HomeMy WebLinkAbout2003-04-08 TranscriptionItem 2b Page 1
ITEM 2b
Lehman:
Kart:
Noel:
MAYOR'S PROCLAMATIONS
b. Mayor's Youth Employment Program Month: April
Item two are proclamations. (Reads proclamation).
Here to accept the proclamation is Deb Noel, Board President.
I would just like to say thank you to the City of Iowa City for this
proclamation. Also in light of the fact that it is our 35~h anniversary I
would like to invite all of you to the open house that is this Friday
from 3:00 to 6:00. And then on Saturday we're having a bake
sale/bike sale/garage sale from 8:00 to 4:00. Thank you.
Lehman: Thank you.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of April 8, 2003.
Item 2c Page 2
ITEM 2c
Lehman:
Kart:
Carhoff:
MAYOR'S PROCLAMATIONS
C. Public Access Television Day: April 15
(Reads proclamation).
Here to accept is John Carhoff, Board of the Directors, Vice Chair.
As a member of the PATV Board of the Directors I'd like to take this
opportunity to thank the Council and the people of Iowa City for
participating in the success of local cable access. Public access centers
such as ours shows a stimulated citizenry. Supporting such a resource
shows respect for all viewpoints. In this day and age when television
has such a profound effect upon our culture it is important to provide
training and access to the tools and to the medium and to foster a
community of responsible media makers and viewers. This is our
mission at PATV. We invite you to stop by the access center or tune
into cable charmel 18 and get involved in the dynamic exchange of
ideas that build a strong community. Thank you very much.
Lehman: Thank you.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of April 8, 2003.
Item 2e Page 3
ITEM 2e
Lehman:
Karr:
Lilienthal:
MAYOR'S PROCLAMATIONS
e. Week of the Young Child: April 6-13
(Reads proclamation).
Here to accept the proclamation is Nancy Lilienthal.
The Week of the Young Child is an annual celebration sponsored by
the National Association of Education of Young Children, the world's
largest early childhood education association with over 100,000
members. Quality early childhood education is one of the best
investments we can make up for our child's future. Research shows
the children attending high quality programs are more likely to
develop the language, pre-mathematics, and social skills they need to
succeed in school. The local NAEYC chapter is sponsoring their
celebration at the Sycamore Mall this Saturday, April 12th from 10:00
to 12:00. All children birth to 8 years old are invited and there will be
over 35 tables and organizations there. Thank you.
Lehman: Thank you.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of April 8, 2003.
Item 2h Page 4
ITEM 2h
Lehman:
Karr:
Champion:
Zastrow:
MAYOR'S PROCLAMATIONS
h. Compeer Friendship Week: April 27 - May 3
(Reads proclamation).
Here to accept the proclamation are three board members: Simon
Chan, Sherrie Zastrow and Jennifer Kmse.
What a great idea.
I'd like to thank the Council for recognizing the volunteers of the
Compeer program. This is a new program that just began on July 1st
of this year - of 2002 - and we currently have 10 matches. That's 10
people with a new friend. I'd like to also take this opportunity to
invite any community member who might be interested in
volunteering to be a friend to call the Compeer program. That can be
done as easily as calling the community mental health center where the
program is located and asking for Judith Peterson Bend, our Director.
Thank you very much.
Champion: Thank you.
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Council meeting of April 8, 2003.
Item 2g Page 5
ITEM 2g
Lehman:
Kart:
Hochstettler:
MAYOR'S PROCLAMATIONS
g. National Medical Laboratory Week: April 20-26
(Reads proclamation).
Here to accept the proclamation is Beth Hochstettler, Training
Coordinator, University of Iowa Hygienic Lab.
Thank you to the Mayor and City Council for this honor. And my
colleague Dr. Mike Pentilla and I would like to recognize laboratorians
all over the state of Iowa. There's over 137 laboratories represented in
Iowa such as Mercy Hospitals, University of Iowa Hospitals and
Clinics, Cross Laboratories, and the University of Iowa Hygienic
Laboratory. Laboratorians are behind the scenes many times seven
days a week doing testing from everything from cholesterol, West Nile
virus, environmental monitoring to SARS which is a new threat to all
of us. Thank you very much for this honor.
Lehman: Thank you.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of April 8, 2003.
Item 2i Page 6
ITEM 2i
Perkhounkov:
MAYOR'S PROCLAMATIONS
i. Peaceful Resolution of International Differences
(Reads proclamation).
Here to accept the proclamation is Elena Perkhounkov.
Hi. On behalf of Iowa City for Peaceful Resolution Campaign I'd like
to say just a few words. As many here know we have asked the
Council to consider a resolution regarding this war with Iraq. We
didn't succeed in bringing it to the floor. But we have succeeded in
showing that this issue is important to this community. This
proclamation is a first step in recognition of this importance.
However, it is inherently undemocratic because it is issued by one
person. That is why we decided to invite democracy to this chamber -
I'm sorry for my accent - by encouraging Iowa City residents to also
issue their own proclamations today. These citizens' proclamations
we put together in a book that we are going to present to the Council
today. One for each Council member and one to the City. And some
of those proclamations will be read later today. Thank you.
Lehman: Thank you.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of April 8, 2003.
Item 3a Page 7
ITEM 3a.
Lehman:
rarr~
Lehman:
Kan':
Lehman:
Hailey Courtney:
Lehman:
Courtney:
Lehman:
Courtney:
Nneka Ukah:
Taylor Boland:
Sarah Noser:
OUTSTANDING STUDENT CITIZENSHIP AWARDS.
a. Roosevelt Elementary: Roosevelt Techsperts
The next item are Outstanding Student Citizenship Awards. I£the
young folks from Roosevelt would come forward please. If we could
put two over here and two over here that puts me right in the middle
and that's where I usually am.
Mr. Mayor they have an order they'd like to read in.
I beg your pardon.
They have an order that they would like to read in.
Oh, I'm sorry are we in the right order? This is an unusual
presentation. Normally we have regular Student Citizenship Awards,
but tonight I understand that this is experts' award. So I'd like each of
you to give your name and why you were nominated.
My name is Hailey and she drew our name from a hat.
Okay.
Should I read my stuff?.
Yes please.
Hello. My name is Hailey Courtney. Techsperts are 5th and 6th grade
student volunteers who help with technology and library services. We
help teachers and student with computer problems, equipment and
books. One thing we do is create web pages about things that happen
here at Roosevelt. For example band (can't hear) in concert.
Hello. My name is Nneka Ukah and I'm going to be talking about the
Adopt-a-Teacher program. The Adopt-a-Teacher program is when
you sign up to provide technical help and support for teachers. We do
things like set up scanners, lap tops and help set up computer programs
for teachers.
Hello. My name is Taylor Boland. As a Techspert you have the
choice of taking a shelving test. First you start fiction and non-fiction
call numbers. Then you take a written test. After that you can learn to
do check books in and out of the library. For me it is a privilege to
know that you can be trusted to do this.
Hello. My name is Sarah Noser. In Techsperts you learn about many
cool technology things. We learn to manage digital cameras, laptop
computers and camcorder. It's a privilege to be able to work with
these things and know that teachers depend on us. We're all glad to be
in Techsperts. Thank you.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of April 8, 2003.
Item 3a Page 8
Lehman:
Well now we're not quite through. You know a couple years ago my
sons went to Roosevelt - actually it might have been more than a
couple. That's a really, really good school. In fact I don't live very far
from you guys. I want to read this and then I want to present it to you
- you're the closest and you're the tallest. "For their outstanding
qualities of leadership within Roosevelt Elementary as well as the
community, and for their sense of responsibility and helpfulness to
others, we recognize the Roosevelt Techsperts as Outstanding Student
Citizens. Your community is proud of you. Presented by the Iowa
City City Council." And I think your parents, and I know your
grandparents are very proud of you. Thank you folks.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of April 8, 2003.
Item 5 Page 9
ITEM 5.
Lehman:
Alan Ellis:
Mike Donnelly:
PUBLIC DISCUSSION
Item 5 is public discussion. This is the time reserved on the agenda for
folks who wish to address the Council on items that do not otherwise
appear on the agenda. We have public discussion until 8:00 when we
resume with our regular agenda. If you would like to address the
Council please sign in, give your name and your address.
Good evening Mayor Lehman. My name is Alan Ellis. I'm a member
of the Iowa City Airport Commission. Currently I'm the Chair. Mark
Anderson was the Chair for one year. The end o£his six years as
member of the Commission has expired. I'd like to thank him for all
the time and effort that he did for that. And I don't think all of'the
members of the volunteer boards and commissions necessarily get
enough recognition that the Iowa City - they do a lot of' work for them.
Two things I'd like to bring up tonight. One is an update and another
is an introduction. First the update. We have hired and now have a
contract with Airport Business Solutions. The Airport Manager is
working with them now. They could be here as early as next week to
start the process which would mean we would have a strategic
business plan by say early July - at least the first draft. And we think
that's very positive and we're very thankful that you helped us with
that. We're looking forward to working with the Council on finalizing
the actual debt. We talked about that in the January meeting. There's
some disparity in the numbers and we'd really like to sit down and talk
about those things. Before...especially before the consultants get here.
And as far as introduction you know we have the environmental
impact obstacle clearance process going forward with Stanley
Consulting. Michael Donnelly the project manager and Kerry
Fitzpatrick are here. I'd like to introduce them to you just so you
know who it is working with the City on the obstruction removal
project.
Thanks Alan. This is kind of an update to an earlier introduction that
we had with you earlier in January if you may recall. At this point
we're beginning the public outreach portion of that activity. We have
approximately 65 owners of obstructions in the area that we'll be
contacting here within the next couple of weeks. And the majority of
those are owners of trees. The thing that we want to emphasize to
those folks is there hasn't been any determination made about the
ultimate fate of those trees. We're in the position of negotiating with
them are removal. And we wanted to make you aware of this public
outreach activity - who will be doing that activity so that if you get
any calls from any of your constituents that you can tell them who to
contact and what's going on with the project. My name is Mike
Donnelly and I'll be working with my colleague here Kerry Fitzpatrick
with that public outreach activity. So I don't know if there's any
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of April 8, 2003.
Item 5 Page 10
Lehman:
Vanderhoef:
questions or...? Thank you.
Thank you.
Thank you.
Ellis: Thank you.
Cooper Whittlesey: Hello. My name is Cooper Whittlesey and I'm from Shimek
Elementary. (Reads proclamation).
Tareq Abuissa: Hi. My name is Tareq Abuissa and I go to the same school as Cooper
which is Shimek. And I'm in 5th grade. And I have a peace
proclamation. (Reads proclamation).
Lukas Ovrom: Hi. My name is Lukas Ovrom and I'm a 5th grade student at Shimek
Elementary. (Reads proclamation).
Matt Blizek: Hello. My name is Matt Blizek. I'm a citizen of Iowa City. I've lived
here for three years. I live at 628 North Linn. I came here tonight to
speak on the 21 (can't hear) you'll consider later tonight, but when
going through the proclamation something struck me and I wanted to
get some response. Number a under Item 2, the Alcohol Awareness
Month proclamation was not made and I was wondering why - it
seemed particularly relevant to what we're talking about today.
Lehman: We only read proclamations when there's someone here to receive
them.
Blizek: So there's no one to receive an alcohol awareness with all the
members of Stepping Up here tonight?
Lehman: It isn't unusual to have proclamations (can't here).
Wilburn: There's someone here. They must have gotten here late apparently.
Lehman: We had someone here to receive it we just didn't get you done in time.
Alright. I'm sorry.
Blizek: It brought to my mind just a larger issue and I'd like to address it to
yourself as a member of Stepping Up Mr. Lehman and the other
members of Stepping Up in the audience that alcohol awareness and
the damages that alcohol do are very real. I recognize them. I've seen
them to members of my own family and my friends. And it's a very
noble goal - the goal that Stepping Up has which is to reduce binge
drinking among college aged people throughout the United States.
The way that they're going about it at the University of Iowa though I
believe is the wrong way to go about it.
Lehman:
Are you speaking to the 21 ordinance?
Blizek: No.
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Council meeting of April 8, 2003.
Item 5 Page 11
Lehman:
Blizek:
Blizek:
Lehman:
Blizek:
Lehman:
Blizek:
Lehman:
O'Donnell:
Lehman:
Anne Skinstad:
Okay. Go ahead.
What I'm basically saying is if Stepping Up wants to be effective in
their noble goal of reducing alcohol consumption on this campus they
should engage the students and get the students convinced that that is
the right way to do it. They should not pursue ordinances that try to
force that upon them because it won't work. Relating to that what I
was wanted to talk to the Council about too is that I continue to read
that the Council is pursing a nuisance ordinance that the City will
somehow put pressure on landlords to evict tenants who are being
unruly or whichever ways. And I believe that goes right along with
the 21 ordinance tonight trying to legislate these problems away. And
I don't believe it will work. I think a cooperative manner is a lot more
effective. And I was wondering - I know it was discussed last night -
has there been a final version of that ordinance completed?
It will be completed in two weeks and you really need to read it
because I think...
I know. One was supposed to be sent to us, but we haven't received it
yet so that's why I'm asking.
Dramatic changes.
Well I'1t look forward to reading it.
I think you'll like the changes.
Well thank you.
We do. Thank you.
Ernie you should do this proclamation now since they're waiting.
I will do the proclamation if there is someone here to receive it. Okay.
(Reads proclamation - Item 2a Alcohol Awareness Month: April). I
apologize for losing you in the crowd.
My name is Anne Skinstad and I'm the Director of the Prairie land
Diction Technology Transfer Center and I'm very pleased that the City
Council is proclamation alcohol awareness month to be in April. And
as already had listed of a lot of people in this country and in the world
in general have a serious alcohol problem. And one-third of adults
have abusive alcohol patterns. And this month we're trying to shed
light on the problem. And on April l0th we have a number of places
around Iowa City where people can get alcohol screening and
assessment if they feel they would like to know how their drinking
patterns are. And the student health is offering screening. The Prairie
land DTTC will be offering screening connected to the Pow Wow in
the Carver Hawkeye Arena. So it's very important to think about this
as a disorder and not a stigmatized something that is very shameful to
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of April 8, 2003.
Item 5 Page 12
Lehman:
Becky Soglin:
Lehman:
Kanner:
talk about. Thank you very much.
Thank you, Anne.
I'm Becky Soglin, Chair of Environmental Advocates and I'd like to
briefly share with the Council both a request and an idea that I will
also be sharing with the Staff's solid waste advisory committee. First
I'd like to ask there be a City sponsored public discussion about solid
waste and recycling issues that have been under consideration and
might come under consideration by the staff committee. This of
course is the committee that was created when the Council voted in
fall of 2000 not to have a commission that included citizens. A March
2001 memo from the committee mentioned getting input from the
Downtown Association on cleaning up alleys and that memo also
mentioned that a "more generalized discussion will come later." But
to the best of my knowledge this generalized discussion which I take
to be something involving a public forum hasn't happened. And I
think people will be interested to know what's under consideration and
to share their input. And second of specific concern I have a
recommendation regarding the trial 65-gallon automated refuse
collection system that being used for several thousand households in
the City. A February Press Citizen editorial supported the use of these
containers in part because they reduce employee injuries and decrease
apparently litter. I agree that it is very important to make
improvements to assure that City employees have safe and healthy
working conditions. However, while another 1500 or so of these 65-
gallon automatic containers will be introduced this summer to
households in the City them seems to be no consideration of offering
smaller containers to households that currently only use a 32-gallon
container or even a smaller container or to offer these containers to
households that might then reduce their amount of waste and do more
recycling. The City of Santa Cruz like us is a college town. They
have a population under 100,000. They have an automated system
which has four different sizes available - 96, 68, 32 and even a 22
gallon which I learned is a 32 gallon with a false bottom. I'm getting
additional information to share with the Council and to share with the
appropriate City staff. But I'd like to emphasis that simply having a
65-gallon container if that is what the City is going to go to through a
completely automated system fails to encourage waste reduction and is
also unfair to citizens who continually have 32 gallons or less and
therefore are subsidizing the garbage of others. Thank you.
Thank you.
I will discuss that at our Council time that we discuss if we would like
to have some more information from the Staff and/or have this kind of
citywide discussion. I think it's worthwhile.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of April 8, 2003.
Rem5 Page 13
L ehm an:
Karen Pease:
I'll make a note of it.
In the interest of civility and brevity I will shorten my proclamation.
Whereas all members of the City Council have sworn an oath to
uphold and protect the Constitution and whereas Article VI of the
Constitution reads, "This Constitution and the laws of the United
States which shall be made in pursuance thereof; and all treaties made
of which shall be made under the authority of the United States shall
be the supreme law of the land; and the judges in every state shall be
bound thereby anything in the Constitution or the laws of any State to
the contrary notwithstanding." And whereas the Senate approved the
UN Charter of July 28, 1945 by a vote of 89 to 2. Whereas the nation
of Iraq has not broken the "self defense clause" - Article 2, Clause 7 -
of the UN charter which reads, "Nothing contained in the present
Charter shall authorize the United Nations to intervene in matters
which are essentially within the domestic jurisdiction of any state.
Whereas Article 2, Clause 4 of the UN Charter reads: "All members
shall refrain in their international relations from threat or use of force
against the territorial integrity or political independence of any state."
And Article 36, Clause 1 gives the only exception that "the Security
Council may at any stage of a dispute of nature referred to in Article
22 or a situation of like nature recommend appropriate procedures or
methods of adjustment." Whereas the United Nations security council
has not passed any resolution authorizing military force against the
nation of Iraq since the first Gulf War. And whereas that resolution
was only in effect until a cease fire was reached. And whereas a UN-
agreed upon cease fire was established. And whereas even in the
resolution could be "reinstated" 12 years after the fact setting and
extremely dangerous precedent that the resolution only allows for UN
sponsored military action with the official stated support of the
Kuwaiti government, not unilateral or limited-multilateral military
action with unstated Kuwaiti support. And affirming the near
universal consensus of international law scholars the term "serious
consequences" is not a code word for war (that term being "all
necessary measures") invalidating the use of Resolution 1441 to give
the right to wage war against Iraq. Affirming that the words "uphold"
and "protect" are action verbs in the English language and not "states
of being." Affirming that a violation of an oath is perjury by the very
definition of the word. Now therefore Iowa City does declare that the
war against Iraq is in violation of the UN charter. Furthermore Iowa
City does declare that a violation of the UN charter is a violation of the
US Constitution. Furthermore, Iowa City does declare that by refusing
to take action made readily available to them to uphold and protect the
Constitution the members of the City Council who chose this course of
action have violated their oath of office. Now additionally I would
like to mention that I find that it's unfortunate that the Council would
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of April 8, 2003.
Item 5 Page 14
rarr~
Lehman:
Pease:
Leah Wolfe:
Girmy Paulson:
Mark McCallum:
prefer to spend its time debating the details of a resolution which
would prevent the very people who are risking and giving their lives
for this country over in the middle of a piece of barren desert right now
from eating dinner in the place of their choosing when they get back.
Thank you.
Can I have your name for the record?
Your name please.
My name is Karen Pease.
I forgot my label sorry. My name is Leah Wolfe and I just wanted to
thank you guys for letting me have the opportunity to speak to the
Council as well as the citizens of Iowa City. I'd like to read a
proclamation that I submitted and I think its words for thought for
everyone regardless of location or well I'll just let it speak for itself.
(Reads proclamation). Thank you.
My name is Ginny Panlson and I'm a resident of Iowa City. I first
want to thank the Council for issuing a peace proclamation and having
Iowa City join the list of other United States community who has
spoken up about this and supported working with the United Nations.
(Reads proclamation). Thank you.
My name is Mark McCallum. I live on 811 College Street and I
wanted to talk to you about the new nuisance ordinance. I'm a small
property manager over on College Street. I own the old Rorbacher
Sanatorium property. Some people in the building department might
consider me a nuisance as a landlord, but they would probably
consider my property very quiet, well-managed property. And I
applaud the goals of the nuisance ordinance, however, I disagree with
the methods. The main problem that I have with the new nuisance
ordinance whether it's the new revised version that came by the other
day or the old one that came through several months ago is that it
basically creates a distinction between rental property people and
residential property owners. And what I'd like you to really think
about is when we create laws or ordinances things should be equal for
everyone. Let's say for instance you have one, two properties next
door to each other. One's...
