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HomeMy WebLinkAbout2008-09-23 Transcription#2 Page 1 ITEM 2. PROCLAMATION. a) Mental Illness Awareness Week: October 5, 2008 Bailey: (reads proclamation) Karr: Here to accept the proclamation is Peggy Loveless, the Vice President of Johnson County National Allegiance on Mental Illness. (applause) Loveless: Thank you, Mayor Bailey, and City Council Members. Um, this request to observe Mental Illness Awareness Week was submitted by NAMI, um, because there are so many people affected by mental illness, not just people in NAMI, but all of us. Uh, we need a special week targeting awareness, mental illness awareness, because of the unwarranted stigma that surrounds mental illness, a biological illness like any other, because education about mental illness is practically non-existent, because many still think that even though sicknesses of the heart, liver, kidneys are not a person's fault, a brain illness is the fault of the person with that illness. And, because 5 to 7% of adults and 5 to 9% of children suffer with a severe mental illness. Given the 2006 census estimates for Iowa City, and using the lower estimate of 5%, that means 3,133 people in Iowa City would be projected, estimated, to have mental illness, a severe mental illness. Severe mental illnesses are treatable disorders of the brain. Left untreated, however, they are among the most disabling and destructive illnesses known to humankind. Please let NAMI know if you need help. And, I have also brought some posters for the mental illness events of Mental Illness Awareness Week that...we're partnering with the Veterans, by the way. Bailey: Thank you, Peggy. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of September 23, 2008. #3 ITEM 3. SPECIAL PRESENTATION. Page 2 Bailey: The next item on our agenda is a very special presentation. Dawn Harper made her Olympic debut for the United States this summer in Beijing, where she competed in the 100-meter hurdles. She finished in a personal best of 12.54 seconds, and secured another gold medal for the United States. Miss Harper, from East St. Louis, Illinois, visited City High on Monday morning, where she met with students as part of Homecoming Week festivities. Her visit included stops Monday at Lucas Elementary, where her brother, Brighton, is afirst-grader, and Weber Elementary today. Miss Harper will be part of the City High Homecoming Parade Wednesday at 6:00 P.M., beginning at Mercer Aquatic Center, moving up First Avenue, and ending at Bates Field at City High. We are absolutely thrilled and honored to present Dawn Harper tonight with a key to the City and acknowledge her accomplishments at this time. Dawn, would you please come forward. (applause) Harper: Thank you. Bailey: You might want to use the...uh, microphone, so people can hear you. Harper: I would just like to say thank you so much to the City of Iowa City with presenting me with the key to the City, and I would love to say thank you to all the people in Iowa that watched and experienced that moment with me and supported me, and cheered forme, and thank you for coming up to me and letting me know that you watched, because that means a lot to me, so hopefully I give you a lot more shows, you know, that you enjoy on the track (laughter) um, and a lot more, um, just PR's of my own to share with you all, so thank you. Bailey: Thank you so much. (several responding) (applause) Wilburn: I just wanted to say thank you for, uh, coming to Iowa City and spending time here this week. I know the folks over at City High really appreciate it, and uh, you're probably already discovering that, uh, this, you know, you put the time and the effort and energy, I mean, you know, we have no idea of knowing what you poured your heart into doing, but uh, you're probably already becoming aware of all the lives that you are touching, and especially a lot of the young women, so we really appreciate your time here. Harper: Thank you. Bailey: Any other comments? O'Donnell: I watched every bit of it, and you are fantastic! This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of September 23, 2008. #3 Harper: O'Donnell Thank you! Page 3 And Connie's been bragging here, she thinks she can take you in a 100. (laughter) Champion: Well, it's a pleasure to have you here. It's...it's...you're the fourth gold medallist I've met, and I just think it's incredible, the discipline that goes along with it, and thank you so much for representing our country so well. Bailey: Thank you so much for being here. We are truly honored to have you here tonight. Harper: Thank you, everyone! Bailey: (several talking) Enjoy your visit in Iowa City. Thanks. She's the first gold medallist I've met, so...(several talking)..this was a real thrill! Hayek: My second! Bailey: Okay. (laughter) This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of September 23, 2008. #4 Page 4 ITEM 4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. O'Donnell: Move adoption. Wright: Second. Bailey: Moved by O'Donnell, seconded by Wright. Um, just I want to draw attention to a couple of items on this Consent Calendar. We are setting a public hearing for the Sheraton, uh, easement that will be coming up, and then there's a flood item here, with the Jumpstart Iowa Programs for flood relief funding that is also included in our Consent Calendar. Any further discussion? Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of September 23, 2008. #5 Page 5 ITEM 5. