HomeMy WebLinkAbout2009-09-15 Transcription#2 Page 1
ITEM 2. PROCLAMATIONS.
a) Constitution Week: September 13-19, 2009
Bailey: (reads proclamation)
Karr: Here to accept the proclamation is Ann Weber, Regent for the Pilgrim Chapter of
the DAR. (applause)
Bailey: Oh! Great!
Weber: (unable to hear clearly)
Bailey: Okay. Thank you. For those of you who didn't hear this, um, she's presented the
Council with a replica of the Declaration of Independence on parchment paper,
with some additional information. I think we can put this in our new Council
office (mumbled).
Weber: And then I just have a couple of words. On September 17, 1787, in Independence
Hall in Philadelphia the U.S. Constitution was signed, fulfilling the promise that
the Declaration of Independence had made eleven years prior. Today the
members of Pilgrim Chapter of the Daughters of the American Revolution are
very appreciative of the proclamation of September 13 through the 19 as
Constitution Week. Thank you, Mayor Bailey. The National Society of the
Daughters of the American Revolution was founded in 1890 by four women, two
southern and two northern. When the Sons of the American Revolution rejected
their application for membership, their goal was to heal the terrible wounds still
bleeding from the Civil War. Our founders believed that a call to the common
bond, our ancestors who fought together in the Revolutionary War to liberate us
and found our country would be a unifying and healing process. Today the
objectives of the DAR are historic preservation, promotion of education, and
patriotic endeavor. Pilgrim Chapter was chartered in 1898 in Iowa City and has
celebrated over 110 years of service to the community. Membership is open to
interested individuals who want to trace their lineage to a revolutionary ancestor,
and we always welcome interested individuals at our meetings. Again, thank you.
Bailey: Thank you.
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ITEM 2. PROCLAMATIONS.
b) Community Development Day -September 17, 2009
Bailey: (reads proclamation)
Karr: Here to accept the proclamation is Charlie Drum, Vice Chair on the City's HCDC
Commission. (applause)
Drum: Hope to see everybody at the, uh, celebration on Thursday. It promises to be a
nice event. Thank you.
Bailey: Thank you.
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ITEM 2. PROCLAMATIONS.
c) City High School Recognition Week: September 27-October 3, 2009
Bailey: Um, our next proclamation is for City High School and all of us are very
supportive of our local community schools, but I thought it most appropriate as a
West High grad myself to allow our City High alum to read this proclamation.
Hayek: Thank you, Madame Mayor. Uh, it does give me great pride to, uh, read this
proclamation from the City of Iowa City with respect to City High School. I'm a
1988 graduate of that great school. (reads proclamation)
Karr: Here to accept the proclamation is Mark Hanson, Principal and first class
president, Charlie Gay. (applause) (mumbled)
Hanson: I would just like to thank the City Council for this opportunity for helping us with
our proclamation. It's going to be a great celebration, as uh, Matt said we will be
celebrating, uh, the big party on September 27 from 2 to 4:00 in the afternoon at
City High, and it should be a really great day. Lots of historical, uh, memorabilia
will be on display and...and it just...it's a great, great honor for the students and
staff and all the alumni who have graced the halls of City High School all these
years, so again, I thank you and uh, invite you to our...to our celebration. Thank
you.
Bailey: Thank you. (applause)
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ITEM 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED.
Wilburn: Move adoption of the Consent Calendar.
Champion: Second.
Bailey: Moved by Wilburn, seconded by Champion.
Wright: I'd like to amend the Consent Calendar to remove, uh, Item 3.c.3 for separate
consideration.
Bailey: We have an amendment to remove 3.c.3, um, alcohol...a license, alcohol license
for Bluebird Diner. Do we have a second?
Correia: Second.
Bailey: Second, okay. Um, let's vote on the Consent Calendar as amended. Roll call.
Okay, item carries 7-0. We'd like to move this item now.
Wright: I would like to move adoption of Item 3.c.3, the renewal of a Class C liquor
license for 2-Tone Inc., doing business as the Bluebird Diner.
Correia: Second.
Bailey: Okay. A motion by Wright, second by Correia, um, roll call. Okay, item carries
6-0 with Hayek abstaining due to conflict of interest.
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ITEM 4. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA).
Bailey: Okay, item number four is community comment. This is a time for those in the
audience to approach the Council to address items that are not on tonight's
agenda. If you wish to make a comment to the Council, please approach the
podium, state your name for the record, and limit your comments to five minutes
or less.
Dieterle: Well I have three short items to mention, and I don't expect there'll be any
discussion. Um, the first one is, is that I read in the Friday Press-Citizen, um
about the question of the franchise fee, and that it was to be discussed on
Monday's work session time, and I wondered whether...I didn't see then later
whether the Council decided to go ahead with that or not. Okay, well, I...the
thing I find most disturbing about this whole prospect is the last part of this article
where it says...if Iowa City were to receive the grants for which it is applied to
cover the cost of fire station staffing and new police officers, the revenue
generated by the franchise fee could go towards economic development, uh, said
Council Manager Hel1...Helling said. And, I think that I and...and I think some
other people, are really getting a little tired of the, uh, public/private, uh,
partnership or the economic development or whatever other name is put to it, that
uses public dollars for private enterprise essentially. Um, when public dollars are
put towards, um, things that benefit everybody, uh, the Library, the Food Bank,
the uh...Crisis Center, the uh, Free Medical Clinic, I mean, I could go on. These
are all things that people are, across the city, are free to use. If they don't use
them, they can be happy that they are there if they ever need them. And yet, the
people who think that those dollars are, you know, some hint of the beginning of
socialism, uh, really don't seem to appreciate that a lot of money is being spent,
you know, it's socialism for, in my book, when it's being spent on people that are
really entrepreneurs and should be able under the capitalist system in which we
live, uh, to manage fine on their own. So, I'm hoping that if you do this franchise
fee, you will not use whatever residue money that you have left for economic
development, but that instead you will put it towards one of the deserving causes
that I mentioned, so that's just a request. The second thing is that recently, um, I
was in Waterloo with family members for a picnic, including some small children,
and Waterloo has so much better play equipment on its playgrounds than we do.
So I'd like someone to take a critical look at who is...at what company is
providing us with...with that kind of equipment, um, I was prodded into coming
down here because I took my grandson to the park that's there at the foot of the
Burlington...ofthe Dodge Street bridge, um, and I think, you know, my
conclusion was that some sort of a sadist, twisted person, was the one who put
this stuff in there because no small child could ever have any kind of safe fun in
there. I mean, did they want the children in that neighborhood to be maimed and
killed or what? I mean, the swings don't work right. The teeter-totter doesn't
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teeter, and the climbing thing is just full of places for people to fall off and
basically break their necks. So, I'm hoping that, uh, going right to the top here
you can...you can find out what's happened with that. Thank you very much. I
had one question for the Mayor. Have you ever lived next door to anybody who
had chickens? I know it said in the paper that (laughter)
Bailey: My grandma used to keep chickens, so I'm familiar with the animal.
Dieterle: You are. Okay. Cause I really, there was a lady...there was a man down the
street when I first moved down to Walnut Street that had a flock of chickens, and
I really enjoyed those chickens. They were very nice. I don't think that they
made any trouble for anybody. There was one person on the alley that
periodically complained about the rooster, and um, my friend down the street said
that once in a while when he complained, his chickens had to have R&R with a
friend in the country until the person next door or whenever cooled down. But,
um, chickens...chickens, you know, people getting to know chickens I think
would be a very good thing, because it would, uh, help people realize and get
back in touch with where their food comes from, and I think the way kids grow up
today, uh, it's too easy for them not to see, you know, where their food comes
from and what the realities are of...of, uh, raising, killing, and eating a chicken.
So that's it. Thanks.
Bailey: Thank you.
Wright: Caroline? We did have an extensive discussion about the franchise fee last night
and uh, we...I believe the upshot of our discussion was that we wanted to use any
residual monies from that, um, to avoid debt, further debt for the City, to
avoid...to avoid borrowing when we could, so...
Dieterle: Well, that's a reasonable use too, but um...you know, as I said, and don't say that
here's a slush fund you know that we can use for economic development. I'd
rather have it go to the Library for heaven's sake. Okay.