(End of Tape #03-26, Beginning of Tape 03-30)
McCallum:
...noise late at night they violate the noise ordinance. If the residemial
property owner gets violated they'll get a fine. But if the rental
property violates the law over time they could eventually make that
person homeless. And not only is this ordinance confusing as a
landlord I feel as though it really...I don't know which direction I'm
going to go when I'm screening new tenants. I'm in that process right
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Council meeting of April 8, 2003.
Item 5 Page 15
now of looking at new tenant situations. And all I'm asking is that
when you look at this ordinance is that you create a system that is
equitable to everyone - that there shouldn't be distinctions in laws
between renters and property owners. And that's all I had to say.
Thank you.
Lehman: Thank you.
Madam Timmer-Hackert: My name is Mariam Timmer-Hackert. I'm over on
Emerald Street. I've been here for about a year...yeah about a year.
And I just want to read that last little bit of my proclamation. People
have already talked about most of the reasons I have so...Whereas for
the above reasons and many others, starting a war in Iraq was bad and
stupid. Therefore we declare this proclamation in support of the
United Nations and peaceful disarmament of Iraq instead of killing the
people of Iraq. And my husband and I are the ones who sign this. We
promise to vote always remembering that some elected politicians are
for peace and others are for war and terrorism. In addition to voting,
contacting our representatives, rallying in the streets, members of the
household are planning nonviolent civil disobedience in an effort to
fome the government to deal with the moral outrage this war has
generated. We, unlike some members of the City Council, cannot stay
silent in the fact of this enormous sin and we will be heard. I forgot to
sign.
Mr. Mayor could we have a motion to accept to proclamations and
also could we... did you have the proclamations?
ralT~
Lehman:
Kanner:
Not yet. Do we have a motion?
Move to accept correspondence.
Vanderhoef:
Lehman:
Holly Berkowitz:
Lehman:
Berkowitz:
Second.
Moved and seconded to accept correspondence. All in favor?
Opposed? Motion carries.
May I go ahead and start?
Sure Holly.
Holly Berkowitz, 612 Granada Court, Iowa City. As the bombs stop
our nation needs to help to lead the many toward a safer future.
International law guides all, but the Bush administration has violated
intemational law of the United Nations and treaties to invade Iraq. We
need to plant gardens for Eden enough to cause peace, but that is not
easy, cheap or quick as cash flow counts of war. We need to reach out
and up for light enough to understand the infinite possibilities
impossible to count and cash. We need to nurture more positive
worlds to produce the positive, to produce peace and prosperity of any
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of April 8, 2003.
Item 5 Page 16
Lehman:
Karly Whittaker:
definition for any to succeed. Perhaps American cities could help Iraqi
cities to help cultivate gardens for Eden enough to cause peace instead
of war. I wrote a prayer out of my resolution. It is titled An
International Law? - a prayer for us. Dear God, let civil morals of
international law guide us. We need balance of power to survive. In
other words balance between local and federal. Force us to listen to
your infinite hope and wisdom impossible to count in cash as militant
force crushes land and life in Iraq. Force us to learn now to try to
understand nature's divine laws of reciprocity far beyond the obvious.
Divine laws and reciprocals that balance nature's budget enough to
balance human budgets - private or public, now or generations from
now. Give our troops the courage and the strength to understand the
fragile, but vital nature of life and life of nature enough to help Iraq to
gain self-sufficiency soon enough to nurture those soils and sands
enough to prosper again as they did in ancient times. Enable us to
value critical flows of water of life as much as the oil of cash. Help us
to nurture life's fragile worlds of light enough to lift life upwards
towards blessing, to value life's fragile but vital productivity potentials
enough to produce prosperity enough to count in terms of hope in
addition to cash. To find satisfying self-determination, democracy,
enlightening, peace enough for all to share. Help our lands to produce
life enriching enough to carry the many toward a more positive future,
to produce critical flows satisfying enough to hold the fragile web for
life intact now and generations from now. God help us to hold
international logic of law of morality, of nature's reciprocity and tact
enough to prevent some secretive few from taking the many...taking
from the many unsuspecting to get for the private self of greed at
public taxpayer expense. Help us to garden for Eden instead, to
garden positives for you and your children's children's children to
share exponentially now and generations from now. Amen.
Thank you Holly.
My name is Karly Whittaker. I just want to announce today that the
group that tried to pass the resolution through City Council we're in
the process of exploring a citizen's initiative to try to build habits of
peace and institutions of peace locally. So just wanted to let the
Council know that we're in that process. Today actually April 8th
Representative Kasentage in Ohio reintroduced a bill that he'd
introduced before September 11th to establish a Department of Peace.
According to that bill this department would try to make non-violence
an organizing principal in our society. It would be required to be...to
have allocated to it 1% of the Defense budget which doesn't sound like
a lot, but it adds up very quickly. It's a lot of money. So we're
exploring ways to work in conjunction with this idea of a Department
of Peace, perhaps a peace commission or a branch, a committee within
the Human Rights Commission that could work to not just look at
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of April 8, 2003.
Item 5 Page 17
human rights' issues at a local level, but also try to see if we can...like
Mariam I did my taxes today and I've decided to do a little civil
disobedience. There's a group - one million taxpayers for peace.
We're asking people around the country to do a minimal $10.40
resistance to show that we're opposed to our money being used for
war. And I feel that like recycling you do this at an individual level
and it doesn't seem to add up and you need to change the institutions
that are creating a lot of the problems. So we're tying to find ways to
make Iowa City socially responsible and its investing look to support
peace as a positive economic growth factor in our community. I really
honestly believe that one of the things that makes this community so
special is that it is a community that supports peace and we could
actually see that as an asset and work to promote that. So I just wanted
to give you a heads up on that.
Lehman: Thank you.
Champion: Good luck.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of April 8, 2003.
Item 6d Page 18
ITEM 6d
PLANNING AND ZONING MATTERS.
PUBLIC HEARING ON AN ORDINANCE TO REZONE
FROM NEIGHBORHOOD CONSERVATION
RESIDENTIAL (RNC-12 & RNC-20), HIGH DENSITY
MULTIFAMILY RESIDENTIAL (RM-44) AND MEDIUM
DENSITY SINGLE FAMILY RESIDENTIAL (RS-8) TO
CONSERVATION DISTRICT OVERLAY (RNC-12/OCD,
RNC-20/OCD, RM-44/OCD & RS-8/OCD) FOR THE
DESIGNATION OF THE COLLEGE HILL
CONSERVATION DISTRICT WITHIN THE COLLEGE
HILL NEIGHBORHOOD (REZ03-00005)
Lehman:
(Reads item). Public hearing is open.
Vanderhoef:
Mr. Mayor I must recuse myself. I have a conflict of interest since I
am a member of a fraternity in this district.
Lehman:
Fraternity?
Champion:
Fraternity?
Vanderhoef: Yes.
Champion: Really.
O'Donnell: I could talk to you about that sometime.
Lehman:
Can we do that at Council time.
ralT~
Dee, you want to just note since it's items d, e, f and g.
Vanderhoef: So it's for d, e, f, and g.
Lehman:
Okay. Thank you Dee.
Michael Maharry:
My name is Michael Maharry. I'm the Chair of the Historic
Preservation Commission. I did get a hair cut from last night to
tonight. And I would like to come before you to present the College
Hill conservation district before you. And I know you have other
pressing issues tonight so I'll be brief and just say that the commission
worked long and hard on arranging these guidelines and surveying the
land and creating the district. And there's a lot of material that you
reviewed and I thank you for reviewing all of that. We had good
meetings with good discussion and have adjusted the boundaries of the
conservation district as a result of public input and believe that this is a
good plan in front of you tonight. And so I encourage its
consideration. Thanks.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of April 8, 2003.
Item 6d Page 19
Lehman:
Cecile Kuenzli:
Lehman:
Kanner:
Maharry:
Kanner:
Thank you.
I'm Cecile Kuenzli the current president of Friends of Historic
Preservation. And as such I'm here to express our support for this
zoning change too because we recognize what is widely recognized
that appropriate zoning is the most critical step in preserving buildings
from the past, preserving our buildings so that Iowa Citians may enjoy
them tomorrow. Thank you.
Thank you. Anyone else like to speak to this issue?
Michael...I had a question for Michael. One of the concerns I think
that people have about historic districts or conservation overlays is the
nitpicking that ! think they're fearful of if they want to change a little
thing. And I recently...I read in your recent minutes about talk about a
type of spindle I think on a porch that was torn down and it seemed to
occupy many length of discussion in the minutes that I read - it could
have been an hour or so. And the person took them down without
knowing that they subject to approval of the historic preservation
commission. And then there was the discussion well they don't have
to abide by what you say they should put up. So I wander if you could
address that. I too have some concern about that nitpicking and if it's
maybe a little too much.
For that particular issue there were different guidelines. They
technically needed a demolition permit before they could do it since it
was in an historic district. They didn't get that and now that it
is...now that there is no porch they did not have current guidelines to
rebuild...that they needed our approval to rebuild the spindles. So
technically they did need a demolition permit, but they did not need
approval for the rebuilding of the spindles. As far as concerns about
the guidelines we in general what we have found is that a property
owner will come before the historic preservation commission once
every 15 years. And overwhelmingly - at least in my experience and
the experience of the people on the board - people have found it to be
a more or less harmless experience. They come away with essentially
free advice from City staff and recommendations that they hadn't
thought of before which may or may not in the end save them money
and time. So we do try to be receptive and open to people with the
consideration that guidelines to help preserve and conserve the overall
aesthetic of the neighborhood are maintained.
And I've asked this before and I'll continue to ask this. I think it's
good for public awareness. We just heard statements about fighting in
the Middle East perhaps for oil. So there's concern about other ways
of obtaining energy. And how hard would it be for people to put solar
panels for instance on houses and structures in this district. How hard
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of April 8, 2003.
Item 6d Page 20
Maharry:
Maharry:
Kanner:
Lehman:
Champion:
Lehman:
would it be to put energy efficient triple pane windows at a somewhat
reasonable cost with this overlay.
Specifically for windows there is no oversight that we have for
windows. As far as solar panels if they are on areas that are not
directly visible from the streetscape they are allowed meaning on the
side or on the back of the structure. We only in the conservation
district have recommended guidelines for the front streetscape.
Would you consider discussing allowing.., if you're facing the south
that means you're precluded somewhat from having them in this
district. And I think it's important to have some of that allowed. Is
there any chance of you talking about that in your commission and
changing some of the rules or seeing if it's worthwhile changing and
brining it to Council?
We would certainly consider that as a proponent of alternative energy
myself. Yes.
Thank you.
Thank you, Mike.
I can speak from personal experience with the Historic Preservation
Commission and I thank them for all their hard work they've done.
I've been before them myself or an architect or a carpenter many times
and it's been a very painless experience. And it does I think maintain
the character of a neighborhood and in the long run it's a great
economic asset for the neighborhood and the community.
Thank you. Public hearing is closed.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of April 8, 2003.
Item 6h Page 21
ITEM 6h
Lehman:
Kevin Hanick:
PLANNING AND ZONING MATTERS.
CHANGING THE ZONING DESIGNATION FROM CB-2,
CENTRAL BUSINESS SERVICE ZONE TO CB-5,
CENTRAL BUSINESS SUPPORT ZONE FOR BLOCK 67
OF THE ORIGINAL TOWN PLAT, EXCEPTING THE 6,000
SQUARE FOOT PROPERTY AT 130 NORTH DUBUQUE
STREET. (REZ03-00006)
(1) Public Hearing
(Reads item). Public hearing is reopened. Prior to...well first of all
public heating is open. Does anyone wish to speak to this?
I'm Kevin Hanick. I'm the applicant on behalf of the owner Patricia
Lenoch of this property. I shouldn't really say this property because
the original application for rezoning was made for a particular property
and was on the prompting and the cooperation with the City staff,
planning staff and the Planning and Zoning Commission that we
agreed to cooperate and at their encouragement enlarge the area
submitted to you for rezoning at this time - that includes the whole
block as you know. I just wanted to note that we really came with the
idea that we were intent on developing one particular parcel of
property. And I think it's important to note that in a sense it may be
the only property that could be redeveloped at this time in that whole
area. As Mr. Downer pointed out last week that - not quite correctly -
but he suggested that the predominant landuse of this block has been to
house major churches. It's in fact about half of the block. The other
half has been ironically for a long time you'll be happy to know about
a block away there were three breweries on three of the four comers. I
don't think i't has anything to do with tonight's discussion particularly,
but there have been other uses in that block historically and currently
Brewery Square is the other predominant use which is a clearly mixed
use facility. It has educational, restaurant, office uses. And as part of
that redevelopment there were certain parking credits that were applied
to allow them to redevelop that property as a kind of mixed use. And
in fact given the square footage and the uses of that property I think
one would have to agree that it's certainly more in spirit in keeping
with a higher, more intense, kind of development than is currently
zoned. That is absolutely clear. But I'd also like to point out I think
it's just important to focus on the language here which is your own
language and that is the definitions and the differences between CB-2
and CB-5 as described in our own planning and zoning documents.
It's very interesting because upon reexamination they're almost
identical descriptions. And it focuses on a transition between intense
land uses which would be a central business district and downtown
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of April 8, 2003.
Item 6h Page 22
Lehman:
which have essentially no parking requirements for businesses there.
There's mention of enhancing pedestrian orientation. In other words
reading a streetscape which I think is an important aspect - this is CB-
5. Mixed land uses...again all of these are also mentioned also in CB-
2. Special consideration CB-5 given to building and site design. In
the proposal before you and with the concurrence with the applicants
and with the Planning and Zoning Commission and staff we've agreed
to considerable site planning cooperation and restriction in order to
create and redevelop a building that would be in keeping with what the
City sees is a positive feature for that site. Most efficient use of land
in parking - there's clearly in the plan with ten underground parking
places an efficient use and adequate use for the apartments projected.
It was pointed out...I want to point out that the City staff calculated it
as a vacant lot, as a parking lot, the maximum...and I almost challenge
this, you could have a 16 car parking lot. So that's a maximum use if
no building were developed there at all. And then finally - this is
under CB-5 - special consideration of the amount amd location of
parking as I just referred to. The only thing that's really different in
your own definitions - and I'm referring to the definitions in the
ordinances - is that under CB-2 there is a mention of "suitable
peripheral locations for auto oriented, commercial and service areas."
I have to...it seems to me that this site should not and could not
logically be considered any longer peripheral. While it's not central
downtown, it's certainly a transitional part of town, very clearly
pedestrian oriented, and the former uses for many years a gas station
and eventually automotive repair is clearly no longer suitable for that
area. And what we come back to then is a current building that sits on
that lot of about 1600 square feet. It can be rented out right now for
any number of lawful uses, some of which you probably like and some
of which the petitioners or the objectors would probably like and many
of which they would not like at all, some of which may even play into
your conversations later tonight. But these are legal things. Any
property owner has the absolute fight to use his or her property to its
maximum economic benefit and that will be sought out. That's the
laws of economics and we're not going to change those tonight. The
requirements under the current use would be somewhere between five
and eight parking places by the way as a continuing automotive use.
But the reason we come forward here is because we feel it's a key
component to the entryway to downtown. It's a chance for the
Council to go along with your Planning and Zoning Commission who
voted unanimously in favor of this change of zoning. It's a chance to
actually have some input into what's going to be built there. It would
be a structure that would be primarily brick. I would be a mixed use.
It would have parking.
Kevin, would you kind of wind this up a little?
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of April 8, 2003.
Item 6h Page 23
Hanick:
Lehman:
Kanner:
Hanick:
Hanick:
Lehman:
Hanick:
Lehman:
I will be happy to. In conclusion I just want to say that we have had
conversations and we will continue to have some conversations with
Wesley House representatives and the Methodist Church
representatives. And I state for the record that the objections that they
have are in self-interest. They would like to control the property. But
the reasons that they have given, whether they're environmental,
whether they're noise related or whatever, have really nothing to do
with zoning at this point. And I think it's important that the Council
look clearly at what those definitions of CB-2 and CB-5 are and vote
according.
Thank you Kevin.
What's an example of a negative thing that could occur there now
legally you said?
I guess I'd use the example of one that was dealt with a number of
months prior to that one Regal Liquors had made an offer and had
apparently entered into some negotiation to operate as a business in the
current...or well was Pearson's Rentatainment space. The neighbors
found this to be very much a problem and fought it. Something else
was worked out and negotiated. And there's still strong interest from
that kind of tenant to be in that kind of place, maybe stronger in this
place than the other. It would be perfectly legal to do that. We don't
have to have a zoning change. I'm offering and I would like to see
something different happen there. Something that would under
redevelopment create approximately $65,000 of new tax money,
property tax money, a year compared to what's given now. It would
be in the best interest of all of the citizens to see that property
redeveloped.
A liquor store though could happen with either zoning right?
Sure.
Well Kevin I don't know if you're aware of this, but this...obviously
you realize there's objections have been filed by more than 20% of
the...
20.18%. Yes, I'm aware of that.
Right which requires a supermajority on the Council. It appears from
last night's work session that we do not have a supermajority to pass
this. Now our own roles require that we go back to a joint meeting
between the Council and the Planning and Zoning Commission who
did pass this unanimously and it's been recommended by Staff. And
so I would ask that we have a...
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of April 8, 2003.
Item 6h Page 24
O'Donnell:
Lehman:
O'Donnell:
Pfab:
Lehman:
O'Donnell:
Lehman:
Wilbum:
Lehman:
O'Dormell:
Dilkes:
Lehman:
Champion:
Lehman:
Kanner:
Hanick:
Lehman:
Hanick:
Champion:
You should poll that first tonight, Emie.
Pardon?
You should poll that tonight the Council to see if...
I plan to vote for the....! just needed more information.
Oh.
So we need to continue this.
Well we need...well we'll continue the public hearing. But I do not
want to close the public hearing...
Actually Irvin that would make possibility of the supermajority tight
there.
But I think we need...
We need 6 of 7.
You don't need a consult with P&Z if you're going to pass it.
I'm well aware of that, but I'm not sure we have six votes.
Well we need to vote and see.
Once we vote it's a little late. Are there those who object to this?
I'd like to continue the public hearing. I think there's some
negotiations going on between the owner of that property and the
surrounding neighbors. And I think that they can reach some sort of
reconciliation. So I would propose that we continue the public
heating.
I've stated that for the record and that will continue, but it has nothing
to do with the request for rezoning in my opinion.
Well I guess...
And also I guess I want to say I agree with your position about going
back to Planning and Zoning if necessary. But I would request that if
there is opposition in all fairness I would be...be fair to bring it out. I
would like to hear what the opposition is and what the basis is because
perhaps we could satisfy the objectors.
Maybe the people who don't support this could state the reasons why
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of April 8, 2003.
Item 6h Page 25
Vanderhoef:
Dilkes:
Vanderhoef:
Dilkes:
Lehman:
O'Donnell:
Pfab:
Lehman:
Robert Downer:
Vanderhoef:
P fab:
they don't.
I'd be happy to.
Can I just...we're still doing a public hearing.
That's why I was waiting Connie.
And we need to see if there's other members of the public who want to
speak.
Is there anybody else in the public who wishes to speak to this issue?
I bet there's one.
Are we going to close...
No, we're not going to close.
Mr. Mayor, members of the City Council I'm Bob Downer. I am here
this evening as attorney for the Wesley Foundation. I am not at this
point going to get into any substantive discussion with respect with the
proposal. Only to indicate that I don't wish silence on this to be
deemed a concurrence in Mr. Hanick's comments. However, I would
certainly affirm what he said to the extent that there are negotiations
that are going on and that those will continue. If those do not proceed
for some reason prior to the time that this matter is finally acted upon
we will be back. But in the interim I don't believe that it's in the
interest of these negotiations to comment any further. Thank you.
Anyone else wish to speak to this from the public? Council people, if
you don't support...we need to find out if there's not sufficient support
for this we need to continue the public heating and meet with the
Planning and Zoning Commission.
This objection that I have at this point has nothing to do with the
project per se. What we have been trying to do in this City for over
three years is get a complete review of our zoning and ordinance
codes. To take this block right now and do a rezoning when we don't
look at the entire picture of the whole area - and this area has four
different zoning within a block of this property. So I agree that it's a
transitional area. The zoning that I looked at that I thought would be
less intense, but would still allow for housing above would be the RO
zoning, but until I see the entire picture I'm not prepared to vote at this
time. I think we need to wait for our zoning review and move forward
at that time.