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM] Bailey: This is the time for those who are interested in speaking to the Council on items that do not appear on tonight's agenda to address the Council. If you wish to address the Council, please approach the podium, state your name for the record, and limit your comments to five minutes or less. Cohen: I'm Leah Cohen, owner of Bo-James in Iowa City, and I'm here just to address the alcohol issue just a little bit further. I know it's on, I guess the next Council work session. It was incorrectly in the paper. Um, next Council work session, so I wanted to just talk to you a little bit about, um, kind of what's come before you right now, and the one thing I really want to point out with Council is, I do not believe this is a 21-issue. I believe that the people in this community voted last year. I think it was clearly said what they wanted or didn't want, and I don't want anyone to think that in any way this is a 21-issue. I believe it is an excessive drinking issue, and it has to do with what I think is irresponsible specials, those sorts of things going on downtown. Four or five years ago when we set up the Alcohol Board, which was all volunteer that we did that, the Alcohol Board was very successful, and it's important that everyone knows how successful that was. Where we came into the problems this year in particular is after a period of time we really did not have authority. So, we would present, for instance, to the Police Department problems that we felt had to be taken care of, or where we felt that we needed extra policing, and continually we were never listened to, and it became very frustrating and we knew at this point that after four or five years., we had done what we could do. So, I think that it's essential that the, um, the Council knows and understands what's going on with this now. I did set forth for you tonight kind of a list of what I thought were very easy ordinance changes to help take care of problems now, and then I feel it's very important right now that the City looks at a commission or board of some sort that will overlook this alcohol industry in our town. We all know it's a big industry. It needs oversight. It needs continual and consistent oversight. We have done many things to try and do that. The Council three or four years ago gave the Fire Department a capacity person to work on capacities. My guess through that time is maybe they have checked the bars five times maybe? Um, once this year, which was I think right before the first football weekend or students came back. So we have a capacity person that's not being utilized what it really needs to do. We also have a Fire Department that I don't think is utilized in the way it needs to be utilized. We no longer are having compliance checks going on or sting operations as we can call them. We have no undercover anything going on. They maybe lack of funds - I don't know what that is, but when you don't have all those things in place, and you don't have anyone to make sure that these rules and regulations are being followed through, then it's This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of September 23, 2008. #5 Page 6 senseless to have all this. So I really look to Council now, and I think our townspeople in voting as they did are looking to Council to do what they can so that we consistently have things in order here, instead of having to come forward every year or every two years with problems. So what I am suggesting is that the commission be set up, and that with this commission there will be certain rules and regulations, and if you want to do business in Iowa City, this is what you need to do. You know, it's a ...to me it's a privilege to have a liquor license in this town, and I think the large majority of the bar/restaurant owners downtown operate very well. So if we have a few problems, what we need to do is start focusing on those, instead of blaming everyone else or giving our community a bad name because of the problems that we may have with the few. So I guess that's what I'm here today to ask you to look at my suggestions. I've worked with this a long time, and this is what I really feel needs to be done right now, and again, I reiterate, it is not anything to do with the 21-issue. Everybody's getting all in an uproar again -the students and community and, we went through that last year. I don't think we need to go through that again, but I think that the Board was successful. I think it shows that we can have success with that. We just have to have something that has the City behind it, so that if they talk to Police or Fire or whoever on certain things that they will listen, and go forward with it. So, I thank you. Bailey: Thank you, Leah. Correia: Can I just comment that we're scheduled to talk about... Bailey: As Leah indicated, yes, we are scheduled to talk about... Correia: On October 20th, not the next work session. Bailey: Okay, thank you for that clarification. Cohen: When is it? Correia: October 20th Cohen: Will be the work session on it, yeah. Correia: (mumbled) October 20th. Karr: Motion to accept correspondence. Hayek: So moved. Wilburn: Second. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of September 23, 2008. #5 Page 7 Bailey: Moved by Hayek, seconded by Wilburn. All those in favor say aye. Okay, motion carries. Others wishing to address the Council on items that do not appear on tonight's agenda? Gravitt: I don't see smoking on the agenda, and I want to address how it was carried out, last, uh, the last Council meeting. Bailey: Please state your name for the record. Gravitt: Oh, my name is Mary Gravitt. Bailey: Thank you. Gravitt: And this smoking regulations. I can see limiting smoking to all those other things you had on the, that was published in the paper, except restaurants and bars. Because that...people go there for a certain reason, and I feel this law that was passed in the State Senate or whatever you call it, that it is unconstitutional. No bar and no restaurant owners have tested the law. Soto pile onto that law seems to be a little bit premature, okay? You're not allowed to smoke in the restaurants, you're not allowed to smoke in the bars, you're not allowed to smoke in the Ped Mall. So what if your bar is in the Ped Mall? So does that mean you go out to Washington or you go out to Clinton? So, what if those businesses don't like it? It's not fair to push people off the edge of the earth for a legal drug, because our government was in collusion with these tobacco companies. They were...because they have known since 1922, 29 rather, that nicotine is addictive, and then now all of a sudden they want to do something, but the other thing, you know, you don't want smoking around children. I don't smoke. I don't appreciate anyone smoking around me, but there has to be allowances and since you don't know if the law is constitutional or not, it doesn't seem that you should pile on there, to have someone smoking in their car on the parking ramp. Somehow this, what about the freedom of assembly? You with like-minded people in these bars and in these restaurants, and people go there because they want to be with like-minded people. So, it's not, the law is not fair. I don't know, the ordinance or whatever you call it, is not fair. Bailey: Thank you, Mary. Others wishing to comment on items that are not on tonight's agenda? All right. Moving to Item 6.a. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of September 23, 2008. #6 Page 8 ITEM 6. PLANNING AND ZONING MATTERS. c) CONSIDER AN ORDINANCE AMENDING THE CONDITIONAL ZONING AGREEMENT TO MODIFY THE CONCEPT SITE PLAN FOR APPROXIMATELY 25.16 -ACRES OF PROPERTY IN THE COMMUNITY COMMERCIAL (CC-2) ZONE FOR WESTPORT PLAZA INCLUDING WAL-MART AT 855, 911 & 1001 HIGHWAY 1 WEST. (REZ08- 00006) (PASS AND ADOPT) O'Donnell: Move adoption. Bailey: Moved by O'Donnell. Champion: Second. Bailey: Seconded by Champion. Um, discussion, and let's start with ex-parte, disclosure of ex-parte communications regarding this item. Hayek: None until about 20 minutes before the Council meeting when I ran into Brandon Ross and had a conversation with him in the checkout line. Bailey: And the nature of the conversation? Hayek: Uh, why he was right and those who voted yes on this were wrong. Bailey: Okay. Other.. . Hayek: Nothing new that we haven't heard before. Bailey: Okay, thank you. Other ex-parte, um, communication disclosures? Champion: (mumbled) discuss it with them. Karr: You might as well disclose, in the case of being complete. Champion: (mumbled) Wright: I didn't even think about that. I had two TV interviews. Champion: Well, I had two also! (laughter) But, um, probably... Wright: KGAN...(both talking)... Champion: KCRG and um, the Iowa, Daily Iowan TV. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of September 23, 2008. #6 Page 9 Bailey: Okay, and thank you for reminding me. I also had, uh, TV interview with KCRG and restated my position on this item, um, that was the nature of the interview. Wright: I restated my position, as well, for (mumbled). Bailey: Okay, any other? All right. Further discussion, and even though the public hearing is closed, in Iowa City we always allow opportunity for public comment during our discussion. So, if there is public discussion, please limit your comments to five minutes or less. Taylor: I'm Wally Taylor. I'm the attorney for Iowa City Stop Wal-Mart, and you've heard me before. I'll try not to repeat anything I've said before. Um, as I thought back over this whole process, uh, through the Planning and Zoning meetings, and the prior two Council meetings concerning this, it struck me that what you folks are facing is first of all, a Planning Department that's telling you everything's okay, but it's a Planning Department that I have seen, uh, throughout this process and it's like the planning departments I've seen throughout the State of Iowa, they see their job as a...service organization for developers and corporations, not protecting the public. They see themselves as...doing whatever it takes to give the developers whatever they want. In this case, I...they were faced with a contract that clearly would have precluded what was going on here in allowing Wal-Mart to build a much larger store and a big parking lot, tear down the other two buildings that are on the site. But, Planning Department was satisfied with...with, talking about the color of the bricks and how many trees are going to be in the parking lot, but here you folks are with a Planning Department telling you everything's okay, we've looked at it, um, it gives you the impression that you almost have to vote for this amendment to this zoning agreement. Then the City Attorney tells you that, well, Wal-Mart is not in violation of the agreement. I respectfully disagree with that and I think others would, as well, but you're there facing this and saying, well, the City Attorney says they're not in violation; it almost indicates to you that you have to approve this request. But, really, you folks are the one who make the decision. The Planning Department, City Attorney work for you. You are the bosses. You are the ones who make the decision. You're the ones who are elected by the public. You're the ones who are there to do what's best for the City of Iowa City, and for the public, and the citizens who you represent. So I'd ask you to rethink your decision. Rethink what's happened here and why we're at this stage, and that you don't have to follow what the Planning Department, City Attorney's office tells you. It's your decision to make. You are the ones who are elected. So I'd ask you to rethink your position and not pass on this final reading. Thank you. Bailey: Other discussion? This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of September 23, 2008. #6 Page 10 Braun: Mayor, I'm Nancy Braun from Minnesota. I'm the head plaintiff for the lawsuit, uh, against Braun versus Wal-Mart. Uh, I worked for Wal-Mart for a little over...almost three years, and I worked with limitations to using the restroom when they told me I could do that. Also, I worked off the clock many times, doing things for them, and also not getting paid for compensation for working off the clock. The conditions for working for them was, uh, unbelievable, and most the jobs I've had I've never had conditions like these. Uh, the lawsuit's been going for seven years. We finally just come down to the last conclusion that we won. It's going to take, I don't know how long yet, it could go into, uh, into appeals yet. It could take another three years, but the conditions for working for Wal- Mart, uh, it's pretty much each individuals, uh, what happens to them. A lot of people are afraid to say if anything has happened to them, because they're afraid of losing their jobs. iJh, I've had, like I said, I've had a