes as quickly as possible. Her commitment to the City has just been amazing. I think this is a wonderful honor, and Marian, if you're watching, thank you so much and I wish you ... all kinds of enjoyment in your retirement. Thank you. Throgmorton/ (applause) Thank you, Regenia! (applause continues) Hi, Matt! Hayek: Mayor, Council, uh, unlike the other former Mayors, I will follow protocol and, uh (laughter) place my filled out sticker in the appropriate place (laughter) Um, I served on the Council, uh, for eight years and was Mayor of Iowa City, uh, until, uh.... uh, just a little while ago, so I was six years, 2010 through 2015, and uh, I want to join the ... the other former Mayors who were here before me, as well as Bob Elliott and any other former Members of Council. I don't see any, but there may be some here, in ... in commending this decision. I think it's a fa ... fantastic choice by Council and staff to, uh, to ... to do this. Um, a lot has been said about Marian Karr, um, she was a consummate professional. She was deeply loyal to City Hall, um, and she understood the importance of City Hall to the public, uh, and, urn ... the, she understood the impact of her office on the public's trust in local government. Um, and those are very important things. And for anyone serving on Council, she made life easier — both during meetings and before and after meetings. Uh, incredibly responsive and helpful, um, and she rescued more than, uh, I ... more than a couple of us over the years (laughs) uh... uh, when .... when, uh, inevitably one would freeze up at the dais and ... and not know which way to turn, Marian was there to ... to lend a hand. Urn ... uh, she served, uh, the public through, uh, this, uh, building from 1979 to 2016. I asked staff to look into it, and it turns out that, uh, during those three and a half decades, 42, uh, people served on the City Council. 42, and that includes, uh, the current Council. Um, and if you served more than one term you weren't counted twice. Those were 42 actual This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 6 people, and as one of those 42 individuals, I am, uh, extremely proud to know that, uh, my city is honoring Marian Karr and paying an appropriate tribute to her many years of service, uh, to the community. So, kudos, uh, thank you, and thank you for your service to the community! Throgmorton: (applause) Thank you, Matt! (applause continues) Good evening, Bob! Elliott: I'm Bob Elliott. I wasn't smart enough to be Mayor, but I was on the Council! (laughter) Uh, I was .... had the privilege of knowing of Marian before she came to the City. I was on a non-profit board that hired her for a position. Then when I knew she came to the City I thought, `That job is in good hands!' Uh, I'll tell you one thing that I .... as I recall, I believe I even wrote about it in paper. Uh, there was a group in Iowa City that wanted to send people to a Walt Disney firm in Florida to learn how to do better customer service. And I said at the time, `That's not needed! Sit down for a couple hours in our City Clerk's office. You'll know everything you need to know about customer service.' Customer service to those of us who were working for the City at the time, for those people in the City who had questions to ask of the City, whatever the job was, Marian did it and it was done very well. (applause) Throgmorton: Thank you, Bob. Would .... would anybody else in the audience like to say a few words about Marian? No other Councilpeople here? (laughs) Okay, thank you all for comin'. Uh, well so we have an opportunity to discuss this a little bit. Does anybody want to say a few words for Marian, or just vote? Mims: I think we'd be pretty remiss not to say something, I mean she's (several talking) uh, can only echo what the former Mayors and .... and Bob Elliott have said. She has been an absolute gem to work with, um, so professional, so helpful, um, some of the things I think that Matt wrote a column that was in the paper talking about, um, how quickly she could find documents with the least little bit of information about what it is you were looking for. You wouldn't have any concept maybe on the year or whatever, and it's like you could give her three words and give her a half an hour and she'd have it for you. She was just phenomenal and she just had the incredibly right disposition to be in that position, um, all the work with the public, um, people coming in, whether it was permits or ... taxi licenses or looking for somebody in City Hall and they didn't really have any clue who they needed to see but they just knew they had a problem and needed to talk to somebody, and she and her staff would kind of (mumbled) out where to send them, so.. just, uh, Marian, hope you're watching and wish you, um, all the best fun in retirement and I'll see you at some of those Hawkeye wrestling meets. Dickens: (several talking) Well I just told Marian that, uh, I thought she was going to hold out for another year so we could go out like Thelma and Louise (laughter) go over the cliff together, but uh.... she was ready to go, and I ... I think I'm going to be ready to go in a year, but uh.... uh, Marian was always wonderful to talk to. Uh, This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 7 lot of us, once we went to electronic, we quit coming into the office, but ... sittin' with Marian you learned all about the City and how to make it better. Thomas: I .... I just recall, um, my first interaction with Marian was, uh, as a citizen where I wanted to gather a PowerPoint presentation and present it at the Council and met with her and she was just so .... so cordial and just left a very deep impression, and uh, I just want to thank Marian for hanging in there until I got to be on Council! For this one year there was a little bit of a .... one year of overlap there was, uh, 37 years was it? Uh, so thank you, Marian, for your service. Taylor: I'd like to echo that as a ... as a new Member. There is quite a learning curve, uh, to being on the City Council, and it's quite different from the healthcare profession, and .... and Marian just, uh, made me feel as all of us so welcome and there was no dumb question and... and she was just always so helpful and, uh, when I first started and I wasn't able to come to the meetings, she ... she worked out the conference calls for me, and then as soon as I wanted to come back to the meetings, she, uh, worked out transportation for me to get to the meetings, and she... she's just that kind of a person, so helpful and so wonderful, so enjoy your retirement, Marian! Botchway: Yeah, I mean, from everybody has said a lot of different things about Marian, and so I won't echo, um, any of the things that were said, but, urn .... you know, Marian, if you're watchin' this, urn .... just the care, I think, that she's put, um, into the job. I know that, um, from my standpoint, um, being a ... a somewhat young Council Member, um, the time she put in, um, when I didn't know information, I needed more time than maybe some of you, um, that had been on previously or .... or had done the work previously, and .... and the mentoring piece, um, you know, just ... it means a lot and you know, not knowing me, um, before my time on Council, um, again that care piece was .... was good. Cole: I think she's a pure professional. I mean that's really all that needs to be said, and I just echo everything that everyone else has said. Um, she's wonderful, she's fabulous. You run out of superlatives to talk about Marian. Throgmorton: That's for sure! So if any of you in the audience have noticed that the Mayor often turns this way and looks where Marian used to sit, and you Mayors know what I'm talkin' about! Uh, you often find yourself at a loss, is this a ... a, you know, a voice vote? Is it a roll call? Is, are we following the right procedure at this particular moment given whatever the motion is and so on, you know, you look over there to try to get some guidance by eyes or just by anything that Marian might say. Uh, and, uh, it's really helpful to have someone like that present, and Julie's doing a great job at the moment as well. Beyond that, boy y'all have all said it, uh, Marian's been a superb person to work with. Uh, I first met her when I replaced Bill Ambrisco on this Council in 1993. And I learned right then and there how good she was, and uh.... she never stopped. Okay! We have a motion before us, don't we? This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 8 Mims: We do! Throgmorton: This is ... well, what is it? Is it a roll call? Is it a voice vote? (laughter and several talking) Roll call! Motion carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 9 ITEM 4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED Throgmorton: And let me say, what I'm looking for is a motion to approve as amended, with additions and deletion of Item 4f(6) to be accepted under Item .... what is that, Item 8? Item 8. Voparil: Yes. Item 8. Throgmorton: Yeah, so nothing's going away. It's just being .... a little bit of it's being moved to another part of our, uh, agenda. Botchway: So moved. Mims: Second. Throgmorton: Moved by Botchway and seconded by Mims. Discussion? Hearing none, roll call. Motion carnes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 10 ITEM 5. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Throgmorton: Uh, at this moment if anybody would like to address the Council on any topic that is not on our formal meeting agenda. Please feel free to speak to us. I'd like to ask you to limit your comments to not more than five minutes, uh, and please when you come up state your name and your address. So ... Brandon, hi! Ross: Uh, I'd just like to say a few words about, um .... (noises on mic) about, uh, Martin Luther King Day, uh, in recognition of Dr. King's message, um, that, uh, this is a place for everybody, uh, the United States, uh, and that, uh.... whether you are black or white, Latino, uh, Muslim, whether you are Asian, whether you're Jewish, whether you're Catholic, Protestant, uh, whether you are Lutheran or Methodist, I think that's more appropriate in this particular part of the world, uh, everybody, uh, belongs and uh, Dr. King talked a lot about, uh, in his last speeches about the working class, the people and how, uh, in this, uh, system, uh, it is very difficult for the common man, and that we all have to stick together, uh, otherwise we will lose. We will lose, uh, we will lose social security. We will lose public schooling. We will lose, uh, public transportation. Ub, we will lose so many things that we've taken, uh, a long time to get, uh, voting rights. We will lose Voting Rights Act. We will lose so much if we don't hang together. There's an old saying that, uh, if we don't hang together, we will hang separately. And in a few words, I would like to say because tonight, uh.... uh, a few things that, uh, Woodie Guthrie said, and uh.... some of you probably know some of these words. (singing) This land is your land, this land is my land, from California to the New York islands, from the red wood forests to the gulf steam water, this land is made for you and me! And as I went walkin', that ribbon of highway, I saw above me the beautiful sky, and I saw below me that golden valley, this land is made for you and me. This land is your land, this land is my land, from California to the New York island, from the redwood forest, to the gulf steam water, this land is made for you and me. This land's for white lives, this land's for black lives, and for Latinos, and beautiful Muslim too. This land is your land, this land is my land, this land was made for you and me. You gotta voice! This land is your land, this land is my land, from California to the New York islands, from the redwood forest, to the gulf steam water, this land was made for you and me! This land was made for you and me! That's right! (applause) Throgmorton: Thank you, Brandon! (applause continues) Who else would like to speak? Or sing? (laughter) All right, I'm not hearing anyone, or seeing anyone. We're gonna turn to Item 6. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 11 ITEM 6. PLANNING AND ZONING MATTERS. (In accordance with the City Attorney's memo of 2/28/07 entitled —Rezonings, Due Process and Ex parte communications. Council will discuss # 7b at formal meeting) ITEM 6a COMPREHENSIVE PLAN AMENDMENT CAMP CARDINAL ROAD – RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE DESIGNATION FROM RESIDENTIAL 2 TO 8 DWELLING UNITS PER ACRE TO RESIDENTIAL 8 TO 16 UNITS PER ACRE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF CAMP CARDINAL ROAD AND CAMP CARDINAL BOULEVARD. (CPA16-00003) a. PUBLIC HEARING Throgmorton: I'll open the public hearing. (bangs gavel) Good evening, John Yapp! Yapp: Uh, good evening, Mayor, Members of the Council. John Yapp, Development Services. Uh, this property is located on the north side of Camp Cardinal Boulevard, uh, and east of Camp Cardinal Road. The property to the, uh, northeast is currently be developed with St. Andrew Church. Uh, St. Andrew purchased larger property, uh, for construction of their church, and then subsequently, uh, subdivided, uh, this property and another property to the north and constructed a new road, which is not yet on the aerial photo, uh, to provide access to the church. Uh, the property is currently zoned OPD -5, which stands for overlay planned development, uh, 5. Essentially it's a single-family zoning. Uh, with a planned development due to, uh, wetlands, uh, and a stream corridor and woodlands on the larger property. Uh, the lot affected is lot 2, uh, of the subdivision. Uh, just to the west is Camp Cardinal Road, to the south is Camp Cardinal Boulevard, and you can see the new street, uh, that has been constructed, uh, called Gathering Place Lane. Uh, some images of the property. You can see the church, uh, under construction in the background. Uh, the property in question tonight is in the foreground. Uh, some grading from the church, uh, to this property. Uh, this is the new, uh, road that has been constructed, which would provide, uh, frontage and access, uh, to the property. Uh, there are two tests with a Comprehensive Plan amendment. Uh, number one, have circumstances changed? Uh, this property was designated as low-density residential in 1989. At that time Camp Cardinal Boulevard was not yet constructed, and much of the larger neighborhood had not yet built out. Uh, in staff s view, circumstances have changed, uh, since that time. Uh, number two, are other policies of the Comprehensive Plan, uh, met with the proposal? Uh, the Comprehensive Plan does in general support, uh, higher density, multi -family, uh, development at intersections of collector streets and arterial streets, uh, which this, uh, property does qualify, uh, for that. And the Comprehensive Plan also supports a mix of housing types within a larger neighborhood. Uh, while this property is not yet I would say directly part of a larger neighborhood, the larger neighborhood does have single-family, uh, some townhouse units, uh, and a This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 12 medical clinic to the north. Uh, allowing multi -family to be shown on the Comprehensive Plan at this location in staff s view, uh, would be compatible. Uh, staff recommends approval of, uh, amending the Comprehensive Plan to identify this property as a 8 to 16 dwelling units per acre, which is a low-density, multi -family, uh, density. Uh, Planning and Zoning Commission also recommended approval. Be glad to take any questions. Throgmorton: Any questions for John? Thanks, John! Would anybody else like to address this topic? If not, I'm going to close the public hearing. (bangs gavel) b. CONSIDER A RESOLUTION Botchway: Move the resolution. Thomas: Second. Throgmorton: Moved by Botchway, seconded by Thomas. Discussion? Well I'm going to sor... support the, uh, motion. (several talking) Yeah, okay, so, uh, no further discussion? Roll call. Motion carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 13 ITEM 6. PLANNING AND ZONING MATTERS ITEM 6b REZONING CAMP CARDINAL ROAD — AN ORDINANCE CONDITIONALLY REZONING 3.48 ACRES OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF CAMP CARDINAL ROAD AND GATHERING PLACE LANE FROM PLANNED DEVELOPMENT OVERLAY (OPD -5) ZONE TO LOW DENSITY MULTI -FAMILY RESIDENTIAL (RM -12) ZONE. (REZ16-00007) a. PUBLIC HEARING Throgmorton: I'm going to open the public hearing. (bangs gavel) Do I need to ask about ex parte here right now ... yeah, okay, so uh.... have you, any of you had any conversations with anybody on this particular topic? No? Uh... all right, so we can move ahead. John! Yapp: Uh, this is regarding the same property. Uh, now at the rezoning stage, again the property is north of Camp Cardinal Boulevard, east of Camp Cardinal Road. Uh, this is a, uh, concept plan of the site, uh, layout of the property, and it's a little bit difficult to read, but there would be two buildings on the property, one here where my mouse is and the other one, uh, here at the comer. Uh, both buildings would have underground parking, uh, as well as be served by a, uh, surface lot to the south of the first building. Uh, there is a .... a creek along the southern part of the property which would not be touched, uh, with this project. Uh, the wooded corridor along the creek would not be touched, but there would be, uh, some clearing of woodlands, uh, for construction of the buildings and the, uh, parking area, but leaving the wooded creek corridor, uh, remaining as it is. Uh, this is a graphic of the proposed elevations, uh, of the building. Uh, there was some discussion at the Planning and Zoning Commission level of the appearance of the building, uh, as is reflected in the minutes. Uh, the Commission, uh, at the time of the discussion did not, uh, wish to micro -manage the design at that time, but did recommend a Conditional Zoning Agreement, uh, to require the .... the building be subject to design review, uh, with the City Design Review Committee, uh, prior to a permit being issued. Uh, Planning and Zoning Commission did recommend approval, subject to a Conditional Zoning Agreement, uh, requiring general compliance with the, uh, concept plan, payment of neighborhood open space fees, which is normally a subdivision requirement, but in this case it's just a rezoning, not a subdivision, uh, approval of exterior building design by the Design Review Committee, and provision for usable outdoor space features, uh, to benefit future residents of this building, uh, such as outdoor dining areas and, uh, lawn area for recreational use. Be glad to take any questions. Throgmorton: And the developer has agreed to those, that....(both talking) Yapp: Yes, they have. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 14 Throgmorton: Any questions for John? Hearing none, thanks, John! Uh, would anybody else like to address this topic? Okay, hearing none. So I need to check with our Council Members to see if you are inclined to vote in accordance with the Planning and Zoning Commission's recommendations? I see nodding, nodding, nodding, yes. Okay, so I'm going to close the public hearing. (bangs gavel) b. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Dickens: Move first consideration. Mims: Second. Throgmorton: Moved by Dickens, seconded by Mims. Discussion? Thomas/ Well I think the, uh, comments made at the Planning and Zoning Commission are certainly, uh, critical, I think, to the success of this project. I know for some time I've .... I've raised concerns about, uh, these sorts of projects where we have relatively large acreages with some area that's reserved, uh, because of their sensitive nature, and so you ... you end up in effect with what I would call a compacted density because it's not cover the.... covering the entire site. So, you know, this is 54 units on .... I don't know, maybe half the site. So you're talking a density of maybe 30 units per acre, in an area where you do not have, uh, easy access to parkland, partly because the area hasn't been developed yet, but ... um, it .... when .... when we permit and ... and promote density, there are conditions that have to follow that, and .... you know, so that's why the, you know, the concerns and conditions that were placed on the approval, I think, are important. Throgmorton: Other comments? Hearing none, roll call. Motion carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 15 ITEM 6. PLANNING AND ZONING MATTERS ITEM 6c VACATION OF RIGHT-OF-WAY ELLIS AVENUE — ORDINANCE TO VACATE ALLEY RIGHT-OF-WAY BETWEEN 320 AND 322 ELLIS AVENUE. (VAC16-00002) a. PUBLIC HEARING Throgmorton: I'm going to open the public hearing. (bangs gavel) Yapp: Uh, Mayor, I'll present ... with your permission I will present the, uh, analysis of the vacation request, and then, uh, refer to a staff memo in your packet regarding, uh, the residents... of the property. Uh, this property, or .... or this application is regarding alley right-of-way to the south of 332 Ellis Avenue, uh, on the east side of the Manville Heights, uh, neighborhood. Uh, the applicant, uh, the owners of 332 Ellis have applied to the City to vacate, uh, this right-of-way, which is currently a gravel alley. Uh, and then they have also submitted a purchase offer of the property, uh, which we would schedule that purchase offer for the, uh, third reading of the vacation ordinance. All the surrounding property is zoned RNS-20, which stands for residential neighborhood, uh.... support zone. This is a larger view, uh, of the property and the context of the surrounding properties. Uh, there's Ellis Avenue, McLean Street, uh, another private, uh, north -south street, all providing access, uh, to these, uh, multi -family structures. This is a photograph of 332 Ellis Avenue. Uh, you can see the gravel alley, uh, the adjacent properties all have parking, uh, directly off of the alley, uh, which would not be a design that would be, uh, approved today under new construction. Uh, today we would require a buffer in between, uh, parking and the