I would speak to that. My understanding is that if this doesn't go
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of April 8, 2003.
Item 6h Page 26
Champion:
O'Donnell:
Wilbum:
Pfab:
Lehman:
Kanner:
forward this developer stands to lose control of the property. And I
guess I'm concerned...maybe I could use the term the devil I know
versus the devil I don't know, but I won't use that term. That was just
in jest. No, but I mean I think that I would expect that we could do a
lot worse and that is an understatement. I believe that the best interest
of this neighborhood would be to move forward with this. So last
night I had questions that I didn't have answers for and I didn't state
that I was against it. I just didn't have enough information in which I
was able to get since last night. So I'm happy to support it and I look
forward to making it work.
I certainly support the project and I agree with you Dee that we are
looking at overall zoning, but I don't think we should take one
particular project and say I'm not going to support this project because
I want the whole zoning review to be done. I think that's unfair and I
think it's economically unwise. That's just my personal opinion of
your reason.
This...I'm also going to support. We've spent a great deal of money
on the entrances of our City. This is an opportunity to develop this
property, increase the tax base $65,000, and it's a good project. It has
full support of Planning and Zoning and it's backed by Staff. So I'll
happily support it.
I am supportive of the rezoning. I certainly don't think Kevin is the
devil. But you know again some things can proceed regardless of
where we are at with the entire look at the zoning code. So I would
encourage...I'm glad to see that you're going to continue to talk. I
would encourage whether it's Wesley House or the other churches on
the block to try if you've got someone who's willing to talk and work
with you on what could possibly go there I would say to try to work
with that and be supportive of that.
Point of privilege. I would like to have my fellow Councilmen know
that I didn't intend to call him the devil. That was not my intention.
Steven?
I'm not a big fan of parking lots as most of you know. And I do
usually like increased density in the downtown or central area. But on
the other hand I also have a great deal of respect for the Wesley House
and the church that it's part of for the programs that it does for the
community. And so I take that into consideration when they launch a
protest that I want to listen to and give more time to. And one of the
things that I'm fearful of perhaps and hopefully this will be answered
along the way is that by changing the zoning of the whole block
perhaps we'll be more fresher on the churches there to take up and
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of April 8, 2003.
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Item 6h
Champion:
Lehman:
Page 28
Second.
We have a motion and a second Vanderhoef and Champion to defer
first consideration. All in favor? Opposed? Motion carries.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of April 8, 2003.
Item 6i Page 29
ITEM 6i. PLANNING AND ZONING MATTERS
i. AN ORDINANCE CONDITIONALLY CHANGING THE
ZONING DESIGNATION FROM CB-2, CENTRAL
BUSINESS SERVICE ZONE TO CB-5, CENTRAL
BUSINESS SUPPORT ZONE, FOR A 6,000 SQUARE FOOT
PROPERTY AT 130 NORTH DUBUQUE STREET (REZ02-
0002I)
(1) Public Hearing
Lehman: (Reads item). Public hearing is open. Are the comments of the
Council relative to the last one consistent with this one.
Kanner: Yeah.
Pfab: Yes.
Lehman: Mrs. Vanderhoefyou are also opposed to this one? Do I have a
motion to defer item i to the 22nd?
So moved.
Second.
Moved by Pfab, seconded by Kanner. All in favor?
(2) Consider an Ordinance (First Consideration)
Motion to defer item 2 consideration of the ordinance?
Pfab:
Kanner:
Lehman:
Vanderhoefi
Lehman:
Wilbum:
Lehman:
So moved.
Moved by Vanderhoef.
Second.
Seconded by Wilburn. All in favor? Opposed? Motion carries.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of April 8, 2003.
Item 6j Page 30
ITEM 6j.
Lehman:
Champion:
O'Donnell:
Karr:
Lehman:
Vanderhoef:
Lehman:
Vanderhoef:
Lehman:
Wilburn:
Lehman:
Kanner:
Kart:
Kanner:
Karr:
Dilkes:
PLANNING AND ZONING MATTERS
j. CONSIDER AN ORDINANCE AMENDING CITY CODE
TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE
B, ENTITLED "ZONING DEFINITIONS," AND ARTICLE
M, ENTITLED "ACCESSORY USES AND BUILDINGS,"
SECTION 1, ENTITLED "PERMITTED ACCESSORY USES
AND BUILDINGS." (SECOND CONSIDERATION)
(Reads item).
Move second consideration.
Second.
Mr. Mayor this is the one that expedited action has been requested.
Okay. I think somebody's going to try.
I'll do it.
Okay.
I move that the rule requiring that ordinances must be considered and
voted on for passage at two Council meetings prior to the meeting at
which it is to be finally passed be suspended, that the second
consideration and vote be waived and that the ordinance be voted on
for final passage at this time.
Do we have a second?
Second.
We have a motion and a second for expedited consideration.
What's the reason for the request.
I believe 4-C's had requested this so that it would mirror the state
language as soon as possible.
No, the expedited...
4-C's had requested it so that it would mirror the state language as
soon as possible. This is being changed to...
This is the daycare regulation. 4-C's coordinated childcare.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of April 8, 2003.
Item 6j Page 31
Kanner:
Dilkes:
Lehman:
Vanderhoef:
Wilbum:
Lehman:
Kanner:
Lehman:
(Can't hear) as soon as possible. Is there a reason given beyond as
soon as possible? That there's a specific emergency that has to be
placed?
I believe it's so home-based childcare can start increasing the number
of children in accordance with the state law.
Okay roll call on the expedition. Motion carries. (Kanner voting in the
negative).
I move that the ordinance be finally adopted at this time.
Second.
Motion and second. Discussion? Roll call. I'm sorry.
Well we have had one letter in opposition to this and it doesn't seem to
me to be an emergency nature to this. And although I support this luke
warmly to start with I'm going to vote against this because ! don't
think it needs to be expedited and there's a possibility that people
would come forward with good reasons on why it shouldn't happen for
Iowa City. For a number of different reasons that have been talked
about in the past I'll vote no on this.
Roll call. Motion carries 6-1, Kanner voting the negative.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of April 8, 2003.
Item 6m Page 32
ITEM 6m. PLANNING AND ZONING MATTERS
m. CONSIDER A LETTER TO THE JOHNSON COUNTY
BOARD OF SUPERVISORS RECOMMENDING
APPROVAL OF A REZONING FROM Al, RURAL, TO RS,
SUBURBAN RESIDENTIAL, FOR 1.31 ACRES OF
PROPERTY IN FRINGE AREA A ON THE SOUTH SIDE
OF 320?H STREET, EAST OF PRAIRIE DU CHIEN ROAD.
(CZ03-00001)
Lehman:
(Reads item).
Champion:
So moved.
Lehman:
Moved by Champion.
Vanderhoefi Second.
Lehman:
Seconded by Vanderhoef. Discussion?
Kanner:
Is Karin here or any representatives from this? What's...do we know
what the corn suitability rating is? Is it 65 or above? Because there
was some concern on the part of Staff in the memo about allowing a
building on something that was zoned for agriculture. Am I looking at
the right one here? Yeah this is the one.
Rick Harding:
Rick Harding. I'm the applicant. And it's just right now...it used to
be pasture, trees. It's not being used for anything.
Kanner:
How do they...?
Harding:
It sits next to the current buildings which is my father's and then the
property line. And it's just basically used to be pasture.
Lehman:
It's not going to be a corn field in other words.
Harding:
No, it never has and never will be.
Lehman: Thank you.
Kanner:
Do you know what the corn suitability rating is? I'm not sure how
those are derived. There's a standard of 65 that's used by the county
based on I believe on some state standard.
(End of Side 1, Tape 03-30, Beginning of Side 2)
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of April 8, 2003.
Item 6m
Vanderhoef:
Kanner:
Vanderhoefi
Kanner:
Harding:
Lehman:
Page 33
The ratings usually are done because of the crop that you get from it
and on an average.
I thought it might be based on land, how much it's sloped and...
Not to my knowledge.
...how suitable it might be for growing corn. I thought there was some
objective standards.
No.
Alright. Thank you. Any other questions? Discussion? All in favor?
Opposed? Motion carries. Thank you.
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Council meeting of April 8, 2003.
Item 7b Page 34
ITEM 7b.
THE IOWA CITY HOUSING AUTHORITY'S ANNUAL PLAN
(FISCAL YEAR 2003).
b. CONSIDER A RESOLUTION APPROVING
Vanderhoef: Move the resolution.
O'Donnell: Second.
Lehman:
Moved by Vanderhoef, seconded by O'Donnell. Discussion?
Kanner:
Do we have a representative? Hi.
Stephanie Hubler:
Hello. My name is Stephanie Hubler. I'm a housing program assistant
with the Iowa City Housing Authority. For the past three years I've
been assisting with the development and submission of the annual
plans and once again it's just each year we're required to submit an
annual plan to HUD. It's due April 17th. The plan has been updated
and is in compliance for submission to HUD. We've taken every
effort into the item in comment. We've published notice of the public
hearing to the public. We've formed a resident advisory board.
We've given copies of the plan to the Housing and Community
Development Commission. And we've also taken increased our
efforts into trying to get out into the human service organizations.
We've attended different meeting - Johnson County Coalition Against
Domestic Violence, the Johnson County Local Homelessness Board
and the Family Self-Sufficiency Program Coordinating Committee
announcing the plan available and the public hearing.
Were there any new services offered the past year through public
housing that were added to the plan?
Hubler:
Not for public housing. There were some...well there were some
changes with the Section 8 home ownership program which was
adopted in December -just this past December. So we've added that
to our annual plan.
Has anyone made use of that so far?
Hubler:
The Section 8 home ownership? Yes. I'm not sure. I don't have the
numbers for that, but yes we have ~mplemented that and ~t going
forward well.
Kanner:
So there are a few people that are starting to make use of that?
Hubler: Yes.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of April 8, 2003.
Item 7b
Kanner:
Lehman:
Well good. Thank you.
Any other discussion? Roll call. Motion carries.
Page 35
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Council meeting of April 8, 2003.
Item 8b Page 36
ITEM 8b
Lehman:
O'Donnell:
Lehman:
Pfab:
Lehman:
Vanderhoef:
Fosse:
Vanderhoefi
Fosse:
Lehman:
O'Dormell:
Lehman:
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA
AVENUE PEDESTRIAN BRIDGE REHABILITATION
PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO
ACCOMPANY EACH BID, DIRECTING CITY CLERK TO
PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME
AND PLACE FOR RECEIPT OF BIDS.
b. CONSIDER A RESOLUTION APPROVING
Do we have a motion?
So moved.
Moved by O'Donnell.
Second.
Seconded by P£ab for a resolution. Discussion?
This is a (can't hear) Rick, I guess maybe you'll come up, but we have
DOT money and we have University money and we have Iowa City
money.
Yes 50% DOT, 25% City, and 25% University.
Which is another good collaborative project with our University.
Yep.
Thank you Rick.
Thank you.
Any other discussion? Roll call. Motion carries.
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Council meeting of April 8, 2003.
Item 10 Page 37
ITEM 10.
Lehman:
Wilburn:
Vanderhoef:
Lehman:
Wilburn:
O'Dormell:
Lehman:
Wilbum:
Lehman:
Wilbum:
Lehman:
CONSIDER AN ORDINANCE AMENDING TITLE 10,
ENTITLED "USE OF PUBLIC WAYS," CHAPTER 3,
"COMMERCIAL USE OF SIDEWALKS," BY AMENDING
SECTION 1, ENTITLED "DEFINITIONS," TO INCLUDE
MOBILE VENDING CART AND MOBILE VENDOR;
AMENDING TITLE 10, CHAPTER 3, SECTION 4, ENTITLED
"NUMBER OF PERMITS; USE LIMITATIONS, EXCLUDING
SIDEWALK CAFES," TO EXCLUDE MOBILE VENDING
CARTS; AMENDING TITLE 10, CHAPTER 3, SECTION 5 BY
RENUMBERING IT AS SECTION 6; AMENDING TITLE 10,
CHAPTER 3 TO ADD A NEW SECTION 5, ENTITLED "USE BY
MOBILE VENDORS" TO ALLOW MOBILE VENDING CARTS
ON IOWA AVENUE; AND AMENDING TITLE 10, CHAPTER 5,
SECTION 9-A-3(d) TO CHANGE THE PERMITTED
DIMENSIONS OF VENDING CARTS. (SECOND
CONSIDERATION)
(Reads item). It would really be nice if we expedited this so I
wouldn't have to read it again.
I move that the rule requiring ordinances must be considered and voted
on for passage at two Council meetings prior to the meeting at which it
is to be finally passed be suspended, that the second consideration and
vote be waived and that the ordinance be voted on for final passage at
this time.
Second.
We have a motion and a second to expedite this. Discussion? Roll
call. Motion carries (Kanner voting negative).
I move that the ordinance be adopted at this time.
Second.
Moved by Vanderhoef, seconded by O'Donnell. Discussion?
This increases the number of carts, food carts, spender carts that will
be available for use. It will add two on the north side, the University
side of Iowa Avenue.
Right. Good deal.
Yeah.
Roll call. Motion carries.
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Council meeting of April 8, 2003.
Item 11 Page 38
ITEM 11.
Lehman:
O'Donnell:
Pfab:
Lehman:
Kanner:
Dilkes:
Kanner:
Dilkes:
Pfab:
O'Donnell:
Pfab:
CONSIDER AN ORDINANCE AMENDING TITLE 3,
ENTITLED "CITY FINANCES, TAXATION AND FEES",
CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES AND PENALITIES," TO ADD
CERTAIN SECTIONS TO SECTION 8, ENTITLED
"VIOLATION OF VARIOUS CODE SECTIONS" AND ADD A
NEW SECTION 9, ENTITLED "NON-MOTORIZED VEHICLE
VIOLATIONS," IN ORDER TO SET SPECIFIC FINES FOR
CERTAIN VIOLATIONS. (FIRST CONSIDERATION)
(Reads item).
Move first consideration.
Second.
Moved by O'Donnell, seconded by Pfab. Discussion?
Eleanor could you explain the necessity for this?
We have a number of city charges that are not reflected in the state
code and therefore no specific fine is set so the fine is between $50 and
$500. When there is not a specific fine set if a person does not appear
in court when they are supposed to a warrant must issue for their
arrest. If there is a specific fine set the fine can just be assessed.
Thank you. I guess it looks pretty good, but I did have some problems
with the low fines for what I thought are some major problems - fail to
yield to pedestrians in a crosswalk. We're going to be doing some
experiments on crosswalks and pedestrian savings.., safety and the fine
is $10. and I think we do have a problem with people not obeying the
traffic laws and I think this is an area we need to get tough to protect
the citizens especially in the downtown area and especially if we're
concerned about the safety of our young folks and the students. This is
one area I think we ought to put some teeth into it. And it should be
higher than $10.
The fines were recommended by the Police Department and the animal
control division for the animal infractions.
Is this something that we may want to take a look at?
I don't.
I mean not now, but I think we can always change it even if we vote it
this way. It's up to...instead of up to $10 it....by passing this does not
preclude changing those at some other time.
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Council meeting of April 8, 2003.
Item 11 Page 39
Dilkes:
Lehman:
Kanner:
Pfab:
Kanner:
Vanderhoef:
Kanner:
Vanderhoef:
Lehman:
Kanner:
Lehman:
Kanner:
Pfab:
Lehman:
No, it does not.
No, you can always change those.
Well I would feel more comfortable voting for this if we did agree to
have a work session on this. Maybe when we get the results of our
(can't hear) on the new crosswalk devices. The other one that I had
some problems with obey traffic laws is only a $10 fine. And so
we've heard from community members and there's problems with
drivers and I think this is one area where we can say we want a little
more teeth into the enforcement.
My point would be yes. I have no problem with looking at some of
those, but I don't think that at this point, in this ordinance here from
what we want to change I think that that would be better off another
time. I would have no trouble supporting taking another look at this,
but I don't think in this setting is what we want to do...at this point.
Is there a third person that would be interested in looking at this?
The only way that I would look at it is if we went ahead and did first
consideration and if you had more questions bring them to the next
work session which would be before our next meeting because it can
always be voted down or amended at second consideration. But I'd
like it to move forward at least first consideration.
I'm talking about a work session on this item.
That's what I'm talking about.
May I suggest that perhaps it would be...it might work better if we got
a list of the fines for various violations, have Council have an
opportunity to look them over and see if there are violations there that
we feel ought to be discussed and then at that time set it as a work
session item.
Then perhaps compare them to a few other places in the state...
We can do that.
...and maybe a few other cities across the country to see what
effect...what they're doing and if it's having an effect.
So just for point of clarification here we are agreeing to put this on a
work session.
No, we're agreeing to get a list of what we're charging for violations.
At that point we can put it on a work session, but right now we're
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Council meeting of April 8, 2003.
Item 11 Page 40
Pfab:
Kanner:
Lehman:
Dilkes:
Kanner:
Champion:
Kanner:
Champion:
Kanner:
Lehman:
Kanner:
Lehman:
Kanner:
Lehman:
O'Donnell:
Vanderhoef:
talking about this.
Alright we're going to explore.
And to look at a few other cities.
We can decide that when we get the list from Steven.
The list.., the ordinance contains the.., do you want something more
than the list of violations and the charges because that's in the
ordinance.
Yeah, but that's an issue I think we'll take up separately from this.
Well so I'm not following what we're doing.
We're going to vote.
If we're going to ask for a work session. If we're not going to ask
other cities, for a list of other cities and get a memo on that.
We haven't decided to have a work session.
Right. That's what I'm saying. There's nothing different that you're
offering Ernie and I'm saying...
Steven I'm suggesting that if we get a list of the fines for various
violations and as individuals we look at those and decide we don't
think they're appropriate we can schedule a work session to discuss
what those fines are. But that's a discussion that would occur after we
get those lists.
I would think it would help us to get a few other cities. I don't think it
would be that hard.
But I would think that we would do that at that time.
Why not get it now so we have that and the public can get back to us
so we have (can't hear) and just what's so hard to ask Staff to take an
hour or two to give us that information, so we have information.
Do we have three folks who want to put this on a work session at this
point in time?
No.
Only if we go forward with the first reading tonight.
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Council meeting of April 8, 2003.
Item 11 Page 41
Wilbum:
Lehman:
Kanner:
Pfab:
Pfab:
ranner~
O'Donnell:
Lehman:
Champion:
Lehman:
O'Donnell:
Lehman:
O'Donnell:
Lehman:
Okay roll...
I'm sorry.
Irvin there was one person if you're...
My point is ! think they're really unrelated and I'll be happy to support
it, but I believe this should go forward and it looks like there's enough
interest and I think we're just mixing matters here that don't work
together.
Are you or are you not in favor of a work session if we go forward?
I'm interested in a work session no matter what. But I don't think I'm
going to tie it to this, but I would support it, but not as part of this.
So Ernie I hear three people that have informally said...
I didn't hear three people.
Are there three people who would like to put this on a work session?
I would just like to vote.
I see...
Are you calling the question?
We have one person who says they want it on a work session. Is that
all I have?
That's it.
Okay. Roll call. Thank you. Motion carries, 6-1, Kanner voting in
the negative.
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Council meeting of April 8, 2003.
Item 12 Page 42
ITEM 12.
Dilkes:
Lehman:
Vanderhoef:
Lehman:
Champion:
Lehman:
Vanderhoef:
Lehman:
Champion:
Lehman:
Champion:
CONSIDER AN ORDINANCE AMENDING TITLE 4,
ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER 5,
ENTITLED "PROHIBITIONS AND RESTRICTIONS," OF THE
CITY CODE TO PROHIBIT PERSONS WHO ARE UNDER
THE LEGAL AGE FOR LAWFUL PURCHASE AND
POSSESSION OF ALCOHOLIC BEVERAGES FROM
ENTERING OR REMAINING IN ESTABLISHMENTS WITH
LIQUOR CONTROL LICENSES OR WINE OR BEER
PERMITS BETWEEN THE HOURS OF 9:00 PM AND
CLOSING. (FIRST CONSIDERATION)
(Reads item). Before we start the discussion there are folks here I
think the vast majority represent one side of the issue, but there are
people representing both sides of the issue. And I would like in as
much as we can to alternate until at least everyone has an opportunity
to speak. Now not everyone in this room is probably going to have an
opporttmity to speak tonight because it will be well in to tomorrow by
the time all of them get to speak. So anyway.