Shipley: Hi, my name is Jeff Shipley. I'm the University of Iowa Student Government-
City Council Liaison. Uh, I also want to speak about an item which on the work
session last night,. the franchise fee tax increase. Um, and for the benefit of the
public, I thought I'd air the dissenting view of the issue. Um, and while there was
an extensive discussion on the issue, it seemed that the discussion focused more
about how much and when we'll start extracting this money from our citizens,
rather than should we or is this a good idea at all. Um, so the Council did
unanimously move ahead with this issue and no ne even seemed to, uh, hint that
perhaps this tax increase could have been avoided, um, and like was brought up,
this is going to be extremely regressive. It's going to hurt the underclass and
those on fixed incomes the most, and when I, you know, achieved this position, I
was hoping as a liaison I'd be helping, uh, people...easier access to energy. I
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never thought I'd be making energy more expensive and harder to come by. IJh,
and when I did try to present the Council with some ideas for alternatives, uh, it
didn't seem like they were even acknowledged, uh, and to me that just shows kind
of like a lack of creativity on behalf of the Council, and uh, perhaps even a
disregard for the input from the student community. Thank you.
Bailey: Thank you.
Paxton: Hi, my name is Kate Paxton, and I'm here on behalf of the Iowa City Community
String Orchestra. Um, I'd like to present a note of thanks, and uh, my own
appreciation, uh, and thank the Council for the community event funding grant
that was awarded to our organization earlier this year. Um, this is our 30th
consecutive season of making great music in Iowa City, and um, this grant has
helped us out with that. It allows us to continue to offer free family-friendly
cultural experiences to this community. Um, and uh, I'd like to present a note of
thanks to Mayor Bailey, who is...participated with our group earlier this year, and
um, also to invite all of you, and uh, the public to our next concert, which is on
Saturday, uh, November 7th, at 3:00 P.M. at the Englert Theater. Thank you.
Bailey: Thank you. Thank you, Kate.
Cummings: Hi, am I heard okay? Elizabeth Cummings here in Iowa City. I just wanted to
quickly address the, uh, urban chicken ordinance possibility. I attended the
working session last night, and wanted to thank the Council for, um, no matter
what side of the, you know, issue you're on, exercising caution. Because I do
think that it's a pretty complex, um, matter. I don't...I'm not taking a formal
stance either way, but why I'm speaking today is I just wanted to urge the Council
to explore, um...what appears to be a very, um, a stellar free educational resource
to the north of us in Minneapolis. On September 27th, it's on a Sunday, from 12
to 4:00 and um, apparently the twin cities, or at least Minneapolis, has uh, chicken
ordinance there, and they have had some benefits from it, but have had a lot of
concerns too. This, um, 'city chicken care class' provides kind of the pros and
cons of establishing such a ordinance, and if the City is to go through with it, all
that needs to be considered, and I understand that each of you has done your own
research, but from the standpoint of a city that's gone through with this, um, I
understand people have pointed to Madison as a great example, but Minneapolis
is another one, and um, there's a woman there who is run...who runs achicken-
only, as I understand it, uh, rescue because of...partly because of this ordinance.
A lot of chickens are given up after their egg-laying peters out, which is only after
about 18 months, and chickens can live up to 14 years. So, there's a lot of
considerations to make. This isn't just an animal protection type of class, um,
there's experts there from poultry biology and animal science and nutrition,
predator control, um, bio-security, animal to human disease control, that kind of
thing. So I...I think it would be great if someone from the Council could attend
that. I plan to, so if nobody does, I could, you know, give a briefing afterwards.
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Um, I also want to...encourage the Council if they do adopt the ordinance
to approach this from, um, not a purchasing livestock ordinance or a keeping of
livestock ordinance, but rather a... an adoption of, um, a companion animal, uh,
ordinance for the reason...one of the reasons I've already noted, which is that
chickens can live a good deal after their egg-laying ends, and the shelter, which is
already as everyone knows overrun with just cats and dogs, you know, could get
to that point with chickens. I know at this point there's only a few people who are
expressing an interest in actually obtaining a permit, but you don't know where
that will go, so it's just good to be prepared. And, um...I think that's it. So, thank
you.
Hayek: If you wouldn't mind.. .
Cummings: Sure.
Hayek: ...making sure that you send any written (both talking)
Cummings: Written material, definitely! So I just send it to the City Council email address?
Bailey: Yes, please!
Cummings: Okay, sure. Thanks so much.
Bailey: Thanks for bringing that (both talking)
Jones: Hello Council, I'm Charles Jones, uh, with the Greenville Project. I believe I sent
some official correspondence to the City, uh, a while ago on (mumbled) received
a packet. Um, my basic proposal is that, um, house moving be allowed as an
acceptable form of demolition, uh, in regards to the, uh, properties around the
Normandy Drive area. Um, I sort of outlined the pros...some pros and the cons in
the proposal I sent, but literally, um, there's about 30 houses that are about to be
demolished in the next, uh, through the next, uh, bidding process, and that literally
represents 30,000 tons of waste that would be...to the Landfill through
demolition. They could be, um, simply moved to the Mackinaw Village area,
which is nearby, but clearly out of the flood plain. Um, I spoke to the city
engineer about this a little while ago, and some of the...of the concerns he
expressed were, some of the same concerns, sort of, I had initially as someone
unfamiliar with the house moving technology, which was...is really feasible, I
mean, what if, you know, you drop a house, basically, and um, I've gotten to
know Jeremy Patterson. I've gotten to know his company, and he moves around
400 houses a year, and uh, has yet to have a single workman...workman's comp
claim, which can be verified through his insurance, and has yet to have a single
major incident, you know, where he drops a house or a house falls apart while
being moved, etc. So, given the...the potential benefits of a savings of $300,000
off the demolition fees the City would have to pay to a demolition company, um,
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approximately $6,000 in, uh, monthly revenue through 30 nice homes that are
then taxable in Mackinaw Village area. 30,000 tons of Landfill waste, and
literally, um, 3,000 trees that wouldn't have to be cut down to build 30 new
homes. I think the pros outweigh the cons and I'd like to petition that, uh, the, uh,
City allow house moving as an acceptable form of demolition.
Bailey: Do we have any problems in looking into this? With FEMA regulations and.. .
Helling: Um, the...Public Works staff are aware and also Housing, and uh, they're looking
at some of the structures. They're in various states of...of, various conditions,
because of the amount of water they carried for the length of time and so forth.
So, uh, it's possible that some of those houses might, you know, might be in a
condition where they could be salvaged. That's what we're looking into, but at
this point in time, I can't tell you how many that would be, or um, if we could, uh,
how many we could actually arrange to do this...in lieu of tearing them down
based on the constraints, the time constraints from FEMA, so uh, we are looking
into it, um, but a commitment at this point would...would be premature.
Jones: If I may add, uh, FEMA, we have spoken to FEMA and it is an acceptable form
and a fundable form for them to take, as a method of demolition.
Helling: That's my understanding too. In some cases (both talking)
Jones: ...a letter to that effect, as well, through the President of the, um, Historical Non-
Profit, Mr. Rod Scott here, and um, my company and I have actually purchased
and renovated three properties, so we're familiar with sort of the materials
involved. Um, and mainly they're good materials. I mean, a lot of the...basically
the homes were gutted, after it was flooded. So you have the studs, roofing
system, and the foundation, all of which were in pretty decent shape. Um, some
of the homes are even finished. People are living in these homes, and I think it
would be really wasteful and unfortunate to take...take a home that someone's
living in that's...that's pretty nice and just smash and throw it in the Landfill. I
think it would...it would save the tax base a lot of money, save the environment a
lot of cost.
Bailey: Well, Mr. Jones, it sounds like, um, staff is looking into this and exploring this
possibility. So I think it's in the best place it could be, um, for a proposal.
Jones: Okay. Thank you.
Bailey: Thank you.