alley. Uh, but it is the existing situation. Uh, the structure at 332 Ellis Avenue, uh, is an eligible, uh, historic property, but is not designated, uh, as such. And another, uh, view of the alley in question. Uh, part of the vac ... an analysis of a vacation ... uh, as outlined in the staff report, is would vacating this alley inhibit vehicular and pedestrian circulation and access to property? Uh, one of the staff recommendations and Planning and Zoning recommendations is that .... is preserving a public access easement on the property so that any such access is not inhibited. Uh, regarding utilities, uh, the alley does contain water and sewer, uh, utilities. Uh, leading to the recommendation that utility easements be retained. The impact of that and the access easement is that no structure could be constructed on ... on this property, uh, because of those easements that would remain. Uh.... impact on access to adjacent private properties, again with the access easement that would not be prohibited, uh, and any other restrictions, uh, on the property, and we've discussed the utility, uh; easements. Uh, staff and the Planning and Zoning Commission have recommended approval, subject to an access easement being retained, uh, utility easements being required, uh, the property being paved and improved, uh, consistent with today's, uh, standards, uh, and subject to the approval of a special exception for a fraternity on the property. Uh, the Board of Adjustment has approved, uh, that special exception, This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 16 uh, for up to 19 residents, uh, of a proposed fraternity on the property. Uh, the reason the owner wishes to purchase this alley right-of-way is that our .... our density is calculated based on lot area. Uh, without, uh, owning this alley right- of-way they could have up to 16 occupants; with purchase of this property they could have up to 19 occupants. Um, so that's really their .... their goal in requesting to vacate and purchase this property. Uh, staff met with the owners, uh.... late November, early December to discuss our concerns, uh, with the existing residents of the property. Now I'm referring to, uh, the memo, uh, in the packet regarding, uh, the existing occupants. Uh, given the, uh, other experience with multi -family properties being redeveloped, uh, staff emphasized the need for notification, uh, to the existing residents, uh, relocation expenses, uh, return of their security deposits, and assistance with finding other, uh, comparable housing, uh, for the residents. Uh, the owners did follow up with, uh, letters to the occupants, uh, and with setting up office hours on the property to meet with the current occupants. Um ... and in those letters did offer, uh, those things that I outlined. Uh, financial assistance of $550, uh, per room. Uh, full return of security deposits. Assistance with finding other housing. (coughs) Excuse me! Uh, while those types of conditions are not appropriately part of a vacation analysis, uh, which is all about access and utilities, uh, because they have requested to purchase a City property, staff, uh, will recommend those conditions be a condition of any sale of this property. Uh, and you'll see that again with the third reading of the vacation ordinance. Be glad to take any questions. Throgmorton: Any questions for John? Yapp: Thank you. Throgmorton: Thank you, John. Would anybody else like to address this topic? Not seeing anyone, I'm going to close the public hearing. (bangs gavel) b. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Thomas: Move first consideration. Botchway: Second. Throgmorton: Moved by Thomas, seconded by Botchway. Discussion? Cole: I guess I'm very impressed at how proactive staff was on this in terms of working out a possible solution, so I'm .... kudos to you, guys. I know it's a very tough situation. Um, but I feel like you took a lot of proactive measures, based upon what we've seen before, so really appreciate that! Throgmorton: Yeah, I .... I couldn't agree more. We all know we had a very difficult discussion back in, I don't know — the spring, that indirectly relates to this, and I'm really very pleased to see the staff take advantage of opportunities that are actually This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 17 available to help the residents of that structure. Any further discussion? Hearing none, roll call. Motion carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 18 ITEM 7. HICKORY HILL PARK TRAIL BRIDGE REPLACEMENT — APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HICKORY HILL PARK TRAIL BRIDGE REPLACEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS a. PUBLIC HEARING Throgmorton: Open the public hearing. (bangs gavel) Would anybody like to address this? Seeing no one I'm going to close the public hearing. (bangs gavel) b. CONSIDER AN RESOLUTION Botchway: Move resolution. Dickens: Second. Throgmorton: Moved by Botchway, seconded by Dickens. Discussion? Bob Sessions, if you are watching this on television, I hope you notice that we are acting on this particular resolution. Cole: We really need this too! Throgmorton: Any other comments? Hearing none, um, roll call. Motion carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 19 ITEM 8. PUBLIC SAFETY FUNCTION OF LOCAL LAW ENFORCEMENT. RESOLUTION REAFFIRMING THE PUBLIC SAFETY FUNCTION OF LOCAL LAW ENFORCEMENT Throgmorton: I want to say, uh, the following before we get the motion .... I want to get the motion on the floor first, so is there a motion to approve? Botchway: Move resolution. Mims: Second. Throgmorton: Moved by Botchway, seconded by Mims. So, uh, I'd like to say just a few words before we, uh, ask invited .... or before we ask interested people to speak and address this particular topic. This resolution does not propose anything different from what Iowa City has long been doing. However, in light of public concerns, we are explicitly reaffirming that the focus of our law enforcement efforts should be on protecting the safety of our residents and visitors, and that the City's law enforcement resources will not be used for the immigration enforcement, except as necessary for public safety or as otherwise required by State or federal law. Put in less legal language, we are affirming that Iowa City is and will continue to be a safe and welcoming city for all its residents and visitors. So, with that in mind, uh, I'd like to invite anybody to comment on this partic... proposed resolution. I would make one request, first, would you please raise your hands if you intend to speak. I want to get a sense of how many people might want to talk. Are there others out in the anteroom? Uh... yeah, uh....I think I'm going to ask you to limit your comments to three minutes each. Uh, seems like there are about 20 people right here and there may be others out there that want to speak. Uh, and when you come up to the podium, would you please state your name and address. So, um ... would anybody like to address this topic? Sure! Hi! Zapata: My name is Nicole Zapata. My address is 629 E. Jefferson Street. So I'm a student at the University of Iowa, political science and economics major, and I'm also an intern at the Center for Worker Justice, and I briefly wanted to talk about how immigration has helped the economy and has influenced the economy. Um, so for most of U.S. history (clears throat) immigrants have been working in different sectors of the economy that flourish due to immigrant labor. Um, whether it was authorized or otherwise. Um, and immigrants spend a lot of the money that they earn in the local economy. So I hope this fact can influence the City Council to pass the resolution. We thank you guys for your support. Throgmorton: Thank you, Nicole. Voparil: Could you please sign in? Throgmorton: I should have asked you, when you come up please sign in! It can be difficult to come in, to come up to the podium, sign in while also stating your name and This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 20 address. It's easy to get a little bit nervous and, you know, that's normal. Hey, how you doin' tonight? Daly: Uh, my name's Dan Daly. I live at 2325 Mayfield Road. If it's easier for anyone, there's little labels in the back they can write their name and address on there ahead of time so they just come in here and stick that down. Save a step or two. Um, I want to, uh.... applaud our City in general, and our City Council in particular for being protectors of the rights and trying to serve the needs of all residents, guests, and visitors, uh, to the greater Iowa City area. Um, it's important for us not to pick out certain groups and say `we're not gonna extend our hand to you or you or you, because you don't, uh, meet this criteria for us.' Uh, we're all people and we should all be welcomed and ... and made to feel welcome, made to feel safe, and all City departments, uh, should consider it their responsibility, uh, to live that out and to see that that happens, uh, for the sake of their taxpayers and ... uh, everyone else and their souls, I guess (laughs) Again, um ... I ... I trust the Council, uh, to be doing the right thing, and I realize that there's, uh, likely to be, uh, some.... backlash or pushback on this issue, and uh, I .... I urge you to be strong. I don't think we need to, uh, resort to any type of inflammatory, uh, labels or categories, and um..I.... I think that de-escalating the issue is probably the order of the day. Um ... we can do great things together .... we have, and we will with your help and trust. Thank you. Throgmorton: Thank you, Dan. (light applause) Good evening! Williamson: Good evening. I'm Michelle Williamson and I reside at 206 Stanwyck Drive here in Iowa City, and um, from what I read it doesn't appear to me to be an immigration issue. Uh, it appears to be a law enforcement issue, and the way that I hear you explain it, we will not be going against any federal laws, and that was my concern because with our current national government, I would hate to put Iowa City in a position where we would lose any federal monies, considering that we have the University, we have the University Hospital, and we have the, uh, hospital for veterans. So .... that would be my concern, but the way I hear you explain it, we would not go against any federal laws. Am I understanding you correctly? Throgmorton: Yeah, I don't want to respond directly here. We will have discussion after everybody comments and it should be clear (both talking) Williamson: ...was my issue, that I would hate for Iowa City to put itself in a position where we would lose any federal money. Throgmorton: Understand. Thank you. Good evening. Nova: Good evening! My name is Vitalina Nova. Um, and I live at 340 Ellis Ave. Uh, next to where that lot's gonna be vacated. Um, so thank you for the opportunity to make statements in favor of the resolution that it seems you've already decided This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 21 that you support. Um, so, uh, that the Iowa City ... the