Let's get a motion on the floor before we take comments.
Do we have a motion?
I'll move.
Moved by Vanderhoef.
Second.
Seconded by Champion. Discussion? I'm sorry.
May I offer an amendment. Last night we talked about the hour to
make it enforced at night and we choose and on the resolution we have
9:00 1 would move that we change that to 10:00 p.m. closing.
We have a motion to amend it to change it from 9:00 to 10:00. Is there
a second?
Second.
We have a motion and a second. Discussion?
I think that's a very positive move Dee. I really have encourage us to
move that hour forward because I think kitchens are open past 9:00
and if you start getting there at 8:00 you couldn't even possible be out
of there by 9:00. I think it's unreasonable to expect people to be out of
there by 9:00. So I would certainly support your amendment.
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Council meeting of April 8, 2003.
Item 12 Page 43
Dilkes:
Lehman:
O'Donnell:
Lehman:
O'Donnell:
Lehman:
P fab:
Lehman:
Nate Green:
Okay. I'm going to tell you what I'm going to do. We're going to
vote on the amendment and then we're not going to do anymore
amendments. We're going to listen to the public. All in favor of the
amendment signify by saying aye. Opposed same sign.
Can we see hands please?
Yes. Show of hands in favor of the 10:00 amendment. I see one, two,
three, four, five. Opposed?
I'm going to support the 10:00. I'm not going to support the...
I know you're not.
Okay.
We have five. Irvin how are you voting?
No, not for the...
The motion carries 5-2, Lehman and Pfab voting in the negative.
Okay now discussion.
Hi. My name is Nate Green. I'm the University of Iowa Student Body
President. I reside at 702 North Dubuque Street. Before the revisions
the 21 ordinance prohibited persons under the age of 21 from entering
bowling alleys and pool halls serving after well now 10:00 p.m. These
are venues that many community members and especially students
frequent. To take these venues away is exactly why the 21 ordinance
is bad. The amendment hastily made to exclude these venues from the
ordinance at last night's work session demonstrates the irrational
nature of the 21 ordinance. Community members and students go to
clubs, bars, bowling alleys and pool halls to dance and hang out with
friends in a controlled and safe environment. Your proposed 21
ordinance will take these activities away from all minors not
accompanied by an adult after 10:00. And I think it is safe to say that
not too many minors bring their parents along with them to hang out.
Forcing Iowa City's young people to leave the controlled bar
atmosphere will only lead to more house parties. I just want to know
if the City Council is considered the ramifications for this. Have you
asked Iowa City residents how they feel about more parties in their
backyards? Have you asked Iowa City residents if they mind extreme
limits on late night dining? Have you asked them how they feel about
increased occurrences of drunk driving that will result from house
parties putting them and their children in danger? Have you
considered that rape and sexual assault cases will rise dramatically in
the uncontrolled and unmonitored environment at house parties?
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Council meeting of April 8, 2003.
Item 12 Page 44
Lehman:
Matt Blizek:
These are serious questions that your Council needs to answer before
voting again on the 21 ordinance. I think you owe that much to the
Iowa City residents. One of my good friends Eric Bagley is very
worried right now that he won't be able to continue to go to the
University of Iowa. He relies on a paycheck from a downtown
establishment that would most likely feel harsh economic effects from
this ordinance. His case is not unique. As you can see with ail the
people...or many of the people in here. These are people that...they
take their paychecks from downtown businesses also. And they're
jobs are going to be injeopardy if this ordinance is passed. The last
time I spoke to the Council Nick Herbold and I presented over 5,000
letters from the community opposed to the 21 ordinance. It took us
less than a week to collect these letters. If this ordinance passes
students will come out in mass to vote in the election in the fall.
Maybe the only issue out there that will mobilize students at the
University of Iowa. But I can guarantee you they will vote and
possibly solely on this issue. Four of you are up for reelection in the
fall. I would definitely consider this.
Thank you.
Hello. My name is Matt Blizek. I live at 628 North Linn. I've been
an Iowa City resident for about four years now. First off I'd like...I'm
a little disheartened to hear any other amendments. I've spoken with
you a few on this on the side tonight. When you're
basically...obviously it's been seen that students don't go just
downtown to drink. If people...students and younger people just want
to drink we could do that in our own home a lot more easily. We go
downtown to socialize, to see music venues, to go bowling, to go play
pool with our friends, things like that. If you're amending this to get
rid of bowling...to exempt bowling alleys or pool halls why not also
amend it to include music venues like the Green Room or Gabe's or
the Yacht Club that are not the target of this ordinance, but will suffer
the effects of it dramatically and basically make it so that no bands
will come to this Iowa City...it will decimate the Iowa City music
scene. I would definitely like to see the Council entertain an
amendment like that at one of the future meetings. Furthermore, in
general I oppose this ordinance. You've heard why. You're going to
hear why from I'm sure you know 50 some other students tonight. I
think there's a lot of options you haven't tried yet that you could. One
would at least be enforcing...strictly enforcing occupancy limits at
bars like Ames and other cities do. And also mandating wrist bands at
bars for people over 21. You haven't considered that yet. But my
main concern is what is driving this ordinance is not the safety and the
well being of Iowa City residents particularly the younger Iowa City
residents, but instead the interests of several downtown retail
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Council meeting of April 8, 2003.
Item 12 Page 45
establishments based with the interest of we want to remake our
downtown to what it used to be where it was a nice retail place and
wasn't such an entertainment based business climate. This concern is
definitely bolstered by the fact that one of the Directors of Stepping
Up and three of the City Council members own downtown retail
establishments which will in no doubt profit from this ordinance. That
is a concern to me. I saw Mrs. Vanderhoef you excluded yourself
from a vote on something that you had a conflict of interest in earlier
this evening. I'm wondering if the three of you who own downtown
businesses will be doing the same with voting on this tonight. Thank
you.
Lehman:
I really would appreciate it if you withhold the applause. I think we all
know what the gallery...how they feel, but it will make things move a
little more quickly. Okay. Thanks. Go ahead.
Brad DeLaberman: I would be willing to let somebody who's for this 21 rule go before
me because I'm against it. So just to open it up.
Peter Nathan:
I'm Peter Nathan. I live at 248 Black Springs Circle. I've lived there
for 12 years. I'm on the faculty of the College of Public Health and
the Department of Psychology. I've spoken to you previously about
binge drinking at the University of Iowa so my comments tonight will
be very brief. First let me remind you that the University of Iowa has
one of the highest binge drinking rates in the entire country due at least
in part to the fact that 18, 19 and 20-year-olds can enter Iowa City bars
and drink. Second, let me affirm that their binge drinking results in
terrible consequences for these young people. They get into fights,
they're subjected to sexual violence, their health is harmed, they put
their selves at risk for serious sexually transmitted diseases and in far
too many cases they fail out of the University because of the impact of
their drinking. Have no doubt if you adopt this motion you will be
changing the lives of many, many students for the better. In some
instances you will actually be saving their lives perhaps even the lives
of one or two of those here tonight. Finally, let me address the claim
that depriving underage students of the opportunity to drink in the bars
of Iowa City will simply drive them all to drink as much or more
elsewhere in private homes and apartments. That's not true. There are
voluminous data that strongly suggest that when you restrict access to
alcohol you reduce consumption. While there will be parties
elsewhere they won't begin to approximate the drinking done
downtown now at the bars. The net will be a substantial reduction in
drinking and its terrible consequences. I estimate that reduction to be
upwards of 25% to 30%. I'd be happy to respond to any questions.
Kanner:
Is that based on a scientific study 25- 30 percent?
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Council meeting of April 8, 2003.
Item 12 Page 46
Nathan:
Many. Probably 40 or 50. I'd be delighted to share them with you.
Access especially for kids this age...
Kanner:
A summary to the Council packet I'd appreciate that - a summary of
some of that research.
Nathan:
I'd be delighted to do it.
O'Donnell:
Peter I'm not talking about young people drinking in the bars. That's
against the law. This to me is about young people going in and
playing pool, dancing and socializing. We all support the law. We
just don't support how we're going about it.
Nathan: I understand.
O'Donnell:
Your comment that people are going in drinking that is against the law
and it's also against the law at a private party.
Nathan:
But ~fthey re not...tfk~ds under 2 are not permitted into the bars they
won't drink in the bars. As it is they're permitted into the bars.
They're not supposed .to drink and they drink.
O'Donnell:
And I'm not ready to assume that everybody under 21 is a problem
downtown.
Nathan:
I don't think they are.
O'Donnell:
And everyone over 21 is not a problem downtown.
Nathan:
I agree with that too.
O'Donnell:
And everyone under 21 does go into a bar to drink.
Nathan: Right.
O'Donnell: I disagree with that theory.
Nathan:
Thank you very much.
Lehman: Thank you.
Brad DeLaberman: I'm Brad DeLaberman. I live right outside of Iowa City. I come
to Iowa City. I work in Iowa City. I attend functions in Iowa City and
I have lots of friends in Iowa City. So that's why I'm here. Members
of the Iowa City City Council I have recently had a chance to view this
proposal for this banishment of anyone under the age of 21 from going
to the downtown clubs and establishments who serve alcohol after
what is now 10:00 p.m. This concerns me because it does nothing to
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of April 8, 2003.
Item 12 Page 47
me but demonstrate the constant method of dealing with situations as
they develop...the Council's method of dealing with situations as they
develop. By placing this under 21 bologna into effect you are
basically stating we are Iowa City, rather than try to enforce the laws
already in the books we're going to find new and bizarre ways of
avoiding having to deal with them. I read recently that the average age
of a shoplifter is somewhere between 12 and 16. This means that there
are some potentially some kids out there that are under the age of 16
who could break the no shoplifting rules that are in the books. Using
this mentality of this plan that you have I propose that we banish
anyone under the age of 16 from shopping in downtown Iowa City. In
fact I would go as far to say make it 18 just in case they haven't gotten
it out of their system yet. Ifa kid is going to shoplift, he's going to
shoplift. The difference is he's going to go shoplift somewhere else.
The same is true of people under the age of 21 who are drinking. If
they are going to go drink they are going to do it no matter what. The
difference is Iowa City...the Iowa City City Council is trying to find a
way to have a blind eye in this matter. What about believe it or not the
students under the age of 21 who go out only to go out. Did you know
that there's more than drinking that goes on in these bars. There's
salsa dancing, open mic nights, poetry slams, guest lectures, local
benefits and fund raisers, drag shows, dance contests, sports viewing,
volleyball tournaments, karaoke nights, comedians, live bands, CD
releases, even live television show tapings. You're saying that nobody
under the age of 21 deserves to be a part of these activities because all
some of you see in the bars is the drinking. I have several friends who
are under 21. I think a lot of people hang out with at least...that are
over 21 hang out with at least one or two people who are under 21. so
now I'm being told I can have these friends, but I can't go anyplace or
hang out with them because I'm not their dad, their legal guardian or
I'm married to them. I love my friends very much, but I can't afford
to adopt them just so we can hang out downtown. So what I'm saying
you're not going to only lose the under 21 we're going to lose the...the
potential of losing the over 21. There are frat houses and sororities.
They're not going to disclude members from going to social functions
just because they can't take them along because they're not
underage...because they're not 21. coworkers are not going to be
able...there are coworkers, people that work at MCI places like that
who work with kids who are under 21 and I've seen them out together
in a social function, you know, getting along as coworkers. They're
not going to be able to do this now if this takes effect. And I feel
really sorry for the 20-year-old couple who wants to go out dancing
and then all of a sudden the boyfriend tums 21 and they're going to
have to break up because it's not going to work. Have you ever been
to downtown Iowa City at night in July? The only difference between
now and Iowa City downtown in July is the tumbleweed that rolls
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Council meeting of April 8, 2003.
Item 12 Page 48
Lehman:
DeLaberman:
O'Dormell:
Mike Porter:
Lehman:
Porter:
through the downtown area. Now take this and multiply it by 365 and
I really think that if you pass this stuff that's what it's going to end up
looking like the entire year round. But don't forget if you remove the
people going downtown you also remove the people eating downtown.
I know plenty of places that I go to after the bars close and it's packed
because I'm getting something to eat and I think that they really do
benefit a lot from the people being downtown, getting hungry after
dancing and everything to have something to eat. So I would like to
say goodbye to Pizza on Dubuque, Mike's Supersubs, the Pita Pit,
Jimmy Johns, Taco Bell, Taste of China, Pancheros and all these
places that are packed from 1:00 to 2:00 a.m. because now they're
going to be closed by 10:00 p.m. and lose four hours of business pretty
much. And we also need to remember that we are Iowa City. We are
not...and we should be concerned with Iowa City. We are not Des
Moines, Chicago, Los Angeles or Siberia even though sometimes I
wonder about the Siberia part. I hope that some of you guys don't get
a memo that says that the Des Moines City Council has jumped off a
bridge because I really think that the trend that happens I really would
feel sorry for you guys.
You need to wind this up.
I know, but I'm doing it right now. I think that if you think this law
should pass then I think you should let the people vote on this law.
And I guarantee that it won't pass. I'll wager a year's salary that it
won't pass and if it passes I'll even volunteer to move out of town and
get out of everybody's hair. So I just want to say...I just want to say
that we've seen what happens when governrnents don't let the people
do what they want. Somebody moves in, helps the government get
taken out of there and then renames a few buildings and an airport. So
I'm American. I may not have the French on my side, but I know I
have over 4,000 college students that agree with me. That's it. I'm
Brad DeLaberman.
That's one of the most entertaining (can't hear) that I've ever had.
Hi. I'm Mike Porter. I live in Coralville, however I own two
businesses downtown Iowa City - The Summit and One-Eyed Jakes.
Did we need an anti...or a pro-21 in here?
Why don't you go ahead Mike and then we'll see if there's someone
who's pro will come up next.
· Alright. First of all I'd like to go on the record too of objecting to any
downtown business owners voting on this ordinance. First of all Dee
Vanderhoef is publicly stated in the paper that she didn't want my
business to open up next to hers. I feel that's a conflict of interest. I
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Council meeting of April 8, 2003.
Item 12 Page 49
Lehman:
Porter:
Dilkes:
Porter:
Champion:
Porter:
feel as though Connie Champion every time she cites that her window
has been broken and she dislikes the bars is also a conflict of interest.
Therefore I would like to be on record as stating that anybody that has
a downtown business not be able to vote on this. I noticed that you
added a "whereas" into your ordinance tonight. The one about the
number of charges for possession under the legal age. I know you
guys talked previously that you were going to see how these PULAs
were done. There's two things that you have never considered. You
always assume that we're either serving the underage people or that
their legal friends are buying for them. There's two major things that
happen. One people bring in fake ids and then they get in and then
they get cited for PULA. That is a major percentage of the 2200
people. The second major part of the PULAs are people that are
intoxicated or are in possession before they even walk in my doors. I
know the technique that the Police Department uses is "well I'm not in
possession" and the officer goes "really? Blow in here." Well I don't
know the law. Maybe having alcohol in your stomach you're in
possession. I don't know. But the point is that there's a major
percentage of these PULA's that aren't the result of us serving
anybody. The second thing on this ordinance I'll state real quick.
Underage drinking and a restaurant $100. Launching a comedy show
at the Summit $250. It doesn't seem equal to me.
I don't think that's right, Mike. I think the penalties are the same
whether it's a restaurant or a bar for breaking...
No, I said underage drinking at a restaurant is a $100.
I think he's talking about the difference between a possession of
alcohol charge...
And being my place watching a comedy show would be a $250 fine.
In other words watching my comedy show is going to be a worse
offense by two and a half times of some underage person actually
drinking a beer.
The state sets the limit on what we can charge for a PULA. That's part
of the problem. And I've always thought that if we had $250 fines for
PULA's we wouldn't be talking about a 21 law. So you're absolutely
right. It seems weird. I agree with you.
That might possibly be. There's one thing that I noted on your
proclamation tonight. The average age of somebody that starts
drinking is 13.1 years. And you're targeting the 19- and 20-year-olds.
That seems unjust. You did change...am I correct in assuming that the
10:00 is now official so I don't need to address that?
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Item 12 Page 50
Lehman:
Porter:
Lehman:
Porter:
Lehman:
Porter;
Yes.
Thank you for that by the way because that's really going to help my
restaurant. I have a question about what does accompanies by a
parent, guardian or spouse mean? I don't know what the definition of
accompanied is going to be here. When a parent or guardian chaperon
leaves my establishment how do we monitor every underage adult
leaving with their respective parents? The capacity of The Summit is
approximately 480 people. How do we enforce underage adults
leaving with their parents or guardians on a busy night? If there's 480
people in there how am I supposed to know if the parent leaves and the
person with them doesn't, etc? It's easy for us to monitor them when
they come in because they'll be with them. But once they're inside I
don't know how we're going to monitor them. And I guess most of all
how do we verify that they're actually a parent, guardian or spouse?
How do we know? I guess you could infringe on their personal
relationships or civil rights. You know you're going to offend them.
But there's no way if for us to know if they're actually parent or not
because you could have, you know, especially in a guardian or even as
a parent you don't necessarily have to have the last name. So I don't
understand how we can distinguish that. I guess the point I'm making
is that the ordinance is logically weak and very difficult for both law
enforcement agents and establishments to put into effect. There are
some consequences that will happen if we do pass this ordinance. I
believe they've already been hit on. Underage drinking is going to be
out of control. Officer Kelsey has been working on stings over the last
year and a half. When he started his stings there were some bars
downtown that were not in compliance and a fairly high percentage of
them. Over the last year and a half every time he's done these stings
he's gotten less and less and less people. That shows an effort on the
bars point to actually, you know, abide and do something to correct the
problem. As a matter of fact the last time they came downtown and
checked 29 places I believe it was zero failed. Zero. Of course then
they go out into the neighborhood bars and they're failing miserably,
but that's besides the point.
You need to wrap it up Mike.
Well my point here before I wrap it up you're trying to put two of my
businesses out of business. I think I deserve more than five minutes
here.
Well you can speak a second time, but we have a lot of folks who want
to speak and I'd really like to keep it to five or less and let as many
people speak as we can.
Well this ordinance targets two of my businesses. I feel as though I
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Council meeting of April 8, 2003.
Item 12 Page 51
Lehman:
Porter:
Lehman:
Vanderhoef:
Porter:
Karmer:
Porter:
Kanner:
Dilkes:
Porter:
Dilkes:
Kanner:
Porter:
Champion:
deserve more time than anybody else on this.
I would welcome you to speak a second time.
Okay. I'll come back up.
Thank you.
Mr. Porter I would like to just respond to your accusation that I was
quoted in the paper as saying I didn't want your business next door. If
I was quoted in the paper I didn't see it and I didn't say it. So if I need
an apology I give you an apology for what I don't think I ever said
because I don't feel that.
Thank you.
And Steve can we easily get the amount of people that were arrested
for PULA that also showed fake id to the police officers? Do we have
that easily available?
Fake ids and PULAs of people that aren't actually in possession except
before they came in. Do you see what I'm saying? As an officer will
see somebody sitting at a table and if the beer is there theirs or not they
make them blow into their breath analyzer. They arrest people for
PULAs of low point zero zero in this town.
I don't think it's typically for a fake id to be shown once somebody is
in the bar in possession of alcohol.
No, what I'm saying they use a fake id to get in.
Right. I'm agreeing with you. You're not going to see a lot of PULAs
and fake ids (can't hear) that go hand in hand.
That's what I assumed and so your figure I'm not sure where you get
that figure.
Well I think you were going to ask the Police Department to get
their...well maybe you can't get the percentage on it. I don't know.
But I'm just saying there's two major things that contribute to those
PULAs and those two major things are out of our control. We can't
control when they drink at home. We can't control when they use a
fake id.
You know since you responded Dee I mean I think it's important that
everybody here understand that some of us are downtown business
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Item 12 Page 52
owners. But if you look back on anything that I've ever said about
how downtown is in involved I have never said a negative word about
it. In fact I have thought that it was becoming a great entertainment
center for young people. I have never objected. I think it's a real asset
for the whole state. So I know you're angry at us because we're
thinking about passing this, but don't think it's because we're
downtown business people. I have always supported downtown's
evolution totally. And so I think we need to (can't hear).
Porter:
This doesn't seem like support.
Champion:
Well I don't support underage drinking in your bars. No I don't.
Porter:
Okay. Neither do I. Just so we're on the record as both of us saying
that.
Lehman: Okay.