lot of issues with working for them, and I know people who have. There's still a lot of issues going on with the stores, yet, um, but like I said, people are afraid to come forward with this. I'm representing 56,000 employees through, uh, for the State of Minnesota for the Wal-Mart lawsuit. Thank you. Bailey: Thank you. Five minutes, Gary. Sanders: Five minutes, five minutes! Thank you. My name's Gary Sanders. Uh, first of all I want to thank Nancy Braun for coming down here. This is a very courageous woman, um, as she identified herself to me, she said, `I'm just a simple Minnesota farm girl who got tired of being pushed around.' She isn't any professional agitator or even amateur agitator like me, uh, and it's just amazing to me. I've been sitting here for the weeks, listening to what you folks had to say, and what really bothered me is as many times as I said class-action suits and tens of thousands of workers being, you know, hammered every single day and taken advantage of, I had a feeling that there was no way to personalize this. You know, obviously, maybe the conditions here in Iowa City are okay, you know, fine. Again, the contract is between the City of Iowa City and the Wal-Mart Corporation. She represents 56,000 people. I only wish, you know, we could have brought in 5,600 or 56 to something to give you an idea of the scope of how awful this corporation is. And, if you...if you look at the material I gave you, the history of the lawsuits, uh, it is by far and away the worst corporation for violating worker's rights, and I know that you don't think any of that is germane. Okay? That this is a simple zoning issue. I disagree. I think anything in zoning has to be for the betterment of the community, or it's a violation. Wal-Mart is not for the betterment of the community. It is a detriment to the community, per se, a detriment to the community. It doesn't matter if millions of people shop there every day, if they treat their workers okay in Iowa City, the corporation, which This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of September 23, 2008. #6 Page 11 you are signing on with, is a detriment to the community. I thank Mr. Wright for understanding this. I only wish that the four political liberals up there who voted for this could have thought this through a little more. Again, I know you don't think it's germane. I think it's germane. Lot's of other people think it's germane. I'm very sorry that this is turning out the way it is. Thank you. Linder: My name is Marc Linder. Two weeks ago, Ms. Bailey, you delivered a stern admonition to the anti-Wal-Martians, to the effect that Wal-Mart was the price that the City had to pay for the presence of the Emma Goldman Clinic. You told us about progressive values, about how applying laws fairly regardless of who the applicant was, was one of the highest values that you had. You told us that when you worked at the Clinic, at the Goldman Clinic, you heard the same arguments against the Emma Goldman Clinic that you're hearing against Wal-Mart about how this entity is morally offensive, abhorrent, etc. You told us that we would be appalled if a differently composed City Council made a decision based on the Emma Goldman Clinic's work as to the, similar to the decision that some people want you to make with regard to Wal-Mart, and that we should be appalled, uh, to ask you to make a decision based on the applicant. It's a very stern speech. Unfortunately, it's a complete red herring. This is not about viewpoint discrimination. That's not what it's about, and Mr. Hayek, that goes for you too. You brought up Coors being connected with extreme right-wing groups. It's not about viewpoint. It's about actions. It's about unlawfulness. Wal-Mart is free to festoon its stores with banners saying, `Down with the Fair Labor Standards Act, Down with the National Labor Relations Act.' For all I care they could say, `Repeal the 13th Amendment and bring back slavery.' That's fine, that's their First Amendment right. That's not what this is about. This is about what Ms. Braun told you about. These are about illegalities. Right? I suppose you understand that abortions are legal and they're constitutionally protected. Not paying people the minimum wage and screwing them out of their overtime is neither legal nor protected by the Constitution. That's not what this is about! This is about illegalities. It's not about their viewpoints! Now, the City Council is free to treat different actors differently. If you want to compare one entity that doesn't obey the law, with another entity that does obey the law, why should you be forced to treat them the same way and with the same outcome? I don't know. Mr. Hayek, you said that you are going to vote for this resolution, for this ordinance, for this zoning matter, because the appropriate form, those are your words, the appropriate form for grievances against corporations was the court system. I don't know whether you'll be embarrassed by this, but let me point out, five years ago, after the Supreme Court of Iowa decided that the Ames, uh, ordinance on smoking was preempted by the, uh, State law, the Des Moines Register published an editorial in which it said, yeah, this was terrible, the City should have more home rule, blah, blah, blah, This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of September 23, 2008. #6 Page 12 but they shouldn't enact ordinances like this. No, what should happen is the hapless workers who work in these bars and restaurants who are, um, exposed to smoke, they should just be exposed, let them get lung cancer and emphysema and whatever else, and then they can file Worker Comp claims and Torte suits. No! You eliminate the problem by eliminating the source. You eliminate the smoking, and in this case, you eliminate the source of these violations of law, so people don't have to go to court. Now, since you're going to vote for this, Mr. Hayek, I'd like to hear from you now a pledge that if any Wal-Martians come forward after this goes into effect and this store is built, and they come forward with complaints about violations of their labor rights, are you going to represent all of them, free of charge? Let's hear it! Are you? Hayek: Ms. Mayor, I'd ask you to impose a little order here. Linder: Now, all of this is irrelevant, because this is all window dressing. All these fancy speeches, this has nothing to do with why you're voting for these, for this ordinance, for this resolution. All this has to do is with ringing cash registers. You don't care...I don't think you have any particular love for Wal-Mart. It doesn't matter to you. All you want is ringing cash registers and you don't care what they're ringing up. This is why you and your worthy predecessors on the City Council have presided over the saloon-ificaton of downtown. 