Westefeld: My name's, uh, John Westefeld. I'm, uh, Chairperson of the Parks and Recreation
Commission. And recently the Commission's been talking about trying to
identify several different ways we can, uh, communicate, um, in some different
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venues with City Council, and we decided one thing that might be nice idea is
occasionally -not at every meeting, but occasionally - a Member of the Parks and
Rec Commission would come and make just a few comments and tell you a little
bit about some of the things that we're particularly focusing on, uh, right now, so
I'm kicking that off tonight and as I said, it won't be every meeting, but we hope
to have someone here, uh, periodically to be able to do this. Just to set a little bit
of context, the current Members of the Commission are David Bourgeois, Lorin
Ditzler, who I think is here, over here. Uh, Maggie Elliott, Craig Gustaveson,
Aaron Krohmer, Margaret Loomer, Ryan O'Leary, Jerry Raaz, and myself, and
also just for the benefit of people here tonight and watching, there will be two
vacancies on the Parks and Recreation Commission beginning in the next, uh,
cycle, so we're always looking for good people, uh, you can apply to be on the
Commission through the City web site. Just a couple comments I want to make
on things that we're focusing on right now. Uh, first on behalf of the entire
Commission I want to thank the Council for supporting the naming of the Sand
Lake, uh, recreation area for Terry Trueblood. Um, I know I and other Members
of the Commission, as well, have received many comments from the public.
They're very appreciative of this, and we thank you very much, uh, for your
support of that. In our last briefing about the Trueblood Recreation Area, Mike
Moran, the Acting Director of Parks and Recreation indicated the hope is that
phase one of that project will be completed around, tentatively, around the end of
November and what phase one will do is actually have an in-place trail around
that entire area, so hopefully by the end of November, uh, that, uh, facility will be,
uh, up and running in terms of people can go there and walk, and get around the
entire...course it's along-range project over a number of years, but we're very
excited about it. I think it's going to be an incredible facility for Iowa City. The
other thing I wanted to mention is the master plan. We're continuing to work, uh,
a lot on the master plan. Every meeting we devote time to it. There's a
subcommittee of the Parks and Recreation Commission, uh, that Lorin has
worked very effectively with to try to put a plan in place for the plan, if you will,
and just a few examples of the kinds of things we're especially beginning to
address. IJh, financial sustainability of Parks and Recreation; uh, facilities and
activities, trying to look at ways to collaborate more with various, uh, segments of
the community; try to look at ways to increase awareness of the public, in terms
of our programs and park system; uh, trying to look at, uh, mechanisms for
increasing the connections between our trails. As I think you know, the...one of
the reports, uh, that we had done in terms of the master plan indicated tremendous
community utilization of the trail system, and so we're trying to identify ways to
connect the trails, uh, more effectively. We're looking to increase our feedback
mechanism for the things that we do, for both parks and the recreation programs.
It's a way to get additional feedback, better feedback, from the public. And
finally, we're looking at ways to try and increase, uh, volunteerism in parks and
recreation. So, those are just a few examples of the kinds of things that we're, um,
going to be addressing. There are many more, but those are some...some of the
areas that we're focusing on, uh, right now. So, thank you (mumbled)
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Bailey: Thank you, John, and thank you for serving on...as Chair of the Commission.
Westefeld: Thank you.
Cohn: Good evening, Madame Mayor, ladies and gentlemen of the Council. My name is
Yale Cohn. Uh, I don't see any, uh, representatives of the police force here this
evening, but I'd like nonetheless to go on record and uh, thank them for their hard
work and, uh, massive slew of arrests, uh, that immediately preceded the last
Council meeting of many of the individuals, uh, that have been responsible for a
lot of the crimes, uh, that have been problematic, uh, throughout the city, but also,
uh, predominantly in the southeast side. I don't know if that, uh, if those arrests
occurred so shortly after the most meeting, if that was coincidental or if perhaps,
uh, the Council elected to redeploy or loosen the leash, so to speak, on the police
force and let them attend to that. In either case, I thank the police force and I
thank the Council for, uh, any involvement they had in that. Um, regarding the,
uh, youth and juvenile delinquency curfews, which are, uh, going to be voted on
later this evening.. .
Bailey: And I would ask that you hold your comments about those items till...when we
consider those items. They are on tonight's agenda.
Cohn: (mumbled) on that. At that point.
Bailey: Pardon me?
Cohn: Speak specifically on that...I think everything else I have to say is ancillary
related to that, so I'11...I'll hold my comments until that time.
Bailey: That would be great. Thank you! Others wishing to address Council?
Farris: One more! Um, Greg Farris, uh, Iowa City Airport Commission. Mayor,
Council, nice to see you this evening. I'll give you a little update on the Airport,
um, as mentioned I think last time we were here, we...because of the construction
two runways were closed and it...closed the runway for about 35 days for fixed-
wing aircraft, but that opened up last Sunday. Unfortunately missing the first
home game, but uh, pretty close, uh, opened up, uh, Sunday afternoon and there
was actually three or four aircraft that landed pretty much right after that and
stayed locally in hotels and came pretty quickly. So, uh, soon as...soon as it was
finished, they were ready to use it. LTh, so that's opened up and we'll finish
construction here hopefully by the, uh, first part of November, which will
complete the project of the, uh, runway rehabilitation at the Airport. The other
thing I wanted to mention we didn't get it in a packet, the Department of
Transportation released the economic impact studies of aviation in, uh, in Iowa
and looked specifically at the Iowa City Airport also. Uh, we'll get this
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information up this week to Council and staff. Just didn't get it in here quick
enough for the meeting, but uh, this is the first study that's been done. I think the
last one was done five or six years ago, and uh, just to highlight a couple things.
They looked at the, uh, the direct and indirect impact that the Airport has on the
Iowa City area and came out to like a little over $11 million in direct and indirect
costs, um, from either projects like the rehabilitation project to the runway, but
local visitors and also the employees that are hired, uh, based on the Airport and
how it works, with something a little bit over 115 jobs directed, uh, either directed
at the Airport or indirectly through things locally. It's, uh, a pretty extensive study
and uh, we'll make sure to get those packets out to everybody, uh, that you can
look at. That's about it.
Bailey: Okay.
Farris: Thank you.
Bailey: Thanks, Greg. Anybody else wishing to address Council on items that aren't on
the agenda tonight? Okay. Then we will move into Planning and Zoning matters.
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ITEM 5. PLANNING AND ZONING MATTERS.
c) CONSIDER A RESOLUTION APPROVING THE
EXTRATERRITORIAL PRELIMINARY AND FINAL PLAT OF
JOHNSON COUNTY EXTENSION SERVICE SUBDIVISION, JOHNSON
COUNTY, IOWA. (SUB09-00006/SUB09-00007)
Hayek: Move adoption of the resolution.
Bailey: Moved by Hayek.
Wilburn: Second.
Bailey: Seconded by Wilburn. I understand from the Planning Director that the fire letter
is here and everything else has (mumbled). Okay. Discussion? Roll call.
Resolution carries 7-0.
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ITEM 6. AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS
NECESSARY FOR CONSTRUCTION OF THE SYCAMORE STREET
FROM LANGENBERG AVENUE TO DEFOREST AVENUE
IMPROVEMENT PROJECT.
a) PUBLIC HEARING
Bailey: This is a public hearing. (bangs gavel) Public hearing is open. Public hearing is
closed. (bangs gavel)
Karr: LIh, I think there are some people here.
Bailey: I'm sorry! (laughter) I just expect people to (unable to hear person away from
mic). I'm sorry!
Wright: She's speedy!
Bailey: I do try to move things along.
Lehman: LTh, I'm Jerry Lehman, and our family owns Prospect Farms, that borders the city
limits down there, and we got a notice on this. I just have a couple of questions and
comments. Uh, first of all, I guess, why is it taking so long? I'm glad it's being
done, but the property that was annexed in 1966, and it's taken this long to actually
make the improvements. My next comment is, um, and the Parks and Recreation
Commission just mentioned that Terry Trueblood Park is going to be open. They're
opening the bridge across the river, which is going to increase the traffic going
south on Gilbert Street, coming up Sycamore. We have the soccer fields that's
owned by the City with no city access to it. They come down County Road. Why
wouldn't they go and complete that road, farther south, because right now you're
going to put, uh, people are going to be inconvenienced closing the road now while
they work on it. Later on it...the extension, it's going to have to be done. Why
wouldn't they do it all at once, is what my question, concern is, and how do you
make this decision, when and how far to go, on making the improvements for
the...because there's other...there's other improvements going on that's all going to
be encompassed and it's going to need to be done at some point, and I would think
sooner than later. Thank...