City of Iowa City benefits from the contributions of its immigrant community isn't up for dispute. Um, we also know that the local government at large and police department overtly address inequity and institutional racism through cultural competency training and relationship building with the public in identified communities. For example, ICPD's, uh, response to findings from a study of traffic stops and the City's 2015 resolution approving a plan detailing actions ICPD would take to foster community relationships speaks to the City's respect for human rights, diversity, and safety. However, the current political and social climate of the United States demands renewed clear and demonstrated commitment to the well-being and safety of the Iowa City immigrant community. The immigrant community is an indicator of the unity and overall health of a city. Um, in my .... with my involvement in the, uh, Center for Worker Justice, I've met many immigrant residents of Iowa City and surrounding areas, and, um .... what I've .... what I've seen is a vibrant community that stands and speaks in solidarity with their neighbors and their own rights. Um, and so policing based on immigration or legal status would fracture any previous gains made by the Police Department and also would hurt those values that we see that I've de ... described, um, that I see as, uh, CWJ members. Um, so that's a scenario that seems hard to imagine for me. I've come to see Iowa as a .... as a college town, um, with a lot of heart. It's a cultural and intellectual haven. Um, but avoiding or refusing a declaration of respect that reinforces both immigrants and police as a part of our community, um, and that also underscores that ICPD exists to protect the safety of the public, goes against the City record. Um, and urn .... I don't .... (mumbled) three minutes? Throgmorton: Got 30 seconds! Nova: 30 seconds! (laughs) Okay! So, um, just a few years before my birth, my parents decided to move to the U.S. for the same reasons we've come to known .... know as the `American experience.' Um, they got their papers in order, boarded flights to the U.S. from their respective countries, um, but there's nothing that makes me or my parents more worthy of safety and protection of the police than if we had a different immigration status. Um, nonetheless, my parents lived in fear that any of us, um, could be unfairly deported by the police, uh, both because of the mistrust that they carried with them, um, of the police in their home countries and also because they had a misunderstanding or a lack of understanding of how local law enforcement works in the United States. Um .... the hatred that's been unmasked by recent events has left a lot of people feeling a similar mistrust and fear, um, and I'd like to think we're different, which is why, um, glad to see that this resolution is, um, is being discussed. Tbrogmorton: Thank you. (light applause) Good evening. Marcella: Good evening, um, my name is Marcella. I am a member for the Center for Worker Justice, but I speak (mumbled) English, my friend interpret for me. (speaking through interpreter) I'll be interpreting for Marcella! Thank you so This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 22 much for the resolution that you've passed. It makes the community, uh, feel secure. Um, there's a lot of trust that's been built with the community, the police, um, and the county, and we hope that it really continues this way. And the only way that this trust is going to continue is if people feel safe talking about whatever circumstance or whatever situation might arise, and we really want this trust to continue. Um, and that everyone would understand what their role is so that we can all keep working together. And just that, thank you very much! (applause) Throgmorton: Thank you, Marcella! Wait a minute, you were just there! (laughs) Stevens: Um, my name is Cirisa Stephens. Do I need to say my address? Throgmorton: (several responding) No. It was just .... you can say Iowa City or.... Stephens: Okay. Yeah, I'm an Iowa City resident and I just want to say that I also support this resolution. I'm thankful it's on the table and I believe it'll make our community a stronger place. Throgmorton: Thank you, Krista! (light applause) Salih: My name is Mazahir Salih and I live in 2355 Jessup Circle. Iowa City. I'm the President of the Center for Worker Justice. I just try to say something about this. We are proud to live in our community, where everyone have done incredible work in recent years to come together, build unity, and create measurable progress for our entire community. At the Center for Worker Justice, we are immigrants, and U.S. born, we come from many races and religion, tradition. We speak a dozen language and our difference is more (unable to understand) what we have in common. We work to make living and building a future, we pay taxes, helping each other. We love our community (unable to understand) improving it. Our experience shows that when we stand together and defend each other, our whole community will benefit. Together we have shined the spotlight on workplace abuse and recover unpaid wages. We won a long overdue increase in the minimum wage. We have stood up for affordable housing, and we have worked hard to improve trust between local law enforcement officer, uh, official, and minority communities, making our community safer for everyone. The job of our local police is to protect and serve the people of our community. That's the only possible... that's only possible when victims of witness a crime feel safe, contact the police. Over the past five years, CWJ members have work hard to improve trust between police and immigrant communities. And we feel there has been remarkable progress. Tonight resolution send an emboldened message that the City will maintain it is long traditions of recognizing immigration .... enforcement, exclusively is a federal matter, a tradition that has worked to build safer and more inclusive community. And by passing this resolution tonight, you are doing the right thing for the Iowa, uh, Iowa City residents. Thank you. (applause) This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 23 Throgmorton: Thank you, Mazahir! (applause continues) McCarthy: Good evening, uh, I'm Carol McCarthy, Iowa City resident. Uh, I'm also a University of Iowa student/graduate. I'm graduated but I'm also intern, which makes me a full-time student so it's a little confusing! Uh, I ... see a lot of students here tonight. I see a lot of community members. Um, and I'm very happy to see the turnout and that the City Council is here discussing, uh, the resolution very seriously, and in regards to an earlier question about, um, losing federal funding. We can't lose federal .... I don't see why we'd lose federal funding if we're not breaking a federal law. Um, and so I don't believe that that is a concern. Uh, and ... as far as ... what was addressed earlier is that Iowa City, uh, many Iowa towns are heavily reliant upon, uh, immigrant communities and involvement. We have towns like Sioux City, North Liberty, many Iowa towns that are built upon, uh... the community, uh, working together and inclusivity of immigrants and, uh, towns that would go bankrupt and have gone bankrupt and have essentially been bailed out by immigrants, uh, coming and helping, uh, and being an essential part of, uh, a community and town. Um, I think that, uh, what we are doing here in Iowa City is very beautiful and I'm so appreciative ... appreciative of the City Council, um, tonight and uh, just want to say thank you and as, uh, I know I .... this is comforting for many people in the community. So, thank you. Throgmorton: Thank you. (applause) Good evening. Elizabeth: Good evening. My name is Elizabeth, uh, and I'm living here in Iowa City and I'm just come to say thank you for taking this time and I really appreciate it cause you got to discuss tonight and that means somethin' for us. That means you guys have a good point and really care about the community. Uh, community I think really want to be ... they have really strain communication with the police, and all the legal things. So immigrant want to be continue to work with the police and everybody, follow the rules because if I'm (unable to understand) follow the rules and every .... legal thing so ... I think ... it's really good to have you guys this night to ..... put all this together and see how that gonna work. I just want to say thank you for being really care about the community, that sometimes we feel like we forget and (unable to understand) nobody seen nobody and that even if we have problems, nobody want to see, but tonight you guys make a different thing in our lives because that makes me feel like you guys have some important things, thinkin' about us, immigration community. Thank you. (applause) Throgmorton: Thank you, Elizabeth. (applause continues) Maggos: Hi, my name's Nick Maggos and I am a graduate student at the University of Iowa and also, um, on the Executive Board of our Graduate Student Union, and I just wanted to read a statement from our President and reaffirm that statement myself as well. Uh, City Council Members of Iowa City, I urge your adoption of the resolution, resolution reaffirming the public safety function of local law enforcement, and I also ask that you take any and all steps to ensure City This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 24 information does not fall into the hands of those who might use the information to perform deportations. Our union published a statement on December 10, 2016. We there endorsed the movement to make the University of Iowa a sanctuary campus. Our statement begins: As representatives of the interests of the graduate student community, we must publicly condemn the vitriol we have seen during and after the election cycle. We stand with our brothers and sisters who are black, Latino, Muslim, LGBTQ, disabled, or members of any other marginalized group. The violence and hatred we have seen directed at these individuals, both around the country, in Iowa City, and on our campus is absolutely unacceptable. COGS, which is our graduate student union, affirms the value of ensuring all of our members... affirms the value of ensuring all our members feel at home in our community. And we endorse the movement to make the University of Iowa a sanctuary campus. Our international students are our brothers and sisters and must feel safe at home and on our campus. It is out of a heartfelt desire to make our brothers and sisters feel safe and at home in Iowa City, but I express our union's support for the resolution. The City's rezolu.... resolution accords with our locals insistence that all members of our community should feel secure in our city. This is an urgent matter. Threats of deportation are not ideal to a disturb large... disturbingly large number of Trump's most ardent supporters. There's every reason to believe that this passionate minority will use whatever means it has available to it