1975 there were nine liquor licenses. Now there are more than SO liquor licenses in a college town that prides itself on its literary ambitions. Bailey: Mr. Linder, your time is up. Linder: ...two book stores, 50 plus...(both talking)...50 plus liquor licenses, because all you care about is ringing cash registers. Bailey: Thank you. Other comments, and please limit your comments to five minutes or less. I think I was very specific with that directive. Linder: Where's the clock? Gravitt: Well, I'll... Bailey: On the wall. Gravitt: Um, excuse me, I'll try to keep it down to five minutes. The arguments that I've heard against Wal-Mart are 18 years too late. And, Wal-Mart is here. Wal-Mart's going to be built. So let's just settle it there. If you look at what's been happening to this country and this week, we are almost, or we maybe in the Great Depression. So, and...as for the Coors Company, the Coors Company is a different argument, but the Coors This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of September 23, 2008. #6 Page 13 Company had enough money to help drive us into this financial situation that we're into now, with its right-wing politics, but that's another story. But, Wal-Mart is part of the community, as long as they obey the law, and as the lady said who is suing Wal-Mart, she won her case. Wal-Mart, like any American corporation, amulti-national, whatever it is, has to be dealt with in the court. If you go back to the history of the United States, if we go back to the...the Rockefellers and the Carnegies and so forth, they were dealt with in the court. They became good actors. This is just how America goes, and this is just how we are. So, as for Mr. Wright and last week you said there was a party at the Picador, and to bring a can of food, I hope you realize that those people who live in Ecumenical Towers don't sleep on the weekend because of the Picador. So you can mean to do something good, and it'll turn out bad. They are afraid to complain. As for liquor licenses in Iowa City, I've seen stores go out of business in the Ped Mall. The main customers are the students -that's what they want! What can you do about it? So, I'm for Wal-Mart because I'm for Iowa City. That's all. Sanders: One sentence: the courts, again, Mary brought it up. It's been heard before. It's taken Nancy seven years to get to the lowest level. It's going to be more years. The court system is not capable of dealing with this in a timely manner. It is up to the people in the front lines, city councils all over. Seven years, ten years, justice delayed is justice denied. The courts are not the place. Bailey: Other comments from people we haven't heard from? Wiegand: Um, hello, my name's Michelle Wiegand. I was born and raised in Iowa City. I love it here and I care very much about our future. Um, I'm here tonight to address what others have addressed already. Um, a number of people have already come before the Council and I believe most of us are aware of the various arguments against Wal-Mart. Um, Wal-Mart does not pay their workers a living wage, nor provide them with healthcare benefits. Wal-Mart is a disaster to the environment at every stage of its existence, from production, shipping, to wasteful packaging and energy use. Wal-Mart puts unwarranted strain on local businesses and can often run these businesses into bankruptcy and closure. This list really does go on and on. I would like to quickly point out that I am aware of Wal- Mart's claim that this will be a green store, but as we know, you can put lipstick on a pig, but it's still a pig. However, my major concern this evening is the acknowledgement of these issues by Council Members, which is teamed with the disregard for the effects they may have on our community. To claim this decision is to be one purely of land use concerns and thus one of moral, not one of moral decision, is an insult to workers across America, um, to perspective workers in our community, and to concerned citizens who have came...come before you. Why should This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of September 23, 2008. #6 Page 14 we cower in the face of this unfortunate business giant and condemn working citizens to selling their souls to the company store. Wal-Mart makes its livelihood off the lives of its employees, for one, who can barely shop anywhere else. To claim any decision can be made without considering the moral, social, as well as economic implications by this committee is misguided. You're elected officials who must take into count the very serious consequences of something that may initially seem to be a simple zoning and land issue. You're elected to consider the best interest of our people, first and foremost. And you must consider the implications this proposal would have on individuals, as well the community as a whole. Iowa City is a unique and wonderful community. We have a fine arts community, an excellent university with many talented educators, and students. We have an increasingly diverse community, and hopefully with the, uh, the hiring of our former Mayor and Council Member as City High's new Diversity Director, as well as the efforts of all the community members, we can move forward to become a model community to, uh, to everyone in this country, of understanding, appreciation, respect, and tolerance. Furthermore, we have an eclectic assortment of local shops and