Bailey: Do we have somebody from Public Works here...to discuss this project?
Helling: Dave is here.
Bailey: Dave!
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Panos: Good evening, my name's Dave Panos. I'm with Engineering Public Works. Um,
just I guess briefly to comment on is...his comment about the timing and...and
doing the (mumbled) now. I think a big portion of this probably as common as
funding, I mean, I'm sure funding is an issue in (mumbled) time as...as...as
probably the most, uh, probable reason why we're doing just a portion of it at this
time. Any further questions about the project?
Helling: Typically we would...we would break those out, particularly in that case where the
other piece is not in the city limits, and...and normally we don't improve, uh, roads
that are not inside the corporate limits of the city. Um, sometimes we will work in
a partnership with the County and sometimes the road maybe...maybe the
corporate line is along the center line or something like that, and so we'll...um, this
is, you know, this project has been in the CIP, the Capital Improvements Program,
for a number of years, and it's a matter of funding and priorities. Um, and it has
been considered and, I believe, it had been pushed back once or twice, uh, in the
interest of other projects that have come up, but that's the main reason why it's
taken, you know, longer than normally it might have. Um...but, it would be a
natural process to break the...the project out between the portion that's in the city
limits and the portion that's outside the city limits. Generally the portion outside
the city limits would have a lower priority.
Bailey: Any questions for Dale or Dave? Okay, other...return to the podium so we can
hear your comments.
Lehman: I guess the City...right now don't they maintain Sycamore Street that's in the
County? Isn't that under their responsibility?
Helling: I believe we do some maintenance on it because of the use, but I'm not...I'd have to
verify that. I'm not sure.
Lehman: Well, I mean, that...we see City trucks, they're the ones that remove the snow.
They're the ones that do the chip n' seal and the other thing is, the City uses that
street to get to the City parks, the soccer fields down there. So I guess my...my
concern is, that is the only access to the City park, or to the soccer fields, is down
the public road, so I would think if you would take a little better care of it, our
concern is, we farm there and we've got the big equipment. During the soccer
season, that's worse than the Iowa football traffic. Every half hour, traffic in and
out of there, and that road, somebody's going to get hurt because it's...the shoulders
aren't there and we've got the bicyclers and the soccer fields. It's a...it's a safety
issue, and if you go ahead and improve that road to the city limits, the speed is
going to be faster coming off that, on that hill right south of Langenberg Lane.
You've got a...you've got a safety issue because of the speed of the automobiles
that are going to be coming down that road. So I think you'd...something you
ought to look into.
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Bailey: Others wishing to comment about this project? During this public hearing? Did
anybody else wish to speak? All right, we'll try this again. I'll close the public
hearing. (bangs gavel) And...
b) CONSIDER A RESOLUTION
Wilburn: Move adoption of the resolution.
Bailey: Thank you, uh, moved by Wilburn.
Wright: Second.
Bailey: Seconded by Wright. Discussion? Okay, roll call.
Wilburn: Took note of the comments, but um, it...when and where we build streets depends
on whether it's on the arterial street plan, uh, our collaboration with the other
entities in the County, um, we have a long list of projects on the...on the, uh, CIP
list and uh, it always comes to a matter of juggling safety and those things are
considered at the time, but uh, there are many people that make safety arguments
related to a lot of projects that we do, so it's a matter of judgment and timing,
trying to (mumbled) budget time, encourage you to pass those comments on again
when we have budget time.
Bailey: Further discussion? Okay, roll call. Item carries 7-0.
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ITEM 8. CONSIDER A RESOLUTION ESTABLISHING ANNUAL PASS FEES
FOR THE THORNBERRY OFF-LEASH DOG PARK AND RITA'S
RANCH DOG PARK. (DEFERRED FROM 8/18)
Champion: Um, move the resolution.
Correia: Second.
Bailey: Moved by Champion, seconded by Correia. Discussion?
Champion: I assume the problems have been taken care of that were in this before? Wasn't
this deferred?
Helling: That's my understanding.
Dilkes: I'm sorry, Connie, I didn't hear your question.
Champion: There was a problem with this resolution. It was deferred the last time.
Dilkes: I believe it's been taken care of.
Helling: I think it was a matter just reviewing it and it hadn't gone through the process yet.
Bailey: Okay. Any further discussion or questions? Roll call. Resolution carries 7-0.
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ITEM 10. CONSIDER A RESOLUTION ADOPTING A COMPLAINT FEE POLICY
FOR CODE VIOLATIONS.
Wright: Move adoption.
Bailey: Moved by Wright.
Champion: Second.
Bailey: Seconded by Champion. Discussion?
Wright: Just like to point out, uh, that this is bringing other complaint policies in line with
our snow and leaf removal policy, and that when, uh, a violation is corrected upon
reinspection, the fee will not be assessed. The fee would only be assessed if it
requires a second inspection with no remediation of the violation.
Bailey: It's really an inspection fee. Not necessarily a fee for making a complaint. It's a
fee for (both talking) inspection fee.
Hayek: Well, actually better put, a failed inspection fee.
Bailey: Yes. Failed the inspection.
Correia: So I know this is...since I'm coming to the end of my Council tenor term, I can
say that it's not going to effect me in the future, but I would appreciate, I mean, I
think it's more effective to have such, um, budgetary policies all happen during
budget proc...during budget time, I mean, closer to when we're having
discussions about it, than...I'm not quite sure why lag time in discussing it six
months ago and it coming to us now, um, it just seems more transparent process,
we understand...it's impact on...on the, on our budget and impact on the General
Fund through out budgeting process. So...just (mumbled) process I think that
works better for transparency and being able to do budget planning around outside
revenue versus what we have then for other General Fund expenditures if it's all
.occurring at the same time.
Bailey: Okay. Any other discussion? Okay, roll call. Item carries 7-0.
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ITEM 11. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TO A THREE-YEAR CONTRACT
WITH CITY CARTON COMPANY, INC. FOR RECYCLING
PROCESSING SERVICES.
Wilburn: Move adoption of the resolution.
Correia: Second.
Bailey: Moved by Wilburn, seconded by Correia. Discussion?
Correia: I want to point out that this does include the option in the middle of the, or at
some point in the contract, to move to the single-stream.
Bailey: LIh-huh.
Correia: Um, and again, this would be then for sort of future planning that, um, the City
will need to do planning to sort of switch out our...vehicles to be able to
accommodate single-stream with the goal of having more households participate
and have less garbage going to the Landfill, and...and uh, some cities have seen a
big increase in participation in recycling when the single-stream goes into place
and it would open up the ability for our rental housing and, um, other multi-unit,
condo associations, to be able to participate in the city system.
Bailey: Yeah, I appreciated the way that the, uh, staff responded to our interest in moving
to single-stream processing by developing this contract with this option. I think it
was a good way to approach it. So...
Hayek: And I don't know who's more disappointed not to be doing (mumbled) Council or
staff, because both were pushing hard to get to this point, but uh, the...the cost
and the logistical and uh, infrastructural, uh, barriers are still just a little too high,
and that's why we're going to proceed this way, but with the option that if this
becomes possible in the next three years to...to do it as soon as possible.
Bailey: And I know that we've heard from a lot of renters and particularly students who
are interested in the single-stream because that would open up the option for
them, and I think this is a discussion we could have at budget time, if the
community is willing to push ahead. There is a cost, but we could talk about what
that cost is, and if we're willing to bear it, to push ahead to, um, to improve our
percentages of recycling, and reduce things that go to the Landfill.
Champion: I think it's also hard for us to judge the percentage of...of recycling, curbside,
since we don't do apartments and um, and condominiums, because I think a
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tremendous amount of people who live in single-family houses or who do qualify
to be, have curbside pickup use all the facilities that we have in town for
recycling. It's very easy to recycle in this community.
Wright: And of course if we had single-stream, it would be even easier because one of the
big advantages to that is that we don't have to sort the recycling into separate
bags.
Bailey: Okay. We're all interested. We'd like to hear from other people who are
interested. We'll move ahead as quickly as possible, and this contract allows for
that. Okay, any other discussion? Roll call. Item carries 7-0.
