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HomeMy WebLinkAbout2020-09-15 TranscriptionPage 1 1. Call to Order Teague: All right, well welcome to everybody that is joined in, uh, on Zoom, and even on other, uh, social media outlets to the Council, uh, meeting for tonight. I did wanna just take a moment and, um .... to have a moment of silence for two individuals that have passed away, uh, one is the passin' of former P&Z, our, uh... uh, P&Z Commissioner, uh, Carolyn Dyer, and the passin' of Johnson County Supervisor Lisa Green Douglass' husband Tom, and just wanna take a moment of silence for these two individuals that recently passed. (pause) Our thoughts are with their families, most certainly. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 2 2. Proclamations 2.a. Constitution Week Bergus: (reads proclamation) 2.b. Fire Prevention Week - Teague: (reads proclamation) And to, uh, accept this is, uh, Fire Marshal, um, Brian Greer. Greer: All right, thank you, Mayor Teague and everybody on the City Council, uh, for givin' me a little bit of time to speak here about fire safety. Um, we ... the mission of the Iowa City Fire Department is to protect our community by providing progressive, high quality emergency and preventative services. Now as Mayor Teague read in the proclamation, this year's Fire Prevention Week slogan is "Serve Up Fire Safety in the Kitchen," which addresses the number one cause of residential fires, which are cooking fires. Annual averages during the time between 2014 and 2018, fires started by cooking resulted in 172,900 home fires; 550 deaths; 4,820 injuries; and 463 million in property damage. Unattended cooking accounted for 40% of this. So remember, just stay in the kitchen when you're cooking and make sure your home has working smoke alarms to keep you safe 24 -hours a day. I'd like to thank you all again and stay safe! Teague: Thank you. Thank you. Thank you! 2.c. International Day of Peace - Weiner: (reads proclamation) Teague: And Jim Olsen from the Johnson County United Nations Association will receive this. And after he is done, we will have John Christen.... Christendom to also make a remark. Olsen: Thank you. Thank you, Mayor Teague, and, uh, I am Jim Olsen. I have the honor of being the President of the Johnson County Chapter of the United Nations Association, which is a non-partisan membership organization of people throughout the country who are calling on the United States to be a constructive member and constructive leader of the United Nations. I want to thank, uh, Mayor Teague and the Council for adopting this proclamation, designating This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 3 September 21' as the International Day of Peace in Iowa City and Johnson County. I'm very proud that Councilor Janice Weiner is a Member of our local chapter board. As the proclamation states, uh, September 21' is the International Day of Peace and as we mark a moment of silence at noon, we will be joining people around the world in, um, recommitting ourselves to one of the guiding, founding principles of the U.N. This is the beginning of a very busy season, uh, here in our community. Our chapter will be hosting, or co -hosting, a number of virtual events to engage our local residents in the work of the U.N. We will be celebrating United Nations Day on October 22°d in collaboration with the Iowa City Foreign Relations Council, and we will also be marking Human Rights Day in December. Today is September 15', which also happens to be the International Day of Democracy. Uh, the word democracy actually does not appear in the U.N. Charter, but the U.N. has a record over the past 75 years of promoting democracy, especially in places where there has been conflict, in order that there can be fair and free elections. The right to vote, the right to self government is enshrined in the Universal Declaration of Human Rights. So our chapter is joining others to encourage all eligible people to register to vote, to request an absentee ballot, or to vote in person, either during the early voting period or on election day. The stakes couldn't be higher. So .... many things to observe and to think about, and I'd like to conclude again by thanking Mayor Teague and the Council for this proclamation. S � Teague: Thank you, Jim. And John Christe don, f you are on, um, if you're in attendance, if you can raise your han so that I can acknowledge you, and if you're on the phone, press *9 and we'll be able to acknowledge you as well. I don't see that he's here so we're going to move on to Item number, um, proclamation 2.d., which is gonna be read by Councilor Taylor, Midwifery Week, and it's gonna be ... the proclamation will be received by Amber Goodrich, who is President of the Iowa Affiliate of American College of Nurse Midwives. 2.d. Midwifery Week - Taylor: Thank you, Mayor, for, um, allowing me to ... to read this, um .... uh, because I ... I have personally experienced the dedication and professionalism of those nurse midwives, um (clears throat) as they assisted my daughter with each of her pregnancies. So I'm very pleased to read the following proclamation. (reads proclamation) Goodrich: Thank you so much for that proclamation. It's a true honor that we were able to take care of your daughter's throughout her pregnancy and childbirth. Um, I'm so This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 4 honored to be a part of this tonight. Um .... I'm Amber Goodrich, I'm the President of the Iowa Affiliate of Amer ...American College of Nurse Midwives. Uh, I also am a practicing, certified nurse midwife at the University of Iowa. Uh, as you may know, 2020 has been named the International Year of the Nurse and Midwife by the World Health Organization. Um, nurse midwife (mumbled) takes place this year October 0' through 10'', and I'm so excited to be able to celebrate midwives and what we can bring to the table, as long ... as well as maternal health disparities in Iowa. Midwives have been a vital and growing part of the advancement of sexual and reproductive health services across the life span in Iowa for decades. We provide evidence -based care with excellent outcomes and overall low intervention. (mumbled) associated with decreased pregnancy -related racial and ethnic health disparities, which are both very real crises in our state in this day and age. So thank you very much ... for this proclamation. I can speak on behalf -behalf of the less than 100 midwives in the state that we truly do appreciate it. Teague: Thank you! Thank you! Thank you! And the last proclamation for the night is going to be the National Hispanic Heritage Month, and it will be received by Jason Glass, who is a part of our Human Rights Commission. 2.e. National Hispanic Heritage Month - Teague: (reads proclamation) And to receive this is Jason Glass, from the Human Rights Commission. Glass: Can you hear me? Teague: Yes we can! (laughs) Glass: (laughs) Thank you, Mayor Teague, uh, the Iowa City Council, and City staff, uh, for this proclamation. I'm accepting it on behalf of the Iowa City Human Rights Commission and hope that it serves as a reminder of the rich heritage and culture of so many in our community. We reaffirm our pledge to support, highlight, and educate the Iowa City community on the contributions of our Hispanic neighbors, without which our community would simply not be successful. We encourage all to take some time this month to learn more about local organizations that are focused on Hispanic heritage and doing outstanding.... outstanding work in our community. These include but are certainly not limited to the Iowa City Chapter of the League of United Latin American Citizens and I highlight them because they recently attended one of our meetings to provide information about their This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 5 organization and gave us an opportunity to learn a lot more about them. So wanted to specifically mention them. Again thank you for the proclamation, and for your continued support of human rights in Iowa City. Teague: Thank you. Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 6 1-7. Beginning of Consent Calendar (Items 3 — 7) — Consider adoption of the Consent Calendar as presented or amended. Teague: Could I get a motion to approve the Consent Calendar as amended? Thomas: So moved (both talking) Taylor: Oh, second, Taylor! Teague: Moved by Thomas, seconded by Taylor. All right! And then this is a time for the public to, um, address any item that is within the Consent Agenda, and I wanted to remind (both talking) Salih: (unable to understand) Teague: Um, I wanted to remind the public that you can raise your hand and then I'll call on ya if you want to make a comment (both talking) and then, um, for those individuals that are, uh, wantin' to comment on another item, that is actually on the agenda, we'll ask for you to hold your comments until that agenda item is called. If there's an item that's not on our agenda and you wanna address us, after we go through these Consent Calendars there'll be an opportunity for you to address Council. So if there's anyone that wishes to address Council now, please raise your hand on any item that is within the 3 to 7, uh, consent items on the agenda. And if you're on the phone, press *9. Seein' no one, Council discussion? 7.j. Black Lives Matter Movement/Systemic Racism/Police Policies Mims: Yes, as I mentioned during the work session, um, I would like to ask City Manager Geoff Frain to address some of the questions in correspondence, uh, 7.j. These have a lot to do with, um, the restructuring of the Police Department and some of our orders, etc. and we've gotten these letters from a lot of people and so I thought it would be helpful to get some answers out in the public, so ... if you could help us, Geoff, I would appreciate it. Frain: Yeah, sure. So, um, I'll just go through `em one by one and ... if you've got, uh, any follow up, uh, please interrupt me. Uh, so the first question is, uh, regarding our police officers and whether they're trained to de-escalate altercations by using peaceful conflict resolution strategies. The answer is yes, all of our officers have crisis intervention training and we have regular de-escale... uh, de-escalation training, um, that takes place throughout the year. The second question is are the This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 7 police officers in the Iowa City Police Department forbidden from using, uh, cardit.... carotid restraints, choke holds, strangle holds, and hog tying methods, and furthermore are they forbidden from transporting civilians in uncomfortable positions, such as a face .... face down in a vehicle. Uh, yes, um, to all of those. Those are all prohibited, um, in the, um, in our general orders. Are the police offices in the Iowa City Police Department required to intervene if they witness another officer using excessive force? Will officers be reprimanded if they fail to intervene? Again, the answer is yes. Uh, that was a recently .... uh, as a new general order based on your, uh, June resolution, that duty to intervene. Uh, so that is new, but the answer is now yes. Are police officers in the Iowa City, uh, department forbidden from shooting at moving vehicles? Uh, the answer is yes. There are a couple of exceptions, uh, when that would be allowed, and that's when the occupant of the vehicle is utilizing deadly force against a police officer or other persons in the vicinity. Um, if it's a last resort to prevent death or serious injury to officers or other persons, and as a last resort to apprehend a person who has just committed a felony resulting in death or serious injury. Um, again that's, uh... uh, regarding shooting at moving vehicles. Is there clear and enforced use of...uh, clear and enforced use of force continuum that details what weapons and force are acceptable in a wide variety of civilian/police interactions? Yes, that's all available on our website in the use of force general order. Are officers in the Iowa City Police Department required to exhaust every other possible option before using excessive force? Probably should just be force, uh, any level of force. Yes, um .... again we follow that continuum and must, uh.... um, exhaust all possible options before elevating up that level of force. Are we required to give verbal warnings to civilians before drawing our weapons or using excessive force? Uh, yes, uh, except, um, when, um, giving a verbal warning would ... would put the officer or others in ... in, uh, in, uh, imminent danger. Um .... are, uh, officers in the Iowa City Police Department thoroughly vetted to ensure they do not have a history with abuse, racism, homophobia, transphobia, discrimination? Uh, the answer is yes, we have an extensive vetting process. Are we, uh, trained to perform and seek necessary medical attention after excessive force? Um, yes, obviously we don't have full medical training, uh, with our officers, um ... uh, at all levels that may be needed, uh, but we do have a general order that covers that and, uh.... uh, requiring medical attention is included in that. And is there an early intervention system enforced to correct officers who use excessive force? Yes, the answer is yes. Uh, how many complaints does an officer have to receive before they are reprimanded, before they are terminated? Um, more than three complaints are unacceptable. Uh, the answer is we don't have a .... there's not a specific number of complaints. Uh, that could be one complaint if the issue is, uh, significant enough. It could be, uh, a multiple, um, depending on those This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 8 circumstances, but um, yes there is a system in place, um, to, um...correct officers who .... who have used excessive force and we do have a .... a, um .... a system of discipline in place that can result in termination. So that's the list of questions from the form letter that you've received. Happy to try to answer any follow ups that you have on those. Most of `em are answered by the way on our general ... in our general orders, which are all available on our website. Mims: Geoff, I know as you're trying to answer and read through these, I think you skipped the fourth one from the bottom, asking if they're required to report each time they threaten.... threaten to or use force on a civilian? Fruin: Oh, I apologize for that. The answer is yes. Mims: Thank you! Thank you very much! I just think we've been getting these questions from a lot of people, um, it's a form letter for the most part, but a lot of people have been sending it in. So I just really appreciate, um, getting these answers out in the public and hopefully that helps people, um, get a little more information about how we run our police department. Teague: Okay! Any other comments from Council? Hearing none, roll call please. All right, motion passes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 9 8. Community Comment (items not on the agenda) [UNTIL 8PM] Teague: And this is an opportunity for those that would like to speak on an item that is not on our formal agenda. And if you would like to speak, please raise your hand and I will call you. We ask that you keep your comments three to five minutes. And, uh, and if you're on the phone you can press *9. All right! Um, V, welcome! Fixmer-Oraiz: Hello, can you hear me? Teague: Yes we can! Fixmer-Oraiz: Wonderful, thank you so much, uh, for having me here tonight. Um, I have just a short presentation that I wanted to give on the ... on the historic.... Johnson County Historic Poor Farm. I know I've talked to a few, um, Councilors just individually and I was hoping to do this much sooner in the year, but uh, COVID and, uh, really the world being on fire, it feels like, has kinda (laughs) gotten in the way, so here I am tonight, and uh, I believe Kellie is ... has some slides. I can't really see them so I'm not .... really sure how that .... okay! Perfect! Great! Yeah (laughs) technology! So yes, the Johnson County Historic Poor Farm. If you, um, wanna go ahead and just go to the next screen. So for those that are unfamiliar, the Johnson County Historic Poor Farm is actually located in city limits, uh, and owned by the County. It's out on Melrose Avenue, kind of across from secondary roads and, urn .... it's about 160 acres, 120 of it are, um, located in a ... a historic district that's actually on the National Register of Historic Places. And, um ... if you wanna go to the next slide ... I know I don't have a lot of time (laughs) so I'm trying to get through this... as quickly as possible, but please stop me if you have questions. Um, so I'm not sure if everybody is familiar with the Poor Farm. So I just added this slide to give some context and you can kind of see that, uh, poor farms really came over from Europe at a time when the, you know, there was that sort of social, um, system that people were trying to figure out how do we take care of poor people, people with mental health issues, um, and so the system came about, and I believe by the 1830s, um, most states had legislated that counties take care of, um, you know, create these poor farms, or pauper houses. You can kind of see, um, I have some examples below, and uh, the Johnson County Historic Poor Farm was, um, established in 1855, and in fact the asylum that is still, um, existing out there is the oldest building in the state, um, that was located on a ... on a poor farm. And, um, so that's just to give you some context that, you know, this is really a ... a national system, and actually Iowa was kind of about as far west as it made before, urn ... before the different systems were put in place and ... and other, newer facilities were opened and, uh, so that's just to give you some context, and This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 10 you can see there 1916, the Historic Poor Farm (mumbled) kind of out front of one of the buildings there. So .... that's the larger context of what a poor farm is, and to the next slide. So here we have (laughs) quite a slide, and um, in 2016 the County actually hired me and another company to put together a 10 -year master plan for the Poor Farm. It's been row crops for decades and, um, corn and soy, and it doesn't really feel like public land, or at least it didn't, um, when we first started, and through a master planning process, you know, we engaged with professionals in conservation and housing and, um, recreation, to really understand, uh, what could be done with the site, and the supervisors... the Johnson County Board of Supervisors were really integral in kind of giving us the direction. So they said, you know, we are interested in conservation; we're interested in recreation; obviously historic preservation; educational opportunities; and um, so on and so forth. So we gave `em three concepts and they actually chose this one, the new Century Farm, and as you can see there's quite a bit on here. Uh, a lot of, um, conservation practices and, um, I can go into more detail another time, but you know, there's some wetlands, there's some keyline swales, but you also see that there's local food production happening here, and um, we are actually looking at expanding our community food production. Um, I'm sorry, community gardens here, and are in the middle of the process of doing some community outreach to nearby neighborhoods. Um, the Iowa City, uh, community gardens doesn't really cross over to the west side of the river, so this is an opportunity to really help families out, um, to expand those community gardens. But we also have two non -profits out here that are growing food, Grow Johnson County growing food for, um, local non -profits that are serving residents, um, for hunger relief, and then we also have the Land Access Program, which is something that the County has put together to give small farms an opportunity to have access to land, literally, because land is actually really hard to acquire, um, and especially with water (laughs) so that's about 10 acres, and it's a 10 -year master plan. So we're in year .... we're headed into year three, and we've established a 15 1/2 -acre, um, pollinator meadow or prairie, and we've kind of expanded some of our local food production. Um, as you can see there's also on that southwest corner some potential housing slated, and uh, the Supervisors were very interested in, um, I'm gonna say affordable housing, uh, but when I say that I mean the County really would like to retain ownership of the land. So the cost of housing, um, would .... would be minimal.... would be, not minimal, but it would just be the land improvements. So the buildings themselves. So affordable in that sense. Um, there's trails throughout. In fact, uh, there's three trails that are slated, kind of towards the end of the 10 -year master plan that connect to Hunters Run Park. So to link to the City's park system. And, uh, so there's quite a bit here. So I ... I do hope that at some point we can talk about all the ins and outs of This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 11 the farm, um, and as you can see, the um, mission is to really provide that public space for connecting to the land and local history through a comm.... inclusive community led, uh, opportunities there. So, whew, next slide! (laughs) Um .... I do wanna point out that this is a very, uh, interacting and engaging site. So given the history of the farm, I think one of the most striking things is that the disability community really claim this site as their own, and so we have a Disability Advisory Committee that's been established to help that ... some of the upgrades and designs for the, um, site, and for the restoration of the buildings. We also have a community action team that was started that really looks at programmatic opportunities and you can see a lot of folks are involved with that, um, in terms of education and how the site can be used. We have historical resources round table discussions, um, and that's really just getting those experts together to say, you know, oftentimes because of the site and the nature of poor farms, information is lost or, um, you know, basically gets thrown away because people didn't have family, um, to ... to request that ... that, um, those materials. And then of course we have the land access program, as I mentioned. Um .... (laughs) go to the next slide, I ... I am pretty close to out of time, but just to give you a quick overview, the County so far has invested about 1.2 million, um, and it's been really focused on that historic preservation. Um, we did a (mumbled) what we called the west barn, uh, was rehabilitated, um, recently, and those things aren't cheap (laughs) It's amazing how, um, expensive a barn can be to restore, but it's .... it's absolutely gorgeous and we're looking forward, you know, once COVID is, um, kind of -through to hopefully get folks out, but you can see 160 acres, and it really does align with many of the Iowa City strategic planning goals, um, like I said, and you know, advancing social justice and, um, leadership and climate action. There's a lot of water quality improvements (both talking) Yeah! Teague: You're at your five minutes. Thank you! Fixmer-Oraiz: Perfect! Yep! Teague: Yes. Fixmer-Oraiz: Thank you. Teague: Yes! We're gonna have Nicholas, followed by David. Theisen: Hello, Council. Um, so y'all addressed housing in the work session, but since you don't allow public comment in the work session — that's not a criticism, you just don't — um, I thought I'd, uh, comment on some of the things that were said then This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 12 here, since this is a bit of an open forum. Um, speaking as one of the people that, um, Councilors Taylor and Mims felt the need to call out for their shall we say hyperbolic criticism of your consistent failures over the years. I mean you really shouldn't be patting yourselves on the back at all. Um, Councilor Mims didn't remember how long the affordable housing action plan has been in effect. It has actually been in effect for little over five years. And in those five years, all of the negative indicators, particularly when you look at the rental housing market in terms of cost, in terms of overcrowding, in terms of housing burden, have gotten precipitously worse. And what I mean by precipitously worse is that in the five years that you've had that plan, it's actually... those indicators have gotten worse than in the five years before you had no plan at all. And of course there are a lot of mitigating factors there. I mean there are a lot of projects that this Council has approved over the years, such as the Rise building, and basically all of Moen and Clark's projects, to call them out specifically. Um, and those projects make things worse. I mean if you look at the Rise building, an efficiency apartment in the Rise building costs $1,300 a month! Fair market rent for a studio apartment in Iowa City is $700 a month. So this housing that is being built that is being marketed to students, that is being marketed to the people who honestly can least afford it and are going to pay for it basically with debt, they're being charged two times, nearly two times as much as what an apartment should cost. That is absolutely insane! And when it comes to thinking big, y'alls imagination like your ...your conception of what big is, is tiny compared to what you actually can do and the magni... and I've said this so many times, I'm just gonna say it over and over and over again — compared to the magnitude of the crisis that is presented to you, your efforts mean zilch. So, in I guess ... (laughs) in furtherance of efforts to be more productive rather than simply critical, let's go through some of the things that are available to you. The City has the power of imminent domain. The City ....okay, let's go through this systematically. Currently Iowa City has unlike literally every other major municipality in Iowa has no local option sales tax. None. It hasn't had one since I believe 2005, 2006, something like that. I don't remember off the top of my head. Now, with most recent estimates I think the budget presentation last year, a local option sales tax in Iowa City could produce as much .... could generate as much revenue as $9 million a year. Now, you could just spend that $9 million on like building public housing, or inquiring, uh, multi - residential properties to convert into public housing, but the far more sensible thing to do would be to use the huge borrowing capacity, unused borrowing capacity that the City has. Again, unlike every single other major municipality in the state of Iowa (laughs) Iowa City has I think, it's over $200,000.....