Porter: Thanks.
Lehm an:
Thank you, Mike. Is there someone who would like to speak in favor
of the 217 Go ahead.
Michelle Christianson: I'm Michelle Christianson. This is my 6th year here as a student
at the University of Iowa. I'm now in the master's program here. So I
came as an undergraduate student and this is my first year in the
master's program. I wanted to start off saying Mr. O'Donnell I agree
with you that there are students that are underage that go just to enjoy
the bars. I was one of them.
O'Donnell: Thank you.
Christianson:
I went because that was where the dancing was. There's no place else
to go. Which leads into what I have written down. Almost three years
ago 500 signatures were collected for the attention to brought to the
need for alcohol alternatives. Despite efforts few alternative venues
have been able to survive. There are many students that enjoy these
venues, however, as a student you are thought of to be out of the loop
or lame for enjoying these venues. Therefore these students feel that
they cannot enjoy these alternatives. Is there still a need for alcohol
alternative venues downtown? Definitely. It has been shown that over
half of the residents in the University resident halls are home on
weekend nights. These are people who choose not to go to the bars
and most do not have means of transportation other than walking and
what is offered by the University such as Cambus. The means do not
offer adequate transportation to various establishments other than the
bars on weekends at night. Therefore it seems that changing the legal
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Item 12 Page 53
Lehman:
Charles Major:
Lehman:
Megan Maher:
age to limit the 21 to enter the bars is the viable option in helping
brining alternative venues to the downtown Iowa City area. I implore
the City Council to take into consideration for the majority of those
students who are silently looking for something else to do and not
getting wrapped up by the minority that are publicly and verbally
opposing this ordinance. Thank you.
Thank you.
My name is Charles Major and I live at 7 Bluestem Court in Iowa City
and I rise to oppose this ordinance. I think it's going to irreparably
damage the climate of Iowa City. It's going to hurt the music scene.
It's going to hurt the bars. It's not we haven't provided enough for the
students to do. I think we're going to take away a lot of things. I
don't think that at 10:00 they're going to go to Planet X or to the
bowling alley or to anything else. They're going to race to a
convenience store or a food store and buy beer and then go to another
place and drink it at a house party which is dangerous, very dangerous.
I think that's where we're going to have a lot of problems with that. I
think there's going to be a lot of problems driving at 10:00 to the
house parties. I think that we should come up with more alternatives
and I don't think this is the right thing to do. When I had...my sons
are 22 and 25 now. When my younger son was 20 1 used to have some
parties at my place and I would keep all the people from drinking and
keep a few...allow a few to drink that were 21. It was very hard for
me to do that, but I was able to swing it, but there's hardly any parents
that will come from out of town to do anything like that. And I don't
think it's going to happen in Iowa City. I doubt that there's going to
be very many parents at these parties that are outside the bars. I have
one more thing. I think the bars watch things closely. When I go to a
bar now and 1 53 I'm carded and I'm banded routinely and that's just
the way it is. And I think that everybody is treated that way. I don't
think there's anything different. I can walk into any casino in the state
and not even be stopped, but I think in Iowa City the regulations are
working fine and I don't think they need to be changed. Thank you.
Thank you Charlie.
My name is Megan Maher. I live at 629 East Jefferson Street. I've
been following this issue, this ordinance closely in the newspapers and
it's my understanding that the purpose of this ordinance is to prevent
underage drinking and the problems associated such as vandalism.
And in the paper I've read about a lot of concern of house owners and
residents who are bothered by people who are drinking underage and
who are vandalizing and I think that's an extremely important concern
and that definitely needs to be addressed. But one thing that I don't
think is often addressed in this debate is will this ordinance accomplish
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Item 12 Page 54
that goal. Is it realistic to assume that a 19- or 20-year-old who drinks
will stop drinking just because they're no longer allowed to go into the
bars that they weren't legally allowed to purchase alcohol in anyway.
I just think that it really needs to be considered whether or not this will
accomplish its goal especially when there are so many detrimental
effects that the ordinance could have that people have discussed such
as social opportunities and it will hurt downtown businesses. That's
all. Thank you.
Lehman: Thank you.
Mike Cremer:
My name is Mike Cremer. I live at 643 South Lucas. I have lived
here in Iowa City for the last four years.
(End of Tape #03-30, Beginning of Tape 03-31)
Cremer:
...this job over the last four years financially this would have been
very difficult for me to do. I could have never made the kind of
money that I have in the last four years and I would not have been able
to attend school full-time ifI would have had any other job in Iowa
City. I have paid my way through school because I've worked in a
downtown bar. My working downtown has also caused me to spend
much of my money back in downtown. I bank, buy textbooks, I even
go out to eat every night when I work at local restaurants. I even buy
my clothes at the local stores. I have met many different types of
people at my time working downtown and have been able to interact
socially with these people. I have been in a safe and supervised
environment and never felt that risk at any time. I've seen a variety of
shows and many other events that have provided me with a great
experience. The 21 ordinance is threatening all of this. Downtown
goes 21 students will lose their jobs. I know for a fact if it does go 21
thirty students at the Union will be jobless. This also will kill income
that will also be put back into downtown from these students.
Students will be forced to work at other jobs for less money and this
may interfere with their school activities. My job at the Union has
never once been in conflict with my school. Also students will move
elsewhere to go have a good time. These unsupervised and un-
patrolled parties will be a threat to student safety along with a
headache to local property owners and landlords. I urge the City
Council to consider the impact the 21 ordinance will have on the
students in Iowa City. There are thousands of students past and
present that have shared the same experience I have, many are in
attendance tonight. The 21 ordinance will have a ripple effect in the
City causing more damage than good. As Council members it is your
duty to protect the constituents that have put you where you are sitting
tonight. This includes myself, people around me, and the thousands of
other students residing in Iowa City. Thank you.
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Item 12 Page 55
Lehman:
Scott Kuhlarm:
Thank you.
Hi. My name is Scott Kuhlann. I'm a 22-year-old senior at the
University of Iowa. I'm also a full-time manager at One-Eyed Jakes
and I live at 420 North Clinton. Alright. As a manager at Jakes I work
like 40 plus hours a week plus take on 15 hours of schoolwork and I
also have a double major in accounting and finance so it keeps me
pretty busy. The best thing about the job is it gives me lots of
flexibility. It also gives me great job experience that a lot of recruiters
look for. And the best part about it is I make lots of money. I'm not
going to lie - that's why I like it. Okay and what that does is help me
pay for school and rent. And like in this tough economic times it's
glad to see that at least some places are doing well downtown and I
don't want to see you guys take that away from us because it helped
my parents out a lot when I've made like tuition payments and rent
payments. And I think that...obviously there's enough people here
worried about their jobs that they don't want you guys to take that
away from them because I'm also involved in the financial side of
Jake's and I know that a lot of our revenue comes from entry fees into
the bars and few who are under the age of 21 have to pay more to get
in because they can't buy drinks. So that's going to severely limit the
amount of money that we can make and it's going to put hundreds of
people out of jobs. These are your tax paying constituents too. Also I
guess besides like individual jobs business as a whole downtown with
the lack of like demand it's like simple economic theory that the rents
are going to drive which are going to drive the property value down
and you guys are going to lose valuable property taxes. There's no
grocery store or little convenience store that's going to pay the rent
that One-Eyed Jakes, The Summit, Malone's pay right now. How
much more business are we going to lose to Coralville over something
like this? Do you guys have like plans in place for the loss of
revenue? Can you guys explain that to the other constituents? It will
also limit 19- and 20-year-olds from going and experiences normal
college things: bands, drag shows, comedy, dancing. You can't go to
any good restaurants after 10:00. Well I guess it was 9:00, but I like
the 10:00 a little better. The limits Malone's, Summit, Pizza Palace,
Brothers, Alice, Sports Column, Mondo's. That's just to name a few
of our downtown people. Like once again people are just going to go
down to the Coralville strip because nobody can park downtown and if
there's no restaurants downtown left there's not going to be much left
to do. I can speak for this because I'm a manager and a lot of my staff
is here right now actually. We train our people hard. Your Iowa City
Police Department trains their people hard. We put all our people
through TIPS training which is nationally recognized for like the
responsible liquor vending. So I've never seen...I've seen my door
guys take away ids. I've seen my bartenders deny drinks. I've kicked
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Council meeting of April 8, 2003.
Item 12 Page 56
Lehman:
Lindsay Schutte:
L ehm an:
Schutte:
people out that were too drunk. I've never an id check at a house
party. I've never seen anybody kicked out for being too drank and
I've never seen anybody cut off or like even look at an id at a house
party. I just wanted to like let you guys know that students are
taxpaying citizens of this City. We voted in record numbers last time
and I'm sure that it will happen again. I urge you guys not to pass this
because it could leave a lot of us looking for jobs and it will lose a lot
of tax revenue for the City. Thanks.
Thank you Scott.
Excuse me.
Go ahead. As soon as you're through if there is someone else who
would like to speak in favor of this. We got...I think we're going to
take a break at 10:00. So we're going to do another 20 or 30 minutes.
Go ahead.
My name is Lindsay Schutte. I'm a sophomore here at the University
of Iowa and a voting member of Johnson County. I reside at 328
North Clinton Street. I'll make it brief because I know you guys don't
want to be here all night. Neither do any of us I'm sure. We have
homework. When looking at this issue I see two very deep issues.
One there's a drinking culture in Iowa City, not only in Iowa City, in
all college towns and in our age bracket. And two I see many people
saying that they are concerned with Iowa City downtown area being
saturated with bars and there's not an ability for other businesses to
come in and take seed and make money. To address the drinking
culture a 21 bar ordinance isn't going to work. It's just not going to.
You can't tell a 20-year-old who is going to turn 21 in a month "well
sorry this isn't going to work go someplace else because you don't
want to drink and all of your friends do" as has been stated earlier. It's
not going to work. To address a big cultural issue you need to do
something that's creative. You have to do something that's
innovative. You have to come up with solutions that other places
haven't come up with because there's a lot of other places - Ames,
Des Moines, Cedar Rapids, anywhere - and they still have the same
problems. Iowa City is known for the progressive nature of this city.
It has been for a really long time. And it saddens me to think that
we're going to go and pass the same ordinance that so many other
people have passed because it's not going to work. It hasn't worked.
And I'd really like to see the City Council come up with something
that will work, something that is going to combat underage binge
drinking which is a problem which I'm not going to deny. But it's not
a problem because bars don't do their job. It's a problem across the
culture. Second of all there has been a lot of talk about bars
overtaking the downtown area and I've talked to business leaders. I've
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Council meeting of April 8, 2003.
Item 12 Page 57
Lehman:
David Moore:
Lehman:
Moore:
Kanner:
Moore:
talked to people who are ex-members of the Chamber of Commerce
here in Iowa City. And the major problem they seem to have is that
Iowa City residents cannot afford to pay the prices of downtown
businesses because rent is too high in downtown business
establishments. It costs too much money to heat and cool the old
buildings. There's many things that they can't afford so they can't
keep a business open. No one can afford to pay the prices. Why
doesn't the City Council and the Chamber of Commerce and business
leaders work together to try to find some stipends to pay these people
to encourage them to move downtown. Why don't you try to lower
taxes, lower property taxes. Do the things that you have the power to
do and not make your entire constituency enflamed. That's not what
leadership is all about. Finally it's just like I said before it's not going
to work. I'm not going to go into all the other things that everyone has
said about the dangers of house parties and the annoyances of house
parties and driving people from the out of town areas. But to address a
problem this big you have to be creative and I challenge all of you to
do that as the people that we have elected. Thanks.
Thank you.
Okay. I'm not going to bore anyone here with my position on this.
I'm sure I've been up here enough times and everyone has read my
editorials in the paper I'm sure. I'm mainly here tonight to talk about
the mechanics of the law. The memorandum that I have dated April
2nd.
Just state your name for those folks who don't know it.
David Moore, lifelong resident of Iowa City, 39-years-old, local
business owner, past student, University of Iowa.
And an environmentalist.
Yes an environmentalist. I want to look at page one of the City
memorandum under General Framework. It talks about the person
under the legal age is accompanied by a parent, guardian or spouse
who is legal age I'll agree with Mike Porter on that one. How do we
tell who a parent, guardian or spouse is you know with divorced
parents have different names, you've got kids who might decide to
change their name who knows. We need to look at that and get some
more details. On the next page on number three posted notices it says
we need to post notices at all entrances. The City will provide those.
What about the exits? What's going to stop kids from coming in the
out door which happens a lot at downtown bars and at the surrounding
bars. I mean people with beer gardens like we have at Mclnnemey's
and Ernie's somebody may just open that fence up because the Fire
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Council meeting of April 8, 2003.
Item 12 Page 58
Lehman:
George Etre:
Department requires us to keep it unlocked. So do we need to have
signs at all exits, all entrances. Under penalties again it's a $100 fine
for a kid...not a kid, a young adult who are we kidding ourself they're
18-, 19-, 20-year-old young olds - $100 fine for these guys if they're
caught. And what do I get as a business owner if they're caught in my
establishment a $250 fine that may go progressively to $500 or higher.
That's not fair. You talk in here about not wanting to do anything
against employees and agents. On page three it says establishment
will face civil penalties either by municipal infraction or more likely
through enforcement action by the Alcoholic Beverage Division. Do
we really want to get the ABD involved here? I mean this is a local
problem. Are we going to mn to the Alcoholic Beverage Division
every time there's a PAULA in a bar in Iowa City. I mean I'm sure
they're overworked enough with real issues and real problems in the
state. Further down the page under questions for Council you talk
about the account...the certified public accountant statements. There's
really not any different than affidavit. The numbers that I give my
accountant are the numbers I give him. You know I could tell him that
I'm 51% food or 49% food. It doesn't matter. I think that's totally...I
mean you don't have to worry about that. The penalties again you talk
about established an underage person. Staff recommends a $50 fine.
Well earlier I heard someone say that the $100 fine wasn't a deterrent.
Why do you think a $250 fine will be? Why not make it $500? Why
not $1,0007 And why you're at it why not make the drinking age 25 to
be in Iowa City? I think you guys have the power to do that. You
could raise it from basically 0. There's nothing in Iowa State law
books in anything I've read that says you can't be in a bar. It's up to
local jurisdictions. Okay you can be a baby in a bar. You can be a 10-
year-old. You can be a 17-year-old. it's up to you guys to decide the
age and I think the problem here is there are a lot of people who have
friends that are 19 and 20 that want to go out and dance, that want to
play pool, that want to go see bands. And I think there's plenty of
people here that will talk for that. There's a lot of young people here
that want to be entertained. I know I did when I was their age so I'm
not going to bore you with that either. But I'd just like you guys to
think about what's going to happen to the businesses in Coralville and
North Liberty and the surrounding communities if Iowa City does go
with this harsh 21 law. Thank you.
Thank you Dave.
My name is George Etre. I'll make this really short because I know
there's a lot of people that want to talk. I own two businesses
downtown. I own Etc. and I own a place called the Fit Zone, it's a
gym. So I might be able to give you a little bit different twist because
I see both sides of it. The gym is open late, really late - it's open till
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Item 12 Page 59
Lehman:
Daryl Woodson:
midnight during the week - so a lot of students come in and work out.
And if you work out till midnight you're probably not going to go out
because you have to go home and shower and do what not. So the
biggest issue that I think people are neglecting is the safety issue. If
you pass this law it's going to push all the parties to house parties and
I don't think any of us understand what's going to happen. I can give
you a perfect example. On Saturday night we had a gentleman who lit
off a whole bunch of fireworks in the bar and it took me 90 seconds to
find a cop - 90 seconds. I walked out...I honestly looked at my watch
because I didn't know if it was bar closed or whatever...it took me 90
seconds to go out and get a cop and get things under control. If you
had a house party and something happens or if you have a house party
and there's a fight and there's a lot of underage people there. No one's
going to call the cops. No one's going to want the cops to come in.
No one's going to let their friends call the cops. If someone's sick no
one's going to call an ambulance. No one wants to be the one who
ruins the whole party. So I think that...I think the police have done a
wonderful job downtown. We got stung our first night that...the first
night I ever owned the bar we got caught serving a minor or one of my
employees did. Ever since there we've been talking to Officer Kelsey.
We got all our employees TiP certified. I think the Iowa City Police
Department has done a wonderful job. Being a presence downtown
sometimes I think they're a little too aggressive, but I think their
presence downtown is irreplaceable. And I think if you push these
kids or if you push these adults or whatever you want to call them
further away you're just going to...it's going to be too unsafe an
environment. So that's about it.
Thank you George.
Daryl...excuse me, Daryl Woodson at the Sanctuary. I'm just going to
do a couple of things. One is that there's been a lot of discussion
about alternative entertainment and that things will magically crop up
downtown for alternative entertainment when bars close. My question
is where is the University on this? There is no regular live
entertainment. No regular dancing provided at the student union. As a
matter of fact the gathering spot at the student union - the Wheel
Room is closed on Friday and Saturday nights. You couldn't even
go play pool and have a cup of coffee if you wanted to. Now Stepping
Up has burned through roughly a million dollars in five or six years.
$50,000 from other funds to Planet X. That money could have
provided alternative entertainment for students. You could look at the
model that other campuses use where there's a great number of free
events for students in the student union. Here the University has
provided absolutely nothing. All they want is regulation. That really
bothers me. They should be providing that. They're taking student
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Item 12 Page 60
Kanner:
Woodson:
Karmer:
Woodson:
fees to support the union. They should be providing it. The other
thing that bothers me about this is we keep...the ordinance dijour.
What's going to be next year. Champagne, Illinois is a wonderful
model. I spoke for I guess about an hour and a half with a city
councilor who is on the Champagne liquor advisory commission.
Now this is an official city commission much like a P&Z. They've
had problems over the years like any college town. They know it's an
ongoing thing. They know that's it's not going to be solved by one
ordinance or one council or ten years from now. They established a
commission to deal with this. To look at problems as they come up so
that it doesn't have to take up a huge amount of council time. The
commission has representatives from on and off premise retailers,
university...I believe it's the university vice-president for student
services or whatever, police department official and a city councilor.
And the councilor I spoke to when she got on this commission she was
in favor of raising the entrance age to 21. The commission suggested
increased enforcement. They worked with the bars, the on and off
premise licenses both. And now she is of the opinion that 19 works
quite well. The only thing she'd like to see down there which they're
looking into now is a way to not have 19- and 20-year-old employees
who are carding and serving students. And your ordinance does
nothing to address that. You could have an 18-year-old working the
door carding people to come in which seems a little bit odd. There's a
lotofotherthingsthatyou'veallheardbefore. It's a bad ordinance. I
think you need to take a more ofa wholeist approach to this. I really
encourage forming some sort of commission like that, an official
commission, that can deal with this problem not just for this Council,
but the next Council and look at all the ordinances that impact this and
what might be done in the future and work with the retailers and with
the students rather than in an adversarily situation which is what we've
had. But right now what we can do is we can just increase the
enforcement. The Mayor has said there's only a few places that are
causing the problems. Why pass a new ordinance that will affect
everybody -just increase the enforcement and continue the
enforcement on the places that are causing the problems. Officer
Kelsey even said that it's working.
Woody just to clarify you said Champaign never went to 21.
No. No they are 19.
They just went to 19.
Yeah. I don't know whether they were at 19 or not. Now admittedly
in Illinois they do have a lot more options than you have because there
are municipal and county options for changing liquor laws and for
doing different classesoflicenses. But it's still the same thing. She
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Item 12 Page 61
O'Donnell:
Lehman:
Brandon Ross:
Lehman:
Ross:
Lehman:
O'Donnell:
Ross:
Champion:
Ross:
Wilbum:
Ross:
Wilbum:
Ross:
said before the commission was formed the council realized they
didn't understand the problems of the licensees. They didn't
understand the problems of the students. And those things change
over the years too. And it's been a cooperative thing. And when an
ordinance then goes up to council it has the support of the commission
which often means it has the support of the licensees and students and
the university. And it would save you guys a lot of time.
Thank you.
Thank you Daryl.
Hi. My name is Brandon Ross and I live in Iowa City at 1822
Rochester Avenue. I am a musician in town as well as a business
owner and have lived in town more or less since 1988. I would begin
by just asked the Council perhaps I could start with the Mayor since
you're the opinion here what was the drinking age when you were a
teenager.
I suspect it was 21.
Was it 217
I don't know.
That was back in 1910.