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ITEM 13. CONSIDER A RESOLUTION AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA CITY
POLICE STORAGE PROJECT.
Wright: Move adoption.
Bailey: Moved by Wright.
Hayek: Second.
Bailey: Seconded by Hayek. For the public's information, our engineer's estimate was,
uh, $271,500, and the...Public Works recommends awarding the bid to Tricon
General Construction of Dubuque, Iowa, and the amount for the base bid and the
alternate is $331,900. We understood last night that there were some difficulty in
the estimate for this, given the location of this storage. So, we feel confident that
this is a good bid. Any other discussion? Roll call. Resolution carries 7-0.
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ITEM 14. CONSIDER A RESOLUTION AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A CONTRACT FOR CONSTRUCTION OF THE FY09
LANDFILL GRADING PROJECT.
Hayek: Move adoption of the resolution.
Bailey: Moved by Hayek.
Wilburn: Second.
Bailey: Seconded by Wilburn. Um, discussion? Just for the public's information, our
estimate, the engineer's estimate for this was $2,900,000. Public Works
recommends, um, awarding this contract to Tom Kueter Construction of Peosta,
Iowa. Their bid was $1,082,004.50 so it came in below the estimate. Okay? Any
other discussion? Roll call. Item carries 7-0.
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ITEM 15. CONSIDER A RESOLUTION APPROVING, AUTHORIZING, AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
THE IOWA DEPARTMENT OF TRANSPORTATION TO JOINTLY
PARTICIPATE IN PROJECT COSTS FOR THE BURLINGTON STREET
/ US HWY 6 BRIDGES FLOOD REPAIR PROJECT (ER-3715(641)-BR-52
AND ER-3715(642)-BR-52).
Hayek: Move adoption of the resolution.
Bailey: Moved by Hayek.
Wilburn: Second.
Bailey: Seconded by Wilburn. Discussion? Roll call.
Wilburn: This is federal, state, and road use tax...dollars.
Bailey: Yes, thanks for pointing that out. It's good for people to know. Any other
discussion? Okay, roll call. Item carries 7-0.
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ITEM 16B. CONSIDER AN ORDINANCE AMENDING TITLE 8, POLICE
REGULATIONS, CHAPTER 6, PERSONS UNDER EIGHTEEN YEARS
OF AGE, TO ADD A NEW SECTION 2, JUVENILE CURFEW TO ADD A
NEW JUVENILE CURFEW ORDINANCE. (FIRST CONSIDERATION)
Champion: Move first consideration.
Wright: Move first consideration.
Bailey: Moved by Champion, seconded by Wright. Discussion? And this means if you
have comments to make about this ordinance, or the consideration of this
ordinance, that you simply approach the podium, state your name, and limit your
comments to five minutes or less.
McKenzie: I'm Theresa McKenzie, and I'm with the Grant Wood Neighborhood Association.
Um, I came here tonight for a couple of reasons. Um, one, uh, Grant Wood
neighborhood really appreciates all the support the City Council has given us in a
number of areas, uh, especially with the PIN grants that..things that allow us to do
positive things for our neighborhood. And, in the last four years since the
neighborhood association's been reestablished, um, our priority was to work
through positive events, classes, workshops, um, in...a number of other, uh, areas,
um, to impact not only the children, the teens, uh, the adults, uh, disabled, and the
elderly, and uh, we wanted to provide a good unity for our neighborhood. Um,
and you know early on we recognized there were some problems in the area, you
know, some crime, but it wasn't, you know, enormous and we thought that the
things that we were going to do were going to make a huge difference, and I think
for some people it did, um, but in respect to the spring, the tremendous increase in
problems, um, crime, um, vandalism, etc., um, we're forced to realize that these
programs probably do work very well in the long run, but there are certain things
that we cannot address in our neighborhood, and we certainly can't police the
neighborhood. And, the...the...the crime is really, you know, got to the point that
it's taken away from the safety of the neighborhood, and you know, if you look at
Maslow hierarchy of needs, you know, shelter, food and safety, you know, people
need to feel safe in order to feel good. And that to live, you know, good lives and
you know, we've go to the point where people all they would do in the
neighborhood was talk about the problems, the safety issues, what went on last
night, and it created such a stressor, and you know, I'm here today to say that as
part of the association that I am in favor of the curfew, and I think, um, Sam
Hargadine had said that it's just one small tool to help take care of the needs that
we have. I don't think it's just about crime either. I think that, you know, curfew
could be alife-saving thing, uh, it could avoid problems like drunk driving, drugs,
uh, fights, whatever, that...that occur when people are, you know, not in the right
frame of mind, and I think it definitely could, um, cut back on some of the things.
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I don't have any statistics to say that's going to happen, but I think there is, for the
overall good of the community, and not just the southeast end of town, that uh, a
curfew is going to be a good measure to assist in achieving safety back into our
neighborhood. So...thank you.
Bailey: Thank you, Theresa.
Roberts: Good evening. I'm Cindy Roberts. I sent all of you an email late August, and I
sent you a follow up letter September 1. Just in case you missed those, I'm here to
put a face to those words, because I think it's really important that you...see a
variety of faces from southeast side of Iowa City. I've lived on Grantwood Street
for over 20 years. I've raised two daughters there who have attended Grant
Wood, Southeast, City. One's still attending City and one in college. It is a
special, special neighborhood, and I love it! Um, granted we're not here just to
say some of the good things about that neighborhood, but when we looked for a
home many years ago, we looked specifically in that area, quite frankly, because
it was affordable, nice housing, and we wanted to move into a house, not be house
poor, and be able to do other things like pay bills and raise kids. We soon found
that there was an additional benefit to that neighborhood. It is such a wonderful
mix. Young families, retired individuals, everyone in between. A variety of
socio-economic backgrounds, which I think is extremely healthy for a
neighborhood. It was the type of neighborhood I wanted my children to grow up
in because there are valuable life lessons to learn in that environment.
Um...Grant Wood School is quite unique in that it's not just a neighborhood
school. It's a community center, and as mentioned earlier, we have a strong
neighborhood association that really is revitalizing itself in part with some
of...because some of the issues that we have experienced escalating in the last
several months. But we're not here to talk about all the good things, because there
are many good things. We're here because we have problems. We have any
number of young adults in our neighborhood that really do connect and want to
connect in a positive way with our neighborhood, and we have any number of
resources for them to do that. The association is one of them. We have
community programs. The school itself. But here's the reality - we have any
number of young individuals who would appear, and I'm being very tactful when
I say this, have no interest in making a positive connection with our
neighborhood, and their behavior shows that. Do you understand that? Their
behavior and their poor choices is affecting the quality of life for all of us in
southeast, and I'm speaking for the Grant Wood area because that's the
neighborhood that I know, and I know these situations are not unique just to the
Grant Wood area. If someone would have told me even a couple of years ago that
I would be standing here, supporting a curfew in Iowa City, I would have laughed
at them. But then, and this is not laughable, I would not have thought that I would
have observed, been confronted with, and read about the number and types of
behavior that is happening in my neighborhood. Most of you don't live in that
neighborhood. When I hear a police chief say that this could be a tool that could
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help his department, then I say let's give him that tool. Is this a quick fix? My
gosh, no! I do think this could be a tool that could help in certain situations. I
heard at your working session last week that one of you phrased the curfew as a
sacrifice for the community. I don't disagree with that. But I want you to keep in
mind that southeast residents have sacrificed the quality of their life, and that
needs to be considered as well. We're here for a variety of reasons, and there are
a variety of issues that need to be dealt with, short-term and long-term. There
have been decisions made in this room by this Council that have not been in the
best interest of our neighborhood. Course that's for another discussion and
another meeting. But I am asking you to give this tool to our city to see if we can
take back part of our neighborhood. And as I've shared in my email and my letter
to you, this is not a southeast side issue. This is a community of Iowa City issue,
because we're not the only ones dealing with some of these things. Thank you.
Bailey: Thank you.