to bring its rotten anti -immigration dreams to fruition. The City Council would do well to consider any and all steps to purge its databases in its various agencies of information that might be maliciously used against the most vulnerable members of our community. A federal agency cannot force us to turn over information that we do not have. But we must be proactive in taking steps to limit the information we collect and store that could be twisted into a weapon and used against members of our Iowa City family. And that's from Landon Elkind, the President of UE Local 896. Thank you. Throgmorton: Thank you, Nick. (applause) Anyone else? Good evening. Oscar: Good evening. My name is Oscar. I'm a immigrant. I also support the resolution and I believe that is good for all immigrants and all the .... all the people who came from different parts to pursue happiness and be able to participate in the community, and .... I think I ... we all have the right of, uh, develop ourself and be part of a big group and .... be part of this beautiful country and this beautiful state. Throgmorton: Thank you, Oscar. (applause) Marguerita: (speaking through interpreter) Good evening, my name's Marguerita. In the name of all the, uh, Hispanic, Latino citizens, and immigrants in Iowa, I want to thank all of you. Thank you for this resolution. Um, it's really good for all of us, for Latinos, for people with black and brown skin. Um, we're all brothers and sisters and we're here working to better the future of everyone, and we want to keep working together. Thank you so much. (applause) This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 25 Throgmorton: Thank you, Marguerita! (applause continues) Good evening! Hartman: Good evening. My name is Sally Hartman. I am a resident of Iowa City. I guess I have to sign in. I am here on behalf of a group called the Racial Justice Circle of the Unitarian Universalist Society of Iowa City. They've asked me to speak ... in support of this resolution because it upholds the inherent worth and dignity of all in our community. I'm putting on another hat. I am .... I work in the schools, I'm a school psychologist, and I know that children learn better when they are safe and secure. This resolution supports those children's learning, and as a result, our entire community will benefit. Throgmorton: Thank you, Sally. (applause) Good evening, Royceann! Porter: Hello! Hello, everybody. Royceann Porter. Um, I just wanted to come and say that I stand with our community, our immigrants, um, African-Americans, whoever. I just want to say that I am in full support. I thank you for this resolution. Um, we all saw what happened to the Villatoro family when Max was deported. It was a hurtin' feeling for everybody. Um, I met Max (laughs) back in 1993, saw his kids raised here in Iowa City, and met his wife, and have known them forever, and to see Max get deported was a hurting feeling. So I ... I stand with our people in our community and just say that I hope that this passes. Thank you. (applause) Throgmorton: Thank you, Royceann. (applause continues) Good evening. O'Brien: Just one more real quick! I'm Kelly O'Brien. I'm a resident of Iowa City. Um, I speak as a private citizen and also as a, um, immigration counselor at IC Compassion in Iowa City. Um, we work with a lot of refugee and immigrant families, and low-income families here in Iowa City. So I just want to say we speak in support of this resolution as well because of a large amount of fear that we've seen with kids and families since this has happened, and also as a private citizen of Iowa City I think it's really important to send this message as a community. So I appreciate your guys' time and for being here this evening. Thank you. (applause) Throgmorton: Thank you, Kelly. (applause continues) Good evening. Marta: (speaking through interpreter) Good evening to everybody. My name is Marta; I live herein Iowa City. I'm just hereto thank you for your support. Um, just as I hope that you continue your support for us as we continue our support for the city, and I'm here to show my support for the city and for other Latino and Hispanic residents. And I hope that all the Latinos, uh, living here can continue to feel like we can live here, um, without fear or anything like that, with the ... with your support. So thank you. (applause) Throgmorton: Thank you, Marta. (applause continues) Good evening. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 26 Marta: (speaking through interpreter) My name is Marta . I'm a resident here in Iowa. I thank you so much for putting this resolution on the table. Uh, I think it's really important for the community, whether you're, uh, African-American, Hispanic, or from whatever other group in the community. It's really important that they, um, can have good communication with the police without any fear, um, of anything related to migratory status. Also for all the crimes that have been happening lately. I think that if there is good communication, like I said before, between the police and the minority communities. Um, it's important that members of the, of minority communities if they end up being witnesses to any kind of crime can communicate with the police without any fear of, um, retribution based on their migratory status. Um, also my own cousin, uh, it happened to her that she was, uh, that this happened with a crime that happened in Coralville in a fast food restaurant. She said the .... the fear that she might have experienced isn't maybe the same as if somebody had pointed a gun at her, but she did have fear, um, from being a part of it and communicating about it. I hope this resolution passes because it's going to benefit a lot of people in our community. Thank you. Throgmorton: Thank you. (applause) Good evening. Peterson: (mumbled) sign in. Good evening, everybody. Um, just want to write this down real quick. Um ... you know, I'm actually (both talking) Throgmorton: Could you say your name (both talking) Peterson: Sorry, uh, Zach Peterson. I live on 612 S. Van Buren Street. Um, I'm also an organizer with SCID, the Healthcare Workers, uh, Union here in town. I'm also the, uh, Treasurer for the Iowa City Federation of Labor, uh, but I wanted to speak tonight just as a .... as a member of the community. Um, you know I'm pretty lucky. I'm a, you know, white male who happened to have been born in this country, so whenever I, you know, interact with law enforcement, uh, if I feel unsafe it's not because of my identity or where I'm from. Um, it's probably something I might have actually done. Um, but you know unfortunately that's not the case for a lot of people in our state and in our country right now, and we're living in a, you know, time where people are playing on as many fears as they possibly can for their own sort of narrow political ends. Um, so, you know, the City Council tonight has a chance to reaffirm, uh, their current law enforcement policy, which doesn't create unnecessary fear in our community. Um, and I have faith that the moral conscience of those of you who are on the City Council are strong enough to stand up to the, uh, the.... atmosphere of fear that's being created, uh, in the country right now. Um, and I know that we're stronger as a community when we stand together than when we start to, uh, divide ourselves, based on pretty arbitrary lines. Thanks! (applause) Throgmorton: Thank you, Zach. (applause continues) No one else? All right, uh, well we have .... a motion on the floor, do we not? Rafael, are you going to speak? This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 27 (laughter) No? Okay. So we have a motion on the floor, right? Okay. Discussion? Taylor: I think ... what I'd like to say is what I find most frustrating about this matter is that it's been blown all out of proportion, uh, primarily by an outside entity, uh, with a lot of misinformation, uh, being spread that's led to, uh, fear and intimidation, and although I appreciate everyone's opinion, that's what makes our country great, that we are able to speak out how we feel and what we believe in. We as Council Members, uh, have even received some very inflammatory letters, which... which has been hard for me cause I see this as a public service that I'm doing, to receive these kinds of letter, with the language in them, it ... it's very frustrating. Um, because I'm proud of our efforts, uh, to bring our community together. Uh, we value all residents of the community, and that's been seen, I think, by our actions and our statements, that we do support this very diverse community that we have here in Iowa City, that we've been proud of for many, many years. It's been a big part of our community, be the melting pot, not only with people coming to the University, which is a big part of it, but just to join our community and live here, and work here, and... and be proud to live here and feel safe here, and so I'm ... I'm very much in support of this resolution. Botchway: I would agree as well. You know, um, this is a very important resolution. I want to highlight, um, the work that the Center for Worker Justice, as well as the Police Department. I know that Interim Chief Campbell's kind of back in the corner over there (laughs) um, but you know, four years ago, um, really one of the concerns that came out from that Ad Hoc Diversity Committee that many of you, um, were a part of was trust, and so I ... I feel like, you know again, the work that has been done by not only the Police Department but the multiple groups, including the CWJ, to really, um..build that trust, um, is important here, and a resolution reaffirming what we've already done is important as well. I do, as Pauline has done, want to address, um, not only the calls that I've received, um, in various instances, but also the letters as well. And as a son of an immigrant, the generalization of the immigrant community as violent is not only disgusting, offensive, but it's just flat out wrong. Uh, while I'm always open to differing views, spreading fear and intimidation will not work to divide this community. This is a welcoming community and ... and just to be clear, uh, I will always support efforts to make it so. Thomas: I also happily support the resolution. In fact I had a question as to whether it's available in ... other languages other than English? Dilkes: Not currently. I'm sure we (both talking) Thomas: I think, um, and the reason ... one of the reasons I ask that is I think it's extremely well crafted and, um, there is so much misinformation about what is entailed in this resolution, what the, uh, this discussion is focusing on, so I would encourage This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 28 everyone to read the resolution, uh... in the hopes of. ... of overcoming some of that misunderstanding, but I'm ... I'm strongly in support of the resolution. Cole: Yeah, and I want to address some of the phone calls as well. I've received so many phone falls where the first thing out of their mouth is is they're concerned about community