$200 million, sorry, $200 million in unused borrowing capacity, and I don't know if you've looked at 10 -year bond rates recently, but they're sub -1 %. It is literally This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 13 never been cheaper to ... to issue a 10 -year bond right now. So with that $9 million in annual revenue, you could actually leverage something like $90 million in borrowing. And with that $90 million in borrowing, you could build as many as 1,200 public housing units, because, I mean, honestly I ... it annoys me so much when y'all harp on your 15 -point plan, because ...what is really at issue here is you have a total lack of vision of what exactly it is you're trying to achieve. The problem with the 15 -point plan is that it tries to achieve 15 completely different things. Now if ultimately what you want to do is deal with housing costs in the city, I think building 1,200 public housing units that you can actually rent control because in case you didn't know in the state of Iowa you can only implement rent controls in municipality if the city owns the property and operates it. So with those 1,200 units you could actually drive down costs, and that's really the concern right now. As I've pointed out on previous occasions, rental costs in the city like for say two .... two-bedroom apartments in the downtown area, I mean, in just the past two years, they've increased by 30%! 30% .... and certainly over the past 10 years, the increase in housing cost in the city have outpaced inflation year over year and not by single digits, by double digits! So if you're actually concerned about this issue, and frankly I have seen no indication from any Member of Council currently, or really over the past five years, that you're actually serious about taking on this issue. That's the thing you need to do! You need to leverage all of the tools that are available to you, all of the funding sources that are available to you that are literally sitting dormant, in order to actually take on a massive capital project, which (both talking) Teague: (mumbled) (both talking) Theisen: Can I just say one more thing? Teague: Thank you, Nicholas. Theisen: (both talking) ...gave the previous speaker an extremely long period of time to speak. I have one sentence left to say. Teague: I'll .... I'll allow it. Theisen: Thank you. Thank you, Mayor, I appreciate it. If you're really very serious, that's how big you need to be thinking. That's all I was going to say. Thank you. Teague: Thank you. I do have our Mayor Pro Tem keepin' time for me, so, urn ... thank you, Mayor Pro Tem (laughs) Uh, we're gonna have David. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 14 Drustrup: Thank you, Mayor. Thank you, Council. Um, first just wanna offer a little bit of support for V and the (mumbled) before. Um, I hope that Council keeps in mind that, you know, when we're talkin' about racial justice, food justice and land ownership are really important parts of that. Um, so thanks to V for .... for bringing that to the public forum. And, uh, thanks to Council for the work session and bringing up these listening forums. Um, I think that's, uh, seems like a very positive sign that y'all have put that on the schedule near-term and are .... are gettin' the input quickly and it seemed like y'all are all open minded to bringin' up, um (mumbled) students and, you k now, kinda bein' flexible about these future sessions. So thank you for your flexibility on that. Um, just wanna put out a reminder, you know, that IFR's been asking for the policing committee, similar to what y'all have done on the TRC committee. Um, and I haven't heard any discussion on that, uh, while it's sort of been kicked around once or twice the last month or so and in a couple private meetings we've had with y'all but hasn't been talked about publicly. So, um, kinda.... curious where you're on ... where you are on that and what your thoughts are on that. If there's (mumbled) holding that up, I think we (mumbled) public would be interested in knowing, since that ... that was something that helped the TRC kind of get moving more quickly. So (mumbled) y'all address that again, and then, uh, finally just wanna draw some attention to what City Manager Fruin was talking about with the form letters that were being sent in, and you know, when asking those questions like are police trained to de- escalation, are they (mumbled) from bias, etc., you know, all of Manager Fruin's answers were yes, and, you know, this is actually proof of why the current system we have is failing, right? Like all these questions that are being asked are looking at individual qualities of police officers. Are they trained in de-escalation, uh, are they taught to use other methods before they use stronger methods, you know, do they ... are they trained for bias? Let's talk about individual responses, and the fact that they're still failing on these things, despite having this training, shows us that the system is not working. Right? We have countless records and stories from people who are still targeted unfairly, still have increased force used against them. We have the video released and I think that's pretty clear. The whole, uh, community... first of all, thank you for releasing that video for the whole community now sees that they're not trained very well in de-escalation and they're.... they're not good at using (mumbled) methods before (garbled) and we ... we know about the minority contact (mumbled) and we know that their training for (mumbled) doesn't work. So these are the reasons, uh, why, uh, I would love to see, the IFR would love to see more systemic level changes. This shows the training, diversifying police force, things like that, those simply don't work. (mumbled) changes. All right, thank y'all! This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 15 Teague: Thank you, David! Is there anyone else that would like to address Council, on any item that is not on our formal agenda? Okay, thanks, uh, everyone for participating. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 16 9. Planning and Zoning Matters 9.a. Conditional Use Permit — Herbert Hoover Highway — Letter to the Johnson County Board of Adjustment recommending denial of a conditional use permit for a kennel and daycare facility in the County Residential (R) zone at Lot 2 and Outlot A of Lovik First Subdivision within Fringe Area B — Inside the City's Growth Boundary of the City/County Fringe Area. (CREZ20-0002) Teague: Could I get a motion to approve? Weiner: So moved, Weiner. Salih: Second, Salih. Teague: All right! And we have staff presentation. Sitzman: Good evening, Mayor, Council, this is Danielle Sitzman, NDS. This is an application by Brian Jensen for a conditional use permit to allow for a kennel and dog care .... dog daycare facility in Johnson County, our Residential (R) zone, within the fringe area B, uh, inside the City's growth boundary. It's located on the south side of Herbert Hoover Highway between NEX Avenue and, um, American Pharaoh Drive. Shown here on the slide is the outline of the NEX Avenue. Since (mumbled) recent construction, it doesn't show up on our aerial imagery from even last year. Also shown is an outline of the newly construt... constructed NEX Apartment building, um, so as we go through the next couple slides just keep in mind that those are there, um, we've tried to represent them for you. Um, this is land owned by Brian and David Jensen, uh, total area is about 14 acres. The proposed conditional use would be on about 8'/z of those. That 8'/2, uh, acre area is shown on the white dotted outline. This slide does show the zoning, which is a County zoning (R) district in yellow, as well as the surrounding City zoning districts in a multitude of colors, but to the east, um, single-family and low- density res .... uh, multi -family. To the west, uh, higher density multi -family and a mix of commercial. As I mentioned, this is in the fringe area, uh, it's in area B and inside the City's gow...growth area. We're kind of in a unique situation with this particular land located semi -surrounded by the city, uh, but also still in contact with, uh, large areas in the county. Um, the fringe area agreement doesn't say ...mandate this process happen. This is actually a Johnson County zoning ordinance requirement that cities be allowed to review conditional use permits that come before them within that extraterritorial area. Uh, just as a reminder, This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 17 unlike a rezoning, a conditional use permit allows for then approval of a specific use, uh, rather than a range of uses, like a range of housing uses or commercial uses, and therefore it'll ask for a more precise understanding of the purpose, scale, and intensity of that future proposed use. Um, in this case, again, the underlying zoning would not change. It would remain Johnson County Agricultural, or Johnson County (R) Residential, sorry. Um, just to go through the proposed use, and the applicant I believe is going to present this evening as well. It is a proposed kennel. Um, they're estimating about 50 animals per day on site, um, with a ... an A.M. drop-off and a P.M. pick-up, uh, hours, and six to eight employees. Um, the subject property is inside, as I said, the growth boundary area. They contemplated adding additional services, like grooming (mumbled) Um, the proposed use must comply with the following four supplemental conditions in the Johnson County unified zoning ordinance, or their zoning code essentially. Um, the first condition is that it be of a certain size, which it is. Um, it's the ... the second condition would not apply, since it's a large size than is required by the second one. Um, the third condition has to do with the setbacks that are required. Due to the layout of the site, it's unlikely the project would be able to meet, um, the County's required 200 -foot setback, um, although the County does have a process by which the applicant can request to reduce that down to 100 -feet. And then the fourth is not really, uh, germane. It has to do with another section of the County's code, which was being met by this section. The City did do an analysis of the project. Um, of course it does meet the County's zoning requirements. It is located in an area that our fringe area agreement would require urban design standards. So as they develop the site, the standards they would use for things like streets and sanitary and, uh, water supply would have to meet our fringe area agreement standards for urban design standards. And while it's inside the growth boundary and identified in the City's Northeast District plan as appropriate for single-family residential development, we do understand that the area is unable to be annexed at this time, um, and/or until land to the south is annexed as well. And that would be because this is the subject property here and they could not annex into the City (mumbled) some island of County land that has not been annexed. So it's a compl.... it's, while they seem very close to the city, they are still, uh, largely part of a contiguous county area as well. Our analysis did also include, um .... um, some additional, uh, elements. Uh, looking at this, uh, and... development being existing, near existing city development, as well as, um, looking towards the future and the eventual development in the city potentially, and the street conne ... connectivity that would we ... we would evaluate normally with this kind of, um, development. In that case we, um, staff did propose two conditions. The first being that all overnight boarding facilities located, be located within a soundproof building. Um, this shows the distance, um, in This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 18 addition to the County setbacks between the proposed land and, um, surrounding development. (mumbled) as I said, this is 8 %2 acres on a total of 14, owned by, uh, several family members. So it would be on the interior of that kind of (mumbled) owned area, um, but due to the proximity of existing residential, um, staff does propose imposing a condition that requires any overnight boarding facilities to be located completely indoors with... within a soundproof building. And that's very similar to the City's animal daycare, um, requirements, um, that we have in our animal, uh, related commercial districts. Those are required to occur within soundproof buildings. Second condition that the City, um, staff proposed was due to the importance of ensuring an inter -connected street network, that being, uh, City be allowed to review, um, prior to the building permits being issued for actual development, to ensure that the location of a building on this site would allow for future connections. So we worked, uh, we have a sketch that we work off of, kind of in this vicinity, that you can see on the top left, showing where you would see stub streets eventually connecting through. So we would be asking for an opportunity to review this project, at site plan stage essentially, which we do anyway as part of our fringe area agreement, to ensure that the building, um, really not compromise that future street network as much as possible. So as far as the development process, this is the next steps. Um, it's existing zoned County, um, we're in the conditional use permit review process which goes ultimately to the Johnson County Board of Adjustment for review, and then, uh, if it were to be approved and something proposed to be developed, the site plan review would be reviewed by City staff, per our fringe area agreement. The County's conditional use permit process does require a fourth -fifths super - majority vote if the Board of Adjustment.... for the Board of Adjustment to approve, um, this application, if it is opposed by the vote of the City Council. So based on the difficulty of bringing this property into the city through annexation, due to the surrounding conditions, and the proposition of two conditions to otherwise address concerns about future street and neighborhood connectivity, and sound mitigation, staff recommended approval of the proposed C ... CUP. Um, staff felt that the County's regulations for conditional use permits were the appropriate regulations (clears throat) to use in this circumstance. Um, the Planning and Zoning Commission did vote 3-3 to recommend denial at their August 20th meeting. Uh (garbled) due to the proximity of neighboring residences within city limits. Um, and I think that concludes staff report and I'm happy to answer questions! Teague: Hearin' no questions for you, we do have, um, Dave Jensen, um ... uh, who is a part of this project that do wanna address Council. Hello, Dave, welcome! This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 19 Jensen: Hello. Um .... one second.... okay. (several talking) Can you guys see the shared screen? Teague: No we cannot. There we go! Jensen: Okay. Um, I'd like to thank everybody for their time tonight and their, uh (several talking in background) Sorry! Uh, I'd like to thank everybody for their time tonight and for being here and their open-mindness while we present. Um, I'd like to introduce myself, Dave Jensen, uh, my brother Brian, presented on both of us as the projected business owners. Jessica Plowman's here with us, along with surveyor, uh, Scott Ryder (garbled) Um ... to introduce myself and my brother Brian, uh, we're both fourth generation, uh, Iowa Citians. Um, and with that, this land was, to go back to that first generation, was our great-grandparent's hou... uh, 1 and. Um, we've both lived in this area, the corridor area, our entire lives. We intend to stay here, um, raise our children and whatnot, and leave what we have to our, urn .... to our children and to theirs. Um .... and we've also been involved with other business ventures in this area, as well as we've worked in this area our whole lives. So what you're seein' here on, uh, page I is kind of a topical view of the two ... of the parcel in while. Uh, I believe, uh, Mrs., uh, Danielle was presenting area B, um, highlighting just the 8 -acre outlot B where the ... the building would be presented, but in all actuality, we've got 14 acres here and, um, across from east to west, the total distance is 657 feet and some change, as well as north to south, we are at 888 feet, with a few extra, uh, little bit in there. Um.... and we would like to bring this dog boarding facility and, uh, daycare to the east side of Iowa City because we strongly feel there's a huge need for this service on this side of town. Uh, we've be supporting the local neighborhood and community. There's, uh, as she ... as Danielle presented, there was a 36 -unit apartment building that was completed, with an additional building, to bring in a total of 88 units, um, which would thus provide, uh, require more services that we'd like to, uh, support with our business. Um, to go on to .... page 2, um, this is just a mock up. It is not to scale. Um .... but this is the general placement of the building. Um ... the box, which is colored blue, would be the actual building, which the ... the dog boarding and daycare would be housed in. The building in, or the area in green would just be the outdoor play area. Um .... we would definitely work with the City and the County to put this in the most optimal position for future development of Iowa City. Um, to keep it north of Grindstone, to allow that to come through, and I do think Danielle showed a sketch of a road going north and south, and we would be to the east of that. Um .... and within that 14 acres, we would need, uh, if needed or if within reason, we would be wiling to combine the total parcels to allow this, uh, actual distances to be at the 200 feet or This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 20 greater. Um.....to move on to slide 3, this is a view to the south of the approximate location of the new building. Um .... it plays .... if you look around, there is plenty of, uh, foliage, trees, shrubs, bushes, anything to help kinda deaden any, uh, noise concerns with ..... in addition to that, we would be willing to plant any shrubbery to, um, for that, those sound barriers, as well as to kind of beautify the surrounding of ...of the facility. Um .... and I'm gonna read verbatim a little bit from, uh, an additional option that we have, um, for sound, uh, abatement. Um, so the option for us as ... if needed would be a noise abatement program which would include wall treatments, ceiling treatments, and/or acoustic panels and baffle treatments. The sound baffles that they would mount to the ceiling are one of the most effective methods to reduce the reverberation and reduce noise, because of more surface area. They'll have two faces and four edges, of the panel, which are exposed to the room. Um, they can be installed indoor and outdoor, uh, for maximum effectiveness as the pan ... the panels would hang in two directions, front to back and left to right orientations. And this would prevent, uh, open paths between walls from forming where sound can bounce and escape for... for absorption. Um, that would be in addition to insulating and soundproofing the building just as it would come. Um, I do have a concept which Scott provided us of the actual location of where the, uh, facility would be located. Um, are you .... are you able to see this? Okay. Um, I believe right there where the mouse or the hand, um .... the hand would be, cursor, um, on the left there is the proposed 60 X 88 -foot building, and then to the right where the cursor is is the proposed run area, play area for the dogs. Uh.... (mumbled) go back to... um, I'm sorry, and as you can see, to the north in the darker gray area, would be parking, um, believe there's 10 to 12 spaces, which would be adequate to the amount of square footage, as well as the employees and the drop-off of the .... the citizens or customers, clients that would be coming in. Um .... to go back to the slides .... um.....slide 4, this is just a panoramic view looking to the south, starting from the southwest, going all the way over to .... or I'm sorry, startin' from the southeast, going all the way .... looking all the way over to the southwest. Um, you can see both east and west property lines here, and as you can see, we're kind of contained here with, um, trees lining the borders from every side. Um, so it's ....it's very hard to see as well as hear what's going on from neighborhoods or anything around us. Um, and again we would do, uh.... we would work with the City to add any additional foliage or shrubbery to help mitigate the noise. Uh, slide 5 is a look to ... towards the east, which is the Churchill Meadows development I believe. Um, and as you can see ... looking to the east, we cannot see them from our parcel, um, and they cannot see us. So right there it adds a noise barrier for us, as well as, um, if anybody's worried about seeing a building, this kind of gives us some blockage or some coverage here. Um .... and again we This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 21 would still work with the City to put this building in the most optimal place for the future development of Iowa City. Um, slide 6 is an overview, everything in red is all of our parcels combined, which is a total of 14 acres, um, and from the west most edge of our parcels, uh, there's a distance just to the other commercial that's in the area, uh, that we would like to provide additional services with these commercial, uh, businesses to the neighborhood, uh, it is roughly 800 feet to the Dairy Queen store, as well as from the west edge of our property, uh, roughly 500 feet to the Iowa City Rehab Center. And we would still in addition to that be willing to place this facility on our land in the most optimal position for the future development of Iowa City. Uh, to move on to slide 7, so what we have here is a map of everything in our, um, kind of condensed corridor area, uh, everything with the red points is the dog boarding and daycare facilities in the area. Um, if you take a look there towards the east side of Iowa City, you can kind of see where the blue dot, or blue pin, um, looks like there's a huge need that we wanna provide, uh, some services here for everybody. Uh, we, the one of two facilities in the, on the east side of Iowa City, one of which is ... is not there yet. Uh, I do believe they're going through the process of...of gettin' everything passed with them. Um .... we are aware, um, we've got in this bubble here of Puppy Love in North Liberty. They're in very much the same scenario that