Was it 19107 I didn't want to say...well there a drinking ordinance in
the place where you grew up or went to school. I went to school at the
University of Iowa and I'm sure there were laws. There always have
been laws in Iowa to govern the drinking age.
You couldn't even get a drink in Iowa City.
Councilman Wilbum?
When I came to town here you couldn't get into the bars when you
were 18 and 19 1 believe.
Careful now.
That was around the time when the drinking age changed. And it was
well known - I won't name the bar - but it was well known if you
were a University of Iowa athlete or an attractive female you could get
into one particular bar. And some of you probably know which bar
that is. That was the way it was when I came to town.
Councilman O'Donnell?
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O'Donnell:
Ross:
O'Donnell:
Kanner:
Ross:
O'Dormell:
Champion:
Ross:
Kanner:
ROSS:
Well I went out to Colorado and it was 18.
Okay.
Councilman Kanner?
What's the question there Mr. Ross?
What was the drinking age when you were a teenager? When you
were of age what was the drinking age?
In Ohio where I grew up across the Mississippi over there in the east.
Thank you for that clarification.
I didn't realize he'd grown up.
My point being without extending it too much.
I'll answer your question before going on there were a variety of ages.
There was a thing called 3.2 beer that you could drink if you were at
18 or under that if you were 18. And then when you were 21 you
could drink supposedly full alcohol.
Well the point being is that...well you know I come from a place
where when I was 18 1 could drink. I didn't go off the loose end. I
also didn't end up in Council with you. You know I think that we're
asking people in this society if we have neighbors who are off in Iraq
right now 18, 19, 20. It seems to be the wrong way to govern your
population just to keep making ordinances. I think that we can do well
as a city by just improving the city, just by making things good for
people here. Things that have to do with walkability, making
transportation easy, treating people like human beings, showing people
that we are proud of the City, having a police force that's not only
available but also personable, having laws that allow the forces for
instance of the police force to be looked at like human beings and not
just look like people who are just out to get you because the laws are
so many and so striated that it makes them look bad. I come from
Boston. I said I'm a musician. I spend a lot of times in bars because I
work there. ! know that most of the people that go to bars, they go to
bars because they want to see entertainment. Unfortunately you can't
get much in the way of music without having drinking available. It
doesn't mean that people are all going to turn into dissolutes. And I
think, you know, that's a good point. These are adults here. All these
people here - they're adults. They could be called up to fight for our
country. Yet a simple thing like being able to go into a local
establishment and to be able to partake as adults I think is
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Item 12 Page 63
Lehman:
Brian Staci:
O'Donnell:
Lehman:
O'Donnell:
Woodson:
unreasonable. It's been proven in studies that when you give your
children responsibility they grow up. And from my point of view I
think this is not the right way. I think this needs a lot more
consideration before you make this kind of decision. Thank you.
Thank you Brandon.
My name is Brian Staci, 321 South Linn Street. I'll keep this short and
sweet. I'm not going to regurgitate anything that we've already heard
tonight. I'm a little bit unique in the fact that I'm over 21 and also
don't work in a bar so a little different perspective here. I just want to
mention one thing. In Champaign they did pass a 21 ordinance and
those city council members that did pass it were not reelected. You
guys have a reelection in November - Steven, Ross, Dee and Irvin. I
can guarantee if you guys do pass this and you do vote for this I will
make it my personal agenda that you do not get reelected. We've been
trying to work with you guys and I'm tired of it to tell you the truth.
So if you guys do vote - the four of you do vote for this - you guys
will not be reelected. Thank you.
Take a break.
Alright we're going to take a break for about 10 minutes.
Have you been up before?
Yeah I have many years. Daryl Woodson. I'd just like to qualify.
The information that I got about Champaign came from Cher Hampel
or Hample who's on the city council on the liquor commission and she
said it was still 19. So that could have changed in the last month or it
could have been incorrect information. I really don't know, but that's
where I go that information from so. The other gentleman....oh then it
went back. Oh, okay. Alright. I just wanted to clarify that. Another
point...two other little quick points I wanted to make. One about the
music. Last Wednesday we had a world class jazz drummer at the
Sanctuary. He's been there several times. About a third of the people
there were under 21 paying a higher cover charge. I mean that was a
significant portion of the income for the band. We've had in the past
at times some folks from West High who came - they're wonderful
jazz program over there. And that will be eliminated. We simply
won't be able to afford to bring in some of those people from out of
town. And one other point that I did notice on my notes that hasn't
been mentioned Dr. Wesler from the Harvard School of Public Health
has done most of the studies on this that Stepping Up and the other
groups refer to. His recent studies show nationally a decline in student
drinking. And increase in the number of students who self-identify as
abstainers, an increase in the number of students...or a decrease in the
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Item 12 Page 64
number of students who say they drink moderately, meaning that they
are drinking less than they used to. The binge drinking stays about the
same no matter what across the country, no matter what the laws are,
municipalities according to his surveys. Thank you.
O'Donnell:
Thank you. Is that it?
Lehman:
Council discussion.
O'Donnell:
Wait. Do you want to speak?
Megan O'Malley:
Lehman:
Yes.
Yeah. Listen we'll take a couple more and then we really need to
move along. But come on.
O'Malley:
Okay. I apologize first for not having a platform or anything. I
actually was watching you guys on T.V. and I just have one thing to
say and I kind of want to get it across. First of all I come in great
hesitation because I am a high school substitute teacher here in Iowa
City so I don't want to say anything for or against or anything but I do
have a big concern as far as a standpoint from a teacher who cares
deeply about high school students and that's why I walked over here
tonight to say this. Right now with all the action that's going on in the
bars I think it's very difficult for a high school student to get into the
bars, to partake in these activities because number one they look very
young. Even though they think they don't, they look very young. But
also the people in the jobs have been doing a good job to regulate this.
My biggest worry and that's kind of my plea tonight for people
to...high school parents, educators and us as a community really think
about before we do anything is what is this going to do to our high
school students at City High and West High. Right now it's an
environment where they are being regulated by police. There's true
consequences and probably they won't even do it because there are
consequences there, but what I really worry about is the house parties
that...maybe they won't happen, but I'm guessing that they might and
as a...just I care deeply for those children or those high school
students and I don't want them being exposed to what's going on in
those house parties whether it be alcohol, drugs, anything that I don't
think the high school students in our community are ready yet and old
enough to deal with.
Lehman: Thank you.
Karr~
Mam, could I have your name for the record?
O'Malley:
Sure it's Megan O'Malley and I hope I don't lose my job. Thank you.
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Item 12 Page 65
Mark McCallum:
Meryl Zwegman:
Champion:
Zwegman:
I'm Mark McCallum. My older brother is a police officer with the
Cedar Falls department and I remember talking to him once and he
always said if they're not in the bars they're going to be in the cars.
And if I'm not that old that I can't remember that's what I used to do
when I was that age when I couldn't get into the bars and we were
drinking usually heavy alcohol in cars driving around in a little VW
bug on sidewalks and all over places in Waterloo. And likely they're
going to be in the cars on the way to Coralville to go drinking there.
And I think you should just reconsider this. I don't think it's good
policy. That's all.
Hi. My name is Meryl Zwegman. I live at 808 Benton Drive,
apartment number 13 here in Iowa City. I was just recently elected
and inaugurated as vice-president of the student body. I'm here
tonight to kind of stick up for the students because there's been a
couple students tonight saying that students oppose this with a
majority and that our campus does not offer any alcohol alternatives.
Well we do offer alcohol alternatives. The problem is we don't have
enough money to offer enough of them. Now Lindsey Shutte said that
you know it is a culture for young people to want to go out and
socialize. We offer all kinds of alcohol alternatives where you can go
and socialize. We've got the Bijou film. We've got Scope. We've
got lecture series. There's all kinds of stuff going on Friday and
Saturday nights. But the problem is that we want to hang out with our
friends. We want to go where it's open. It's not open on campus.
Maybe the problem is with the Stepping Up committee. There are
several members of the community who are on the Stepping Up
committee who are not focusing on what the real issue is here. The
issue is, you know, there are some underage people getting into the
bars. So why are we, you know, addressing this issue of giving them
something to do rather than, you know, forcing them to go to Planet X
because it's not working. How many of you guys hang out at Planet X
at 10:00 at night? It's not cool.
I've never been there.
I mean I love ski ball and all, but you know not that much that I want
to go there at 10:00 at night. I think if, you know, the City Council
were to work with the University more, work with the students more I
know that two Councilors have been working really hard with the
students a lot. I'd like to see all of you working with the students
though. And my question to you is...I know you have a skate park
that is supposed to be a kind of an alternative for you know
skateboarders to use rather than skateboarding downtown, but what
other things have you guys down to offer alcohol alternatives because
I can't go and use the skate park at, you know, 10:00 at night once I
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Item 12 Page 66
O'Donnell:
Zwegman:
O'Donnell:
Lehman:
Kelsey Forbush:
Lehman:
Forbush:
Lehman:
Forbush:
Lehman:
O'Donnell:
Champion:
O'Donnell:
can't get into the bars? So what are you guys going to offer for us to
do once you pass this ordinance because I want something to do at
night? I like to stay up until 4:00 in the morning what can I do?
That's a good question to be asking the University too.
I will take care of the University. You guys take care of the City how
about that?
Thank you. Maybe we can both do that.
Okay. Council...I'm going to do one more and then the Council is
going to have discussion. Go right ahead.
Thanks for letting me say something. It took me kind of awhile
because I'm kind of nervous to talk in front of a bunch of people.
Don't be nervous.
Okay.
We're pretty ordinary.
My name is Kelsey Forbush. I live at 407 North Dubuque. I recently
got accepted into a Ph.D. program in clinical psych, bfit I've done all
my undergraduate work here. And I just kind of wanted to reiterate
what Dr. Peter Nathan said. I'm not sure if people are aware, but he's
internationally known on his work on binge drinking in college
populations. His research is backed by a large body of literature that
supports the opinion that when you reduce the access, you reduce the
consumption. And I also wanted to say that it's a health issue. People
die from alcohol. People's lives are affected by alcohol. I had my
apartment broken into this year by somebody who was under the
influence. And I think that hearing from professors who have done
research and that care about this as a health issue and students who
care about this as a health issue also is a nice perspective to have even
though, you know, there's been points made that were very good by
the establishment owners.
Thank you. Okay Council.
Well I have a start. How many people know who Jessica Lynch is?
We all do.
Do you know that if she comes to Iowa City she can't go in and finish
a pizza if it's after 10:00 unless she's with her father. She spent time
in Iraq which is...well that's enough of that. I guess today the most
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Item 12 Page 67
Champion:
effective thing I heard was how do you prove a parent, how do you
prove guardianship. I think we need to work on that in this ordinance.
I really think today that if you treat a young adult like an adult they'll
respond. I have a feeling I'm going to be in the minority tonight, but
you know that troubles me a great deal. We live in a college town
with young ideas. There are really no other alternative sources where
a kid can go out and have fun. We recently had trouble at Hancher
auditorium and I commend those young reporters. I think that was
very creative. It was also very brave. I don't favor this. I'm not ready
to give up on the youth of today. I think you've had a fair warning
now. I think we will affect jobs as well as businesses so I will not
support this.
Well I have supported the 21. As of tonight I still support it. I think
we have a problem with underage drinking in Iowa City. I don't think
every underage drinker is a student. We also have a tremendous
amount of young people coming into this community on weekends
because they can get into the bars. We have a lot of kids coming from
Ames, Cedar Rapids. They're getting into cars and nobody seems to
question that. They're coming all the way down here because they can
get into the bars. And I'm sorry, but once you can get into...not all
bars, but I'm just going to say this...people get into bars, they get
alcohol. And they frequently drink too much and it has become a real
problem. It's become a health problem. It's become a problem for
student...it's become a study problem. It's not just a Saturday night
problem anymore. It's Thursday night, Friday night, Saturday night
and many nights during the week. It's affecting the quality of life for
young people in this community. We have been trying to deal with
this for five years, maybe almost six years now. When I first got into
the Council we had several meetings with bar owners on how to help
us address this problem. You know what we can't get them to come
together as a group and propose a solution. I have said publicly in all
radio, T.V. interviews - and believe me I've been interviewed a lot -
that I would listen to a proposal from the bar owners. Instead of going
down to the lawyers at Anheiser Bush if they would come to the City
Council with what they could do as a group to curb this problem of
underage and binge drinking that we have in this country right now. It
isn't just here. It's all over the country and I agree that it's just not
here. It has not been proven that house parties increase significantly
when towns go to 21. Being under 21 is not the norm. And thankfully
the town isn't the norm. I think it's a healthy thing to do. That doesn't
mean that I wouldn't listen to other alternatives even at this point. But
if we got to do something to undo this problem. And I was noticing
the difference in male per females that are here tonight to speak to this
issue. And when somebody asked about what age the drinking age
when you grew up well I was a student in Chicago and I think it's
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Item 12 Page 68
Pfab:
Lehman:
Vanderhoef:
ironic that girls could be 18 and boys could be 21 so maybe Mayor
Daley knew what he was talking about. But it is a problem and we
have to find solutions that make Iowa City not only a fun place to be
and a nice place to be, but a safe place to be. And also a place where
you come to school to learn. Do not come here to drink. And I think
it has become a problem. And I have eight kids. I adore kids. And
I'm not blaming any individuals for what's happened here. And most
kids are not causing the problem. Most bars are not causing the
problem. But maybe it's the culture. But it is a problem. I'm going to
support this 21 until somebody can come to me with something better.
I'm going to wait on this thing.
Okay. Dee?
Well first of all I commend all of you for being here tonight and for
your thoughtful letters, comments, e-mails and so forth. Some I agree
with, some I don't agree with. I certainly can sit up here and spout all
the reasons you folks have put out and the concern for house parties
and driving and safety in a house party. And I have to weigh between
that and the culture of the downtown bars or a few of them as Connie
has alluded to because I think we all can point to a handful of bars that
are the problem. And you've heard me say many times how much I
like to dance and I think it's a healthy, healthy activity for young
people to do this. Some of my fond memories are dances at the Union
and the ballroom and they had live entertainment there which was
different than what you have sometimes now for dances at the Union.
However, I'm going to support this ordinance. It doesn't mean that I
might not change my mind at a later time, but at this time I think it's
the best thing for Iowa City and for the students. I agree with Connie
that if we could have a better unity with our bars and more responsible
bar owners in some of the cases. I also agree with the idea the Student
Senate has been working on doing more activities for the college
students. That still doesn't address a lot of the other people that are
downtown. And I want to make it clear that this is not just a student
problem. This is certainly a culture problem that we do draw a lot of
people here because they're allowing in the bars and they aren't in
Cedar Rapids and so forth. So looking for entertainment opportunities
I offered one idea to Student Senate awhile back, but it was too late for
them to get organized at that point, but I would invite them back again
to work with our Parks and Recreation to see if we can't continue the
ped mall activity this fall a bit longer. It costs the City money for the
entertainment and it also costs us for the sound system. But the stage
and everything is there around the fountain. I think this might be a
place for student groups would have an opportunity to even showcase
what they can do. I think the students would like it. I have no
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Item 12 Page 69
Wilbum:
problem with some dancing down around the fountain and make a fun
activity as long as the weather holds. We all know that this can start
up at any time and of course we have Friday and Saturday nights that
we have rain that attendance is down. So be it. That's Iowa. I also
would like to challenge the University in that I see that they're in the
process of asking for dollars from the Regents to do some renovation
at the Union and an addition onto the Union. What I heard...what I
saw in the paper and that's all I know about it folks it sounds like
they're working to have an outdoor venue off of the Wheel Room area
for live entertainment and so forth. But I would challenge them to
create a space that is more like a bar venue with music and bring in
more live entertainment and also encourage the student groups to
perform there. I think you could almost competitions. I think there's
that many groups in the area that would happily perform for nothing
and would compete to have their group showcased. So at this time I'll
support the 21. The idea of an alcohol commission - I think that's
worth talking about. I don't know where it would go, but I would talk
about it and see if there's anything we could do to help support this
effort.
I'm going to follow up with some of the comments that Connie made
actually because I think what she was getting at was talking about how
do we deal with access to alcohol and what's an appropriate role for
the City. Certain individuals, the liquor license holders, the bar
owners they certainly have responsibility in terms of the product that
they sell. You know and we don't control what the state law is. You
know people have made some adamant conversations...points about
being 18 at a certain age that you have certain responsibilities. Well
state law is full of different ages of responsibility. At 16 1 believe in
Iowa under certain conditions you can even get married. At 14 you
can get a learner's permit. So that's just the way it is. There exits
different ages for different things. I've been supportive of the 21 when
we first started talking about this two, three years ago...since my term
on Council here. It's interesting...and I was willing...we came up
with the existing ordinance. And it's just interesting to know how the
conversation has changed because when I've been on Council and we
first started talking about this we had bar owners and we had some
students and some other community members basically saying
underage people, students, are going to drink. There's nothing you can
do about it. There's a problem with vandalism, the fighting, certainly
some of the physiological problems that occur and some of the dating
violence influenced by alcohol...over-alcohol consumption. You
know those are problems, but people are going to drink. Don't do
anything about it. Two years ago if we had done nothing about that
we wouldn't have the existing ordinance that some of the students,
some of the community members, some of the bar owners are
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Item 12 Page 70
embracing all of sudden. They're saying just enforce the existing
laws. The arguments were made against what we have don't do
anything. You know so I don't buy that if there's a problem...you
know, don't do anything about it. There's not going to be a solution.
We're not going to come up with an answer that's going to solve all of
the problems. There's certainly a role for everyone to play. I'm not
against the idea of the alcohol commission or committee to look at it.
It's just I'm going to put it back out there. We sat here when the
Mayor had...you know there was a meeting amongst the liquor license
holders. They Mayor said, "You come up with something and we'll
do it by golly." And they came back and said we couldn't come up
with anything. I'm just going to put out a couple other random
thoughts. You know it's something I'd be willing to take a look at.
I'm going to continue to support this at this point. Some of you...you
know there's been a real impressive number of students and the
number of people that responded by the petitions. I think it was
through e-mail or something like that that the student government put
forward. And several people have pointed out...made a promise that
you're going to work against those of us who are up for reelection.
And that's certainly your right and your responsibility for all of the
issues that we bring up, not just this one. I just want to point out that
there are...we are listening to students. We are listening to other
community members. Not all of them are here tonight. Not all of the
students are here tonight. But they approach us when we're out in the
community, at work, in the grocery store, at church, at different places.
So, you know, I mean you know certainly you want to work for your
issue, but we are listening to some of these. Not all of us are on the
representative...
(End of Side 1, Tape #03-31, Beginning of Side 2)
Wilbum:
...but we are at least listening, talking to other students. I have some
approaching me at work. There's some students from...and a teacher
from a class that I spoke to last week and you know thank you for
coming down and sharing your thoughts. I think it's fair to challenge
the University to say that you certainly have the responsibility. People
have talked about the issues and the composition of the Stepping Up
coalition. Well the Stepping Up coalition is the community members
and there are community members not on the Stepping Up coalition
who have spoken to us about this. Again those are just some random
thoughts. But I guess the final random thought I don't...you know it's
interesting pointing out that these are adults. We're talking about
adults. And for some magic reason at the bars it's supposedly a
supervised environment and people acting responsible, but they're at
these house parties and all of a sudden they're irresponsible. You
know you're going to have to tell me a little bit more about that. Let's
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Council meeting of April 8, 2003.
Item 12 Page 71
Lehman:
Kanner:
not kid ourselves those parties happen now. And there are a lot of
them now. They're pre-party and post-party. And a lot of...some of
those student classes I've spoken to I've asked for a show of hands
from folks who do that and they showed them. And you know from
the community members who are expressing a concern about this they
want folks to have fun. They enjoy you being here spending your
money. They're just asking for some of the problems we don't want
the community destroyed. So I'll stop talking now. And we'll
continue this discussion.