safety. And I tell `em, I say well, gee whiz, I'm concerned about community safety too. And can we have a conversation? And as we actually exchange ideas and .... and talk about what we're actually doing, which is we are reaffirming community safety, we are keeping channels of communication open, and we are rea... reaffirming the status quo, and at the end of those conversations, often times says well, geez, if that's what you guys are supporting, well then I support that too! And for the people that oppose that, we did not have anyone that were opposed to this initiative, um, during tonight, and that's too bad. I mean we always incur... encourage people from all sides to come and feel welcome, but I do want to address them. Um, please reach out before you get angry and you ... and you think you know what the policy is. Ask us what it is! Because I think once you do, you will see that if anything, this is just reaffirming 200 years of precedent, which reaffirms that the federal government is solely responsible for immigration, and states historically have been the guarantors of public safety. Now in the last 20 years, those functions have merged. Um, so we're really just reaffirming old fashioned values and reaffirming the status quo of what we've done for the last 10 years, but we felt that it was very important for us to clearly express what our values are and our values are inclusion, that we're welcoming, and regardless of where you're born or where you come from or whether you have a passport stamp, you belong in the city of Iowa City, and that's what this affirmation does. Mims: I would agree, and I would .... kind of piggyback a little bit on what Rockne said, I mean, to me this is all about.... primarily public safety. That is the first thing. I think when the County, um, and others took the initiative on the community I.D.s, that was also about public safety. Giving people a way to have identification in dealing with whether it's the police or libraries or whatever, where they didn't have to be asked questions about their immigration status, they could have the identification, allowed them to participate more in the community than they could without that identification. I think clarifying what our policies are, the fact that immigration enforcement is a federal act, not .... it is not for our local police to be doing, and reaffirming that so people understand that, helps continue to build that trust that we really I think started to develop in this community, and again, that becomes about public safety. The comments made earlier about people being, you know, afraid to be witnesses to the police, um, being afraid questions are going to be asked, and so I think it's really important that what we're doing is, again, to be welcoming, for public safety, and does not in any way violate federal law. I think that's really important. Dickens: I just think it's sad that we have to revisit this on a regular basis. I know many years ago I met with Father Rudy Juarez from St. Patrick's and .... and our Police This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 29 Chief at the time, Hargadine, and this is when it .... Sanctuary City had come up the first time, and we discussed it. Eleanor wrote a very ... very informative letter that convinced us we didn't need to be a Sanctuary City. Our Police Department has been acting ... not as a Sanctuary City, but inclusive, not ... breaking any laws, but following the immigration laws the way they're written. So it's .... it's just sad we have to keep doing this, but it ... in the same tone, it's very nice that we bring it up again so everybody in this community knows that it is a safe place to live. Throgmorton: Well said, all! I want to thank our City Attorney, Eleanor Dilkes for crafting this resolution so skillfully. And I think John's right, we'd be very good to translate it into a few other key languages. Uh, I'm very proud to support this resolution. I'd also like to respond briefly to people, especially fellow Iowans, who live outside of Iowa City, and who have communicated with us by phone or email. Many of them have criticized us, sometimes as .... as has been said, in very harsh and threatening language, for even discussing this topic. They've repeated a few key claims, and I want to respond to a few of them. First, the first claim is we should not be designating Iowa City a Sanctuary City. Well, we're not designating Iowa City as Sanctuary City. We have explicitly chosen not to do that. But we are, as Terry just said, a safe and welcoming city, and we will be focusing our law enforcement efforts on protecting the safety of all our residents and visitors. A second key claim that I ... that we've heard is that we would be harboring dangerous criminals. No, we would not! The claim presumes that undocumented residents are dangerous criminals. There is no evidence that undocumented residents of Iowa City are dangerous. In the past five years, that is from 2011 through 2015, there were only two murders in Iowa City. Only two, I mean I'm sorry that those two occurred, but .... does that sound to you like a dangerous place? And over that same time period, we averaged roughly a little over four violent crimes annually for every 1,000 residents. This place has problems, but it is not a dangerous place. It is not full of dangerous criminals, and we intend to keep it a safe and welcoming place for all its residents and visitors. And as some ... some of our speakers have said, if undocumented residents fear they will be deported simply for being undocumented, they will avoid reporting to the police crimes they witness or have committed against them. This would make all of our residents feel less safe. It's not what we want to do! So here's the third claim. We would be violating federal law and would be aiding and abetting dangerous criminals. No we would not! Our proposed resolution, crafted so skillfully by Eleanor Dilkes, has been carefully crafted to account for existing law, existing laws, and court decisions, that they've been taken into account in this resolution. Moreover, the resolution explicitly states, sorry for the legalese language here, that it does not "in any way condone, encourage, or assist the violation of federal law," which makes it a crime for any person to "knowing or in reckless disregard of the fact, that an alien has come to, entered, or remains in the United States in violation of law, conceal, harbor, or shield from detection such alien in any place, including any building or any means of transportation." So what I'm trying to say is, this resolution has been crafted very carefully to make sure that we continue to have a safe and welcoming place, and that we follow the This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 30 law .... so that, um, you know, none of us, none of you, get in trouble in that ... in that just sort of narrow legal kind of way. So there are other things I could point to, but those area few key claims. I'm very proud to support this resolution. Any other discussion? Okay. Roll call, please. Motion carries 7-0. Thank you all for coming tonight. (applause) Voparil: Motion to accept correspondence. Mims: So moved. Botchway: Second. Throgmorton: Motion by Mims, seconded by Botchway. All in favor say aye. All opposed. Motion carries. We'll wait a few minutes and let people, uh, leave. I'm sure you have things to do, like take care of your kids and stuff like that. (several talking in background) This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 31 ITEM 9. CLIMATE ACTION STEERING COMMITTEE - CONSIDER A RESOLUTION AUTHORIZING THE CREATION OF CLIMATE ACTION STEERING COMMITTEE Botchway: So moved. Thomas: Second. Throgmorton: Moved by Botchway, seconded by Thomas. Discussion? I'd like to point out one thing. It's a textual error in the resolution. Uh, the last line of the, uh, `therefore,' uh, clause ... uh, the .... the last sentence should read `2050' instead of 2080.' It does read 2080 at the moment, doesn't it? Dilkes: We'll fix that! Throgmorton: Yeah. Okay, uh, any discussion? Hearing none, roll call. Motion carries 7-0. Well that was easy! (laughter) Now you have to create the committee! (laughter) Get a few members and things like that! This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 32 ITEM 10. FOOD TRUCK VENDING - ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 4, ENTITLED "PARKING REGULATIONS," TO ESTABLISH A PILOT PROGRAM FOR FOOD TRUCK VENDING IN THE DOWNTOWN. (SECOND CONSIDERATION) Botchway: Move second consideration. Mims: Second. Throgmorton: Moved by Botchway, seconded by .... Mims. Discussion? Hearing none, roll call. Hold on! Frain: You might want to check if there's anybody that wants to speak to this in the audience. Throgmorton: Good point! Thank you. Sorry! Yeah, oh, I'm sorry! Ga .... and I, you know, you and I have talked about this, so thank you for coming. Craig: Yes, yes we have. Uh, and I apologize for not being here on the ... the first consideration. Uh, my name is Nick Craig. I live at 209 N. Linn Street. Um, I'm owner/operator of Brix's Cheese Shop and Wine Bar. Uh... been in the restaurant business since I was .... I'm a Iowa City resident. First job was in a restaurant. Still workin' in restaurants. Um, so I understand the business and how difficult it can be. Um, I also understand the investment that goes into a brick and mortar business. I currently live at Brix's, urn .... I sold my house to get there, and it's to consider... someone else bein' able to kind of not invest what I have and come in and take advantage of the neighborhood that I'm invested in, whether I'm open or not, does kind of rub me a little the wrong way. I am a small guy. I'm not tryin' to crash somebody. Um, I'm tryin' to stay afloat myself. It's a competitive market, and ... uh, it's incredibly, uh.... you have to invest a lot of money and time. Uh, you can't just sail away, you know. You're there 365, 24/7, regardless of when you're open. Regardless of if it's nice outside. Regardless if there's people around. You're there. All the time. Um, and to have a food truck be able to come in, in front of my business, whether I'm open or not, just again rubs me the wrong way, and I'm not tryin' to say that food trucks aren't a good, uh, business model. I'm not trying to, uh, say that they shouldn't exist. Um, but I don't think that the place for their existing is in the highest density, most competitive, most expensive, most regulated district in Johnson County. For them to come in, and have less regulation and less investment in the neighborhood, and to be able to do their business just seems, honestly, a little unfair. That is all. Throgmorton: Thank you, Nick. Geoff, could .... could you remind us, please, of, uh, when the pilot program would begin, uh, and when it would end. Simon, you could do that? This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 33 Andrew: Sure! We're targeting the week after spring break, um, so we wanted to look at a time when students would be here. Um, we