we are. However, they're already.... they are already established, um, but they are currently applying for a conditional use permit because they're in a similar situation to our kennel, only in the city of North Liberty. Um, we have obtained a draft copy of the Johnson County staff, um, report about Puppy Love, uh, services there and to quote, uh, to quote, `The dog dayeare/boarding have been in operation for several years. To the best of the staff's knowledge, the site has not generated any complaints of neighbors regarding its use.' Um, and Puppy Love's request is going to the Johnson County Board of Adjustment's hearing, uh, September 16th which is tomorrow. Again, here on the east side of Iowa City it looks like we wanna fill that need of, uh, dog boarding and daycare facilities. To move on, um, page 8, um, this is just a zoomed in image of Puppy Love. This is where their, um, their services are located in North Liberty, just north of the South Slope business, but as you can see from the edge of their, the west edge of their property line to the nearest, uh, neighbor, house, is 152 feet, which is very similar to what we are working with here, urn .... like everybody to keep that in mind as we're presenting here. Uh, because it's a very similar.... it's very similar to how close we would be with our kennel .... to a, uh, to the neighboring areas. Slide, uh, page 10 is a photo, I'm sorry, I think I'm one ahead. Page 9, I'm sorry, is just a view looking south where the building and outdoor space would sit. Um, as you can see, all around we're surrounded by tree lines, um .... and foliage all around us, which, you know, there again it would help, uh, deaden the ... the noise, and uh, This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 22 help kinda... keep the .... the noise complaints down, if there would be any concern. Um .... and again, we are willing to do anything within reason to mitigate any concerns of the City and the County on this. To move on to page 10 is a photo of the existing garage, uh, where possibly we would ... we would add additional, uh, parking spaces there. Um, and there'd be additional spaces to the back of it for employees, um, and we currently do have a permit to remove this structure. Page 11 is a view up the lane leading to the house, but if you look over here towards the right would be where the facility would be located. Um, please take note of the mature, the large mature trees that line the lane, um, which again help, uh, with the noise reduction from .... from the facility. Uh, page 12 is .... with our backs to the north, facing south at the property, across the highway. Urn ... as you can see, there is ... uh, lots of trees all through here. You can't see the house, which is located up here where the cursor is, and you can barely see the garage there. Um, again that's kind of there to help with the noise, uh, the noise mitigation there. Um, somewhere in between the noise (laughs) I'm sorry, somewhere between the trees and the road there would be a sign, advertising the dog boarding and daycare facility. Um, and currently we're very close to the highway where people do drive 55 to 65 mile an hours, uh, miles an hour, currently creating noise to the residents that are already here. And for the final page, page 13 is just a look to the west where, uh.... there's already established commercial, uh, over here there's Dairy Queen and Blackstone is down there, and what you're seein' here is this new nice looking 36 -unit apartment building. In between there and the fence here would be an additional, uh, building, totaling an 88, uh.... total of 88 apartments, uh, right next to our facility, thus giving us more reason to provide services to 88 brand new neighbors. We'd like to welcome them as much as we can. Um .... all in all, what our point here today was to establish the actual, um, perimeters of, uh.... the total parcels and not just the, I think .... um, Danielle referred to as area B, um, the total area is greater than that. So our boundaries do extend farther than what, uh, is bein' presented otherwise, um, and if necessary we would .... we would combine them. Um, and I'd just like to thank everybody for their time. Teague: Thank you, Dave. All right, um .... would anyone, um .... like to address Dave while he's here? Any Council? Mims: Yeah, I do. Dave, I had a question in terms of the outdoor play area. Um, if you're gonna have as many as, uh, estimating as many as 50 dogs, how large is that play area going to be, and ... and how many do you think you'd have out there at a time? This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 23 Jensen: On the play area itself would be 3,750 -square feet (talking in background) and that's by State law or State code, for a, uh (talking in background) for... for 50 dogs that is (talking in background) 50 animals. Mims: Okay. I ... I guess, and I love dogs. I've always had dogs and I do now. Um, so I guess my question is like ... so would you have that obviously then separated for like larger dogs, smaller dogs, I mean ... would you expect to have most of them out there? I have to be honest, I'm thinkin' about the noise of that many dogs... out there playing and stuff, and how much noise that's going to be during the day. Jensen: Uh, ye .... yes we would, um, whatever would be necessary to keep larger dogs separated from the smaller dogs. Uh, we'd also consider only allowing, um, a certain number of dogs out at a certain time of day. Um ... just to keep the noise down, uh, whatever we would find necessary or whatever we can do to work with, uh, the City here and the County. Mims: Would you have any play areas inside or would that just be fully kennels inside? Jensen: There would be play areas inside, yes. Mims: Okay. Thank you! Jensen: Thank you. Teague: Any other questions by Council? Hearin' none, is there anyone from the public that would like to address this topic? If so, please raise your hand, and if you're on the phone, uh, press *9 and I'll call on you. (noises in background) Seein' no one, Council discussion? Mims: I have some questions for Danielle. If we go ahead and approve this, and ... and believe me, I'm supportive of small business owners and ... and trying to be, you know, entrepreneurs and doing things, but I'm also concerned about the proximity, uh, to existing residential area. Um, like I say, I've always had dogs. They can be noisy. That sound can carry. What ... what assurance do we have, what authority does the County have in terms of, um, kind of enforcing noise mitigation. Um, if we approve this tonight, my sense is then it's.... anything from here on is out of our control. And ... if we have noise complaints, what .... what options do we have at that point in time? This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 24 Sitzman: Sure. So the conditions staff recommended would be things that we could check at a further point in the development. Um, as far as your questions about how a CUP is managed by the County, I'm not as well versed on their ordinances, but my understanding is that they do have a process to revoke a CUP, should they need to. Um, they also may have noise ordinances that they enforce, but I would suspect they're less intense than they would be in a city situation, right? They're set up to be a more rural, uh, form of government and those rules. So there is a... there is likely a CUP re ... revocation process, and I .... we need .... I could find out what the exact conditions of that are, but that would be a County process. Mims: Okay. Thank you! Thomas: Well I guess I'll .... I'll make a, start some comments. Um, I ... I certainly... appreciate the ... the need for kennels in Iowa City. It does seem that, um, in talking to some of my neighbors, there is an interest in ... in seeing more accessible kennels in Iowa City. Uh, my concerns with the project, however, are its ... its location with respect to the surrounding residential. It does seem to me, from a land .... land use standpoint, you know, with, um, single-family and fairly high density multi -family, um, on either side of it, uh, that .... my inclination would be to ... to have the .... this area be developed for residential use, rather than as a dog kennel. Um, and the ... the question of the play area does concern me in terms of the noise factor, you know, we're talking about soundproofing the building, but once they're outside, uh, those noises are going to be very difficult to contain. Um, I also, uh, feel that the proximity of the property to Old Towne Village, the community commercial area to the ... to the east, to west! Sorry! Is really quite close, so it...it suggests to me an opportunity for, you know, what ... if developed as residential, uh, that it would actually be extremely convenient, essentially a walkable distance, from this property to that commern ... community commercial. So I'm ... whenever I see walkability, um, as it relates to mixed-use development, it's something that I .... I'm interested in promoting, because so .... you know, the opportunities for walkability in Iowa City aren't (laughs) there aren't many of those either, um, so ... so my feeling is if no...no issue really with the kennel. It's really just the location, uh, that I ... that concerns me. Mims: I'll have to say I'm struggling with this because I'm concerned about the location and the proximity to residential. But ... I'm also cognizant of the fact that this... this is land that has been in this family for a long time. They don't necessarily want to move off of this land and develop it. It's not going to be annexed into the City, um, for a long, long time, if ever. I mean if you look at what's below it and how that's owned and in county (laughs) you've got a lot of land south of that and This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 25 a lot of residential even that's south of West Branch Road that's still in the county. So to ever get all of that, uh, annexed into the City, I think is going to be ... is going to be a real challenge, if it ever occurs. So that means that anything that is done here, um, has to be done probably within County regulations, even if it's residential. Um ... I .... I haven't made, I'll be honest, I haven't made up my mind. So I'm interested to hear what the rest of Council says, but I'm concerned about location, but I'm sensitive to the fact we've got a family who ... who has this parcel of land, who wants to make a living on that land, we wanna support small business owners, we recognize there's a need for more kennels. I ... I guess I'm leaning towards yes if I can be convinced that the sound mitigation is going to be effective and ... and the owners will deal with that going forward, and I know everybody can say yes tonight and it might not happen later, but that ... that's kind of where I sit. I'll be quiet and listen to others here. Teague: Well as I read the material and, uh, thought about....the.... the kennel in a residential area, um, and we talk about walkable cities, in a way where you have things very close by. Um, that was one positive where we would have so many, um, individuals living in close proximity, that if they had a animal and they wanted to utilize that facility, it would be in close proximity. I ... I know that it's not the ideal (laughs) um, like easy thing to look at as far as, um, if it was a .... a grocery store of, um.....somethin' else, uh, that would be there, but it happens to be a kennel, and I think the challenge is just the sound, um, I ... I think that's the real challenge here. How loud will .... will it be? Otherwise I don't think there would be much discussion about this item. Um .... granted there will be some, uh, nuisance at times from the animals, urn .... but .... I don't believe that given some of the proximity, um, given the typical time of day, although some people work nights and they sleep during the day. I'm very well aware of that aspect as well. Um, I ... I'm not ... I don't find this to be totally problematic. Um, and so .... um, just lookin' at, you know, all of the things that, um, this project could bring, yes, I'm a dog lover. Have two myself. Um, we do need more groomers... well, kennels in ....in our community. So I ... I'm gonna, uh, support this tonight. Jensen: Um, if I could I would like to add that the County is going to use the City as the driving force behind this on their decision as well, is what I believe. Teague: Yep. Thanks, Dave, and actually it'll be time for Council to have our discussion (mumbled) thank you! (laughs) Taylor: Yeah, um, Mayor, I, like Susan I'm struggling with this also because I think we've had this discussion before and ... and the applicant that came before us I think on This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 26 the Dodge Street, uh, it's a very dog -friendly community. I think, uh, every other house on my block has .... has a dog. Uh, and the graphic they showed, uh, of the location of kennels in town was very impressive! It does show a lack on the east side, but I am concerned about the proximity, uh, to the residential, although, um, Mr. Jensen gave very great presentation on the sound mitigation efforts. Sounded like internally in the building, but then when you talk about that playground out .... outside with these dogs out there, I drove by, uh, one of the local kennels not too long ago and was actually, uh, at a .... at a store nearby there, and could hear the dogs barking (laughs) They were barking quite a bit! You could hear them, although there were no trees surrounding. I am impressed, and I do hope that all those trees, uh, would remain in your plans, because that is nice. It does look like a nice green space and be, uh, great. John talks (laughs) infinitum about, uh, the ... the trees, uh, importance of trees in the community, so that is a good aspect. So I'm really torn, and I think the only thing that's really, uh, pulling me away from it is ... is that possibility of noise to the proximity to the residences on that one side. Weiner: I guess I'd be curious if there (clears throat) if there's been any conversa.... what kind of conversation if any there has been with those residents at this point. The other area of concern for me right now is the rehab center. Um, and whether.... whether or not, and to what extent sound would carry there, because those are... those are people who can be in ... in fairly, um, fragile condition, and um, it's just I think we oughta take that into account as well. I'm ... I, you know, we have dogs as well and .... and I know how loud they can be, so I'm sort of torn as well. Mims: (several talking) Danielle, I'm sorry, is it possible for us to add any other conditions to this? Sitzman: Yes, you could propose and vote on additional conditions. The letter that was drafted with this included the two staff conditions even if, urn .... the recommendation ultimately were for denial, we'd still want to see those conditions go forward. So yes, conditions may be used as part of your approval. Mims: Okay. Thank you! Salih: What kind of thing that we can add to make sure that they will comply with the soundproof? So .... I really want to encourage small business, especially when like ... uh, we need it on the community. Uh, I just like also wanna make sure this sound is not going to carry out. So, uh, if there is a way we can put something in place, to make sure that, uh, the ... the owner will comply with making sure the This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 27 sound is not going, as Janice said, travel to the like a nursing home or to the residents, and I know you said a lot thing (mumbled) about like soundproof and everything, but if there is something that we can make sure. So, or like um .... I don't know, just something to put there on the .... like agreement to make sure that that's something will be taken care of. Sitzman: If I could make a suggestion (both talking) I would focus on your condition, making on things that are not enforcement related, but that you think are proactive steps to mitigate the ... the negative impacts that you foresee happening. So rather than trying to craft a condition that requires the County to enforce some sort of decibel level of bad behavior, to require a tree line or to limit the number of animals at any certain time in any certain place. Um, you would of course want to check with the applicant tonight to see if they're amenable to a condition you might propose. Teague: And ... and as far as the condition, I would imagine that there's some, um, State codes, because they mentioned that ... that a yard size was according to, um, the amount of animals. So there could be some limitations as to what we can, um, impose, I would assume. Salih: Yep. That another thing. State stuff. Bergus: I guess I would just ask, um, Mr. Jensen if, it sounded like from reading the Planning and Zoning minutes and what you've said here tonight that you would be agreeable to like additional screening through trees and shrubs, or something like that. Do ... do you mind just talking to us a little bit about what ... what you'd be willing to do in, you know, kind of outside of the facility... that might help? Jensen: (mumbled) Scott would like to answer this. Ryder: Hi. Scott Ryder here with (mumbled) and, uh, County has rules for .... uh, buffering, uh, up against residential .... and they'd probably enforce that. So there's so many trees, so many shrubs per every hundred feet of. ... distance on a line. So there would be additional buffering needed. Does that answer your question? Weiner: Would that consist of acoustic fencing or any .... or would you be looking more at...at shrubs or something on that order? This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 28 Ryder: I think there's both could be used. Uh, they don't have us .... they do have a rule on solid fencing, like 8 -foot tall or something like that. But ... shr...shrubs and trees would be your best bet. Bergus: And, Mr. Jensen, are you favorable to that? Jensen: Yes! Yes, absolutely. Um, to go back to what I read verbatim, um, from page 3 in that option for additional noise abatement, um, the ... the baffles that would be attached inside, if...if needed, uh, the condi .... they could absolutely be, uh, installed outside as well. Um, and you know, if...if...if it was necessary, you could line the play area as well with maybe a solid fence or just shrubs all the way around it to help keep that noise in towards the play area versus going out. Um, I do think, you know, we kind of have a fortress of trees outlining the ... the lot lines of the parcels, the property, as well as additional trees as you come in further from the lot lines and parcels, from the east to the west. That's in addition to what, um, you know, may be necessary for the facility itself. Bergus: And did I hear you correctly that you're intending to keep all those mature trees that you pointed out that are on the property? Jensen: Absolutely! They're all still standing after the derecho storm we had. Bergus: Good! Good! Taylor: And, uh, Mr. Jensen, you'd talked about the possibility of that road extension over to NEX? I think that's the name of the street. Would that involve, uh, removing any of the trees? Jensen: Um .... I don't believe so. I think everything where Grindstone, I believe is the road you'd be talking about, um .... yeah. There is not really any trees in that ... in that area, at least no mature trees or mature bushes or anything of that nature. Taylor: Okay. Thank you! Mims: I'd like to propose an amendment, but I'm not exactly sure how to word it (laughs) because I guess what I would like, or as a condition, an additional condition ... is that, um .... that adequate, uh, trees, shrubberies, you know, evergreens probably, cause those are gonna be the best at...at buffering the noise; um ... be planted, um, around the ... the outside of the play area. Um, there's part of me that would like to include a solid fence, urn .... I don't know how much that This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 29 Teague: Mims Salih: Teague: Sitzman: Teague: Mims: Taylor: Teague: Dilkes: adds to your expense, and I don't know depending on the kind of solid fence you use, what that also does in terms of air circulation, um, through the play area, which obviously you warm have that air circulation through the play area. So, Danielle, I don't know if you can ... can help us wordsmith, uh, an additional, uh, condition that Councilors might be supportive of, cause it...it seems to me I'm hearing maybe the majority are supportive if we could get a condition in there about maybe trees or something for buffering sound. It does sound like a 8 -foot fence is required. If I understood correctly. Yeah, but if it's chain link that's not going to do anything for sound. So I'm not sure (several talking, garbled) I ... I think, Danielle, anything that not going to interfere with the State code, uh, that we can just add it there. Uh, as Susan Mims said, like to make sure (mumbled) the sound will be reduce to the minimum. You ... we'll have you say something, Dave Jensen (laughs) As far (both talking) as the noise prevention, you know, fencing or an acoustic material might be more effective than trying to figure out exactly what type of vegetation is best in all conditions, if that's ... the biggest concern. You might specify .... if there's a .... again, I don't know exactly if the site.... planned the entire site out with where the play area would be, but if ..if it's a .... acoustic deadening between it and the residential areas, I think that's probably enough of a condition to portray what you're trying to accomplish to the County... County Board. I would be amenable to that. Yes, I would like that. I would too! Any other... This is Eleanor. I think the ... the motion on the floor is .... is to approve the letter for, um, denial. Um, so I ... I think we warm withdraw the motion on the floor, um, and then start over with a (both talking) um, motion sending a letter for approval with ... with the staff conditions and with the additional condition of having an acoustic, some sort of acoustic deadening around the outdoor play area. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 30 Mims: So moved! (laughs) Thank you, Eleanor! (laughs) I guess technically we have to... Salih: ....withdraw the (garbled) Mims: ....withdraw the motion. So whoever made the motion I guess. Weiner: With (both talking) Teague: I wanna say that it was Thomas, followed by Taylor. Fruehling: Janice made the motion. Weiner: (garbled) ...withdraw the motion. Taylor: (garbled).... Janice (garbled) not Taylor. Teague: All right. So, um, all in favor of withdrawing the motion say aye. Dilkes: We don't have to vote on the withdrawal of the motion. Teague: Okay, just ... oh, because.... Dilkes: We just need a second on Susan's motion. Salih: Second! Teague: All right, so Mayor Pro Tem seconded. Um, and we have the conditions, are we ....are you clear, Danielle and Eleanor, on our conditions? Sitzman: We can put it together. Dilkes: Yeah, I .... I think so. The two that staff, um, proposed and then this... acoustic deadening around the .... the play area. Teague: Yes! Okay. All right! Roll call please .... any more comments by Council? Hearin' none, roll call please. Motion passes 6-1. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 31 Taylor: Oh, Mayor, quick question for Eleanor though. Is there any problem with, um, that's different than the, uh.... P&Z's recommendation since they were 3-3 and denied it? Do we have to do anything or...or does that only work if they approve and we deny? Dilkes: No, there's no .... this is your decision to make. Taylor: Thank you. Teague: And P&Z was tied, 3-3. Yes. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 32 10. Amend Water Collection Ordinance FY20 — Ordinance amending Title 3, "City Finances, Taxation and Fees," Chapter 4, "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 3, entitled "Potable Water Use and Service," of the City Code, to increase or change water service charges and fees in Iowa City, Iowa and amending Title 16, entitled "Public Works," Chapter 3A, entitled "General Provisions," Sections 5, 6 and 7, entitled "Establishing City Utility Accounts; Deposits Required," "Billing and Collection Procedures; Delinquent Accounts" and "Discontinuation and Restoration of Service" to make delinquent account collection fees and procedures more equitable and just. 1. Public Hearing Teague: I'm gonna open the public hearing. And then we have a staff presentation. Bockenstedt: Good evening, this is Dennis Bockenstedt, the, uh, Finance Director for the City. I'm gonna try and share my screen here for you. Uh, hopefully everybody can see that. Uh, so tonight, uh, is the public hearing for this proposed water rate ordinance. Um, the proposed changes for this water rate ordinance are primarily focused on the City's utility shut-off carding process, and then the related carding fee. Um, the proposed changes, uh, for this ordinance, uh, primarily are to convert the shut-off carding process from a manual process to a digital process. Um, this has the potential to lower, uh, carbon emissions and also can reduce staff time and lower the cost. Um, this ordinance will pass those cost savings on to customers, which also reduces the disproportionate minority impact of the particular carding fee. Um, this also improves the parity of our shut-off process, with that of our municipal neighbors. Um, the issues that we have had with the shut-off carding, uh, fee in the past, uh, this fee adds to the financial difficulty of...of the customers, and it ultimately leads to more water shut -offs. Uh, we have found this fee to be very unpopular and it's frequently the one that we find the most customer resistance with. Uh, also this fee was intended for cost recovery, uh, but by going electronic with the, uh, the notice process, uh, there's really no other managerial purpose for the fee to remain. Um, also in the ... in the old collection process, for late fees and reconnection fees, uh, the few tools that the City has really incentivizes payment and customers really understand the purpose of those fees, but they don't necessarily understand the purpose of a carding fee and why that .... why they're getting charged that fee. Um, also, uh, we found that, uh, through, uh, other processes that we'll talk about that the carding fee has been found to be, uh, disproportionate, uh, impact on the minority and low income populations. Uh, the major provisions of this water, uh, ordinance, uh, rate This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 33 ordinance change, um, the first, uh, point is the elimination of the original door carding requirement. This now becomes a department policy, whether or not they will do a physical carding on properties. Um, it also eliminate the ... the fee for that physical carding of $47.25. It does increase the late fee from 5% of the amount due to 10% of the amount due, uh, approximately $4.70, and this is to provide for the electronic notification software that replaces the physical carding, uh, at the residence. Um, also, uh, there's a reduction of the service reconnection fee of $2.25, uh, to $45. Um, so what is the average utility bill? The utility bill is how the City bills and collects for central services. Uh, these are central services that are not sup...., uh, supported by property taxes. They are supported by these fees for the users of those services, and this really is the means o£...of billing and collecting for those services, uh, that includes the City's water utility, which is, uh, includes the water plant and the water mains to deliver, uh, fresh water to homes and businesses through the community. The sewer utility, which includes the plant and collection system, which treats waste water and then, uh, puts it back into the environment. Uh, the curbside refuse collection and trash collection program. Uh, the City's curbside recycling program is on this utility bill, as well as the tree and branch, and uh, organics collection. And also the City's storm water and storm sewer system is supported through, uh, the utility bill and the utility billing process. So I'll just kinda step through that process to give you an idea of how it works. So each week, uh, the City is broken into zones, and each week a different zone has its water meters read by the Water Division. Uh, after those water meters are read then the, uh, Revenue Division in the Finance Department sends out utility bills, uh, every week, and that's approximately 6,000 bills a week for about 24,000, uh, customers. Uh, and it's 24,000 bills in a month that we would send out. Uh, on the face of each bill there's a statement of a delinquency charge if the bill is unpaid. So right on the face of that bills it says `if this bill is unpaid, you'll be charged a delinquency fee,' and then the customers have 22 days to make the payment of the amount due. Uh, if that bill, uh, goes unpaid after 22 days, then that late fee of 5% of the amount due is .... is added to the bill, and then a letter is mailed out to the customers, outlining the amount that is now due, and then the City's shut-off procedures. And after 37 days, and I highlighted this in red cause this is the ... the primary change here, um, but the... right now our Water Division goes out and places a .... a notice on the customer's door, of the impending shut-off. And the fee that is charged to have that employee go out and post that notice is $45....$47.25. Uh, if it remains unpaid for 47 days, then ... then another Water Division employee goes out and shuts the customer's water off. And then in order for the customer to get their water turned back on, they have to pay all their ...their bill and fees that have been assessed, um, and then the Water Division will go out and turn that water back on, and then they assess This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 34 another $47.25 fee for the employee to go out and turn the water back on, for his time, the equipment. For the, if somebody goes through this entire process and has their water shut off and turned back on, they would experience fees of approximately $99.20 on a water bill that averages about $94. Um, we first reviewed this process, this carding process, back in 2017 as part of the racial equity toolkit. Uh, this is one of the first City uses that the City had or used for the racial equity toolkit. Um, and what we did was we tried to determine whether or not this process had a disproportionate impact on certain populations and if impacts were found, to help us identify ways to mitigate those impacts. Um, we took customer addresses where utility bill cardings occurred, uh, from September 2016 to February 2017. We mapped those in our ...our GIS system, and we overlaid that with non-white, low income Census data, and also address data from our low income utility discount program. And what we found from .... from doing that analysis with it, larger proportions of shut-off cardings were received by houses living, uh, below the poverty level, which is ... is, uh, you could make, draw that conclusion. Um, what we found this to be particularly acute in minority populations in the southeast part of the city. So there's 11 Census tracts here in the south-central part of the city that had a significantly high number of shut-off carding notices, and you can see in the, uh, Census tract data for the non-white population that in those most affected areas had a ... a higher proportion of non- white population. Um, so additional findings, uh, through this toolkit process, uh, we found that households participating in the low income discount program actually received significantly fewer cardings than those that were not participating.....within that area. Uh (mumbled) were many more households that were eligible for the program that were .... that were not participating. So, uh, at the time we went through this process, uh, the recommendations that we acted on and we ... we still are acting on was to do targeted promotion of the utility program, uh, and particularly in that part of town where we did mailings. We did other notices, uh, in .... in non -profits to help get that word out. Uh, and at the same time we implemented a donor program to help offset the increased cost to the City that would result from the expansion of the discount program. Uh, I'll just briefly talk about that program. Uh, the discount program for qualifying individ.... (goes silent) ...uals, uh, water based charges (mumbled) charges. And in August 2017 we had 338 participants and in August 2020 we had 455. So we hada 35% increase in participation over the last three years in the program. Uh, the cost of the program is about, uh, just over $9,000 a month and over $100,000 a year, and the donor program brings in about $10,000 per year. So, uh, in 2020, uh, we decided to review this program again. Uh, and this was primarily for climate action purposes. Uh, the Finance Department has a climate action goal to reduce carbon emissions through converting manual processes to electronic format. Uh, This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 35 we thought that this process maybe had some carbon emission savings potential. Uh, replacing that physical carding process with an electronic process. Um, you know the data we gathered to this point has been conclusive of whether or not, uh, there's, uh, a substantial amount of carbon emission savings. However, as we were going through this process, we realized that eliminating the shut-off carding notice and the supporting fee supported the racial equity toolkit findings from 2017. So from that we .... we developed a process to, uh, eliminate the physical shut-off notice process and replace it with electronic, and this was in order to lower costs and reduce the financial impact on the minority and low income populations. So the ... the proposed process is ... is part of this ordinance. Uh, the first four steps don't change. Uh, the City is still zoned. The meters will still be read weekly. Uh, the bills will still be sent out every week, and the delinquency charge statement will be on the face of each bill, and they will still have 22 days with which to make payment. Uh, the changes that are a part of this ordinance is that after 22 days it's unpaid, the delinquency charge is now 10%, which is an average increase of about $4.70, uh, for that late fee. Um, for the carding notice, after 37 days, if it's still unpaid, the notice will actually be mailed, uh, rather than delivered by an employee. In addition, the customer will receive an email or a text, if we have that information. Uh, in addition to that no carding fee will be levied. So that $47.25 fee for that carding will be eliminated. (mumbled) after 47 days, uh, if you still haven't paid, the water would then still be shut off. Um, and when the utility bill and fees would have been paid, a Water Division employee will go back out and turn it on. However, the fee will be $45 reconnection fee instead of $47.25. So if a customer goes through the entire process where they don't pay their bill and we have to go through the collection process and shut-off and reconnect, uh, the total fees would be approximately $54.40, a reduction of $44.80, um, from the current process. So to give you an idea of how that looks, on the left here is ... would be the total fees for a, the process, uh, the red being the carding fee. Um, and the late fees and the reconnection fees, the current process would... could amount up to $99 and under the proposed process with that carding fee being eliminated, the ... the fees would, if they were completely shut off and reconnected would be approximately $54.40. Um, and we still (mumbled) compare this with our Coralville, North Liberty, our nearest neighbors. Uh, we each bill monthly. Uh, right now Coralville, North Liberty each charge a 10%late fee if a bill is unpaid. And we currently charge 5%. The proposal's to raise it to 10%. Uh, for a carding fee, uh, Coralville charges a $20 carding fee. Uh, North Liberty charges a $15 carding fee, and we charge a $47.25 carding fee. And this proposal is to eliminate that fee. And then for the reconnect fee, Coralville charges $45. North Liberty charges $35, and we currently charge 47.25. Proposal is to reduce that to $45. So the total fees, not including the late charge, would be This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 36 65 from Coralville, 50 from North Liberty, and ours would be reduced from 94.50 to $45. So we would actually be lower than North Liberty or Coralville as far as .... the .... the fees that we would charge for that collection process. And then Iowa City and Coralville each offer after-hours reconnect, if an employee wants to get their water reconnected after 5:00 P.M., where North Liberty does not offer that service. Uh, so just other considerations and to summarize, um .... the proposed ordinance changes, uh, had to comply with State law and they do comply with the State law. Um, this is really the ... the collection process to pay for the City's enterprise funds or business type funds. They're self-supporting. They are not supported through property taxes. Um, several of them have bonded debt and bond coverage requirements. Um, we don't believe this proposal .... we believe this proposal meets the requirements of those coverage and covenants and will not impact the ability of these funds to be self-supporting. Um, that .... this carding fee does have a disproportionate impact and we believe that will be reduced by the elimination of the carding fee. Uh, we estimate a revenue loss of about $150,000 per year, uh, between these changes. Uh, and then also (mumbled) requires three readings prior to adoption and then also just a reminder that all these collection processes are temporarily on hold and so we (mumbled) to get these changes, uh, implemented, uh, while these processes.... were not actually, uh, taking place. And then I will try to answer any questions that you have. Salih: I just wanna ask you, how long this process has been going on .... of charging, uh, two $45, when you deliver the notice and if the water is shut, it was, uh, for another 47. How long was this process was in place? Bockenstedt: Well, um, I'm sure this process has been in place for decades and, you know, um, all utilities have a .... have a past due collection process. Um, when the last time the ordinance went into place as far as .... setting that fee originally to $45, that I..I don't know. We can look into that, uh, but it has been for .... for quite a while. It has been for all the years I've been here. Salih: Uh huh. Okay, and um .... you .... you say now.....no. I (mumbled) question. Yeah, for long time, unfortunately. Okay, that's my question for you. That's it. Bockenstedt: Okay! Salih: And, uh, no, you said something else! Yeah, and I remember now. You said there is ... did I get that right, you said there is no .... turn on water after hours? This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 37 Bockenstedt: Um .... yeah, if..if somebody were to contact the Water Department and their water was shut off, um, they would be ... they would have, be able to tum that water on after hours. There is a charge for that, cause, um, you know, that is after hours (mumbled) overtime, um, in order to make that happen, um, but they will have somebody come in and ... and tum on somebody's water for them, uh, if...if they pay after hours. Salih: You mean beside the $45, they (both talking) Bockenstedt: No ... no, it would be a separate fee. It would be a higher fee because they would have to bring in somebody after hours to turn their water on for them. Salih: Which is instead of 45, you charge higher amount (both talking) Bockenstedt: ....if it's during like during their normal operating hours it would be $45, but after hours they would charge an additio... it would be a higher fee. Salih: What that fee? Bockenstedt: I believe it is $88.20. Salih: $88. Bockenstedt: Correct. Salih: Double, almost like 50% .... like 100%. (both talking) Taylor: But yeah, that's probably time and a half for the employee.... more than likely? Since it's off hours. Bockenstedt: Yeah, and ... and that fee doesn't come near to covering the actual cost of...of turning their water on after hours. So.... Salih: But actually the ... the turn on water in the, like during the hours, working hours, was by a City employee, right? Bockenstedt: That's correct. Salih: Whether they went there or they didn't go is still they are a City employee, and they get paid. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 38 Bockenstedt: They get paid through, uh, water fees, and so um (both talking) Salih: Yeah! Bockenstedt: Yes! Salih: Whether it's my water has been shut off, so he came to reconnect it, or I pay it on time, that employee get paid! In both case. Bockenstedt: That's correct. Salih: Okay. That's what I warm know, yeah, because Pauline just mentioned one hour and a half for that, uh, person. Yes, but he's one hour at least is paid, if he done it during the, you know, we just give .... like how long it take for someone to turn water on? Bockenstedt: I ... I honestly don't know. Salih: How long it take to shut off a water? Bockenstedt: I ... I can get an answer for you, for that if you would like. Salih: Because I...I thinks charging like all this money, and I don't know how much you pay (garbled) uh, if you hire hourly for that kind of service. Bockenstedt: Uh, I mean there are ... there are .... rules in regards to the unions and .... and the employees and the hours that they work and ... so, um, there .... there is a cost associated with sending out, somebody out after hours to ... to turn somebody's water on. Salih: I know! I just like mean are you hiring a temp .... like hourly employees for that or just like, uh, you know, permanent employees done that? Bockenstedt: Those are done by permanent employees. Salih: Permanent employees. Yeah. Thank you. Frain: We can get you that, um, get you that time estimate, but .... but typically on an overtime call-back, you're going to have a minimum, uh, a minimum of two hours This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 39 for that employee. So even if it takes the employee an hour and 10 minutes to, um, complete that task, they're probably going to get paid for that two hour, and that's... that's pretty standard, uh.... uh, but we can confirm those details at your second reading. Taylor: (several talking) That's general like standard union language, and I assume these folks are ... are covered under a union contract and it's probably in their contract (mumbled) uh, I know we, at the Hospital, we had a minimum, uh, hour, two hours, to be paid, even if we came in for 15 minutes, we got paid for two hours. So, Mazahir, I'm sure that includes, you know, uh, leaving their home, getting a city vehic.... going to City Hall, getting a City vehicles, those kinds of things. So it's not just the 15 minutes to turn it back on (both talking) Salih: No, I did not say that, Pauline Taylor. I was just saying, uh, during the day time is regular employee (mumbled) water shut or not shut. Just I want you to keep that in ind, they get paid, and after hours I wanna see how long, so we can see the adequate fee. I just, uh, even if the employees get paid like $20 an hour, union employee (garbled) That is not $88 for two hours. I don't think so, but that's what my point was. Weiner: My .... my question is ... is there, urn .... when you send out .... when you're talking about sending out notices, you also talked about the fact that people who got on the reduced cost program were much less likely to have this pro ... problem. Are you also gonna be, uh, will ... would you also envision making a .... an effort, wi.. that comes with the water bill, um, to say ...you know, you should really sign up ....see if you're eligible for this program. Call ... I don't know how you advertise it, but call this number of come to City Hall, find out if you're eligible for this program, in order to further reduce the ... the number of people who ... who might, um, end up, unfortunately, falling under.... falling under this category. I mean that would seem to me a .... that .... any way that ... that we as a city can, um, can bring people to that program and avoid having them.... thereby avoiding them falling into these cracks would be a really positive undertaking. (several talking, garbled) Bockenstedt: That was something that we, urn ... back when we did the toolkit analysis, that we really identified. We, uh, we enhanced the City's website, uh, to put more information on it. Um, we also talked to a lot of the non -profits and different agencies, including the Housing Authority. Uh, we did talk to Center for Worker Justice, uh, lot of the different agencies about getting those materials and handing them out to their customers and their clientele and... and really getting the word This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 40 out. Um, and so it's something that ... that we, uh, continue to make an effort. We put, you know, every year we put something in the ... the customers' utility bills, um, and we have seen a real growth in that participation, um, and we do believe that's been a really good program, but it is something that we continue to promote and we continue to find ways to try and get those messages out there, and we believe that has been effective, um, and it's somethin' that, like I said as far as what we do in our goals, that we continue to ... to work on. Salih: And you are saying that, uh, even though (mumbled) just like via email and text messaging, it doesn't say via mail. Uh, but you mentioned that you will send something by the mail. Is that right or...I'm getting it wrong? Bockenstedt: No, we will ... we will, actually we'll try to send a text message, an email, also we'll mail a letter, and at this point through policy we ... we might still be doing, uh, cardings on doors. So actually we'll be looking at four different ways of communicating with an individual on their water shut-off, versus just right now we have one where somebody posts a carding. So actually the number of...of methods of communication, uh, that we're making is .... is .... far greater effort to get that message to the customer than ... than what is currently being done, while at the time lowering those .... the cost and lowering those fees. Salih: And how did you come up with those sys... messaging, uh, like, uh, system (mumbled) did you then a survey and you found out people are really using text message and emails? Those people who are being the, uh, they always constantly shutting or the, you know, the people who are really facing this problem, uh, how did you find out, and is this email going to be in their own language or this email will be in English, and how you know if that person what language she speak, and all this, how do you figure out those? Bockenstedt: Well we will communicate those messages in the language that are available through the ... the software and through the emails and text messages. Um, it...it will go out in all the languages that we probably would like them to go out in, just because that's not capable. However, uh, lot of those electronic communications, individuals do have the ability to, uh, interpret those emails or text messages into the languages, um, on their phones or in their software, um, and ... and we don't think that we'll be able to reach everybody through every form of communication. However, uh, the more forms of the communication that we send out, the more likely that person's going to get that message. (several talking) This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 41 Fruin: ....add to that as well. Um .... uh, we ... we still, uh, will, um, card, um, properties physically to get started as well, just because it's not listed in the ordinance, uh, doesn't mean we'll stop that practice. Certainly as we transition into that electronic mode, we're going to be extra careful and try to notice people as much as we can, and at some point in the future we feel comfortable enough that the electronic notification is ... is all that's needed, then ... then we can pull back the physical, um, carding of the property. So, um, with the physical notification on the .... on the property, we probably have more flexibility than we would through the .... through the software to ... to get some messages out in different languages, and we can look at that. Bergus: I ... I just wanna say thanks to Dennis for a very comprehensive presentation, kind of walking us through all the different parts of it, and especially recognizing that this is an enterprise fund, and so it has to be self-sustaining, and I think ... having staff come up with creative ways to reduce the fee, enhance the number of contacts and the ways in which people can be contacted, um, and doing that through the use of our racial equity toolkit, I mean it would be wonderful if we could, you know, completely get rid of all fines and fees for everything that we do in the City, but we do have a responsibility to, um, create the revenue to actually provide the service