Steven.
yeah I think most of us would agree there certainly are problems
resulting from overdrinking and there's serious consequences of
violence that results and that includes sexual and domestic abuse. And
there's traffic accidents. I think it's estimated that 50% of accidents
are caused part by people that are drinking excessively. But I think the
solution - and we probably all realize this - is beyond us in many
ways. It's national problem. We get bombarded as we were told
earlier in the proclamation by beer commercials. So I think though in
the long term it's hard to deal with that as a City Council. But we can
work I think more effectively in looking at supporting programs that
deal with this as a public health issue. And I think it's healthier for us
on a lot of different levels including civil liberties and the rights of
people in this community. And I think we have to put more money
into support agencies like MECCA. I think we're a very wealthy
community not only in terms in dollars, but also in terms of education
and culture. And we can afford to get beds in places for those in the
community that are abusing alcohol...not only alcohol, drugs and also
abusing cigarettes. And we need to make that happen and we can do
more in that regards. I think that's a large part of the solution. I also
feel that...I've read a book by Murray Spurver. I don't know has
anyone read Murray Spurver who wrote a book called Bear and
Circus? I think it was very telling. He talks about how a Big 10 type
university are following a path of devaluing undergraduate education.
Although he cites UI for trying to buck that trend to a certain amount I
think UI can do more to buck that trend. What he means is class sizes
are expanding and making the value of undergraduate education less
attractive. And what do they do to attract that? They have big time
athletics and they have access to alcohol. It encouraged an
environment. And so I think perhaps University of Iowa speaks out of
both sides of its mouth in many regards. And I think we could work
better with UI on this problem. I don't think we've approached the tip
of the iceberg on how we can work together in a better fashion to
attack some of these public health issues. Denying access to adults
age 18 or older is not the answer short-term or long-term. In the short
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Council meeting of April 8, 2003.
Item 12 Page 72
Dilkes:
Kanner:
Dilkes:
term as was mentioned earlier and I've mentioned before we need to
increase support for small, alternative businesses like Ruby's Pearls
and other arts and cultural events. I think that's our strength here.
And we can make it a healthy environment. Ruby's Pearls was
supported with City money...or they're in the process of that. I don't
know if they've actually received that. They're still working on some
things. They're an alternative feminist bookstore and gathering place.
And I think that's the kind of business we need to support - something
that's exciting for young people, for women. And we need to find
other venues like that to support. But we also need I think to look at
regional issues which effect this issue greatly in terms of business.
People talk about businesses are leaving downtown. Well it's not
because necessarily of drinking pattern so much, but it's more because,
I would argue, issues of sprawl. And we need to work on a regional
level to state why are people...why there are Coralridge malls on the
outskirts and other big box franchises that are drawing people away
from...businesses away from downtown Iowa City. So I would
suggest that we work harder on a regional level to do that. What's
driving businesses out of downtown which are then are filled by places
serving alcohol which is a high profit margin. I think that's a large
part of the solution. We should first pass an amendment to limit drink
specials. When we were considering ordinances a year or two ago that
was brought up. And Ernie you led the movement to remove that. I
think we need to bring that back and vote that in and see if that will
work - limiting drink specials. Because when you have 50 cent
pitchers of beer that's not the answer. That's the thing that I think
encourages binge drinking and what's dangerous. And we need to
continue to hold bar owners accountable for underage and binge
drinking in their establishments. I think you need to hire more people
- the bar owners - to see who's drinking. I think that's part of the
solution to the problem. And we need to enforce existing laws. Ross I
have a feeling they were not necessarily talking about the amendments
that were offered in the last round. I feel those are mostly ineffective.
And other laws on the books that enforce some of these. I think that's
what we need to enforce harder along with holding the bar owners
accountable for this. And then I had a question. This law applies not
only to places where you can drink alcohol by the glass, but where you
can buy it by the bottle too. Is that correct?
If they have an on-premises license. If their license provides for
consumption on premise.
Okay. I didn't see that. Could you when you get a chance point that
out to me? But because of those reasons that I think...
It's in 458a.
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Council meeting of April 8, 2003.
Item 12 Page 73
Lehman:
Pfab:
O'Donnell:
Pfab:
O'Donnell:
Pfab:
O'Donnell:
Lehman:
Karmer:
Champion:
Pfab:
Champion:
Pfab:
Karmer:
Okay on the premises. Okay thank you. But because of those and !
think because of the problems of identifying spouses and guardians
and parents because of all those reasons I think we should vote no on
this. And I'll be voting no on this proposal.
Thank you. Irvin?
I believe this is a chance to work together as a community and make
Iowa City better. I have to tell you I'm very poorly equipped to offer
great advice because I don't drink. I've hardly drunk any liquor in my
entire life. I've probably spent less than eight hours in my life in a bar.
I just don't go to the bar scene or the bar culture. So I come to this in a
democratic way. The only law that will work must have community
support. My plans were to talk through this together with the idea that
what we decided we could live with if it passed or it didn't pass. Well
I find...and then at that point when we got an ordinance pm together
take it to a public referendum. I find that...however, I find that that
will not work. We have to pass something before we can go to a
referendum. So I'm going to continue to vote for this and then as soon
as it's passed I will assure you when we go to get signatures to get this
to a referendum I'll be right out there with you getting signatures so
the community can vote on this and then get it behind it and get on
with our lives.
lrvin you have to help me out on that one?
Okay.
You support this and then the referendum to overturn it...
No. It's the vote yes or no. Then the community gets to vote it.
...to rescind the amendment.
He has to overturn it.
Or to uphold it.
No, no.
And then the community has decided.
The referendum would be to overturn the ordinance.
Or...it will either get overturned or it won't get overturned. Either one
or the other.
But Irvin I did have a question though. Would you support if we voted
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Council meeting of April 8, 2003.
Item 12 Page 74
Pfab:
Kanner:
Pfab:
O'Donnell:
Pfab:
Champion:
Pfab:
O'Donnell:
Lehman:
Pfab:
Dilkes:
Lehman:
this down an initiative by people who are in favor of 21? Put the onus
on the them to come up with collected the 2500 to 3000 signatures to
put it on the ballot. Why not let them do that instead of the other way
around.
Okay. Well then can they do that? And if so who's going to decide
what they're going to vote on?
Well there seems to be a community movement you said. I don't think
there's a grass roots movement. Why not let them get the necessary
people to go out in the community, collect signatures - along with
yourself- and get those 2500 registered voters.
I just got to tell you I don't have a dog in this life.
Obviously.
So I'm saying it's a community thing. I'm willing to work with the
community to get it solved one way or the other.
Steven by not voting for this - and that's fine, I don't care whether you
vote for it or not - but by bringing this forward we are trying to solve a
problem. And maybe in the end something even better will come out
of it. But to say there isn't a problem so you're not going to support it
that's...I mean I don't think that's good. So I think probably Irvin's
philosophy is even better than yours in my opinion because he's at
least willing to give the voters something to vote on.
I thought we could put something together and say okay here's what
we think...this is what we worked together. This is what we put
together and then before we put into effect let's take it to a public vote.
Evidently you can't do that.
If you vote on this Irvin this is in effect.
We all know that.
Well let's put it off until after we close the referendum.
Just so we're all clear. You can't put something offlong enough for it
to go to referendum. A referendum is a citizen proposed measure to
repeal an ordinance that is on the books. Once this is finally adopted
yes citizens certainly have the right to petition to repeal it and it would
go on the ballot unless Council voted to repeal it. An ordinance also is
not stayed during the referendum.
It goes into effect...
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Council meeting of April 8, 2003.
Item 12 Page 75
Dilkes:
Pfab:
Lehman:
O'Donnell:
Lehman:
Pfab:
Lehman:
Once it goes into effect, it goes into effect.
We also have to... if we pass this we will decide on an effective date.
The effective date is in the ordinance for August 1st.
When we pass it.
Alright. Let me just...
Well by then we'll know if it's working or not so the public will have
a chance to say I like it or I don't like it.
...briefly...we've dealt with alcohol issues I suspect ever since I've
been on the Council and I'm sure for a long time before that. I can
remember when the alcohol issues that concern was basically because
of broken windows downtown or someone throwing up on the street or
fighting or whatever. Then a few years ago a lady named Mary Sue
Coleman came to the University of Iowa. And Mary Sue Coleman had
a significant interest and her interest was the kids at the University of
Iowa and what happened to those kids and what happened to kids who
went out and drank too much and couldn't go to class. Her concern
was the negative impact on those folks who overindulged. And I think
this is far more an issue of overindulgence than it is selling alcohol to
minors. So I think it became a real human issue with Mary Sue and
she communicated that very clearly to the Council. And we have
received tonight a letter from David Skorton who very, very
emphatically supports a 21 ordinance. Now I will have to say that I do
not believe that it's possible to run a bar in such a way that you can
absolutely keep kids under 21 from getting a beer if they're inside the
establishment. I think we've got bar owners who work very, very
hard. They do their very best. But the bottom line is that a significant
number of young folks under the age of 21 not only have a drink -
which I don't consider a big problem - but they also become
particularly inebriated. One thing about what we do know if we can
control the number of folks in that bar we probably can reduce the
amount of alcohol that those kids consume. And if the fine is $250 for
having alcohol under the age of 21 my suspicion is it's going to be far
more effective and $100 fine. I don't think this is in any way shape or
form the answer to a huge problem, but I do think it is a step in the
right direction. Most cities and most universities have 21 ordinances.
I do not know ora one who would change back to 18, not a one. They
work. They work very well. Now we've heard all kinds of talk about
house parties. We've heard all this stuff and realistically doesn't seem
to have happened. So I'm going to support this ordinance. And
certainly if we can do an alcohol commission. If there are other things
we can do if we can improve it I certainly would be willing to listen to
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Council meeting of April 8, 2003.
Item 12 Page 76
Kanner:
Lehman:
Kanner:
Lehman:
Wilbum:
ralT~
O'Donnell:
Wilburn:
Lehman:
it. But at this point I will support the ordinance.
One thing that David Skorton points on the letter is that if you do
pass...he says, "I do not suggest 21-only bar ordinance is the singular
solution to this problem. If you pass this ordinance, we will need to
carefully monitor whether the 21 ordinance actually leads to a
reduction in the harmful effects of excessive drinking." And I would
suggest then that we need to put in the ordinance a follow up of some
sort. Perhaps allocate money. We might not need to do the exact
amount at this time, but we need to say that we'll do a six-month, one-
year study from the City organizing it, not relying necessarily on
Stepping Up or other organizations.
We did an evaluation of the last ordinance after a year and I would
have no problem with evaluating this after 6 months.
I think we need to do a little more in-depth than what happened with
that. We might have to hire a firm to do some scientific sampling and
so forth.
I would have no problem with dealing with that issue.
Well certainly President Skorton's letter refers to the role that we all
can play and hopefully that's a strong sign that regardless of whether
or not this pass that we will see continued and further efforts from the
University to provide alternatives or whatever.
Okay guys. Let's do a roll call. Motion passes, 5-2, Kanner and
O'Donnell voting in the negative.
Motion to accept correspondence.
So moved.
Second.
Motion and second to accept correspondence. All in favor? Opposed?
Motion carries.
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Council meeting of April 8, 2003.
Item 15 Page 77
ITEM 15.
Lehman:
Champion:
O'Donnell:
Wilbum:
Lehman:
Kanner:
Lehman:
manner:
Dan Bruns:
CONSIDER A RESOLUTION ALLOCATING THE HUMAN
SERVICES AID TO AGENCIES FUNDING FOR THE FISCAL
YEAR ENDING JUNE 30, 2004.
(Reads item).
Move the resolution.
Second.
I will be abstaining from this item. I'm employed by an applicant
agency. I have a conflict of interest and will not, must not participate
in any of the discussions or the decisions.
Moved by Champion, seconded by O'Donnell. Discussion?
I'd like to say for the sake of full disclosure I wish to make known that
I have contracted to provide respite care for parents registered with
Arc. It's a human service agency that has applied for $2,000 funding
this year. Last year I worked as an independent contractor providing
childcare approximately four or five times last year. I earned
approximately $100 for this work. And this is about 1% of my total
income. I have made the decision at this point that the situation does
not rise to the level of conflict of interest as defined by the law. And
although I will take part in the discussion tonight and vote tonight I
will consult further with the City Attorney and others to seek opinion
on this matter for future votes and discussions.
Okay. Thank you Steven.
There's a buzzing somewhere.
I've never done this before. My name is Dan Bruns from Iowa City.
My daughter attends Mayor's Youth which is involved here in this
discussion that you guys are talking about. And I thought I wanted to
bring a little history here to let you know how she became involved.
She is a child with special needs. When Mayor's Youth was originally
designed some 35 years ago I know you guys intended it for kids that
were at-risk and it has performed that function and it continues to
perform that function today. Some few years ago when my daughter
was reaching the age where Handicare would no longer be a choice for
her we as parents started looking for a place for her to go for the
summer and for after school. We approached the ARC and they have
no such program. We approach SYSTEMS and they have no such
program. There was no such program. Mayor's Youth was
approached and offered to take up that duty. And they did so and they
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Council meeting of April 8, 2003.
Item 15 Page 78
do so to this day. So they have two missions now. The one that they
were intended for and this one that they've stepped up for. Now the
second one there's a difference. My child pays to go there. All the
kids with special needs pay to go to there. So the money that is
coming from the City to go to Mayor's Youth doesn't necessarily go to
them. It's still going to the first mission. In fact the money that my
daughter brings in and other kids like her bring in can help for
administrative costs, can help pay for equipment costs, and actually
help defer some of the costs that the kids that are at-risk would have to
face without them there to help benefit. Now I want you to think
about this. There is no other place for her to go and they have two
missions. Now what we have here...I heard you guys talking a lot
about this other thing with the 21 and you wanted to hear plans. Well I
can give you a plan for this, an idea. And that is rather than arbitrary
drop $20,000 off of their budget and put $15,000 out there for who
know who's going to get it or who knows what's going to happen. If
Mayor's Youth - and I'm not part...I don't deal with the part of the
kids at-risk - if they've dropped the ball somewhere - and I don't
think they have - but if they have it could be because they focus on
this second mission that they've accepted which isn't a bad thing. I
mean I don't think anybody here that they're providing an after-school
program for kids with special needs or a summer program, where they
provide job training, where they provide supportive community living
so the kids can get out into the public which is good. I think we want
these kids out in the public. I'm assuming we all do. If they haven't
done it right what's wrong with saying, "okay, folks we want you to
concentrate more. We looked at this. We thought about giving the
funds somewhere else, but because you've been here for 35 years -
and that's a long time - to suddenly go well no in the last two years or
three years we haven't quite thought you did well enough. Let's just
drop it all together and give it to somebody else or maybe you'll get it
or maybe not." I think it maybe might be going overboard. I'd like
you to reconsider and maybe say, "Let's see what you can do in the
future. We're thinking about doing this. We don't have to do it right
now." Now regarding the money. I mentioned before that my
daughter brings money in. Dee, I want to bring something up here.
And this is what concerned me. Now correct me if the paper's wrong.
I'm just going to say what it says. "We came to the conclusion that
Mayor's Youth is serving a number of young people with disabilities,
but we'd like to see that group collaborate with a number of other
agencies on youth job training." Well like I said as parents we looked
around and there was no other opportunity out there. Secondly, I
know that's what you'd like is for the kids with disabilities to go
somewhere else. If you cut the funding by $20,000 according to the
paper you'll be funding them $23,483 for a year. My daughter through
SCL alone takes to Mayor's Youth $18,500 a year. You add a respite
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Council meeting of April 8, 2003.
Item 15 Page 79
Champion:
Lehman:
Vanderhoefi
Champion:
Vanderhoefi
Champion:
Vanderhoefi
in and she's outdoing you guys. So they're not going anywhere. So
the question is can this outfit have two missions? I believe it can. I
don't believe the opportunity of having an outfit that's been around for
35 years should be taken away and have money just set out there set
aside. Let's see if somebody better shows up to take it. We don't
know. After 35 years I think it might be better to give them a shot.
Take them a look at the things. See if they can get focused on both
missions and go from there. That's all I have to say. I appreciate
everything you've done or I would have been here a long time ago.
Obviously I'm happy with most of what you do. But thanks for your
time.
Thank you.
Before we get anymore discussion Dee would you or Connie like to
explain what the recommendation is and why it's been made. I think
that we discussed it last night, but we do need it...
...on the record. Okay. Connie and I looked at all the agencies that
we have been funding and we go to the United Way joint funding
process so everyone in the community hears the same information and
the agencies all put forth the same information they're asked on the
forms. So with that as well as interviews with the agencies we decided
we needed to look at whether we were...the agencies were fulfilling
their missions, whether there was discrepancy in the amount of
funding per agency, were there gaps in services...what's the fourth
one, Connie?...I can't think right off the top of my head.
Meeting the mission, equity and...
Number four.
Alright. But anyway we looked at all of this and Mayor's Youth was
deemed one of those that was needing a mission, but not the mission
that we thought we were funding that had been traditionally funded.
And over the years the total funding picture had been sort of skewed in
that the Councilors rotate through the funding cycle and frequently for
a number of years increases were given according to percent of new
dollars available. And so if you've been there more years than others
it left this imbalance on funding for services within our community.
We also looked at other needs and the one that jumped out at us was
this pre-employment and job-training for youth at risk. There had
been a program at the neighbor centers for several years and it was
dropped I guess about four years ago or five years ago and it was
funded with decap monies and when the decap monies disappeared
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Council meeting of April 8, 2003.
Item 15 Page 80
Lehman:
O'Donnell:
Lehman:
Champion:
then the program slowly disappeared. And there's interest out there
from neighborhood centers. There's interest from UAY because they
work with a lot of our at-risk youth in our community and they all
recognize that the pre-employment and job training isn't coming
forward. So in looking at this we choose to offer a new way of
funding and addressing a missing piece of service within the
community. And that being these youth at-risk and getting them ready
for jobs. The $15,000 is in reserve. The dollars are available by grant
form to provide service to these youth whether it's one organization,
whether it's a collaboration of organizations. But I think it's time that
our community sat down a lot of people sat down around the table and
talked about this and figured out how to do it because in my work with
work force development which also is the WEA dollars that come in
also to Mayor's Youth. We do a lot of research with businesses and
it's very apparent to businessmen and in the research they're saying
our youth are not prepared to enter the .job market period. They're
lacking skills. And the most at-risk kids are the ones who are going to
get pigeon holed into low-paying jobs for their entire life unless they
have an opportunity to move forward and learn the skills and move up
in jobs. So this is where we went.
Although I think we did say last night that we'll put out an RFP for
that $15,000, but in any event it will be allocated prior to the first of
July. So as long as everybody...
And Mayor's Youth's program is eligible.
And Mayor's Youth program is eligible along with everyone else to
apply for it. That $15,000 will be allocated by the first of July which
is the time the rest of these funds will be...
I just have a couple things I want to add to what Dee has said. This is
not...the money that we took from Mayor's Youth is not saying that
they're not doing a great job with their new mission. They're doing a
great job. But that's not what the original funding from the City was
for. Wait, let me finish. Also when we took money away from Big
Brothers/Little Sisters that is nothing to do with that program. It is a
wonderful program, but when I look at the amount of money and Dee
kind of pointed to this that we were giving Big Brothers/Little Sisters,
Mayor's Youth or whatever and then we were like giving the shelter
house like $7,000. I mean it just...there was just something wrong.
The funds had become so skewed over the years because if you had
been getting from the City forever you kept giving increases you were
getting huge amounts of money. And some of the agencies especially
in this day and age who are desperate from money simply aren't going
to be able to get it. So we kind of looked at agencies that could raise
money on their own pretty easily and Big Brothers/Big Sisters a feel
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Item 15 Page 81
]3runsl
Lehman:
Bruns:
Lehman:
Bruns
Champion:
Bruns:
Champion:
Bruns:
Champion:
good organization. Everybody loves them. And we didn't take a huge
percentage. But Mayor's Youth the number of children that they were
dealing with at-risk was a small number. And they have a new
director now and that might improve. But I thought we were funding
what I felt was very fair of what they were doing with that at-risk kids.
Now your kids...they do a great job, but that's not what we originally
funded them for.
Okay. Before I forget it. The new director of Mayor's Youth would
have been here tonight except for the lateness of the hour.
Cokie. Actually one of her children had to go to the hospital too.
Oh, I didn't know that. I talked to her this afternoon and she wanted to
be here. And I told her that I would tell Council...
She would have been here at 7:00 to accept your thing, but her child
was at the emergency room.
Okay. Right.
I agree with what you say with one thing that I really still want to point
out and that is they have two missions. It's not a new mission. The
money for this new mission is coming from the kids that come in.
No, I know that. I understand that.
And so I don't want there to be a mistake that any money that was
allocated to help kids at-risk.., see I'm not here so much for my
daughter.
No I understand that.