Kampie: My name's Lucy Kampie. Igo to City High. I'm 16 years old, and this curfew, if
passed, is going to affect me. I have never committed any of these serious crimes
that these people have been discussing, and I know they occur, but I'm not part of
that and the majority of my age group is not part of that. But it's going to affect
us all. And, um, I'm going to be 17 my entire freshman year of college, and I plan
on attending the University of Iowa. And that curfew is still going to affect me,
and if I'm studying at the Library late into the night, and there's a possibility of
when I'm walking home to my dorm, of a police officer stopping me and saying,
'You're breaking the curfew,' and there's a possibility that I'm going to be fined up
to $50.00, uh, the first time that that happens, there's a possibility that's going
to...it's going to punish me for simply studying for my final exam. And, uh, I
don't believe that's right, and I wish that the crime that's occurring isn't occurring,
but uh, I don't believe it's right to punish an entire age group for the actions of a
certain...certain group of people. And...uh, the juveniles that are committing
these crimes are willing to commit these crimes and uh, the law is clearly not
prominent in their minds and I don't believe that a curfew is going to change their
views on what is right and what is wrong. And... so, I don't believe that it's going
to change things as quickly or as effectively as many people hope that it will.
Bailey: Thank you.
Sheets: Ladies and gentlemen, City Council Members, students, and fellow citizens, my
name is Kelsey Sheets, and I come before you not to argue, but to plead. My
rights as a citizen of the United States are at stake, and I will not let them go
quietly. The curfew that you are proposing will severely inhibit my actions and
the choices of other juveniles. Your job is to maintain peace and order within the
city, not to punish the innocent. By enacting this curfew, you are cutting the trust
between parents and children, increasing the tension between juveniles and the
police force, and potentially escalating the problem. To my knowledge, the
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majority of the problems are located on the southeast side of town in the Grant
Wood area. I know that the City has increased funding and approved overtime for
police officers to patrol those neighborhoods. By approving this curfew you may
be inhibiting...you maybe inhibiting unlawful juveniles, but you also are
punishing innocent children. It seems that in today's society one wrong apple
kills the entire tree. Twenty students who don't care about their test scores, the
whole school suffers. Fifteen juveniles...who cause trouble at 2:00 A.M. and
suddenly I can't take my younger sisters to the midnight showing of Harry Potter.
And those same juveniles, the ones who walk around and cause trouble, are the
same ones who will be breaking the curfew. They will do it to spite you and to
spite the government. If they're willing to shoot at someone, rob a house, or
simply harass the neighborhood residents, they're willing to be out after midnight.
And if they don't care about going to jail, or those actions, I don't think they're
going to care about a fine. I know that you are frustrated. I know that you want
your citizens to feel safe. I know that you want your neighborhoods to be safe,
and if not for yourselves, then for your children. You have that right, but in order
to get that are you willing to take away mine? If you're not going to do this for
me, then do it for your kids or your grandkids. Do it so they can watch a movie at
their friend's house and not have to worry about coming home late. Do it so their
prom is not a really sad remake of Cinderella. There are other solutions and there
are other ways to fix this, and most people assume that the curfew will fix all
these problems, but it won't. They expect that...they expect that the police will
come rushing when every 13-year-old is caught out of bed, but the sad truth is if
anything the curfew will keep police from more pressing matters. A juvenile
delinquent will never come before a bank robbery or a fire. If anything, the
teenagers will cause trouble just to attract negative attention and they use extreme
methods to escape. I don't live in the affected area so I cannot empathize, but at
the same time I am not the one causing trouble. Don't punish me or the majority
of my age group because you want quick answers. I'm not saying there's no
problem. I'm not saying there's no solution, and I'm not saying this should be
ignored. Iowa City is my home and anything that affects any one of us affects us
all. Do you think that a curfew will actually solve all these problems? And is
punishing the innocent worth stopping the bad guys? Who would win? Who
would lose, and what would the final cost be? Thank you.
Bailey: Thank you, Kelsey.
Finnerty: Good evening. My name is Diane Finnerty, and I have nothing quite so eloquent
to say (laughter) following the two, uh, voices of the youth (mumbled) the youth
leadership in this town. And I also don't come here with the same passion as, uh,
some of the residents who feel their neighborhood changing, feeling fear, um, and
also grieving, um, changes. But what I do come here is, um, to speak to you as
Councilors, and I trust that you will each vote your conscience. You have some
challenges in front of you. You have, uh, different people's demands and interests
in mind. What I do come to ask you as Councilors is that you take the long
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approach, as you think about this, as you vote your conscience. From what I can
tell, and what I've been able to read, there is no empirical...if any, perhaps little
empirical evidence that curfews do anything to deter juvenile crime. What we do
know they result in is increased criminalization of youth of color, in our society,
in our state, and in our community. If the empirical evidence is not there, and
we're voting to protect people living in fear, then I ask you to show us some
different kind of leadership than reactive leadership to put policies in place that
we can see will have both disparate impact on a variety of people that they are not
intended to have impact on. I ask if you vote your conscience of this, given the
evidence, given that we know that quality of life policing measures like the one
that's proposed with this and also the loitering, does increase police discretion.
Increased police discretion with which calls, with which neighborhoods, with
what kinds of fines, with what kind of approach. I ask you as you vote your
conscience, if you are voting in favor of this curfew, that you at the same time
mandate anti-racism for the law enforcement of this town, whether it is about
individual behaviors, whether it's around institutional policies and practices,
whether it is about how to build greater, more trusting relationships with historical
communities, where there has been historical damage by policing and current day
damage, I ask that as Councilors you take the long approach and you mandate
that. I ask you to also think about that for yourself as community leaders. None
of us believe that what is before you if 100% about racism and race. I would also
say none of us in this room believe it is zero percent about racism and race, and if
you have, as I have, followed the blogs, followed the communications in the
media, followed the blurbs and followed the, uh, just the on-the-street
conversations that I've heard. We talk about code word on these issues instead of
in terms of facing them head on and create new policies and new ways of being. I
don't think any of us can stand here and say this has nothing whatsoever to do
with racism and race. I ask you as my leaders of this city that you understand
institutional racism, as well as individual, that you understand the role of policies
like this, that you go on evidence-based practices, versus reactive practices. And
finally, if you vote your conscience, if you do vote for this, I ask you to please at
least consider reducing the fine, um, I don't know all the evidence on this. I've
read some studies that one of the things that happens with that, if you get a fine of
$50.00 you cannot pay, you get into the system, you get a warrant for your arrest,
you're then into the system more deeply if you're doing some kind of either
resistance, that it just puts you further into the system and...and in deed results in
greater charges and even may have the unintended, by this policy. So I thank you.
I thank you for your leadership, um, of this city in all times and for all
neighborhoods, and for all people. Thank you.
Bailey: Thanks, Diane.
Cohn: Good evening. My name is still Yale Cohn, as it was when I approached earlier.
Thought I disagree, uh, with the sentiment expressed by the two young ladies, I
too am very impressed by their thoughtfulness and uh, intelligence and
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willingness to come forward and participate in this, so hats off...to you both!
Um, in opposition to the directly previous commenter, I will stand up here and say
that I believe this has 100% nothing not to do with race, and 100% everything to
do with quality of life and crime, and uh, the...the cries from some corridors
regarding... as I...I expressed this at the last meeting as well, uh, disproportionate
effects on certain people, uh, again, uh, I...I still share the same sentiment I
expressed last time, which was that would have nothing to do whatsoever with the
race, merely having to do with people who are violating certain laws. Uh, as I
said last week, the vast preponderance of people arrested on, not...excuse me, not
last week, last month, uh, the vast preponderance of people arrested for public
intox and/or PAULA violations downtown are white. That has nothing to do with
them being white. It has to do with them, uh, violating those laws. So I just want
to offer some rebuttal to the previous, uh, comment. Also, I see Chief Hargadine
is here, uh, now but I don't know if he was here earlier so I'll just reiterate my
thanks to his department for making many arrests, uh, of some of the individuals
who have brought us to this point, where the curfew is necessary and being
considered. Um, I'm also grateful to the Council for acting and being here today,
uh, just one, uh, session later and being on the cusp of possibly moving to adopt
this. Um, I fear as it stands that the existing awarding of the ordinance is slightly
more complex than it needs to be, given the uh, staggered times, uh, in relation to
age. I think something more uniform would be less unwieldy and easier to
enforce, but I also feel that a...in my opinion somewhat flawed curfew being
passed tonight is a great first step and it certainly can be amended in the future,
uh, possibly with insight, uh, from the very police officers who are tasked to
enforce it. Uh, however, these ordinances really only address the visible or
outward manifestation of I feel a deeper problem that's affecting the southeast
side. As in the language of Councilor Champion, that created the ghetto there,
um, and those issues, uh, have to do I think with the very high density, uh,
number oflow-income, assisted income, public housing, etc., and to that regard I
would very much like to thank Councilor Correia for the, uh, op-ed she had in the
Press-Citizen a few weeks ago because I don't think that there's anything that
could have been written by anyone else, uh, that would have so galvanized, so
very many, many, many people in the community, uh, that are aghast simply at
how the, uh, housing policies have been administered, and the utter lack of
accountability to existing, uh, be they state, federal, or city regulations. Myself
personally I have not, but I know many people in this room and people I've been
in communication with have been in communication with, uh, Mr. Steve Rackis
who is in charge of that, and he's, you know, very eager for any and all citizen
insight, uh, to help stem, uh, fraud, abuse, uh, misappropriation of housing funds,
and the incumbent criminal problems that are dealing with it. So, um, two of the
candidates, um, who are up for, running for election, um, Mr. McCullum and Mr.