to the community, and I would prefer to see creative problem solving like this than increasing everyone's water bills, you know, to ... to make up for some other change. So I ... I think this is a great solution and I'm pleased that we're hopefully going forward with it. Salih: Hey, Dennis, I have another question. This is not a Council discussion, right, because I'm ... I'm just asking question right now, because I really wanna discuss this, uh, but you know, before that I just wanna ask you question. Uh, did we recently, I don't know, just remind me if I'm wrong, did we increase the tax for water or something like that? Did we increase something for water .... like tax or? Bockenstedt: We did, um ... several years ago or actually the one's being delayed right now. We did a 5%, uh, rate increase in 20 and 5% rate increase in 21, which really goes across the board and hits all water consumption and all fees, um, and that's to support relating the bond coverage requirements, the ... the capital program, uh, for the water fund, and to support the growing cost of the operations; however, this is a fairly targeted change. And, so ... uh, really the ... the loss of revenue is ... is not a substantial, um, as, you know, the change in the water rate increase. So essentially what we're providing is ... is relief and assistance for those that ... that do have the past due and the shut off (garbled) particularly because we found it is disproportionately impacts minorit.... excuse me, minority community. So, you This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 42 know, although we did do those rate increases for the health of the fund we belief that this change is really for the ... better for the overall good, uh, with a ... a fairly minimal impact on the overall financial operations of the ... of the water fund. Salih: Sure. Thank you! Weiner: Did we put off the 5% increase? Have we actually put that in place yet? Seemed to me that we had delayed that, a couple of times. Bockenstedt: It's been delayed, yes. Fruin: (mumbled) ....delayed until February 1St Salih: But, uh, is this was like two times we increase it or just one time? Bockenstedt: We increased it last year and (both talking) another increase this year, which has been delayed, um, and (both talking) This last one was primarily due to the, uh, operations at Procter and Gamble, which is, uh.... significantly our number one customer, um, and is winding down their ...their health and beauty operations, um, which would take approximately 80% of the ... the water fund's revenue away. Um, now currently that operation hasn't been moved out as quickly as ... as we had budgeted it to move out, or were anticipating. So the delay in the ... this last rate increase, uh, hasn't been as impactful because Procter and Gamble hasn't wound down as quickly as we thought they would. So there's (both talking) offset there. Salih: And you said how much was last year, increase? Bockenstedt: It was 5% rate increase. Salih: Five percent and now we are delaying the other five. It will be effected on ... when, Geoff? Fruin: As of right now, February 0. Salih: February 1St. Okay! Teague: Any other questions for staff? All right, I'm gonna .... um .... open up the public discussion. So anyone that wanna address this topic, please raise your hand, and if you're on the phone, press *9 and I'll call on you. I'm gonna go to Hatim, This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 43 followed by Raneem, and we're askin' everyone to keep their comments to three to five minutes. Salih: Uh, my name is Hatim Salih and I live here in Iowa City for eight years. And the reason, uh, who live in Iowa City for eight year I see I get (unable to understand) three times before while I was unemployed, and I really feel that this, uh, that this (unable to understand) givin' people hard time, especially in the area (mumbled) shown on the map. Uh, a year (unable to understand) to eliminate this, uh, phase, as part of (unable to understand) adopt digital shut-off carding as, uh, mentioned in the presentation. That would be a ... I mean that would be a ... that would be a great change in Iowa City, uh, water bill. Thank you very much. Teague: Thank you! And Raneem, followed by Mayra. Hamad: Hi, um, I just wanted to bring up the fact that, you know, recognizing that just today Council made a proclamation, um, about (mumbled) peace and supporting U.N. principles and recognizing that access to water is really a human .... a fundamental human right. Um, I was wondering what, um, steps, you know, the Council has taken since you guys used the racial equity toolkit to determine that the initial $45 carding fee was in and of itself unjust, um, and what kind of, you know, with that same concept in mind, has that, you know, research (mumbled) been done with respect to the restoration fee in and of itself, um, because I truly believe that this, you know, as the person before me has spoken, individuals who are targeted in our community in Iowa City are with, you know, such fees, are those who are low income, um, and primarily people of color in Iowa City, and having such a financial burden, you know, just to have your water even turned on, back on, in and of itself poses some (mumbled) disparities and I was wondering what, um, Council is doing to mitigate those disparities, um, for low income folk in our community. Teague: And typically this is a time to just address Council. Did you have any other comments? You still have time. Hamad: No thank you! Teague: Thank you! All right, Mayra, followed by David. Hernandez Garcia: All right, can you hear me? Teague: Yes! This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 44 Hernandez Garcia: All right, so, um, I have a like several questions and comments about this. Um, will this digital reminder system be reaching the people who it's most ... who are most affected by the late fees? Or like how are we assured that increasing the fee from 5% to 10% will be making any positive difference if the people that are most affected are not getting the notifications because of either lack of internet or lack of computer, phones, um, so it would... this even be reaching the people that it's supposed to be reaching or will it ... not do anything in the end. Um .... and honestly these fees overall are like punishing low income people for basically being poor. Plus, I think that this $47 fee for carding, in my opinion, is ridiculous. Um, because right now, especially during this pandemic, we have a lot of unemployed people and a lot with no income from any source, um, others who are only able to work very few hours during the week, and then you have still employers who don't want to pay, um, for the work that some of these workers are doing. So to put it into perspective, I think that an employer who doesn't pay, you know, what he owes his employees, he or she doesn't get a fee, but somebody who can't afford a basic necessity like water does get... charged extra, for not being able to pay! Thank you! Teague: Thank you. David! Drustrup: Thank you, Mayor and City Council. Yeah, I just wanna support everything, uh, the folks before me just said. You know one of the Councilors brought up, uh, highlighted the idea, you know, there needs to be a way to create revenue, and I don't think anybody would disagree with that. That's one of the functions of ..of these government entities. But we have to be intentional about who is carrying the burden of creating that revenue and not just in a raw number format, but proportionally, you know, like, uh, like the last person just said. The ... these access fees, even though we're lowering them from (mumbled) to another, the existence of these access fees is ... is what people mean when they say it's expensive to be poor. Urn, you know ,the folks who are already struggling to pay their water bills, it just doesn't make sense to continue to charge them, whether it's to turn it off and turn it back on, or under this new proposal to simply turn it back on. I mean if the burden falls disproportionately on those people, then that by definition is .... is a classist, uh, proposal, and so, uh, when we're thinking of a proposal like this, we have to see it as .... as different than just, oh, this is one step in the right direction. Like do we want a classist proposal if it is simply, uh, slightly less classist, you know, which is the reduction from a $95 total fee to a $45 total fee. Um, so, you know, I hope we can just keep that in mind, that a less classist policy proposal is not necessarily progress. Thank you! This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 45 Teague: Thank you! Anyone else like to address Council? Fruin: Mayor, if I may, uh, just real quick, uh.... um ..... the, uh, I think the Council's aware that we have not pursued any water shut -offs since the start of the pandemic in .... in March, and as we talked about in the work session, we don't have plans to resume, uh, water shut -offs, um .... uh, this year. That'll be something we discuss with Council when we turn those back on. So this ... this ordinance, um, is not, um .... um, bein' applied, either the current one or the proposed one, uh, during this pandemic, recognizing that the increase in financial hardships that households are facing. Teague: All right! I'm gonna ... if there's anyone else that warm address Council, please do so now. I'm gonna close the public hearing. Could I get a motion to, uh, give first consideration? 2. Consider an Ordinance (First Consideration) Mims: So moved, Mims. Teague: Moved by Mims. Taylor: Second, Taylor! Teague: Seconded by Taylor. Council discussion? Salih: I'm gonna start, because I have a lot to say. Uh, I just wanna say first thank you very much to the staff, City Council, for not shutting the water during this pandemic. That's really huge. It's really, you know, amazing.... thing! And earlier, you know, even (unable to understand) is doing it now, and earlier I guess Dennis he compare how we ... our law, you know, uh, fees comparing to other cities. We always don't follow the (unable to understand) we be the leaders, and that's why even though Coralville and other city is shutting down the water right now, Iowa City is not doing it because we believe that's not right! That's how we are different than other city. We never have to compare ourself other city, because we always (unable to understand) and be the first who do good things. I'm just gonna speak about your example, Dennis. You know, I'm gonna speak about the old scenario first, before we can come to that new scenario. The old scenario there was three different fee has been... charged to the person who could not pay basically a basic need of the water. So that's why it has been shut off, uh, the This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 46 carding fee of 47, and after that the reconnection fee of 47; 5% of the, you know, of that bill is still will be charged as a late fee, even though this person is paying late fee, he being charged because we sending somebody during the daytime to put a carding notice in his door. So this is ... this is really, you know, it is .... 94, you said 94 (unable to understand) That means a, almost $5 or $4 something plus you told me the total fee will be 99, and my original bill was 94. Almost more than 100% fee if my original bill's 94, you charging me $100 more for just being poor and not able to pay the bill or...until my water has been shut off. This is more than 100%. And now we talkin' about the new scenario! Thank you so much for elimination of the fee of the (mumbled) like the carding! That's huge step the City to take. To be honest with you, I was not ... know that because I never get like the water until shut. I don't know really that fee has been associated. I would of talk about this long time ago! But the City has been charging those people for decade, as Dennis said, making money off these poor people because, you know, they cannot just pay their water bill. Water is really essential need for everyone who live in this city. And I thinks just like eliminating that carding fee is huge! I'm gonna really give you plus on that, but you did that because you applied the, you know, you find out this is really disproportionately, you know, affecting and impacting the low income people. Same thing like (mumbled) the water fee. It is proportionately impact the same people! And those people are paying 5%, giving fact that we change the water, uh, Laura earlier said, you know, she doesn't wanna see that the water has been increased. We did increase it! We increase it last year 5%. We increase it this year and we postponed it, 5%. All this is affecting.... some people they don't even care abut 5% because they don't ... they just pay their bill, but who is affecting? All this affecting the low income people, and we increase it because Procter and Gamble left! And that money was coming, and now who's paying this? The rest of the community, you know, because we want to make up the budget for the City employee. Okay? You know, sending somebody during their regular hours, to turn on the water, that's normal! Why we charge people, and if you wanna send this person after hours, I can understand that. Give them the option. If you .... if you (mumbled) water to be shut ... to be returned back, during the daytime, we don't charge you. That should be, but after hours, we will charge you overtime for that person to come, because actually we pay that person overtime, but that person .... if my water shut off or is not shut off, that person already being paid (garbled) during regular hours if he turn on the water or turn it off. It's still his ... he get paid. You know, I really thinks every .... and also increasing the late fee .... to 5% .... again, become 10% of the bill. If the average is 94, that means we are increasing it by 9....$9, almost $10 increase, but still we gonna charge him instead of 47, 45! $2 discount. This is what make it 55. If my bill is 94 average, as you said earlier, This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 47 and you charge me now after, you know, this great, uh, you know elimination of the fee, you will be charging me 55 instead of 99. Oh, huge discount really. But why should I pay 50% of my average bill, you know, to the City because just they came and retained the water during the daytime? Why? Instead of paying 94, I will pay 94, plus .... the $55 if my bill 94. But if my bill is 100 or like 150, that means $15 late fee. Because the late fee's percentage out of your bill. So, it will be increased. I really think this is not supposed to be. This is really disproportionately impact the low income people. Everyone in this city, yeah, and you said this increase of 5% because to, you know, buy this equipment so this equipment can remind people. If you care bout, you know, somebody carne and put the card on my door, and I did not came and pay my water. I don't thinks if I cannot see that card, I'm not gonna see (garbled) or going to the internet. As somebody else said on the call, you know, we really don't know if this going to reach all the people! We don't know if you know the language that person speak or not. I don't think so, and I don't think those people who can work two job and come late, they have to go and look to their emails or look, you know (mumbled) I'm a City Council and I have hard time like, uh, looking (unable to understand) work email and my personal email and my kids' email, and I ... I always in front of the computer. Who said all the low income people have computers? I don't think (unable to understand) with this policy, you don't know the low income people! That's why always when we making policy we have to invite the people who affected by this issue and ask `em question, let them be part of the decision when we wanna do something. The equity toolkit is to involve people who are really affected by the problem to make sure that the new change it will work for them and it will work for the City too. Everybody in the city need water, and everybody in the city have water, but not everybody in the city have internet device or maybe a phone that, you know, get text message. Maybe their phone all the time disconnected! You know, I just really believe this is not something that we should be. Uh, you know, I think we need to eliminate the turn -on fee, if you tum the water on, uh, during the hours, and we charge `em overtime fee if this happen after hours. I ... really believe that we need the, you know, to just do this and eliminate all the fee that unnecessary and just .... just disproportionately impacting the low income people. I really don't support this going.... moving forward. And I hope we're not gonna do it! Thank you! Weiner: Can I ask what impact it would have on the enterpr.... water enterprise fund, not to have the turn -on fees, because I, um, I'm inclined to agree with ... with Maz on that. I just wanna know what the financial impact would be, cause I know that the water (several talking, garbled) This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 48 Bockenstedt: ....125 to $150,000 we collect in (mumbled) late fee charges and we collect about $350,000 in the carding and reconnect fees. So between the two of `em you're looking at $500,000. So, um, so it is a fairly significant dollar amount in relationship to the revenue, um, of the fund itself, and urn ... so ... so it would have a .... it would a fairly significant.... to give you an idea of what the impact would that be, the water fund's average capital program is $900,000. So essentially you would wipe out 50% of their capital program, uh, your full elimination of...of those charges. Um, in addition, you know, those were the only real tools that we have to incentivize payment. Uh, when people, uh.... incur a late fee or a reconnect fee, that incentivizes them to pay their bill timely, uh, as well as to prevent their water from getting turned off. The elimination of those fees would remove those incentives for people to pay their bills on time or to prevent their water from getting shut off. And would actually probably lead to .... to more staff time, participating in collection and reconnection activities, um, if they are not being charged for. Um, so there are operational reasons to (garbled, goes silent) maintain the fees, as well as financial reasons. However, um, no, uh.... and it's not just low income impact... people that are impacted by this. You know, we do have a university community with a high transient population, um, that we have to consider as well, uh, which may have been one of the driving forces behind the... the, uh, higher fees in the collection program. Although I believe that the unintentional consequence was more the minority community. Um, there are, uh, operational reasons why you would wanna maintain that fee structure. Salih: I just wanna just make sure that people are not understand me wrong. I'm not advocating for eliminating the late fee. If you late, you pay a late fee. 5% late fee. We just increase it 5% and now 5% late fee. I'm not like really...... but I wanna ask you really question, you said that the 40 .... the $47, how much, uh, income generated by the enterprise with the water? Bockenstedt: Uh, that would be for the carding fee and the reconnection fees is approximately $350,000. Salih: $350,000 for ...for just, uh, reconnection fee. Bockenstedt: Correct. Salih: Okay. Just let us give an example, if all the city people become very good (laughs) on like paying their water, and nobody water shut off, and you don't need to charge `em fee, where are you going to get the money ...for your department? This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 49 Bockenstedt: Well right now the primary source of revenues for the water fund is through water fees. And so (both talking) Salih: Yes! Water.. water fee. Bockenstedt: (both talking) ...through the water rate charges is the primary source of revenue.... for the water fund. Salih: But if there is nobody.... their water has been shut off, so you don't need to charge `em $45. If that's really going to affect the budget for the water? Bockenstedt: Well, uh, it would really impact the budget for the water because we ... there currently are people who aren't paying their bill on time and they are (mumbled) fees. So, uh, theoretically if they all paid on time, that would lower our collection costs, um, and, you know, those (mumbled) would be covered through the water rate charges. Salih: But it still is not going to be that significant amount I guess. Bockenstedt: I don't know (mumbled) Fruin: (both talking, garbled) When you're talkin' several hundred thousand dollars, as .... as Dennis mentioned, you're talkin'...you know, you could put it in any number of relative terms. That's, uh, you know, several employees when you think about salary and .... and benefits. That's the equivalent of..of several permanent staff, uh, or the equivalent of a, you know, depending on what fees we're looking at, a quarter to half of the capital program. So , um, you have to come up with those expenses some ... you know, in ... in some way, either... either you just....reduce the overall expenses through cuts to the department, or you raise the overall water rate across all users to .... to compensate for that. Salih: Yeah, you mean those people who paying fee has really helping the City! And we need to encourage them to like be like this because if they don't have a water shut off we gonna lose some money. Fruin: No, that's.... that's not what I'm saying. I'm just trying to give you the practical (both talking) I'm just trying to give you the practical budget realities that you need to consider when making a decision. If you ... you decide to go and waive all the fees, that's fine. You just have to know that we're going to have to make up that revenue because it is an enterprise fund. So it would lead to, um, eventually This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 50 higher, um, water rates across the board, or a reduction in expenses, and ... and that's what we would figure out based on your decision. I'm not trying to ... I'm not trying to do anything but give you the facts that you need to make your decision and then we'll ... we'll adapt accordingly. Teague: So, um, I appreciate, uh, all the discussion and even the comments. When we talk about water I do believe it is a human right, even housin' is a human right, um, healthcare is a human right. Um .... but right now housin' and healthcare, they have costs associated with them, or you get a .... you .... you connect with a program that can get you reduced rates or even, um, for healthcare, uh, there's state programs where Medicaid will pay, um, for an individual. So just like these others are human rights, I also believe that there is an opportunity here that we can probably look at. So the low income discount program that we already have in place, that's somethin' that I think is very good. (coughs) Um, and then we also have this donation program that's in place. So when I look at the, you know, the 10% late fee, um, given the average is about $10. Um .... I do believe that there are some individuals that do need kind of that nudge, um ... or this is .... some individuals do need the nudge, um, but even the late fee itself oftentimes when someone sees that, um, you know, shut-off notice, uh, they kinda get busy and become serious about trying to figure out how to, you k now, uh, pay this bill. Um, and there are .... in my earlier example in the work session, I...I.... I referred to that, um, of the 455 individuals I believe that had their water cut off, or .... I don't know if it was cut off last year or what, um, there was probably someone... there were probably people in there that can afford to pay for their water, but whatever reason they didn't pay it, and then it was shut off. They turned it back on, whaalaa.... but, um, there are certainly a lot of people that have challenges, financial challenges, paying for their water. What I would, uh, like us to think about is is there a way that we can, um, have this type of, uh, program where there is a forgivable , uh, portion to, uh, tumin' off water, because there are some individuals that have no idea about this low income discount program. Um ... and so if they .... if they aren't aware of the low discount program, their water's bein' turned off and then on the back end, you know, um, they can come back and try to figure out this low, uh, income discount program. So, um, I'll just kinda cut to the chase to what I'm .... what my thoughts are and I'm not sure .... what other Councilors think. Uh, is if we have this forgivable, uh, process or this opportunity where, uh, if someone had financial challenges and they said they had `em, where we offer them an opportunity to have that, um, turn -on fee waived, uh, totally, get it ... maybe the first time it's forgivable, altogether, and then after that we try to figure out ... how can this person that does need this, uh, human right, this water, how can we figure out how to ensure that they can have the water. So it's not a all This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 51 or nothin' for me right now in this process. I really believe the element that's missin' for me is kind of a .... a forgivable piece, uh, with... within this proposal. Salih: Dennis, I have a question for you. How much is, uh, the ... the discount? Bockenstedt: Uh, it is 60% of the water, sewer and storm water base fees. And it's 75% of the trash and the recycling and the organics charges, and so, um, it's somethin' that we haven't really discussed. It's been all about the water, but this billing does include, you know, the trash pickup, you know, cause the cost to drive the trucks around and pick up trash (mumbled) include, uh, you know, the tree and branch, and the food waste pickups, as well as the curbside recycling programs, as well as the ... the waste water treatment plant, and ... and the storm water system is all part of this ... of this package; um, however, water is the one that is primarily, uh, overseeing this process, this collection process. Salih: You mean if somebody .... I know the applications and they have to receive some of the, um, public benefit and (unable to understand) Is that, if I .... if they bring that they get 75% off of their bill? Bockenstedt: They get it off .... so like right now say the ... the garbage fee, collection fee, is $12. Salih: Okay. Bockenstedt: So they would pay .... $12 a month, if they qualify for that program they would only pay $3 a month. Salih: (both talking) Okay. And that's also their water bill, like $100? Bockenstedt: Well it's, for the water and sewer and .... water and sewage (mumbled) base charge. So the base charge say is ... is $8. They would get 60% off that base charge but they would still pay for the consumption portion of that. So if they exceeded the base charge by consuming a lot of water, they would still pay for those consumption charges. They would get the discount on the base charge. Salih: For somebody his bill averages $94 a month, uh, how much discount will get? Bockenstedt: It ... it could vary. It would generally be probably around .... 