Because Mayor's Youth is going to be there for her. I can guarantee
that. It may be without funding someday from anybody but their
sources. But it will be there for here. My concern is that for 35 years
they've done a good job at what you wanted at least I assume so or
how would they do it for 35 years. And I believe that the
consideration for these kids at-risk might be that they've been doing
this for so long. Rather than take away the funds and say let's set it
aside see if somebody can do better. Let's see if they can't improve
first. I mean this is an all of a sudden ad hoc let's just throw it out
there to somebody else. That's the other thing. Just the two things.
Number one the second mission hasn't taken any money away from
the first. It's brought money in. And I think there's another way to do
this. That's all I wanted to bring up.
I appreciate that.
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Item 15 Page 82
Lehman:
Bruns:
Lehman:
Bruns:
Lehman:
Brans:
Vanderhoef:
Bruns:
Kanner:
Vanderhoef:
Bruns:
Let me really emphasize and I visited with the director at just 4:00
today. She understands she will have the opportunity to go after this
$15,000. I guarantee you she will make every effort that she can to get
that money back.
No problem.
And she has the same opportunity everybody else doesn't.
Right. I understand that too. Just basically once it's taken away from
them and put out there for anybody to go after there's a difference
between...
No, I hear what you're saying.
Okay.
I would just like to say also is that this is pointing out to me as a
Councilor that maybe we are not doing a good enough job as a Council
in overseeing the dollars that go out and setting the standards of what
we...
In your case...I wasn't going to bring this up, but I will now. My wife
talked to you this afternoon and that was a fine story you told her
about your neighbor. But if you go back and look at the budget cuts,
you know your neighbor didn't take offers to go somewhere else
because it was such a good place to live for parents of someone with a
disabled child. Go back and look at the budget cuts that have taken
place and I will promise you Johnson County that was then, this is
now. There's counties in Iowa doing better. And that four years ago
couldn't have been said. It's changed.
I'm sorry. I sort of lost what you're referring to.
I'm not catching...
Well Dee had told my wife that she had a neighbor that would stay
here rather than take ajob promotion to move to a different area
because the services in Johnson County were so good. And that was
true at one time Johnson County was the only county in this entire
state that helped kids with special needs with the prices to go to
daycare. Now that might be why (can't hear) cost over $1,000 a
month to go. It might be because the money was there. I know when
send my daughter to a different daycare at a regular price and they
accepted her the county approached them and said hey you know
there's more money out there and the daycare owner took every cent.
So you know try to save money it doesn't work. Well that money
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Item 15 Page 83
Lehman:
Bruns:
Lehman:
Vanderhoef:
P fab:
Lehman:
Pfab:
Lehman:
Champion:
Vanderhoef:
Champion:
disappeared. There is no help now anymore there. So that what they
were the only county doing they're like everybody else not doing it.
Now as far as Mayor's Youth being the only place that has an after
school and a summer program for kids with special needs. The ARC
will provide respite and it will provide supportive community living on
a one-on-one basis. My daughter at the age of 15 has honestly in my
life never in her life had someone come to the door and knock and say
you want to come out and play. You want to come do something.
And what Mayor's Youth has done is given her a place where she can
be around other people and be in the community. And they're good at
it. I'm not going to get into all that. I know what you guys are up to
and I'm not arguing with you on that point. But I'm thinking that
they've done a good job in the past with the kids at-risk and I really
think they deserve a look you know before you cut their budget and
put it out there for everybody to go after. Maybe you know let's see
how they do over the course of the year. Get them refocused on their
first mission. Not the one that's gone, but the first one. And you
know in their zeal to get this second thing going I wouldn't be
surprised if things got messed up a little bit. You know things got
forgot. You know how many parents have brushed through this. It's
been a lot because we couldn't find anything else.
Okay. We got to...
You got it. I'm rambling.
No, but thank you anyway.
Thank you for coming Dan.
Okay. I have a couple questions.
Yes.
Okay. This troubles me a very great deal. First of all have we ever cut
anybody this much before in the history of doing this?
I have no idea.
I doubt it because I don't think that anybody...I mean I think because
it changes all the time that it takes awhile to get clued into what's
going on. I mean this would be the third year I've done this. Dee's
done it four or five years. So finally you learn enough to learn what to
look for...
Three.
...and because Councils change you don't always look for. But we're
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Item 15 Page 84
Pfab:
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Pfab:
Champion:
Pfab:
Champion:
Vanderhoef:
P fab:
Vanderhoefi
Pfab:
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Lehman:
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still financing them and I think we're financing them to the number of
at-risk students they deal with. So I don't think we're really cutting
their budget for what we originally funded them for.
Okay. The second one is our record for doing things right isn't too
good if you look in the last two years. I sat here and fought like the
devil to get funding for shelter house which is emergency housing and
I was basically told to take a walk.
That's not true.
No, it was.
No, that was for a study. It wasn't for shelter house.
Right for a study. And so obviously you didn't get it right then. Okay
because now all of a sudden you want to change it. And that's fine but
I don't think we have to make a stupid mistake the second time
around. I think that these people should get this rather than make them
spend their time and effort to go and get this another way. Do you
think that that's all they have to do is go out and fill out forms and do
all this? They have other missions. Some of us here can afford to hire
somebody to do that. But they have to do it themselves.
They're paid to do it.
Irvin, every one of our agencies in town goes out for grants and they
are constantly looking for...
How many of them did you cut the funding in half (can't hear)?
That isn't the point. The point is we all look for funding everyplace
we go.
It's very hard not to look like this has been (can't hear). It's very hard
for me to accept that.
Then vote no.
i'll vote no, but I mean no isn't enough and that's why I'm making
(can't hear).
No, you're being...
Irvin I don't...I think (can't hear) ....
...terrible...
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Council meeting of April 8, 2003.
Item 15 Page 85
Pfab:
Lehman:
Pfab:
Kanner:
Champion:
Kanner:
Pfab:
Kanner:
Pfab:
Lehman:
Pfab:
Lehman:
Pfab:
Lehman:
Pfab:
No, I made my statement (can't hear) and then I'll vote.
Irvin I would tend to have some of the feelings that you have except
that these two Council folks have done this three times. And ! really
do have some confidence in their ability to make a recommendation
that I think they've thought through very carefully. And that's not
saying anything derogatory towards Mayor's Youth. I think it's
saying that I think these folks have done an exceptionally good job on
their recommendation. I'm going to support the recommendation
because I believe...
That's fine. You can support it. You have to live with it. I'll vote my
way, but at the same time we don't come into this with a very good
history because of last year and all the time that was spent and we
couldn't figure that out. And I put every bit of effort that I could into
it and it was ignored.
Irvin what was the vindictive part?
Yeah.
What do you feel was vindictive?
Well it was just cut in two.
But do you feel there is a personal stake in... ?
I don't know.
But why would you use the word vindictive?
Well who else did you cut in half?. Who else did you cut 25%? Who
did you cut 35%? Who did you cut 40%?
Well how did the word vindictive work into that?
Huh?
How does the word vindictive work into that?
This organization is struggling and as you go out you'll see that when
you go out to the open house. I stumbled out into an open house
because I put my open house in a week early in my daytimer because I
hit the wrong number so I went out there. I learned...and I did not go
out there to learn, but I tell you what I saw there no way that this is
right. Okay.
Okay. Other discussion?
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Council meeting of April 8, 2003.
Item 15
Dilkes:
Champion:
Lehman:
Vanderhoef:
Lehman:
O'Donnell:
Lehman:
O'Donnell:
Lehman:
Aaron Mennenga:
Lehman:
Mennenga:
Champion:
Mennenga:
Champion:
Page 86
Ernie can I just note that resolution as it now stands simply states
$15,000 for this proposed collaborative grant. There was some
discussion last night about timing. We have not included anything in
the resolution about timing so you need to amend it if you want it in.
We need an amendment from the Council to require that the $15,000
be...that our fees be put out for the $15,000 that the allocation of
$15,000 be made prior to the first of July. Either to the applicants
from the RFP's or redistribution among the present applicants. Can
somebody make that amendment?
I made an amendment.
Connie just made that amendment.
I'll second it.
And it was seconded by Vanderhoef. Do we...
I didn't do either Right?
Mike, did them both.
It's getting late. Let's go.
Alright. Discussion of the amendment? All in favor?
Can I make a comment real quick?
I'm sorry. Go ahead.
My name is Aaron Mennenga. I've worked at the Mayor's Youth
employment program for about four years. And when I started out all
I did was work with juvenile offenders and at-risk youth. And I took a
great deal of pride that not only had I taught them to work on bicycles,
but also I felt I taught them leadership, cooperation skills and maybe I
instilled some values in them. And it's kind of disappointed that these
opportunities may be taken away from them. And I'd also like to
thank Councilman Pfab for coming out last Friday to see what we did.
So I appreciate that.
I just want to let you know that we've been out there to visit also.
Okay.
We didn't make these without visiting and finding out what's going
on.
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Item 15 Page 87
Mermenga:
Lehman:
Kanner:
Lehman:
Vanderhoef:
Lehman:
Pfab:
Lehman:
Pfab:
Lehman:
Pfab:
Vanderhoef:
Lehman:
Champion:
Lehman:
Kanner:
rarr~
Okay. Thank you.
Thank you.
The amendment is only dealing with time, not necessarily the content
of what the RFP will be about?
Is it my understanding...
Staff is working on that.
Staff is preparing an RFP to coincide with the criteria set out by our
committee. That will be out and Linda told us last night that it was not
unreasonable to expect the RFPs to be back and have plenty of time to
make a decision prior to the first of July. And I think Irvin's concern
and I think it's very legitimate is that this money needs to be allocated
by the first of July.
But you take away the stability they have...
We're not talking about funding Mayor's Youth now. We're talking
about the $15,000 and whether or not we're going to allocate it by the
first of July.
Yes I agree.
It was important that we do that.
Yes that money should not be sitting in some savings account.
Which is the budget year. Just for information July 1 is the budget
year that we're talking about. So none of these dollars will be
allocated before July 1 and then they are allocated quarterly from the
City to the organization receiving funding.
But this allocation...this amendment would require that that $15,000
be allocated prior to the first of July.
Correct.
Alright. All in favor of the amendment say aye. Opposed? The
amendment carries. Now discussion on the resolution as amended?
Roll call.
Now, wait, wait, wait. So we are voting on the chart as presented on
page 399 of our packet?
No, the chart is distributed in front of you this evening. It's a legal
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of April 8, 2003.
keml5
Kanner:
Karr:
Kanner:
Karr:
Kanner:
Vanderhoef:
Pfab:
Lehman:
Vanderhoef:
Kan':
Pfab:
Karr:
Champion:
Lehman:
O'Donnell:
Kanner:
Lehman:
Karr:
Lehman:
Kanner:
Lehman:
Page 88
sized piece of paper. It's number 15. There's very few changes on it.
The only changes includes the $15,000. It's just a cleaned up copy.
Wait. Legal sized. Is that in here? I haven't looked at this.
It's in essence the same information. But I just wanted you to know
it's been amended.
It has the asterisks listed here in a more formal version. Is that the
one?
Now the asterisk is replaced with FY04 allocation and it is typed rather
than written.
Can I see someone's copy of that?
I don't see it.
I didn't get it.
I don't think we got a copy Marian.
Not tonight.
Copies were made. Oh, I'm sorry. We reduced it for you. It's 8 ½ by
11. Mine is...
I never saw that either.
It should be in there.
It's the same thing we talked about last night.
It's the same. It's just cleaned up.
It's exactly the same. Let's...
Well can we just reference then page 399 since that's what we're
looking at in the Council packet.
Is that 399 accurate?
Yes it is. It's just been retyped.
Then we can reference that.
Okay.
Alright?
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Council meeting of April 8, 2003.
Item 15
Kanner:
Lehman:
Vanderhoef:
Kanner:
Page 89
And I just wanted to say that I'll be voting for this although I think the
bigger consideration is I think we have money to increase the global
budget for aid to human service agencies. And I think that's the
ultimate solution for that. But since there isn't a majority for that I
will be voting for this.
Well I think that the amount has already been passed in our budget.
Yes.
Right. I think we could eventually amend it. I think we should. It
would be a better...
Lehman:
Okay. Roll call.
(End of Tape 03-31, Beginning of Tape 03-31)
Lehman:
Motion carries (5/1, Pfab voting in the negative, Wilburn abstaining).
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Council meeting of April 8, 2003.
Item 16 Page 90
ITEM 16
Lehman:
Champion:
O'Donnell:
Lehman:
Champion:
Lehman:
Karr:
Lehman:
Kart:
Kanner:
Lehman:
Pfab:
Kanner:
Champion:
Karr:
Champion:
Kanner:
Karr:
CONSIDER A RESOLUTION ALLOCATING THE
COMMUNITY EVENTS AND PROGRAM FUNDING FOR THE
FISCAL YEAR ENDING JUNE 30, 2004.
(Reads item).
Move to accept.
Second.
Is that...okay we have a motion by Champion, seconded by O'Donnell
to accept the recommendation. Is this as we...
Talked about last night.
This is as we changed to last night Marian?
Yes.
This reflects the changes made last night?
Yes.
Where is this?
Discussion?
I have a point. This is another reason why where back on the other I
thought it was vindictive. We had extra funds here, but it didn't take
us 10 minutes... 5 minutes to decide where these extra funds were
going to go, but we couldn't decide on the other.
Other discussion?
Wait, wait. Now where is the amended version.
It wouldn't be in your packet. It'd be on paper.
You did not...no one got it tonight in the packet distributed. If you'd
like to take a recess the copies are sitting in my office.
I don't need to see it.
I'd like to see what the changes.
Or I'll go get them.
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Council meeting of April 8, 2003.
Item 16 Page 91
Lehman:
Champion:
Lehman:
Wilbum:
Champion:
Wilburn:
Champion:
O'Donnell:
Lehman:
Kanner:
Champion:
Kanner:
Champion:
O'Donnell:
Champion:
O'Donnell:
Lehman:
O'Donnell:
Champion:
Lehman:
(Proceed to Council Appointments)
Now we're back to number 16 and Cormie would you like to make that
motion again?
I move (can't hear).
And Mike second again? Okay. Now we have the paperwork here
under number 16. Discussion?
What's (can't hear) Uptown Bill's Labor Day fair and flea market.
I'm glad you made that...
Yeah that's going to be fun isn't it. That's a really nice thing they do.
Yeah.
And it doesn't cost a lot of money.
I wish we could have given more to the Jaycees for the fireworks on
the 4th this year. It's a special year.
I know it is, but just only have so much.
I think though I think we should be discussing some collaborative
effort with Coralville.
I agree.
alternating or...
Good luck. It's like discussing collaborative busing, collaborative fire,
collaborative water. It's probably not going to happen.
Coralville gets well into the Fourth of July.
Oh, they do. They really do.
They have entertainment. They have fireworks. They have parades.
It's a great community event out there. What's that?
Do they have beer?
I have no idea. I think everybody in Coralville is 21.
Or older.
Or older. Okay. Other discussion? Roll call. Motion carries 6-1,
Pfab voting the negative.
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Council meeting of April 8, 2003.
Item 21 Page 92
ITEM 21.
Lehman:
Pfab:
Lehman:
Champion:
Lehman:
O'Donnell:
Pfab:
O'Donnell:
Lehman:
Vanderhoefi
Lehman:
Wilburn:
Lehman:
Kanner:
CITY COUNCIL INFORMATION
Okay guys it's City Council information. Let's see if we can get
through before tomorrow. Irvin?
No further.
No. Okay. Connie?
Nothing, nothing.
Mike?
Just a quickie. You know tonight we had a very, very important issue
on...well we had several of them. And comments were made about
people running and believe it or not everybody up here is trying to do
the best job they can. Philosophies are different. Opinions are
different. But everybody is trying to do the best job they can. Irvin
for the second meeting in a row you used dereliction of duty the last
meeting. Tonight you used vindictive. And I caught you using those
words because that goes along with part of being civil up here. And
you may disagree, but I think that terminology is inappropriate.
Okay. I accept your statement.
Okay. Thank you.
Dee?
I gave it to you all last night.
Ross?
I just want to thank Sycamore Mall for working with Table to Table -
the organization that reclaims food, usable, consumable food - for
allowing them to have bingo night as a fundraiser. I went with my
daughters at their last bingo session and it was a lot of fun and a good
fundraiser and a good blend of the community out there. So thank you
to Sycamore Mall.
Steven?
In our info packet we got notes on a bid or how a bid will be changed
for building the Court Street parking ramp and it disturbs that the plan
is to go right now there's proposed funding for three level with
alternative bids of four and five which I feel is bad enough, but then
the proposal is to go to a possible six story, 640 space, ramp. And I
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Council meeting of April 8, 2003.
Item 21 Page 93
Champion:
Atkins:
Lehman:
Kanner:
Lehman:
Atkins:
Lehman:
Atkins:
Champion:
Lehmanl
Atkins:
Vanderhoefi
Atkins:
Vanderhoefi
Pfab:
Lehman:
think that needs to be discussed at Council.
We've already discussed it. Didn't we?
Not the sixth.
I don't think the 6th level.
This is to go to a 6th floor, 640 spaces which is getting up there quite
big and ! don't feel that's appropriate for that to happen. I think
there's a lot of ramifications from going to even bigger parking ramp
with that.
Steve, would that 6th level would that be an alternate that would have
to be approved by the Council?
Yes.
So that could not occur...
You must ultimately accept the bid.
The good thing about the 6th floor though Steven it would be that many
less cars on a flat parking lot that has parking sprawl.
But the point is that there can be no 6th level without discussion by the
Council. Is that correct?
In fact there can't be any parking ramp without discussion and
approval.
And I would like to hear more about the alternatives. There was some
comment in them about University speaking to us... something
about...
Oh, the University has approached us about the purchase of spaces or
leasing of spaces to help address some of their parking issues. Yes
we've already done that.
And that's what sticks in my mind is if this precludes another parking
ramp being built down there and we can put it all on one lot that it
makes sense to think about it.
Maybe the University could rent spaces to park their 62 van pools up
there.
Okay.
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Council meeting of April 8, 2003.
Item 21 Page 94
Champion:
Kanner:
O'DonnelI:
Kanner:
Lehman:
O'Dormell:
Lehman:
Champion:
Lehman:
Champion:
Alright. You guys I've got to get my income tax and get some food.
I was happy to see our transportation head, Joe Fowler, was looking at
a study of expansion of transit service in outlying areas. We have
received a number of letters. And looking to update the downtown
transit shuttle on-board passenger survey. I think that's going to be
helpful. And then also evaluate possible transit-free fare zone around
downtown Iowa City. So I encourage those things and hopefully we'll
get an entire city transit-free fare zone. But this is a good start. And
then finally for those celebrating the Christian holiday of Easter
coming up. I wish you well in that holiday. I and other Jews around
the world will be celebrating Passover on April 16th. I wish people
that celebrate that a happy Passover. It's my favorite holiday - one
where you are with family. I'll be in the Cleveland area for that
holiday. You celebrate stories of peace and justice and freedom. And
you're commanded to drink four cups of wine so who can complain
about a holiday like that. And also would like to make one final note
on an important date that just passed. April 4th was the 35th
anniversary of the death of Martin Luther King. A person who worked
for justice not only in the United States, but took a lot of heat when he
came out against the war in Vietnam and people said it's not his place
to comment on those kinds of things. And it took a lot of courage for
him to do that and for anyone who speaks out for peace and justice. I
admire that. It takes a lot of courage. Thank you.
Is this the same Cleveland that's east of the Mississippi.
Yes it is.
Alright. Two things. The first one I really want to apologize to the
Council and frankly to the folks who are not here. We had a lot of
folks here tonight on an issue that obviously there was some division
on the Council, but I thought they presented themselves very, very
well.
They did.
I thought the demeanor of the group was very, very good. And I'm
sorry I didn't think to compliment them before they left.
They were.
They were. I thought that was really well done. The other thing is a
great event on Saturday. It's the Booster Club pancake breakfast at...I
think it's at West High. Is that right?
Yeah, it's at West High.
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Council meeting of April 8, 2003.
Item 21 Page 95
Vanderhoef:
Lehman:
Yeah. High School.
All day long raises money for athletic departments at both City and
West. Certainly a great cause and a lot of fun and you'll see all your
friends and neighbors out there.
This represents only a reasonably accurate transcription of the Iowa City City
Council meeting of April 8, 2003.