Dickens have both publicly expressed, uh, opposition to the creation of any more
additional, uh, high density public housing in that area. I believe other people
who've spoken to you and have written to you, I've read the correspondence, that's
sent to the, uh, Council said that even some of the housing that's been built
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recently, uh, was against recommendations from, uh, the city or state agencies,
um, again, I'm aghast as to why, uh, that (other person talking away from mic)
um...so...I'm, these are related to the creating the conditions that required the
curfew ordinance.
Bailey: Okay, you've got about a minute left.
Cohn: Okay. Sure thing.
Bailey: So please wrap it up.
Cohn: Um... so, I...I think that those people and others are, the curfew ordinance is a
great first step to addressing the visible sign, uh, of these problems, but far
greater, um, and deeper issues have to be addressed that this Council and previous
Councils have helped to create this problem, and uh, I hope that other people who
are elected, um, well, they've pledged to work on this, and...and lastly, given the
myriad of problems that the City's facing presently, uh, in that neighborhood and
others, it's...I find it unfathomable and without any disrespect, almost farcical that
the Council has spent as much time on a chicken ordinance, um, I like chicken. I
eat eggs, but I think that there's far greater and more pressing issues that your
valuable time could be spent upon. Um, and one of the things from the chicken
ordinance was (several talking) this is related! This, excuse me...I wasn't aware
that this was a...this was a discussion, Councilor. Feel...
Correia: On this item.
Cohn: Okay, well, this is related. One of the things, uh, from the chicken ordinance was
that, one of the caveats if it should be passed is that a no from either neighbor
would, uh, preclude the license for a chicken fee, and...
Correia: Why are you letting this happen, Regenia?
Bailey: This is public comment (both talking)
Correia: On this item!
Bailey: ...five minutes.
Cohn: Okay.
Bailey: Let him finish.
Cohn: Are you finished?
Correia: No!
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Cohn: Okay. Well, I'm...I'm almost finished, if you stop interrupting. I would have
been done a few minutes ago. But, uh, one of the caveats was that a no from
either neighbor from someone wishing to have a chicken coop, uh, would be
enough to preclude or stop it from being posted, and I ask that that same policy be
given whenever any additional future public housing, uh, is to be placed, because
if the neighbors can be asked if they would like a chicken coop next to them, they
certainly should be asked, in the language of Councilor Champion, if they'd like a
ghetto built next to them. Thank you for your time.
Bailey: Others wishing to comment?
Robinson: Hi, my name is Janice. I'm a student here at the University of Iowa.
Bailey: Janice, we're going to take a break. We're going to take five minutes.
Robinson: Okay.
Bailey: Thank you for waiting.
Robinson: Thanks for hearing me, um, my name's Janice Robinson. LJh, like I said I'm a
student at the University of Iowa. I'm 21 years old, so this ordinance wouldn't
effect me if passed, um, and I apologize, I do not have anything written out, um, I
just kind of happen to be passing through, but um, I saw that you were speaking
about this topic and I'd read about it a few days earlier in the paper, and it's
something that I feel somewhat strongly about, um, I just for a few reasons I
wouldn't feel comfortable with this ordinance being passed, um, if I were 18 or
under I would be quite, um, upset. I would feel that it was pretty unfair. Um, I
wanted to add my support to what Lucy, or Kelsey, who spoke previously, and to,
um...the woman who spoke, two speakers before me, I don't remember her name,
but um, I do feel like this law, um, this ordinance would be um, see if I can
explain this, um, well. Sort of a preemptive ordinance, um, it would sort of place
a rule, um, or a limitation on people who have not necessarily done anything
wrong, um, hopefully I think the majority of those people would not have done
anything wrong, um, and preemptive rules like that I feel tend to be unfair, just by
nature. Um, there are people 18 and under who do have legitimate business
under, or um, past 10:00 or 12:00 at night, and um, when I was in high school I
was one of those people. I didn't go out and party, you know, I didn't do drugs or
alcohol or anything, but I was a night person, and I usually was out after 10:00 or
12:00 and um, I don't think it's fair to, um, put restrictions on most of the kids
who are out at that time, who aren't out to buy some...buy some pot, get some
cocaine, you know, whatever. I don't even know, but just wanted to add my
support and also I think the woman in the brown shirt who spoke previously has a
good point. I don't think that there really is much empirical evidence, at least that
I know o£ I haven't seen anything that convinces me that this would be the
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solution to the problem that we have, um, that's what makes me most
uncomfortable about it is I'm...I don't feel assured that this would solve the
problem. Um, that being said, I do think there is a problem that needs attention,
that needs something done about it. This...could be a useful tool with a limited
group of people on a limited basis. I think there are better ways to get at the
problem, um, so thank you for hearing me, um, just wanted to add my voice to the
rest of the people who have made their comments. Thank you.
Bailey: Thank you.
Barker: My name is Joyce Barker, and I grew up in a town with a curfew and I won't
dwell on that because it was a long time ago, and nobody I know that I grew up
with was permanently damaged by having one. Um, the curfew is the first step
and a tool to give our police the tools and the reasons to stop someone. If there's a
13-year-old walking down, or in the northside neighborhood that doesn't look like
they're causing any harm, they may not stop them. But a 13-year-old who is
walking in a large group after their time, it gives them a reason to stop them and
find out what's going on. You're giving them the tools to do their job properly.
On that, I would like...to plant an idea for what could come next. The Goose
Creek Heights neighborhood in Davenport has spent the better part of four years
fighting this very problem. And they do have a curfew. In Davenport they have
identified 150 wanted people, and they've only arrested 60. Now they are
partnering with Cedar Rapids and Wellington Heights neighborhood to work
together, and Dubuque is also joining on this effort as 90 of these wanted people
are no longer in Davenport. With all the other major cities in our area partnering,
where does that leave us? Doesn't that leave us vulnerable?
Bailey: Thank you.
Badgett: Good evening, my name is Kenya Badgett, and I too live in the Grant Wood area.
I live on Lakeside Drive. Um, I'm originally from North Carolina, um, and I was
in the military for a while, so I was...my son and I traveled to many different
states, and every state we traveled to we didn't want to stay, but we came to Iowa
and he doesn't want to leave. So, um, I was saddened a little when the, um, issue
arose in our neighborhood, but it didn't frighten me enough to want to pack my
bags and leave. Um, I think the curfew would be a tool for the police department,
uh, but we also need to provide the children with tools so that they can become
more successful, so they make the right choices, um, I don't...I don't necessarily
think that we should implement this curfew, but if we do put forth the effort to
implement this curfew and additional time for the police officers, I think we need
to invest the time and the effort into the children. Um, I don't think this is about,
uh, I don't think that the crime in the neighborhood is about low-income. It's
about being from Chicago, which I guess is the thought that all these kids
involved are from Chicago, so it's not about low-income, it's not about Chicago,
it's not a ghetto over there. It's people living and um, we don't...we don't
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understand what the children, not these children, not those children, not their
children, but the children of Iowa City, we must not understand what they need.