20 to $25, um, is what (both talking) um, but it depends on, you know, if they're renting, some landlords, you know, may (mumbled). They may have dumpsters or...for those people that are renting, or they may have water included in their rent. Um, so it...it really This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 52 varies, um, on what that discount amounts to, um, so of the program we've got like 455 that receive discounts on water and sewer, but we only have about 250 that get it on trash and recycling because a lot of those are included as part of their rent perhaps. So we don't have the same .... it doesn't affect all the participants equally as far as what their overall savings is. Salih: Uh huh. Bockenstedt: You know one .... one suggestion might be, um ... you know ,right now they have to qualify for a handful of different federal programs (mumbled) discount program might be to ... look at expanding the discount program, uh, to capture more individuals, uh, because we, like I said as part of that, uh, racial equity toolkit, those that do participate have a far lower incident rate of being carded and shut off. So perhaps a solution, uh, is to keep the incentives in place; however, expand the program to try and capture more people that are actually receiving, uh, those discounts. Thomas: That's what I would support (laughs) you know I'm .... I'm .... you know I think you've put a .... staff's put a lot of work into .... trying to improve the situation with respect to the, you know, these charges, uh, but what was concerning me is ... is making sure that as many people who would qualify for the discount actually receive the discount, and so it's going to be some time between now and when we, uh, you know, the shut-off practices are reinstated. So I ... I would encourage staff to be, uh, you know, I would support what... what's up before us tonight and be asking that, um, staff look into getting a better fit of our, uh, discount program with the actual needs of those who are, uh, low income and ... and require that discount. Mims: I would agree with John. I think the staff's worked really hard to, you k now, construct a ... relatively, as well as we can, a fair fee structure that still meets the needs of an enterprise fund, um, and making sure that the people who need the assistance have it, and you k now, just keep in mind this is where we're also as a city giving a lot of money to non -profits to help people that are in this situation. Um, to pay rent, mortgage, and utilities, and I think another way that the City can help make sure that people are aware of the discount program is to make sure that the non -profits, um, like Shelter House, CommUnity, CWJ, or making sure that all the people that come to them for assistance, you know, are aware of the discount program and help them to navigate, um, applying for that if they haven't done so already, but I ... I think it's important, and I think Dennis brought up a really important point about, you know, sometimes you have to have some ... some This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 53 fees and penalties there to incentivize people to pay, especially when we have such a transient population, uh, with university students, lot of whom move, you know, every single year and if they can just .... if they're responsible for those utilities and not their landlord, and they can just move out without having paid, um, and there's no ... and there's no real penalty, then we're gonna have a lot more people who aren't paying who actually can afford to. So I ... I would agree with John. I think ... I think this is a good change of the policy, um, and at the same time we need to not only at the City level but the non-profit level make sure as many people who qualify for the discount are aware of it and get...get in the program, and two, make sure that non -profits have the money to help people for whom there still is a gap. Taylor: I think this would be a good opportunity to ... to look at that program, uh, and maybe expand it then, cause ... am I remembering right that it's something like 800 at this point who, um, are unpaid on their water bills? So I don't know how that compares to how many are actually on that reduced rate, and maybe you could utilize that list and compare that and... and those folks that make up that difference, uh, up to the 800 could maybe, uh, be encouraged to apply then? For that, um, reduced rate program? Bockenstedt: So we do have those numbers. So right now we have 843, um, accounts that are past due and of those only 46 are on the discount program. So.... Salih: Even if you have discount program, or if you don't have it, if you don't have money to pay your water, the discount wasn't do anything for you! We talking about you don't have money, that's why it did not come and pay water. You know? If I have that discount and I still don't have money, the discount not going to do anything for me. I'm talking about just adding another extra $40....$45 to the bill for somebody, even have a discount, and the discount is not applying to the 45 by any means, because that's (garbled) we will be adding. You k now? This is really not right. I ... I did not say don't charge `em late fee. Charge `em late fee. If they are late, they have to be charged late fee! But not the $45 if we sending someone during our business hour. Bergus: So what we have in front of us this evening is an ordinance to reduce, completely eliminate the ... the carding fee and reduce the ... the shut -on fee, and increase the late fee. Um, during our work session, Geoff talked about wanting to come back to us with some specific utility relief suggestions that would include the, um, those individuals who are currently late, to help make sure that they don't face shut-off or reconnect fees, um, going down the road. So I ... I think it's important This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 54 that we eliminate the fee that we're trying to eliminate, um, and I'm ... I'm supportive of this this evening because of that. I ... I think we've already directed staff to come back to us with ways to totally relieve the utility pressures that we know are out there due to the current emergency and that we know are going to be extended for months and months. So I hear you, absolutely, Mayor Pro Tem, that this is, um, we need to look out for people that just cannot pay their water bills and I think that's... somewhat a separate issue from the change in the fees that we're looking at this evening. Salih: No, actually because we are not talking about during COVID-19. We talking general. If I would know this long time ago I should have brought it up before the coronavirus. You know, we have help there. I know that CommUnity...to me, I know that CommUnity is the only one give $100 like every Monday to the people who are, uh, you know, need to pay utility, but this $100 will be like, I guess, every six months you should apply for it. It's not something like ... that's during the normal time, not COVID-19. You know? Because now there is more help. This, you know, the shut-off water right now, we not shutting to nobody, but this is only temporary because of the COVID-19. We going to do our normal practice when this over. And I'm talking to the future, not during this time. Teague: Are there any other comments before .... seem like we're ready to make a vote. I did just wanna make mention of, um, as .... as I listen to John, uh, Councilor Thomas, um, taWn' about, you know, relookin' at the low income discount program, uh, for me again I believe that the fees, um, as it is in this, um ... ordinance is appropriate. What I believe that we need to do is revisit that, revise the ... revisit the low income discount program, see how we can expand it, as well as havin' some kind of forgivable process for anybody that has, uh, a shut-off or like, um, that is gonna be shut off. Where we look at how can we help someone that is in that, at the City level — not at some of the, um .... some of the other programs, so ... and I do believe that these are separate, um, and not a part of this whole, uh, process. Salih: I have a question for Eleanor. Uh, Eleanor, uh, how can we vote for this if I wanna support elimination of the fee, but not the increase of the fee? Dilkes: Uh, well you'd have to .... you'd have to amend the ordinance in front of you to, um .... I ... I don't think you can vote on parts of this ordinance. Salih: (unable to understand) because I'm supporting the elimination, but I'm not supporting the rest of it? This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 55 Dilkes: I think you'll have to choose how you wanna vote on the whole ordinance, unless the ordinance is amended. Salih: Can we amend it? Dilkes: Takes four people to amend what's on the floor. Salih: Okay. Teague: Yep. So I think Mayor Pro Tem just asked if anyone wants to join her in the amendment.... of the ordinance. Salih: Because I wanna support the first portion. (mumbled) Weiner: What are you proposing to amend? I mean I would be favorable of leaving the late fee at 5%, as opposed to raising it to 10%. Teague: Is that the amendment that you want or you want somethin' in addition to that? Salih: What you mean? You talking to me? Teague: Yes! So she said she would be supportive of leaving' it at 5% late fee and not takin' it up to 10%. Salih: Yeah, that what I want, but I want to support we eliminate the 40, but this is... all of them like a one item vote. Teague: So are you, um, would you take .... would you consider the, uh, keepin' it at 5%? That'd be the only amendment, and you ... (mumbled) put it out there for others to consider? Salih: No. I ... no, I ... the, I just don't want to have, um .... oh, do you want me to put like different motion, to amend? Or...I don't know what you mean, because I really don't like the 47 ... (mumbled) fee for the shut-off. Teague: Okay! So I think you're not wantin' the 45. Overall, correct? Salih: Yeah! No shut-off fee unless, you know ...(garbled) what I need is really like a major change to the proposal itself, because what I need is yes, charge for late This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 56 fee ... shut-off fee like, uh, like reconnect fee, if it's after hours. But don't charge if before hours. Teague: Okay! All right, don't charge if it's before hours, and so um, so Mayor Pro Tem just put a, urn .... a .... an amendment on the floor, where the ... it would not be ehargin' the $45, uh, before hours, but would charge, uh, 45 or even the time and a half, or whatever the case may be, after hours. Um, is there (both talking) Salih: And keep (garbled) and keeping 5% increase. Teague: And keeping the 5% in ... increase. Is there anyone that would like to second this (both talking) Salih: I mean like... Teague: amendment? Taylor: Well, Maz, I can understand where you're coming from and I would go along with the 5%, but as far as the reconnection fee, I mean, every other utility, uh, your Century Link, your phone bill, MidAm, uh.... uh, Mediacom, all those all charge a reconnection fee. It's just kind of a standard practice for those kinds of things, so I ... I don't really see any problem with that, uh, leaving that in (garbled) they dropped the carding. I mean I agreed with you the last time around but that just seemed kinda silly, you know, to put ... go and put a card on somebody's door and say you're gonna be disconnected and then charge `em 47 bucks cause you put that card on the door, so I totally agreed with you, and I was happy to see that that was eliminated this time ,and thank you, Dennis, for doing that, uh, and I... then I agree with you on the 5%, but I still think, um, the ... the, we do need some type of reconnection fee. Dilkes: (both talking) Mayor, can we ... Mayor (both talking) there you go! Teague: Yeah, there's a motion on the floor. Is there a second? Hearin' none, um, I think we're, um, going to go with roll call, unless there's any more comments. Salih: (mumbled) Teague: Uh, we're gonna vote on this item unless there's more Council discussion. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 57 Weiner: I would comment is that ... I mean I think that when .... that we can go at this, that we can focus on this one piece at a time. It doesn't have to be ... as we move through (mumbled) it doesn't have to be the only time, um, we work on this. Salih: I ... I just, also I wanna comment something. In the future, please involve the people who been affected. I don't think the City employees, uh, or the Council or whoever now, uh, agreeing for, you know, charging people, you k now, because they being poor. You know, they have to pay for that extra money and, you know, pay your bill like over 150. All those decisions sometime come by the ... by the City and by the staff, by the Council, is not really somebody who put that policy, they don't have any relationship with a low income person. They are not frontline experience with the people and their life. Those people, most of them, is the people who never get notice for disconnections. They don't know what's going on, and I think those people are not the people supposed to make the policy. Or at least those the people should go and conduct with the people who are really suffering from this. When you make policy, before you make it, see who is going to affect. What the, you know, the purpose of the (mumbled) if we are not really doing a survey and bringing the people who been affected by the problem and ask `em if this policy is good or not. Just (mumbled) whenever you just decide a holiday when somebody, uh, like is not, that holiday is not good for them. Just like I can give you example for anything else, but I just mean like always bring the people who affected by the issue to the table of discussion before you make this policy. Frain: Mayor Pro Tem, if I may respond to that. Uh, when we went through the equity toolkit review back in 2017, we did invite non -profits in to talk about this, and we ... we went through the shut-off process, uh, with various non-profit service providers and explained to them what that process was, explained what our discount program was all about, and then asked for, uh, their partnership in helping us ex ... in helping us expand that ... that discount program. Uh, through the toolkit process we have engaged the non -profits. This is a later phase of that, uh, of that, uh... uh, of the ... of that, uh, process, but that ... that is a key part of the racial equity toolkit is that outreach component. Um, and ... and we did that, and it was several years ago, but urn ... uh, we did get quite a bit of feedback and we did have some success. I think Dennis showed in his slides that we had a 35% increase in the, uh, participation for the, um .... uh, the low income discount program, and that's a direct result of those partnerships with those non -profits that ... that we, uh, that we made at that time. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 58 Salih: Have you invite immigrant person to the table? Have you invite a Latino person to the table? Have you invite those community leaders to the table? That doesn't mean like non-profit organization, they know everybody. Bring the actual people who really get disconnected to the table (both talking) There is many community members in this community, they serve in multipl ... you know, committee and we know them. We can bring them to the table and ask them, not only like, uh, you know, along with a number of the organization of course, but ... I don't think that (both talking) Bockenstedt: I will say that....we.... we deal with the customers with these issues day in, day out in our office. We've, I mean we ... one of the busiest components of the Revenue office (mumbled) is workin' with people who are past due and overdue on their bills, and figurin' out how to take care of that and talk to those people, and I do frequently talk to those people and... and I will say that from those conversations, um, that this carding fee is ... is the biggest problem, and they often, the non -profits will provide them money to pay their past due fees and they will provide them funds, um, to prevent them from getting their water shut off, but it's not uncommon for that carding fee to be too much for the non-profit to be able to keep them from getting their water shut off. And so if they owe, say they owe $50 on their water bill, they can get the $50 from a non-profit, but they can't get the $45 for the carding fee and that's frequently a problem and it's often a contentious point, um, with those customers and it frequently leads to their water shut off. Um, you know, it was from working with customers on a daily basis we're, uh, we really have drawn the conclusion that this carding fee is one of the biggest issues (mumbled) people who are getting their water shut off, because out of $300,000 water, you know, utility bills we send out, we only shut off 800 accounts per year. So it's a very small number of accounts that actually get shut off and reconnected. But one of the biggest problems is getting that $45 to avoid from getting shut off for those individuals and so we do believe that this solution, uh, does resolve a big issue for those individuals that are trying to prevent their water from getting shut off, um, which is one of the reasons that ... that we have proposed the elimination of this fee, um, because we know it's a difficult burden for those... cause most people don't want the reconnect fee cause they don't want to get their water shut off. Salih: (both talking) but what... which organization will give a person who has shut off, uh, during six, uh, months three times? I thinks you know there is certain organization give only one time per six months, and that's not helpful. Teague: All right, um, anyone else want to make comment before we take a vote? This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 59 Weiner: Yeah, I just wanted to see if there was a second for a motion just to maintain the late fee at 5%. Salih: Yes! Teague: All right, so there's a second to maintain the motion to, um, for 5%. Dilkes: Who made the motion, is that .... is that Weiner? Teague: Yes (several responding) And Mayor Pro Tem seconded it. Um, I ... um, I think we're gonna do a formal vote, um, on ... makin' that amendment. Um, so we'll roll call on that. Bergus: (several talking, garbled) ask a.... Salih: Oh ... yes! Bergus: Sorry, I just ... can we have discussion on ... on this? Teague: Yes! Bergus: Dennis, can you let us know the financial impact of the fee staying at 5% instead of 10%? I don't (both talking) Bockenstedt: Sure, it...it would be about a 125 to $150,000, uh, difference. Bergus: Okay. Thank you. Salih: And (garbled) of that to buy a new device to send something electronically? Bockenstedt: What it does is there's software that works with our utility billing software, and it allows us to essentially email and text, uh, you know, customers for late notices and cardings and shut -offs, uh, so (mumbled) emails. So it...it allows us another avenue to provide communications to those customers, uh, prior to getting their water shut off. Salih: And if we did not do that and we just keep sending the card, the carding, and that's it, and because I guess that's a visible one (both talking) Yes. Can we still keep it 5%? This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 60 Teague: I guess what I did hear Geoff say earlier, and maybe even Dennis, that, um, if Council did decide to go ... to make a change, then they will figure out the budgetary changes. Bockenstedt: Yeah, one of the ... one of the big cost savings for the elimination of the carding fee was to eliminate the physical carding. Now, as Geoff mentioned, there is a transition period and it's going to continue to be evaluated, because we do believe you k now, we wanna provide customers as many avenues of communication as we can get, and ... and we believe the electronic communications is .... is the wave of the future, and it's also a potential way to reduce our carbon emissions, and so, uh, you know we would probably likely pursue the ... the electronic route in either scenario here, um, but we feel that it's a more expensive way to communicate than (mumbled) a person in a vehicle to make that communication. Mims: I'm not gonna support the amendment, and the reason is ... the difference between the 5 and 10% on the average bill sounds like it's like $5 for the individual, and yet for the City it's ... it's a difference of 150, which could get us this electronic communication, which could give us a ... not a different, but additional methodology of trying to contact people, and again, from the carbon footprint, from more ways to try and contact people, and staff has spent a lot of time trying to put these changes together that still work in terms of our budget. So I'll be voting no on the... reduction of the late fee. Salih: But it still, Dennis, we going to have the 5% increase (unable to understand) for water in general, right? Bockenstedt: You mean the overall rate increase? Salih: Yes! Bockenstedt: That was adopted in an ordinance last year by the City Council (both talking) and it has been delayed, uh, due to the COVID-19. Salih: Yeah, but it will kick off if we .... on February l" Bockenstedt: Correct, and that ... that fee was an across the board fee, so it impacts all water users, um ... entirely, all .... all the water fees, not .... not just any particular community. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 61 Salih: Sure! That's why I just wanna highlight that will be another increase for somebody who's late. And for everyone, but specifically if you're late, you're gonna have increase soon too. Teague: I ... I'm gonna support the 5, uh, keepin' it at 5%. Bergus: I think we have to just remember we ... we have to absorb that cost somehow and that may be multiple staff people in the Water Department. So I'm ... I'm not willing to ... to, um, make that decision. I won't be supporting the amendment. Thomas: Yeah, I'm (both talking) Salih: (both talking) Thomas: I'm trying to separate out. I ... I feel we're ... you know the ... the issue in my mind is, you know, we're trying to re ... recalibrate these fees for the general water use customer. Uh, now, you know, there are those who have difficulty financially meeting the cost of that I think are a separate sub -set of that larger customer base, and if you reduce say the, you know, this late fee, that affects everyone, right? Every ... not only those that can't afford it, but those who can afford it. So, you know, I'm inclined to leave that in place and focus our efforts on identifying those who have the financial concerns that we need to address, but for the general public, the general user of our utilities, to keep what was proposed in place. Salih: I just wanna tell Laura something. Laura, you ... you, if we, if we did not increase the 5%, that means we don't have to do this system that need money to support it. Because we already eliminate the carding fee, so people can still put the card for free. So we already send a notice to the customer that their water will be shut off, or you know, in certain times, and we don't need to buy, you know, to support this system, so we don't need that money to be supported. I mean like not ... don't eliminate... don't increase it and bring that system, you know, we can, you know, just don't do that system, because he said they need this money to support the system. To send emails and text message, for the people who are not going to read it (laughs) who are not going to see it. Bergus: I support, um, I support, um, contacting people in as many ways as possible and I think that is the most equitable. Salih: Okay! This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 62 Teague: Any... anybody else wanna make comment before we make a vote on (both talking) Taylor: I still ... say that this is a perfect opportunity, Dennis, then to ... to reach out to those 800, uh, to see how many of them, uh, they may not even know about the, um, reduced rate program and ... and really encourage them to do that, cause that could be a significant savings for them too. So that's what I would hope that we could do. Teague: Okay. All right, we're gonna do a vote on the amendment. Roll call please. Salih: What we have to say here? Teague: Um, so this is the amendment for, uh, keepin' the 5 ... for keepin' the late fee at 5%. Salih: Yes, keeping the late fee at 5%. Teague: Motion fails, urn .... (laughs) what was it, 4-3 ... 3-4 (several responding) Yes! 3-4, because of the positive. Yes. All right, um, so then any other comments before we take the final vote for the, um, for... for the ordinance itself, with that, um ... well, for the ordinance as it is, because the amendment did not pass. Hearin' no more comments, roll call please. Motion passes 6-1. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 63 12. Truth and Reconciliation Commission — Resolution establishing Ad Hoc Truth and Reconciliation Commission Teague: Could I get a motion to approve please? Thomas: (several talking) Thomas. Salih: Second! Teague: Uh, moved by Thomas, seconded by, uh... uh, Salih. Salih: Yes. Teague: All right! And so ... um, presentation .... on this. Or .... are there any, um .... (both talking) Weiner: Sol...I would just preface this, urn .... by ... by saying essentially that Councilor Bergus and I spent a lot of time on a lot of drafts, working with a lot of people. Our intention, um, and this has been a highly unusual process because it's not usually the Councilors that write a resolution. Our intention is to really to create, um, a framework... with which ... with which we will entrust the commissioners, into which we will entrust the commissioners to breathe life, with full support of the Council as a whole, individual Councilors, and the City staff. Um, and that.., that's basically all I wanna say right now as preface. Teague: (mumbled) All right! I'm gonna open up, uh, any questions from Councilors... well I guess we'll have our discussion later. Um. I'm gonna open this for public discussion. So if you would like to address Council, please raise your hand and, uh, keep your comments to three to five minutes. The other thing that, um ... um, we ask that people only address Council once, um, so we're gonna open up public discussion now and Raneem, um, please, uh, join us! Hamad: Hi, first of all I want to thank Council Members who have been working, um, on this resolution. Um, but my first question is, um, regarding the email communications that IFR has been having with, um, the two Council Members regarding the TRC. I wanted to ask if those, um, communications were included in the official record and if they're not, we ask that they be included. I would also like to express IFR's disappointment in the City Attorney's responses with regards to providing the legal explanations towards, with respect to limitations. Moreover, um, from our understanding of the memo there isn't anything that This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 64 clearly prevents Council from accepting IFR's previous amendments. Um, with respect to the first point in the memo, the proposal... for the proposal of a budget by Council, um, the City Attorney states the funds must be used for the public objective (loud ringing in background) we believe that the (mumbled) Iowa City's public objective in and of itself, and the proposal of a budget for Council approval serves to constrict the TRC. Um, with respect to point number two, the City Attorney states that no commission can truly be independent and cites Iowa Code 364.2, a power of a city is vested in the city council except as otherwise provided by state law, but we would like to highlight that this does not speak to the po... this does not speak to the power or limits of the City to delegate powers to the TRC. More specifically, in recognizing the proposed TRC (mumbled) new concept to our city, not comparable to previous City commissions. Iowa Code 364.6 states if a ... if a procedure is not established by state law, a city may determine its own procedure for exer...for exercising the power; therefore, we believe that Council has the ability to give the TRC the legit ... the legitimacy it actually needs. With respect to point three of the memo, the City Attorney admits that the TRC will not be able to offer any robust and meaningful protection, um, to victims in its mandate. And with respect to IFR's amendment, she only cites ambiguity, um, as a concern, but our demand, um, states an ideal. Keeping previous TRCs in South Africa and other nations in the world in mind, protection for victims is really... it's truly necessary in such a mandate as it institutionally ensures a fully supportive environment for individuals who decide to participate in such process. Um, with respect to point number four, um, IFR (mumbled) requested language (mumbled) official and persuasive authority to the maximum extent possible. The City Attorney states there is no official authority though we ... we reiterate the fact that Council still has a privilege of persuasive authority that should... that it should use for the protection of victims who participate in the TRC. Um, in summary the TRC resolution as it currently stands is creating commission that will not truly fully achieve the ambitious goals with respect to targeting the systemic racism that is entrenched and is resi... resistant to change as so state in the Preamble. The Council is rejecting the tools that are necessary for real systemic change and with respect to IFR's participation, uh, we're currently still considering that at this point, um, with the extent of the resolution as it is now, and we're considering possi... the possibility of either, um, you know, whether being in the pro ... being involved in the process or creating a shadow TRC through mediums such as social media, um, that truly are able to provide, um, members of our community, um, the, you know, true independent justice that they deserve. We have issues with simply buying into a process that currently seems reformative and that is essentially asking for business as usual, um, we need to... we're still going to be fighting for the systemic change that we have asked for in This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 65 one of our earlier amendments as well, but it was also not, um, added to the resolution, um, and that is all that I have to say! Thank you. Teague: Thank you. Would anyone else like to address Council? Seein' no one, Council discussion? Bergus: Maybe I can just provide a little more context to where we are and what I think we're hoping to accomplish with this resolution and the formation of the Truth and Reconciliation Commission. Uh, this is a ... incredibly unusual step for a city government to take. We are making a commitment to acknowledge systemic racism that has ... that is in our community now and trying to make positive change for the future. Uh, I'd be very happy to, uh, disclose all the emails that we had, um, with individuals from IFR and include those in correspondence, and I will get those to ... to Kellie, uh, for that purpose. I ... I'm disappointed that what was just presented was a kind of an all or nothing, um, stance, because I think we've taken a tremendous amount of, um, effort in reconciling requested changes from numerous stakeholders, the Iowa Freedom Riders being only one of those, and so, um, I think the version that you have in front of you tonight, you will note that this is the fourth time, I believe, that this has been in front of us, um, and we've taken careful consideration and, um, tried to meet that balance of what is truly attainable and set the commission up for success, rather than, um, implementing a process that we think from the outset could have been, um, prepared for failure, because it would have been seeking to compel things that we couldn't compel or seeking to, um, provide redress that we couldn't really provide in the context of this framework and this structure. So I hope that the City Council, you know, will support the ... the resolution that's presented here tonight. I think it's an incredibly positive step and would create as ... as Councilor Weiner said, a framework for a process that could truly provide safe, supported, and healing processes for our community. Weiner: I'd like to make three points. Um, one of which is .... in practice, all the City commissions operate extremely independently. And ... there, I don't ... I would be hard pressed to believe that anyone on Council wants to try and direct, um, or somehow constrain the operation of a Truth and Reconciliation Coun... Commission or any other commission. Um, with resp ... the second point is with respect to protecting people who would ... who would give testimony or be truth tellers, one of the reasons that ... that we landed on nine, uh, nine commissioners is to allow for the commission to break up into committees, and .... and potentially committees of three. When .... when you don't have a majority, um, of the commissioners .... there can be sessions where there is no, uh, requirement for the This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 66 public records. So if there ... if you have a committee of three working on truth telling, there can be people who come forward anonymously or however they wanna come forward. There can also be anonymous, uh, written testimony, if there are concerns about potential retaliation, and the third point finally is ... it also, it was ... I'm also very concerned that as people come forward with truth telling, it may be triggering for them or retriggering for them, and that is where we would... we would hope that the commission... the commissioners, with the support of any staff and certainly any members of Council, would help connect people with the resources they need in this community that exist through our non -profits and otherwise. Thanks! Dilkes: I just need to clarify on your second point, um .... Janice .... breaking into three will address the open meetings issue and, um....but it won't address the public records issue. It would have to be purely oral, um, within that framework, because records created by even less than a majority of the commission are going to be public records. Weiner: Thank you very much for that clarification. Teague: So I (both talking) Taylor: Oh .... did .... oh, go ahead, Mayor. Oh, I just wanted to, um ... uh, thank Janice and Laura for all the work they've put in on this. Um, and I'd just like to remind folks that it would not of even happened if it weren't for the IFR, so those IFR folks out there, thank you for bringing, uh, this need to our attention. Um .... and I'd also like to point out that we are in a .... a time constraint here, uh, because we would like to get this, uh, commission set up, and that takes time in, uh, putting out for, uh, applications, people to apply, and then the Council to look through those applications, and make those appointments, and that takes time. So we really do need to get moving on this. I think it was either Laura or Janice mentioned that this is like the third or fourth time we've looked at this, and I think I ... I think we've got a good document here. I... I had just a quick couple questions. I did run it by Councilor Weiner and she sort of cleared it up for me. Uh, I just had as far as time constraint, I had a concern about the, uh, item #6 about the independent consultant, uh, who would select that and .... cause as we know from, uh, hiring consultants, it takes, uh, that's a time process, uh, by the time you get the applications in, decide which consultant to go with, and then do the process, that takes awhile. Uh.... I think Janice said that that could be done ahead of time, uh, and the other .... the other just point I had was, uh, question about the periodic updates to City Council, cause as it is now, um, the commissions, uh, do publish This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 67 minutes, and is that just a given that they publish minutes, Eleanor, or...or do we need to have that in writing? Dilkes: That's a requirement of the state code. Taylor: Okay, thank you. So it wouldn't necessarily have to be in these items. So that's good. I'm good with this. Mims: I (both talking) Oh, go ahead, I'm sorry! Teague: All right, thank you! So I have, um, of course read through this, uh, very carefully. Uh, one of the things that I am .... personally grateful for is the opportunity that we have right now as a city. To look at, uh, Black Lives Matter and systemic racism, um, it ... it's a big deal! It's a big deal! And so I ... I think that's somethin' that, um, .... I .... I'm very happy that we're taking this step because there are some, uh, changes that need to be made, and I think that, uh, steps like this can get us there. Um, this ad hoc committee that we're ... the resolution that's before us, um, you know, I ... I've looked through it, and you know, is it 100% of what it could be, what it should be? I think any of us would probably say no, um, but it is a starting point. It is a great place where, um, I feel comfortable, um, moving forward as, uh, a policy decider, um, and .... it is dis.... it is disheartening that, um, you k now, the comments, um, made by IFR, Raneem, um, sorry to pull your name out, but I know you just made comments, um, that ... you know, that this is somethin' that IFR is considering to do on their own. Um, one of the things that early on in the process I had asked, I ... I first thought that this would be a ... a totally separate, not a part of Council at all, and then I was, um, corrected that this should be under the City umbrella. So with it bein' under the City umbrella, there are some things that I believe, um .... uh, maybe, uh, contradicts or...or goes against what ... some of the things that 1FR specifically asked for, but nevertheless, um, this here that we have before us, I am going to support. There is no, um .... um, I ... I went through it and I asked a lot of questions (laughs) and, urn ... urn, and I got all my answers that I needed. Um, the only thing that I probably would of wanted was the, um, 11 -members versus nine members, but uh, unless there's someone else that really feels strongly about that, um, I'll .... I'll go with the nine members. Um, I .... I think this is a lot of important work to be done. Um, this is ... truth and reconciliation is a, like the ... the work in itself is major, and so how ...to even think that nine people can... complete all the work, um, I think... it's hard to really imagine, but nevertheless, um, I can support the nine. Other than that I really appreciate, um, Councilor Bergus and Weiner for all of your hard work because I know that you spent an enormous amount of time, um, This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 68 and ... um, and it was ... it wasn't easy, um, but I know that it was worth it. And so thanks to both of you for all your hard work, and again thanks to all of the individuals that have been a part of the community that has, um, given... given input to this, and um, and wanted to be a part of this process. So I am going to support this tonight. Mims: I am as well, and again I wanna thank, like everybody else, Janice and Laura for just the incredible amount of work that the two of you have done in drafting this, in taking all of the, uh, suggestions, uh, from the various groups that have been presented to you, and kind of, uh, filtering that down, um, certainly with Eleanor's assistance and input. Um, I think we have a very good document here, and I think, you know, as the Mayor has said this and Jan ... and Laura and you, Janice, I mean this is ... this is a really exciting, um, opportunity for the City to do something like this and really try to, you know, shed an awful lot of light on systemic racism, both the history and what is going on currently, and the changes that we need to try to be a part of, um, to make ... make changes (garbled) some really big systems. I mean when you talk about healthcare and education, as well as policing, etc., um, these are .... these are long, long engrained, uh, systems that ... that need to have a lot of light shed and discussion and try to make changes. So I think we have a really, really good document here. Um, given the lateness of the hour, I'm not going to propose any amendment. I am just going to make one comment and that's about one word (laughs) as I talked to Laura today. I had to go to the dictionary while on my computer and look up fora, um, which is the Latin, plural, for forums, um, it would be my preference that the document (garbled) forums which I think is, um, more people would recognize than fora, but given the lateness of the hour, I'm not going to propose an amendment, but if people are listening and they didn't know what fora was, it's forums. Thank you! Salih: I guess (several talking) Thomas: Um, instead of fora... anyway, uh, you know I'm going to be supporting it as well. I mean this was a .... this is a very unusual effort that was ... we're undertaking here, you know, I have to really reach out and thank, uh, Laura and Janice, as well as all the participants — IFR, Black Voices Project, and others — who have, uh, participated in this process. Um, you know in the end one hopes that the participants as a whole feel that, uh, the resolution, um, they see themselves in that resolution, because if we're going to be because if we're going to be moving this forward successfully, everyone is going to have to have confidence that the, you know, the process is going to work, at least as ... as they see it. Uh, or have at least faith that whatever concerns they have will ... you know, I mean work This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 69 themselves out so to speak during the process. Um, you know, the Greensboro, North Carolina.... that truth and reconciliation process, that ... that commission was an independent organization. So there were different ways this could of gone, urn ... the decision here was to fold it under our commission process, and it seems that what we have is very consistent with that. I think, uh, Janice's comment that, uh, our commissions do have a great deal of independence, and I know as a City Councilor I've tried to respect that independence, and ... and, uh, a great weight on ....on the work of commissions as they've presented to the Council, uh, so I ... I think there will be a sufficient level of independence for this to be successful, and you k now, I'm ... I ... I believe the process will work if we all maintain good faith in moving forward. Salih: Okay, I ... I really would like just to say that, you know, at this point it...it appears to me that, uh, nobody is supporting (mumbled) by the IFR that been proposed, and uh, it seem like even if I start like saying those amendment that I want to add, it's not going to move forward since I'm the only one saying that. That said, I think that we said we are really committed to fight the systemic racism. And, uh, you know .... and Black Life Matter. So, and we are not taking seriously the recommendation and the amendment by black people, and people who fight for social justice and racial... justice in the community where those the people who really carefully put this amendment together and send it to us, and uh, since we going to go by the same thing that the staff propose, and that you know some of Council propose with the staff, it's still .... my voice as a black person is not there. Is not. It's still, and I'm not gonna be a rubber stamp, stamping a decision. That's why people make it for Black Life Matter. No! I'm not supporting this resolution because clearly it does not support the amendment that the people who propose this recommend it, and (garbled) Black Life Matter issue, solved by staff and white people on the committee. No! I'm not supporting this. Weiner: I understand your point, Mazahir. The only thing that I will ... I'll only say a couple things. One of which is .... staff had nothing to do with drafting it. Yes, two white women drafted it, and we took substantial comments from many black people, including IFR, including people from the Black Voices Project, including people from the South District and others. We considered everybody's amendments. We did the best that we could, um, and that's .... and that's what we're presenting. I, um, I hope that ... my goal is that this be a start, not an end, but a start, and that it really then can be filled with life and help everyone move forward. I, um, I'm sorry if it's .... not what you were looking for. Salih: Is not what I'm looking for. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 70 Teague: Any other comments (both talking) Salih: And my voice is not matter (both talking, garbled) Teague: I'm .... I'm gonna choose not to respond, um, because I'm .... I'm quite hurt, uh, by our Mayor Pro Tem comments, um, but I'm gonna choose not to respond. So... Salih: It's up to you! Teague: Yep, but are there any more comments, uh, that Council would like to make before we, urn .... do roll call tonight? Bergus: I do just wanna briefly say, Mayor Pro Tem, your voice does matter, absolutely. We took into account many of IFR's amendments and if you compare the ... the versions that they presented with what's in front of you tonight, you would see that much of their language is verbatim in this document. So I ... I just wanna be clear about that and we are listening. I know that it's not perfect, and I agree with everything that Janice said, that, you kn ow, we are two white women who are in a position to try and build a framework that we are going to turn over to people of color, to ... to run with, and ... and I hear you and I understand what you're saying, and I'm sorry that it's not enough. Salih: I guess that's my decision and I'm not questioning you guys when you make decision about something. Yeah, you know, a lot of decision hurt me and I never comment about it, but that's what I feel, and I have to tell what I feel. If I want to vote no for something I have to say it, and I'm not afraid from anything and I'll be like really, you know, people can hold me accountable of what I say, because I speak ... I speak what in my heart and that what I feel. There is this small section as the Council should make a commitment, that's not been added, and what else. Anyway, that's my comment. It doesn't matter, you know, if it's, you know, it's not line with your comment, but I'm telling you what I feel and I guess I have the right of speech here! Teague: Um, I ... I, in reference to what you just mentioned, um, you said that there was one word or phrase that was left out, as far as commitment. Is that within here that you thought should be added? Salih: Yes, and a lot things should be added, but I said if I start telling you what to amendment, it seem like, uh, Susan, she wanna do one word and she doesn't do it This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 71 because we have to amendment, and if that is not .... there is many thing that is not really interfering with the state code or city code. It should be there, and is not there, and this is really .... you know.... just.... frustrating! Weiner: (mumbled) read the whereas clauses this evening. I'm not sure why that got, uh, derailed. But the ... the next to the last.... whereas clause speaks to the Council's commitment. So I'm .... that's all I have to say. Teague: Well I ... I still believe that this is a great opportunity for our community, for the BIPOC, uh, population. Uh, I am looking forward to the commission bein' developed. Um, the participants who will apply for this and, um, and be a part of something that will be transformative within, um, our city government, and hopefully we'll be able to spread throughout the community. So with that bein' said, unless there's more comments, um, I think we're ready to vote. All right, roll call please! Motion passes 6-1, and .... could I get, um, well, yep! I think we're on #13! This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 72 13. State CDBGCV Funding — Resolution approving an application to the Iowa Economic Development Authority for State CDBGCV funds. Teague: Could I get a motion to approve? Mims: So moved, Mims. Taylor: Second, Taylor. Teague: All right! Hello, Tracy Hightshoe! Oh, are you gonna present (laughs) Do we have staff presentation on this? (feedback) Hightshoe: (garbled) I don't have a big presentation, um, I just have a few comments. So what you have before you is our .... our plan to spend the money that the ... coming through the second act or the second wave of the CARES fund. These funds went directly to the State, the Iowa Economic Development Authority. Um, allocated funds out to us entitlement cities, and we will receive $686,610. We started the public comment on September 101h. Um, we will administer these funds or we'll dedicate these funds as proposed, similar to what we spent our racial allocation for. 60% will go to direct aid for households. It'll be combined with the funds that we provided to CommUnity. Um, 40% will go to another funding round for non -profits for emergent needs as ... as the (mumbled) through this pandemic. For the non -profits, priorities will continue to be for homelessness prevention services, childcare, mental health and (garbled) and ... food assistance. Um, we did include administration or money for administration as we didn't know if we'd have the capacity to administer these funds. If we decide to ... to administer it, um, and we have sufficient capacity, then we won't take advantage of those, but we did write in to the amount to the State that we may, um, use money for City admin. Urn .... so 390,000 would be added for housing assistance, to the 246,000 that's already available to CommUnity, and 296,610'11 be available to public services. After we had that first round, we allocated all that ... we allocated all that money plus we tapped into our uncommitted CDBG funds. So as we are not the actual recipent... the direct recipient, we didn't have to do an annual action plan amendment, as we are receiving money from the State. So all we need is approval by resolution of our application into the Iowa Economic Development Authority. Are there any questions about the ... the funds or the purposes? Teague: I don't hear any! Hightshoe: Sorry, what was that? This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 73 Teague: I don't hear (garbled) Hightshoe: Okay. Oh, just FYI, uh, I mentioned during the work session (both talking) What was that? Teague: (garbled) There's a delay for whatever reason when I speak to you. (laughs) Hightshoe: (laughs) Okay, um, I just mentioned that the CommUnity Crisis Center, they... CommUnity Crisis Center (mumbled) was awarded that 246. We entered the contract on July 14`h. They've spent $20,000, close to $21,000 to date. That money will increase rapidly as more tenants take advantage of it, and they pay (mumbled) up to six consecutive months. As we go you'll see larger and larger draws. So that's... that's all my comments! Teague: Thank you! (laughs) I was waitin' for the delay! (laughs) All right! Um, would anyone, any questions from Council to Tracy? I think she already kinda opened that up, but I wanted to make sure there were no more questions by Council. All right, it ... would anyone from the public like to discuss this topic? If so, please raise your hand, and if you're on the phone, uh, press *9 and I'll call ... call on you. Um, Cady, uh, please join us! Gerlach: Hi, Mayor Teague, it's Cady Gerlach from Shelter House. I'm here tonight to, uh, speak in support of the City's programs that have been established so far, and to maybe amplify what Tracy was saying during the work session about coordinated entry. I really would like to commend the City (garbled) establishing these programs and increasing their, um, consistent and strong usage of the coordinated entry program that we've established. It is an incredible HUD, uh, formulated idea from many years ago and what we're seeing today is that it's really working, and that it's incredibly important, that coordinated entry, not only be the, um. ... kind of source and ability for student, uh, for anyone seeking these services to .... there's no wrong door with coordinated entry, and ... and that's the important part here is that no matter where somebody is seeking the services, they're going to be, uh, receiving the right and prioritized assistance for them, whether it be from the City of Iowa City, State of Iowa, or the federal government, and so, um, I am coordinated entry's biggest fan and I speak their, speak the praises often, but I do have to commend the City for continuing to make coordinated entry the priority in, uh, providing housing assistance throughout the community. Thank you! This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 74 Teague: Thank you! Would anyone else like to address Council? Seein' no one, um, Council discussion? I think it's a great opportunity, so .... yes! All right, hearin' no other comments.... roll call please. Oh, sorry! I think I saw a hand. Mayor Pro Tem? Salih: No. Teague: Oh, sorry about that! All right, roll call please. Motion passes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 75 14. Riverfront Crossings Affordable Housing Requirement — Fee -in -Lieu Update — Resolution establishing the fee an owner may opt to pay in lieu of providing affordable housing in the Riverfront Crossings District and rescinding Resolution No. I8-213. Teague: Um, could I get a motion to approve please? Salih: Move! Thomas: Second, Thomas. Teague: Moved by Salih, and seconded by Thomas, and ... uh, Tracy, welcome again! Hightshoe: Great, um, this ... this is brought to you to (mumbled) brought to you to (mumbled) Riverfront Crossings affordable housing requirement is set in the Riverfront Crossings District. We establish, uh, a fee in lieu of for each project. Developers can either meet the requirement on height or they can pay a fee in lieu. So back in 2016, we worked with the National Development Council to come up with a methodology to calculate this fee. It's based on what a market -rate... complex or property in the Riverfront Crossings District would ... would generate in revenue as a ... and then compare that to one that has the affordable housing requirement, and then that difference in price is the fee in lieu per unit. So in 2018 it was (mumbled) evaluated using the same methodology and the fee was set at $94,652 per unit. The fee for the next two years is proposed to be 112,853. It was quite a .... quite a difference. The fee raised it quite a bit. That was due to the increase of rents in the Riverfront Crossings. Um, not just there but the Pentacrest mile, based on the, um, Koch Appraisals survey. When you consider the difference between that, how much those rents raise, as opposed to our home fair market rent, which didn't raise as much, the gap became quite a bit larger. So we compared units at ... a property at four units, I think 76 units .... sorry, 96 units, 176, and we took the lowest, um .... uh, fee in lieu, or the lowest differential, and that was the 112,853. We do work with Koch Appraisal, um, to help us get the vacancy rate for the area, the capitalization rate, um, and expense ratios, and then we plug in the updated fair market rent and other information in order to update the .... the amount each year. So if you approve, then we would set that amount so each development that proceeds from this point on would choose either to do on site or pay that fee in lieu. Do you have any questions? This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 76 Teague: No questions! Thank you, Tracy. All right, would anyone (feedback) Yes, would anyone from the public like to address this topic? If so, please raise your hand and I'm gonna call on Nicholas. Welcome! Theisen: Hello, uh, thank you, Mayor, once again. Uh, I just wanted to give a little historical background that I think people need to bear in mind. That way back in 2016 when the sort of question of whether or not to include a fee in lieu or simply to have the, um, the percentage requirement for affordable units within Riverfront Crossing developments came up. Sorry, I realize that's a monster sentence. There was actually some contention as to whether or not to have a fee in lieu at all, and one of the primary objections was that there was going to come a point when developers just wouldn't even bother trying to create the units. They would just pay the fee in lieu instead, because they recognized... they can crunch numbers as well as anyone. They know the rents given sort of historical projections will increase enough that it's simply more profitable for them to pay the fee in lieu up front, than it is for them to actually build the units. The problem from an affordable housing standpoint is you actually need the units. You need the units to exist and given the preciousness of land within city limits, every single time you build a development that doesn't actually contain any affordable... quote, unquote affordable housing units, you actually reduce the possi ... potentiality of creating those in the future, and that's the fundamental issue here. I mean ... I mean if I had my druthers, then the fee in lieu should actually be punitive. It shouldn't just be, you know, a simple market rate calculation. Because at the end of the day, what you actually want are the units to exist. If you keep deferring over and over and over and over again, then you just get to a point where the City is absorbing money for a bunch of projects, and then not actually getting the housing that it needs. So, that's all I wanted to note. You guys can do with that what you will. Thank you! Teague: Thank you, Nicholas. Anyone else like to address Council? Seein' no one, Council discussion? Taylor: Nicholas, this is Pauline. You'll probably be quite surprised to ... to hear that I totally agree with you. I've never been in favor of the fee in lieu, because as you'd said and as I'd said all along, what we really do need are the units, and if we just keep giving them this little carrot ... oh, just pay us this amount of money and you don't need to include the units, we'll never get those units! Uh, that's... an example is in Riverfront Crossings, you know, uh, it has to be built in Riverfront Crossings, and we're going to run out of room before too long and we won't have the units, so ... urn ... I will, uh, I will probably vote for this because This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 77 that's a pretty significant amount, a nice increase in the fee in lieu, but I'm just generally not in favor of the fee in lieu. I'd rather see the units be built, because we desperately need the affordable housing units. Mims: I think the restriction to ... to the Riverfront Crossings is important, as Pauline mentioned, and certainly we used some of that money, I would assume, on the Del Ray project. Um, and that's one of the potential positives of a fee in lieu of is ... under the code for down there, for the developers, if they do the fee in lieu of, I believe they have a 10 -year affordability, um, time frame. Whereas if the City takes the money from the fee in lieu of, we can use that for example like with the Del Ray project, which is owned by the Housing Trust Fund, which their whole goal is housing affordability and so those units will probably be affordable, either in perpetuity or if they were to ever sell it they would probably take that money and put it back into affordable units somewhere else. So I understand the potential conflict, but if we ... um, can find the locations and can use that money, particularly with a non-profit like the Housing Fellowship, and they can get LIHTC grants, like they did for Del Ray, we actually have the potential opportunity to leverage that fee in lieu of money to get more units and to get them with a longer affordability. So it's a little bit more complicated, but yes, I'm also glad to see these numbers go up. So I will be supporting this. Teague: All right, hearing no more comments, roll call please. Motion passes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 78 15. Council Appointments —Applicants MUST reside in Iowa City and be 18 years of age unless specific qualifications are stated 15.a. Climate Action Commission — One vacancy to fill an unexpired term plus a three-year term. Upon appointment — December 31, 2023 (Katie Sarsfield resigned) Teague: All right! Mims: I thought Benjamin Grimm was, uh, a good applicant. I think having someone from the School District would be really positive, cause obviously they ..their facilities are so wide spread and large across the community that they have a big impact, um, on our, uh.... greenhouse gases, etc. So ... um, that was my first choice. Weiner: I thought we had a wealth of really well qualified app... applicants. I mean I ... I wish we had this kind of depth and ... and breadth of experience for every time we ... we have a vacancy, but I think it also shows the commitment of people to climate action. Taylor: Like Janice, I thought it...it was really good to see the number of applicants, uh, with such varied experiences too, that ... that would all bode I think really well on this commission. So it...it made it difficult for me though to ... to make a final decision for this appointment, cause I think each one of the applicants had some positive, uh... uh, traits that ... that would, uh, fit really well in that, and, um, Susan; I liked your comment about Benjamin Grimm, uh, because he does have a lot of experience and says that he has actually attended the meetings as a representative for the School District, and I think that he could probably continue to do that, uh, but... and than we could, uh, appoint someone else, uh, from this list to be the actual commission member. But it's difficult to pick which one! (laughs) Teague: Uh huh. Since we didn't have a, um, gender requirement, um, I mean I can support Benjamin. Um, I would agree that there were, um, I don't know, but surprisingly a good group of people that .... could really benefit this commission. Thomas: Well I'll put in the name of, I mean it really was a ... sort of a you can't lose with this list of applicants, but um. .... I was intrigued with, you know, Blake Rupe. I'm not sure if I'm pronouncing your last name correctly, but uh, the potential opportunities for kind of a .... a .... interrelationship with the University with the City of Iowa City, uh, intrigued me, in terms of perhaps being able to catalyze This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 79 action with that, um ... relationship between, you know, that she would bring to the commission. Mims: You know, John, that was my first thought too, but we actually have a dedicated U of I rep on there. Thomas: Uh huh. Mims: So that was kind of why I was looking at, you know, also getting somebody from the School District too. Thomas: Okay. Taylor: Um, yeah, Susan, I agree with that too. Um, because we also do have, I think Becky Segland's her name is ... is, uh, an actual sustainability coordinator person, which is what Blake ... Blake would be, she'd be excellent, but we do have, uh, those folks, uh, there ... there is the University... actual University of Iowa rep and another sustainability coordinator person. Teague: All right (both talking) Thomas: ...support Benjamin. You know I ... again, I don't think there's a wrong answer here really. (laughs) Teague: So I'm ... I'm kind of, um, hearin' at least four people now? Saying they support Benjamin? Any ...any other, uh, possibilities people wamra throw out there? Taylor: Well I just wanted to comment, coming from the healthcare professional standpoint, uh, Eric Kusiak, uh, although he ... he's a former Human Rights Commission member and uh, he's a ... he's a nurse and has the healthcare perspective, and also, uh, Lucy Wibbemneyer, uh, was a physician I worked with at the Hospital and I think she's... would be very dedicated to this, and I think either one of them would provide a nice, uh... uh, healthcare perspective, uh, the effects of climate, uh... uh, change on person's health. I think that would be good, but uh, I would be okay with Benjamin... since he does seem to have a ... a big interest in...in the commission. Teague: All right! Um, anyone else? So sound like Benjamin Grimm is gonna be, um, we'll have a motion to appoint Benjamin Grimm. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 80 Mims: So moved, Mims. Thomas: Second, Thomas. Teague: Seconded by Thomas. And then roll call please. Motion passes 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 81 18. Community Comment (IF NECESSARY) (ITEMS NOT ON THE AGENDA) Teague: So this is, uh, UISG. There's Ryan. Welcome! Longenecker: Good evening, Council. Just a couple of things tonight. Um, first I just wanted to give you an update on self-reported case numbers at the University. Currently from August 18th to, um, now we are at, um, 1,804 self-reported cases. Um, there were 72 new cases between the, uh, September 11th and September 141h, um, which I will note is a considerable decrease in cases compared to previous weeks, um, but it's still kind of a, um, significant amount of numbers. Um, and for employees, there were four new cases over the weekend and 27 (mumbled) There are two students in quarantine in the residence halls, meaning that they've been exposed, um, to COVID-19 and there are 30 students in the residence halls who are in self -isolation, meaning they've tested positive. Um ... so that's the current COVID update, um, for numbers. Um, another update COVID-wise is that the University did decide to cancel spring break and extend winter break by a week, um, so that now there won't be (garbled) between, um, or during the ... the spring semester, um, and we are still planning to go online after Thanksgiving break. Um, for the rest of the fall semester. Um ... in more happier news, um, the University Lecture Committee announced, um, their line-up for the fall, um, this semester, and I'm actually personally very excited for it. Um, just wanted to note a couple of them. Um, Uiowa's own Nikole Hannah -Jones, um, who is a reporter for the New York Times magazine and author of the, uh, very famous 1619 Project. Um, she will be speaking, um, and that's Tuesday, September 22nd, at 7:00 P.M. and you can find the livestream on the University website, um, others include Laverne Cox, uh, Ezra Kline, and Dr. Patrice Harris. Um, so all very, very interesting speakers and I personally am a big fan of the work that the Lecture Committee does, um, so I invite everyone to, um, look out for those and to, uh, tune in. Um, that's all for me tonight. Thank you, Council! Teague: Thank you, Ryan. This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. 19. City Council Information and Updates Teague: Um, and I think we've just been kind of jumping in there. Mims: I'll just jump in, um, as part of the committee for the new access center (garbled) Center, we had the opportunity to tour the facility this week. Um, this place is going to be amazing! Um, I mean it's still studs and everything on the inside so it's all open, but I mean you can see where all the rooms are, um, there's ... you can see how it's all divided up, how the floor space is going to be used, um, it is so much larger than I really had expected and envisioned. Um, we are going to be able to provide, I think, just incredible care there for a number of people. Um, so it's just really exciting. They're still hoping to, um, be able to start getting in, I think now they're looking at mid-December, um, to kind of start getting in and doing training, um, with an actual open date sometime in January. So, uh, the outside, if you drive by, looks more and more complete. Um, not .... don't have all the siding on, but looks pretty complete, but the inside still has a lot of work to go in the next three months, but it's ... it's going to be beautiful and just an incredible asset to this community for people in need. Thomas: I wanted to, uh, congratulate Terry Donahue, uh, Mayor of North Liberty. Uh, he has been nominated to the Hall of Fame in the Iowa League of Cities. It's quite a .... quite an honor, and uh, I happened to be looking up some of the information, you know, supporting that and my goodness. (laugh) You know, Terry is a life- time of, uh, public service, so it's.... congratulations to Terry, um, it's always a pleasure working with Terry. Weiner: So Friday, um, this Friday, September 18', is National Black Voter Day, and there is an event at the ... at the Dream Center from 5:00 to 8:00. There'll be food, information, and speakers, and the event, um, which I believe Supervisor Porter helped put together is to increase voter awareness and knowledge in the black community by sharing the facts on how, when, and why it is important to vote. Masks required! Taylor: And it's going to be to encourage those folks to register to vote that haven't, uh (both talking) Weiner: Register to vote and help fill out, uh, absentee ballot requests, among (both talking) Taylor: ...great event! This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 83 Bergus: We talked about it at the work session, but tomorrow is the first of our series of City Council listening posts, where we are sharing and collecting information that will help us fulfill our commitment to restructure our Police Department. So tomorrow evening at 5:30 P.M. at Mercer Park, also masks and social distancing required, but Mayor Pro Tem, Councilor Weiner, and myself will be there, as well as representatives from, uh, CommUnity Crisis Center and, um, Prelude Behavioral Health Services. Um, and I think maybe some other organizations that I'm currently forgetting, as well, but um, and we'll have City staff on hand and I think a couple officers available, um, who work in terms of, uh, with those crisis agencies, um, to answer questions and... and hear input from the public as well. So really hope people come out to that, 5:30 P.M. tomorrow at Mercer Park. The first in a series, so look for information on the City website or in the email newsletter that I'm sure everyone subscribes to. Thanks! Teague: All right, um.... This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020. Page 84 20. Report on Items from City Staff b. Assistant City Manager Monroe: I will just add that we are continuing to encourage people to complete the Census, um, various articles in the news have continued to go out about a concern over under -counting the population. Um, it does impact our community. It has a long- standing impact on our community. Uh, so anyone who has not completed the Census yet is encouraged to do so. Self -respond. There's no guarantee that a Census worker will make it to your home before they end the count for this year. So, um, there's a .... I know you can call the Census phone number. Uh, we have information on our City website about that, or you can visit, uh, my202OCensus.gov and complete that. It takes about 10 minutes. Thanks! Teague: Thank you! This represents only a reasonably accurate transcription of the Iowa City City Council regular formal meeting of September 15, 2020.