have a meeting set up with the Downtown District and the Mobile Vending Association and then a couple of key City staff members next week, next Tuesday, um, so we'll hammer it out then, but tentatively 90 days, starting the week after spring break. Throgmorton: And what are the borders again for this pilot? Andrew: Um, we haven't defined the exact locations. Uh, the places we're considering is, uh, Dubuque Street, uh, in between Iowa and Jefferson. That is one location that's, uh, frequently where the food trucks park when they operate during the daytime hours now. Um, Linn Street was another option that we had looked at. Linn Street between College and Washington. Throgmorton: Okay. Thank you. Uh, does anybody else want to address this topic? Okay, uh, seeing no one else, discussion? Cole: Super quick, I think Nick brings up some really, really good points. Susan brought up those same concerns, as well, and I think that they're totally valid. It's totally, um, legitimate issues to raise, um, we completely understand that. I think that's one of the reasons why we wanted to try to do the food pilot, so we could carefully monitor what the impact was, and whether we could .... I think the goal is to get that 10 to 2 timeframe. I know there are some bricks and mortars open after that time, but that was our goal. We're hoping that we'll be able to ... to hopefully have the robust growth at night and not adversely affect, but we're gonna monitor that, and I think that's why we want to do the pilot, but ... but do... thank you very much for bringing that up and please give us feedback at the end of that process. Mims: Yeah, and I agree, Rockne. I wouldn't support this if it weren't a pilot. Cole: Yes! Mims: I mean, I'm .... I'm willing to support it as a pilot. Let's try it out. I hope the bricks and mortar people will, you know, kind of keep tabs on their business and how they can document and show they're being affected or not affected, and I think that should have an impact on whether we continue this after the pilot as well. And whether it means doing away with it, whether it means changing locations, changing hours ... but to me, that's why I'll support it, just as a pilot program. Botchway: And I would also state... Simon, as we're kind of into making these discussions, I ... I think that's a huge concern. I mean, and frankly this is why I wanted to have this conversation prior to even getting to this pilot part, I mean that's where... when we talked about it, I thought it was very important to get not only the food truck community, but the brick and mortar community to really kind of This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 34 hash out especially these particular concerns. It didn't happen at the time, and it's.... it's been a number of months since we kind of walked through that process, and so I feel good about the pilot moving forward, but I would say that, you know, that's a major concern and I think that's not only a major concern in our community but I think as you look at some of the rhetoric kind of nationally around food trucks, that's a concern as well, and so making sure that gets highlighted in some of the discussion around, um, location, some of the other things, I think is going to be vastly important, especially as we get some type of report back, um, at the end of the pilot. Thomas: This reminds me a little bit of our discussion about the stop signs (laughs) and it's .... it's this notion of being tactical, testing ideas, you know, your concerns are valid, Nick. This is why it's important to test them to see what the impacts will be, before committing anything of a more permanent nature. Throgmorton: I think the only thing I would add is the last thing I want to do is damage our existing businesses, especially a place like Brix's, which is a wonderful asset in the Northside and as you know, I go in there pretty often, and I really like it because you do such very good work! Don't want to damage that! But, we have a motion before us, okay? This is second consideration, right? (several responding) Okay, so uh.... and we've already got a motion on the floor so .... roll call, please. Motion carnes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 35 ITEM 11. WASTEWATER TREATMENT CITY CODE —ORDINANCE AMENDING TITLE 16, ENTITLED "PUBLIC WORKS", CHAPTER 3, "CITY UTILITIES", ARTICLE D, "WASTEWATER TREATMENT WORKS USERS", TO ESTABLISH UPDATED INFLUENT LIMITATIONS AND TO ESTABLISH MAINTENANCE RESPONSIBILITIES. (SECOND CONSIDERATION) Throgmorton: Second consideration, but I think there's a motion to waive, so.... Mims: I move that the rule requiring that ordinances must be considered and vote don for passage at two Council meetings prior to the meeting at which it is to be finally passed by suspended, that the second consideration and vote be waived, and that the ordinance be voted on for final passage at this time. Botchway: Second. Throgmorton: Moved by Mims, seconded by Botchway. Discussion? Hearing none, roll call. Mims: Move final passage at this time. Botchway: Second. Throgmorton: Moved by Mims, seconded by Botchway. Discussion? Hearing none, roll call. Motion carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 36 ITEM 12. TRANSPORTATION NETWORK COMPANIES - ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 3, ENTITLED "TRANSPORTATION NETWORK COMPANIES," TO REPEAL ORDINANCE NO. 16-4663 REGARDING CITY LICENSING OF TRANSPORTATION NETWORK COMPANIES. (SECOND CONSIDERATION) Throgmorton: This is second consideration, but again, there's a .... request for waiver. Mims: I move that the rule requiring that ordinances must be considered and vote don for passage at two Council meetings prior to the meeting at which it is to be finally passed by suspended, that the second consideration and vote be waived, and that the ordinance be voted on for final passage at this time. Botchway: Second. Throgmorton: Moved by Mims, seconded by Botchway. Discussion? Hearing none, roll call. Motion carries 7-0. Mims: Move final adoption at this time. Botchway: Second. Throgmorton: Moved by Mims, seconded by Botchway. Discussion? Hearing none, roll call. Motion carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 37 ITEM 13. SOLICITATION/PANHANDLING - ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 5, ENTITLED "MISCELLANEOUS OFFENSES," BY DELETING SECTION 2, ENTITLED "AGGRESSIVE PANHANDLING," AND PROHIBITING SOLICITATION REQUESTS TO PERSONS WITHIN A SIDEWALK CAFE WITHOUT THE CAFE'S PERMISSION. (FIRST CONSIDERATION) Botchway: Move first consideration. Thomas: Second. Throgmorton: Moved by Botchway, seconded by Thomas. Discussion? Eleanor, I .... I think we need to ask you to help the public know what this is all about. Dilkes: Um, sure. I did a memo to you all on December 80, uh, that explains kind of the change in the law since, uh, the re -decision by the U.S. Supreme Court. Uh, since that time, uh, any court that's looked at this issue has determined that .... that, uh, ordinances such as those.... such as we have, um ... uh, are content -based and violate the First Amendment. Um, so essentially what we do is we prohibited, um .... uh, solicitation which we define as a request for immediate exchange of money or something of value, um, in certain places in the downtown, the .... the Central Business District, the Northside area, and the, uh, area immediately south of downtown. Urn .... since the re -decision, courts have found that that is a content -based regulation because it prohibits requests for immediate exchange of money, but does not prohibit the request for a signature on a petition, requests for directions, a request for an exchange of money, uh, down the road or at another time. Um .... and essentially once a regulation has been found to be based on its content, it's pretty much .... in ... invalid, presumptively invalid and very hard to defend. So, um, as a proactive measure, this ordinance, uh.... uh, repeals the, um, solicitation ordinance, does put into place .... it adds a definition of `disorderly conduct,' um, that, uh, prevents a request for an exchange of something at a sidewalk cafe which our Police Department has identified as .... as an issue. Um... Throgmorton: Okay, thank you! Any questions for Eleanor or would anybody like to address this topic? Yes, sir! Oh, you're prepared! (both talking and laughing) Theisen: So this is actually my, uh.... sorry, my name is Nicholas Theisen. I live at, uh, 1240 Esther Court. Um, I also teach rhetoric at the University. I am not Iowa born and raised, but my parents were, so .... (laughter) I don't know, that's where it counts! (laughter) Um .... I realized that the reason why this particular ordinance is going to be changed/repealed is largely based on a fairly narrow legal issue, but I would actually want to speak directly to the concern that I often see amongst my students who will complain about basically the existence of homelessness in this community, as if it's like something that just, I don't know, happens and that, you know, it can be whisked away, and ... (laughs) I actually This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 38 strongly support simply repealing all ordinances of this type, because basically what they do is it makes it illegal to be poor. And ... I realize that this isn't quite a sexy as an issue as immigration, but the homeless in our community are just as important. I mean I strongly (laughs) support.... immigrants in this community and I strongly support the resolution, and I think you are to be applauded for that, but ... this issue is just as important. And I realize that the reasons why you're doing it are not strictly speaking (laughs) the ones that I would advocate for, but ... I don't know, I see this all the time, particularly in downtown Iowa City, where the simple act of someone who's either homeless or indigent, just asking for money, you're panhandling, you're doing anything of that sort. I don't know.....I see a bunch of.....to be perfectly honest, affluent people cringe in terror at the existence of someone who just happens to be down on their luck, and so .... as I said, I realize that this is a fairly narrow legal issue, but I would like you to strongly consider repeal of all ordinances of these types for moral reasons. Thank you. Throgmorton: Thanks, Nicholas. Thanks for stickin' around too! (laughter) Anybody else? Any questions for Eleanor or discussion? Hearing none, roll call. Motion carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 39 ITEM 14. ABANDONED BICYCLES - ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 8, ENTITLED "BICYCLES," SECTION 6, ENTITLED "PARKING VIOLATIONS," TO ALLOW THE CITY TO DONATE ABANDONED BICYCLES TO LOW INCOME YOUTH AND HOMELESS PERSONS. (FIRST CONSIDERATION) Mims: Move first consideration. Dickens: Second. Throgmorton: Moved by Mims, seconded by Dickens. Fruin: Mayor, if you would, uh, staff would like, uh, to request that you defer this item, uh, to the February 7a' meeting. Um, we thought we had a solid understanding, uh, with some members of the bike community about their feelings on this ordinance, um....L....I think we, I think we do, but we'd like a little bit more time to iron that out before you go through first consideration. There's no urgency on our end to .... to put this into motion right now. Throgmorton: I .... I don't see any objection. Uh, do we do this by voice vote or .... just do it.... Dilkes: You want to make a motion to defer indefinitely or.... Fruin: Uh, to the next meeting, February 7"'. Mims: Move to defer to February 7ei. Dickens: Second. Throgmorton: Moved by Mims, seconded by Dickens. All in favor say aye. Opposed. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 40 ITEM 15. DEFINING "DOWNTOWN" IN THE PERMIT SYSTEM - ORDINANCE AMENDING TITLE 16, ENTITLED "PUBLIC WORKS," CHAPTER 3, ENTITLED "CITY UTILITIES," ARTICLE H, ENTITLED "SOLID WASTE," BY DEFINING "DOWNTOWN" IN THE PERMIT SYSTEM ADOPTED BY RESOLUTION AND AUTHORIZING ADMINISTRATIVE RULES. (SECOND CONSIDERATION) Throgmorton: This is second consideration but we're gonna consider a waiver. Mims: I move that the rule requiring that ordinances must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the second consideration and vote be waived, and that the ordinance be voted on for final passage at this time. Botchway: Second. Throgmorton: Sorry, moved by Mims, seconded by Botchway. All in favor say aye. Roll call! Well, there ya go! Roll call (laughter) Mims: I move final adoption at this time. Botchway: Second. Throgmorton: Moved by Mims, seconded by Botchway. Discussion? Hearing none, roll call. Motion carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 41 ITEM 16. PERMIT SYSTEM FOR SOLID WASTE- RESOLUTION ADOPTING A NEW PERMIT SYSTEM FOR SOLID WASTE CONTAINERS IN THE DOWNTOWN ALLEYS AND RESCINDING RESOLUTION NO. 16-97 Mims: Move the resolution. Dickens: Second. Throgmorton: Moved by Mims, seconded by Dickens. Discussion? Mims: I'm just really happy to see this moving forward. I can't wait to see improvement in our alleys downtown. (several talking) Thanks to staff. Throgmorton: Yep! I agree! Any other discussion? Hearing none, roll call. Motion carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 42 ITEM 17. COUNCIL APPOINTMENTS. Applicants MUST reside in Iowa City and be IS years of age unless specific qualifications are stated Throgmorton: Well, we have one vacancy to fill a five-year term on the Board of Appeals, two vacancies to fill three-year terms on the Public Art Advisory Committee, two vacancies to fill three .... to fill three-year terms on the Senior Center Commission, and one vacancy to fill an unexpired term on the Telecommunications Commission. Uh, am I understanding there.... for none of those there have been no applications for any of those, is that correct? I mean, that's .... (several talking) yeah, so we need to readvertise, right? Okay. I'm gonna announce, uh, announce vacancies, new ones. Mims: Wait a minute! (several talking) We've got Scott McDonough for Board of Appeals on 17a. We've got Wendy Brown on Public Art Advisory Committee. Throgmorton: Sorry! Excuse me (several talking) I am clearly getting tired, so (several talking) Correct. So, uh, yeah, for the Board of Appeals, yeah, so one application. Mims: Yeah, we had Scott McDonough and we're past the gender requirement on that. Voparil: Yes we are. Throgmorton: Okay. Mims: So I would ... (several talking) He, yeah, he is and I think this is one of our quandaries. Nobody else has applied. He's been on twice. I think he's very good. I would support putting Scott back on (several talking) I think that's a really important one with people with some certain technical expertise, and he's got it, so... Tbrogmorton: I agree. Any objection? All right, uh, for the Public Art Advisory Committee, we have one applicant, uh, for two of the .... there are two positions but one applicant, and that is Wendy Brown. She looks mighty good to me. (several responding) So, any objection? (several responding) Senior Center Commission, one applicant for two of the .... we have two three-year terms and there's one applicant for it, and that is Jay Honohan. Mims: I would still prefer to wait. Botchway: Agree! Throgmorton: Agree too, and I think.... Mims: Been on like 16 years or whatever. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 43 Throgmorton: Yeah. If. ... if there's someway, I don't know if this has already been done, but members of the Senior Center need to understand that somebody's gotta step up. Mims: As passionate as they are (laughs) about that Senior Center, I would think we would get some applicants. So.... Throgmorton: Okay, so those are our .... are our appointments. See if I can stay on track now. Mims: We need a motion for that. I'll move that we approve those. Botchway: Second. Throgmorton: Motion by Mims, seconded by Botchway. All in favor say aye. Opposed. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 44 ITEM 20. CITY COUNCIL INFORMATION Throgmorton: We can start with Rockne. You wanna start? Cole: Urn ... the only thing I was going to comment on was.....uh, I think it ... we're in our packets now, or (several talking) Council information. I'm sorry, it must be late at night. I'll defer. Dickens: Uh, just quick, uh.... luckily the weather was good to us on Mon .... it came on Monday instead of Tuesday, uh, so kids were not in school and a lot of people were off, so .... it cut down on a lot of the problems that could happen with that much ice, but people were very careful. I want to thank the Englert. I was able to see Art Garfunkel over the weekend, a legend, which was unbelievable! And seein' Mayor, former Mayor Matt Hayek. He reminds me the Drive-by Trucker is one of my favorite (several talking and laughing) coming to the Englert, Sunday the 29s', and uh (several talking and laughing) It's a fun, fun band! If you get a chance, the Englert always has wonderful things going on all the time. Botchway: Uh, so just briefly, um, I lost a bet, um, in a .... a game I was playing with, uh, my partner Bethany, and uh, as a gesture of appreciation I'm supposed to make some type of public, uh, just thank you, but it did take a more serious note yesterday Um, unfortunately, um, yesterday morning, there was a death in the family and, uh, instead of, you know, just making that quick gesture of appreciation, I do want to just publicly say that, you know, it's.... she's extremely supportive, um, she makes Council be possible for me. I wouldn't be able to be here, um, without her help and, um, a more heartfelt thank you than the one I previously, um, imagined. Also, forgot to mention, there's tons of MLK activities, uh, throughout the week. Obviously there were some that I know that you attended, um, yesterday, um, but there are tons on the, uh, University of, uh, of Iowa web site. Please partake. There's one on Wednesday in particular that I plan on going to as well. Mims: Um, had the opportunity to go to a lunch and learn at the National Guard. I think it was last week. Urn .... if you haven't ever been in that facility out past West High School, it is an absolutely phenomenal facility. Um, this was put on primarily by .... I forgot the acronym, but it's basically employers supporting the Reserve and Guard, and talking about, you know, the impor... one the laws in terms of, you know, for people who are in the Reserve or in the Guard, in terms of employment, re-employment, etc., time off for their, uh, duties, etc. Um, it was interesting, I didn't realize there's like 40 people that work out there full-time on a day-to-day basis and when they have training and stuff on their weekends, they have as many as a thousand people out there. Um, they went through just a .... we were there for about two or three hours and went through the whole thing of how they are organized throughout the state, how they get called in for emergencies, um, you know, were talked to by a lot of the different people in the command line, people here .... people were here from Des Moines, from Sioux City, um, the number of people in their whole command structure was very, very interesting. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017. Page 45 So, just appreciate the opportunity to go out there and ]earn more about our National Guard. Cole: I have one thing, Jim, now that I think of it. Throgmorton: All right. Cole: Can I quick say it since I was sort of spacing off (laughs) um ... on this past Saturday night we did a uni.... a unity gathering at the Robert A. Lee social hall, and it was a stunning success, and I want to thank the Sudanese community for cooking wonderful food. I ate too much, as always. Um, we had about 350 people there, and they're gonna have another one, which will take place April 22" at 6:00 on Saturday. Everyone's welcome to attend, and it will begin again at 6:00, and it's a fantastic event. Everyone had a terrific time, and everyone here is welcome to come! Nothing more! I'm glad I remembered that. Throgmorton: Good deal! I .... I think I just want to mention, uh, one thing. I had, uh, a great oppsortunity to do a Mayor's Winter Walk on ... I think last, well last Thursday the 12` , and ... I, uh, took the mall bus out to south ... well not south, but First Avenue near Sycamore Marketplace. And, uh, while I was on the bus I talked with a whole bunch of people from Transition Services and kids who were with them, uh, as they were goin' out to, uh, to Transition Services, I suppose. Uh, including that, uh... the young black, uh, not black, blind kid that I met and talked to and referred to earlier in our meeting, but while I was walking on First Avenue, I spoke with Vickie in Potentially Yours, Chris at Play It Again Sports, Boyd at State Farm. His State Farm office, and a whole bunch of other people. You know, people in hair salons and people in Chinese restaurants, Vietnamese restaurants, and whatever, and I found it to be a terrific experience. There are ... are all these small, very diverse businesses out there that are ... you know, probably -just barely making it for the most part, but they really were pleased to see the Mayor show up and knock on ... walk in their door and say `hi,' you know, `I'm Jim, the Mayor of Iowa City and I'm here to hear how things are goin' in your business and hear how things are goin' in the neighborhood.' They really appreciated that! And one thing they love, here's the surprise, they love the... the.... the new underpass or overpass (laughter) they really love that. Mims: And especially that it's done! (laughter and several talking) Throgmorton: Yeah! Heard one concern about a 10 -minute, uh, delay associated with, uh, the school, you know, when people are dropping people off and pickin' `em up, and then some concern about, uh.... uh, about, uh, the market .... down in the Marketplace, but ... they were really pleased, and uh, I think on the whole they're happy with how things are going in that part of the city. Yep! So, that's it for me. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of January 17, 2017.