restaurants, wonderful farmer's markets and so, so much more. These are all great examples of what Iowa City is and what it can be. What we should not become is a typical American city, reliant on big-box stores, exploited workers, and congested highways and byways, all the while padding the pockets of one of the richest men in the world, while so many in this country, and our local community, struggle to make ends meet. Uh, I hope you all will take the time to reconsider an important...this important decision. In addition, I would like to thank Councilor Wright for his courage in opposition to what is known to be a terrible corporate citizen. Thank you. Ross: Hi, I'm Brandon Ross, and uh, I just break it down to this. Wal-Mart is really bad for, uh, it's a bad city planning move. Uh, it's, you know, everything else has been brought up about its ethics, uh, but you know, there are books and books written about this. There are dozens and dozens. Uh, you know, even our Public Library has many of them, Free Lunch, little bit about corporate welfare. Wal-Mart dominates this book. Here's a book called The Bully of Bentonville, How the High Cost of Wal-Mart's Every Day Low Prices is Hurting America. It's about city planning; it's about city stores. LJh, Big-Box Swindle, is basically about Wal-Mart. Uh, I could have chosen from any amount, well, of course, here's the United States of Wal-Mart, uh, which, uh, is kind of lately popular. I hope that some of the Councilors have read some of these. There are dozens and dozens, I mean, you can just go through. Should probably just bring that up. Um, basically, uh, you know, what Wal-Mart does for the local economy is not really, is not real positive. It really is a negative, and that's why, uh, I'm just going to bring up that point tonight. Uh, if you're interested in city planning and you're interested in the This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of September 23, 2008. #6 Page 15 welfare of, uh, the citizens' economically, I think this is why you should not vote for Wal-Mart. I spoke with this week, uh, probably about three dozen, uh, business...small business owners, uh, in town, and I asked them, I asked them, do you want Wal-Mart to come, the Super Wal-Mart, and the answer was, "No," every single time, not even one person was, uh, agnostic about Wal-Mart. They just were completely against, and with good reason, because Wal-Mart hurts small businesses. Wal-Mart hurts the fabric of the town. It's a bad city-planning move. I know...I know the tax base situation looks good at the beginning. That's the trick, but what happens is in the long run we get stuck with it. You make this decision tonight, you might be able to say it goes on the books and it looks pretty good right now, but we're going to have to live with this. This thing is going to have to be with this town for a long time. So I say it's a bad decision, uh, to make in that way. They're not good corporate citizens and as far as the whole legal issue and things like that, sure, they can be brought to task and everything like that, but they have a lot of money. It's like bringing Halliburton to task, and I don't think that we should be involved in corporate welfare. All the infrastructure and everything we give, uh, to big-blocks, you know, right now we're dealing with a national situation. Do you think we should have bailed out, uh, these people in the banks just because things went wrong for them? I don't think so, and I think that this is still in the same...in the same line. I don't think we should hurt our community, uh, economically by allowing Wal-Mart in. If you've read any of the 100 books that are written about Wal-Mart and criticism of Wal-Mart, you would find that it's very easy to see that it's not a good move for a community, and it's not a good move for us. All the points have already been spoken. I really think that the persons preceding me, uh, made a lot of good, uh, comments, and the community has spoken out, uh, against this in many different ways. You have the power, it really comes down to you, there's nothing stopping you from stopping it. I know I've spoken with Councilors, I will not mention their names, and I've never heard that from any of them, that they really appreciate Wal-Mart, and there're good reasons not to. So what I say to you is, have the power, stand up, be strong, and... and do something in a positive way for the community, and I think this is the best way to go. Thanks so much for your time, uh, and your civility and your comments. I appreciate it. Thank you very much. By the way, uh, one last thing, you know, having Wal-Mart's Bead and Hide-a-Way, or Wal-Mart's Record Collector or Wal-Mart Burg 2 or 3, because Hamburg 3, having everything in Wal-Mart, including Wal-Mart Harvat Hall, I suppose, so that they can have everything in one place, you just drive to it with lots of parking around might be more convenient for the City, uh, but I don't think so. I hope that we keep our city's fabric, uh, the way, uh, it is and grow with that, and not...and not turn ourselves into, you know, more of a drive-sprawl-big-box situation. Thanks so much. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of September 23, 2008. #6 Page 16 Bailey: Thank you. Discussion among Council Members? Champion: I do appreciate the speakers here tonight. They are telling us things, you know, have some truth to them. We know there's been lawsuits against Wal-Mart. When Wal-Mart wanted the last zoning change, I did not support it. I view this a little bit differently now, because I've done some investigation into other big-box stores, and they're not the only people who don't treat their employees incredibly well. And I think because of all the lawsuits and the national attention to this, hopefully some of that will change, but I didn't see this crowd here when the Coral Ridge Mall went in and...and you have Target. Or when Iowa City built the Super Menard's. I didn't see this crowd here. Do you think their employees are treated any differently? I had a kid work for Menard's. I had a kid work for Target, uh, they weren't treated any differently than you're saying the Wal-Mart, uh, employees are being treated. Um, I view this as an urban renewal project. I expect Wal-Mart to be good corporate citizens, um, I hope they will be, um, I don't know what I'm going to do if they're not, but I hope they will be, but I'm going to support it. I've changed my mind on this view for different reasons, and I'm going to support this project. Bailey: Further discussion? Hayek: I wasn't going to say something, but I...I picked up on a comment tonight that I think I can use to once again explain why I'm voting the way I'm voting. Um, and that has to do with the smoking law that the State of Iowa passed. Um, there was a change in the State Law as it relates to smoking, as a result of people advocating for a legislative change. Anew law. That's why we have the statewide ban on smoking. If people are interested in changing the legal right of a company like Wal-Mart to operate in Iowa City, it's incumbent upon them to advocate for a change in our zoning ordinances. That's how you do it. That hasn't happened. Tonight we're engaging in the technical application of existing zoning ordinances. We are not discussing a change in all of these, and that I think...that's how I come to my conclusion. We're not talking about a change in our ordinances. We're applying what is on the books. Bailey: Any other comments? O'Donnell: Well, I'm not going to change my mind. I always have supported this, and I think continue to support it, um, all of the comments that we had here from Wal-Mart employees have been positive, um, we've heard selling souls, um, Wal-Mart will be here for a long time. Well, Wal-Mart has been here for a long time. The community voted that they wanted a Wal- Mart. Uh, I believe the community's spoken, um, I...I think it's time to move forward with this project. It's long past time. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of September 23, 2008. #6 Page 17 Bailey: Comments? Roll call. Item passes 6-1, Wright voting in the negative. Karr: Motion to accept correspondence. Wilburn: So moved. Bailey: Moved by Wilburn. Hayek: Second. Bailey: Seconded by Hayek. All those in favor say aye. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of September 23, 2008. #~ Page 18 ITEM 7. AMENDING THE FY2009 OPERATING BUDGET. a) PUBLIC HEARING Bailey: This is a public hearing. The public hearing is open. (bangs gavel) And I think it would be best if we first would hear from Kevin. O'Malley: Honorable Mayor, Esteemed Council, good evening. Folks at home, my name is Kevin O'Malley, Director of Finance. I recommend adoption of this, uh, first amendment of our budget. LTh, most of this, most of the information that was presented in the memo, uh, talks about our purchase carryovers and our capitol improvement program carryovers. We have two odd items, unusual items, for our first round of amendments, and that's the flood. We had about $7 million in there for expenditures, and about $6 million in revenue. Now, when we did the paperwork for this, we weren't aware that, uh, our federal government hadn't awarded us 90%, so the forms that you see in front of you that we're sending to the State will be increased by a million dollars, the fund balance will be increased by a million dollars with the 90% funding now. The other issue that we have in here is, uh, an opportunity to purchase some land for economic development, and to do all this stuff we need to, uh, amend the expenditure budget. State law has a, doesn't, uh, doesn't bother us if we make too much money, but if we spend one dollar too much out of one of these program areas, we can be fined and maybe even some other penalties. So what we normally do is we estimate our expenditures a little bit higher and, uh, in these certain program areas, and that's what we have before you tonight. If there're any questions, I'd be happy to answer them for you. Bailey: Are there questions for Kevin? Clarifications, about what we're seeing tonight, regarding this budget amendment? O'Malley: One other comment I want to let you know, is I'm also keeping a close eye on our fund balances, general fund balances, and fiscal year 08 ended with a 30%, um, reserve, which was the goal, I think it was 31%, which was the goal that Council wanted, but since then we have spent quite a bit of money on the flood, and talking with the state each week, um, they're a little cash-strapped themselves, but the federal government has already obligated about $2 million to us, and we should be receiving some of that money shortly. However, we are at a low point in our cash reserves because we don't get our tax payment until October. But we're still healthy, we'll make payroll and those kind of things. Bailey: So our cash flow is still okay. O'Malley: Yes. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of September 23, 2008. #7 Page 19 Hayek: And I spoke to Kevin about this item, as well, just to understand it better, and I think it's important for the public to know that...that budget amendments are routine. There're generally one or two throughout the year, and part of that has to do with the fact that we are accounting reporting, uh, bridges, uh, back-to-back budget years. O'Malley: Correct. Hayek: And some things come in, uh, in the second budget year that were on the first, and we need to do amendments to reflect that. It has to do with timing, so this is a... something that happens as a matter of course. Bailey: Any questions for Kevin? Champion: Appreciate your coming. O'Malley: Thank you. Bailey: Yes, thank you, Kevin, for all the information. Anybody else wishing to speak at the public hearing regarding our budget amendments? Seeing no one, the public hearing is closed. (bangs gavel) b) CONSIDER A RESOLUTION Wilburn: Move adoption of the resolution. O'Donnell: Second. Bailey: Moved by Wilburn, seconded by O'Donnell. Any further discussion or comments? Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of September 23, 2008. #12 Page 20 ITEM 12. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE REMOVAL OF FLOOD RELATED SAND AND DEBRIS FROM CITY PARK. Champion: Move the resolution. Bailey: Moved by Champion. O'Donnell: Second. Champion: Do we have to say who we're giving it to? Bailey: Seconded by O'Donnell. That's what I'm (mumbled). We are awarding, wait, Parks and Rec recommended award of this contract to DeLong Construction of Washington, Iowa. The engineer's estimate was $120,000, and their bid was $99,000. So (several talking) okay, thank you. Um (mumbled) roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of September 23, 2008. #13 Page 21 ITEM 13. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE WATERWORKS PRAIRIE PARK FISHING PIER PROJECT. Champion: Move the resolution. O'Donnell: Second. Bailey: Moved by Champion, seconded by O'Donnell. On this item, the engineer's estimate was $150,667.25, um, they recommend awarding this to Peterson Contractors of Reinbeck. Their bid was $167,771. Discussion...further discussion? Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of September 23, 2008. #14 Page 22 ITEM 14. CONSIDER A RESOLUTION APPROVING A SETTLEMENT WITH ONE POOR STUDENT, INC., D/B/A/ ONE-EYED JAKE'S. Hayek: Madame Mayor, I shall, uh, abstain from this vote due to a conflict of interest. Bailey: Thank you, Council Member Hayek. Wright: So moved. O'Donnell: So moved. Bailey: Moved by Wright, seconded by O'Donnell. Discussion? Roll call. Item carries 6-0, um, Hayek abstaining due to a conflict of interest. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of September 23, 2008. #18 Page 23 ITEM 18. CITY COUNCIL INFORMATION. Bailey: Let's start with Council Member Wright. Wright: I always look for interesting events. One that we've got coming up is the PATV, Public Access Television, chili fundraiser cook-off this Thursday at, uh, Old Brick, starting at 5:30 going to 9:00 P.M. Old Brick is at 26 E. Market Street, in case folks don't know. This should be a lot of fun. There should be a lot of good chili. There appears to be quite a wide variety of eats. We have stuff from The Wedge, Motley Cow, Pit Smokehouse, The Red Avocado, etc., and I think it'll be a very good time for a good cause. Bailey: Thank you. O'Donnell: Um, just one thing. The Council retreat has been getting a lot of talk. Have we got any idea, um, preliminary ideas on the cost (mumbled) Lombardo: The retreat itself is nominal. The real cost will come in depending on what, um, we pursue thereafter. So, the one-day event, um, I'd have to go back and look. It's fairly nominal, um, just cover the cost of the facilitation for six hours and the cost of the rental of the rooms, so a couple thousand maybe. Um, beyond that, depending on the nature of the event that we structure and the strategic planning process as we move forward will be more costly. Bailey: And we'll see those numbers (mumbled) Lombardo: Absolutely. Before we move forward. O'Donnell: Okay, thank you. Bailey: Council Member Hayek? Hayek: Nothing. Bailey: Okay. (several talking) Okay, well...(several talking) I guess! I would like actually to read an email that I've been meaning to bring. I don't think we hear these kinds of things enough, um, and I've had this for a couple weeks. It's a little late, but I wanted to bring it. It's about garbage collection. My garbage collection is Monday. Many of my neighbors put out their garbage cans and recycle bins on Sunday evening. Most don't want one more thing to do on Monday morning before heading off to work for the week. Well, you know what the weather was like, this was, um, a particularly stormy time, was like over night. In the morning, um, of July 20t" through the 21St when Al and I left to go to work before 7:00 A.M. on This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of September 23, 2008. #18 Page 24 Monday, there was trash everywhere -there was a lot of wind -and her, and my heart sank. Who wants a neighborhood to look trashy? Well, we were pleased when we drove home. The City employees were miracle workers. They picked up the trash and made the streets look nice. They and the neighbors picked up downed tree branches. So often these employees do not hear from anyone and I'm going to call the department, and as Mayor I think that you should hear about this good work, as well. So, I just wanted to pass that along to everyone. I think we all realize that our City workers do a great job. They've done a tremendous job this year, but it's always nice when citizens, um, let us know, but even better when you let the departments know that you're pleased with their performance. Um, another thing I'd just like to say, Michael, I'm really appreciating this "At a Glance." I think it's, uh, really helpful. It's easy to read and I think it's a nice addition to keeping people in the loop. Um, I'm concerned, however, I'd like to see it get more attention so if it were bound in our Info Pack, I think the press might be able to pick up on it more, because I think that that's something that they access online. So...so, okay, is it being provided to them as a press release? Karr: It's on the City Manager's web site and then it's distributed to them loosely. Bailey: Okay. Karr: It is not bound. Bailey: Well, I would like to see a way that we get some more visibility for this, because I think it's a really good way...I spoke with a journalism class and they were asking me about items that were happening in the city. This would be something for them to really tap into, and call you, get some further information, and be able to...to get some really good news about the community out. So, I think it would be great if, um, it were put forth in a way that it could get some more visibility, but I think it's very helpful for us, and I'd like more people to see it. So, thank you. Okay. Wright: It is a very nice publication. I really appreciate it. Bailey: Yeah, so, all right. How about a motion to adjourn? Wilburn: Motion to adjourn. Wright: Second. Bailey: Moved by Wilburn, seconded by Wright. All those in favor say aye. Okay, we are adjourned. Thank you very much everyone. This represents only a reasonably accurate transcription of the Iowa City City Council Special Formal meeting of September 23, 2008.