So I think it's important that we figure out what it is that these children need, um,
one bad apple does not spoil the bunch. If I look in my bag and I find a bruised
apple, I'm not going to throw it away. I'm going to cut off the bruise and it's still a
good apple. So, we need to invest the time and the energy into these kids, um,
I've...I've been talking with many folks about boys and girls club in the area. In
North Carolina I grew up, uh, in a boys and girls club and it was great. It got us,
not that we were running the streets, but it gave us a place to go and structure.
Uh, my sister eventually, um, worked for the boys and girls club and she, um,
established one in Mississippi, and she worked in Georgia. She had five clubs
there and they have, um, teen centers that, where they provide...they provide the
programs that the kids in the areas want, and that's...that's the biggest thing. You
can't expect, you know, 16, 17-year-old kids to want to go see Hanna Montana
and you know and call it a social. You need to provide them with what they want.
And they were able to provide these kids with activities, be it late night activities.
If the kids want to be out after 10:00, provide them somewhere to go after 10:00,
um, I don't think that the children, um, created a problem in Iowa City. I think
they revealed a problem in Iowa City that it's growing, um, it's very diverse. I
never expected Iowa City to be as diverse as it is. Um, and I...I only came out
here for the job, and I expected to be out here 18 months, no longer, um, and it's
been three years, and now I've got four more, because my son doesn't want to
leave, but um, it is...it's very diverse, and I think we need to grow with Iowa City
by provide all of the kids in the area what they need and to the young ladies who
spoke earlier, I don't feel that those who are not (mumbled) should be punished
for it, because it is a punishment. My...my son's 13 and he knows if he's not in
when the lights are flickering, he's in trouble. Um, and so...and to that point, it's
not only getting the kids involved and getting them to respect their neighborhood,
because someone else mentioned respect. It is about respect, but, um, to also give
parents in the area, um, what they need to...to manage their kids. Some may need
help with a curfew, but uh, the vast majority of us don't. Thank you.
Bailey: Thank you.
Hamlin: Um, my name's Scott Hamlin. Um, I was going to start with something, but I'm
going to skip it. Um...I grew up in Cedar Rapids. Back then, 10:00 at night there
would be something that came on the TV that said, "It's 10:00. Do you know
where your children are?" Um, there was a curfew back then for us, and uh, I
decided to test the curfew one night, and uh, got caught. Got taken home, and uh,
punished by my parents. I never did it again. So, it is a good tool. It works. Um,
over the weekend in our neighborhood - I live in the Grant Wood neighborhood -
this graffiti showed up (mumbled) off of Sycamore, just south of Highway 6. It's
from a gang called the Serrano 13s. Um, they're known to be in the Davenport,
West Liberty, and Des Moines area. Um, my guess is this is the West Liberty
clan, coming to lay claims to our neighborhood, because they see what's going on.
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Um, so...this ordinance has got to pass. You know, not...just not for the people
of that neighborhood, but for everybody. Before this stuff really gets out of
control. It's, I mean, you guys can have these if you want 'em, to look.. .
Bailey: Give them to the City Attorney and we'll get them distributed.
Hamlin: (unable to hear away from mic) Um, the one thing 1 hear a lot, you know, about
this is like it's a race thing. To us it's not a race thing. It's...it's, uh, a
neighborhood thing. We want our neighborhood back. We want our kids to be
safe. Um, we hear, you know, the kids are bored. Well, you know, they're just
acting up because they're bored. Being bored is not a license to act up or to break
the law. And, besides the kids being held responsible, maybe the parents need to
start being held responsible for the actions of their kids. This...we got together as
a neighborhood, um, had a meeting, this came up as part of the solution, that you
know we offered, so...and our feelings to the Council, you know, be part of the
solution, don't be part of the problem. Thanks.
Bailey: Thank you.
Bogert: Hi, I'm Brennan Bogert and I'm a freshman at Regina, and when I first heard
about this happening it was actually in my journalism class. We were reading
over the article, and I thought it was kind of funny at first, listening to the
responses of my classmates, because I wasn't really sure which way to go on it. I
thought yeah, it might be kind of useful, but then I started thinking about it more
and how it might affect me and my classmates, and my class is just entering
freshman year, and I think that we do have quite a bit of legitimate business out
after dark now. Like the other day we had a cross country meet and we got back
into town at maybe 8:00 and then we went and we watched our friends in their
volleyball game. The game got out at 10:00 and we were all kind of hungry and
nobody's parents really wanted to make dinner, so we decided to go to Panchero's.
I didn't go, but we do that quite a bit, and it's like...if we were to be stopped on
the basis of being in a group, this versus being alone, which sometimes I like to
go on night runs too. It's just a good time to relax and breath, but being stopped
on the basis of how many there are in a group is just kind of ridiculous to me,
cause I think I can promise and the other people can promise that we as an age
group, we won't get into much trouble, if we just have this extra space, because
really it's just very strange to be stopped and asked what you're doing when the
answer is going to get a burrito or going for a jog.
Bailey: Thank you.
Mastain: Hi, my name's Brandi Mastain. I'm sure you're quite familiar with me, um, I do
listen to the comments by the younger...the kids here, but I'd like to ask them
how many of them have heard gunfire while lying safely in bed? How many have
watched violent fistfights in front of their house? How many know to run to the
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back bedroom and sit on the floor in their house? That's what my two sons had to
do, which took away their freedom, in America, to live without violence. My
father once told me, do not judge someone until you've walked in their shoes, and
you've seen what they've seen. Judging's not for us. It's for the big guy upstairs.
But he taught me also if you believe in something, you need to fight for it. I
would like to thank the City Council for addressing the situation cause it is a
serious situation. The problem, you know, with the children running around is
they do get bored, and getting bored caused them to commit a serious crime.
Planning and jumping and hurting an innocent worker because they really had
nothing to do. I have talked to one of the mothers and she is so in favor for
having this tool. I've talked to actually four different mothers, but this one
particular had vested interest in it, because she wants to be able to say to her son
you need to be in at this time, or I can be in trouble, not just you. Some people
this, you know, the curfew's being debated because you know they feel like
minorities are being targeted. And that's not what it is. What it is is minorities,
unfortunately, have been a vast proportion of the crime that's being committed
due to like, you know, uh, the identification, due to videos showing that that has
happened. They took the next dangerous step, is shooting at each other. I don't
know why anybody's not concerned because if they're bored and they're out,
they're going to end up killing one another. And if it...and...a few other ladies
told me, this isn't going to stop with these kids. They're not at a stopping level.
You need to help get them in the home, get them safe, give us a tool. And that's
what...that's something I'm fighting for. Have I paid the price? Oh you bet! A
lot of people don't realize, I have six biracial nieces and nephews. My brother-in-
law's black. He came to my neighborhood and said, "My kids will never come
spend the night here." Because he goes, "I don't want them seeing this. This is
just absolutely disrespectful." And I mean, to sit there and say, you know,
what...what homeowners need is some sort of control their neighbor, some sort of
peace. We deserve to go to bed at night and not be woke up six, seven times, you
know, by kids screaming, kids fighting, kids damaging things. And we really
appreciate the City Council taking this on a serious note. And it is sad that other
people have to pay the price, but why should the homeowners in the Grant Wood
neighborhood and the kids in the Grant Wood neighborhood have to be the only
one to pay the price...for something they have no control over? And, you know,
the meeting they had at the Grant Wood School formed all these committees, let's
get this going. I was all for helping, because you know what, I've never judged
anybody, ever, because it's not my job. I wanted to help, I mean, I have counseled
many teens over many years, and I know how...I've been through trauma myself,
so I know how to deal with kids who've been through trauma. And it's not like,
you know, these...anybody ever called me. They had, they formed one little
thing, maybe this 'yes' thing, but that's it. I've talked to several other homeowners.
They were never called to be on the committee, to try to power together and think
of, you know, in unity, to think of a solution. We never got called. The price I
have been paid is I have been threatened. I've had a lady write in to the Council
saying I had threatened her via the email, or the internet, with no proof. It never
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happened. If I was ever threatened, I'd go straight to the police department and
file a charge. Didn't happen. I've had people tell me I'm being watched. I had
people tell me they're digging through my personal finances. We've been through
enough hell losing our entire business. I don't need where I can't sleep at night
because I need to get a job, but when you're woke six, seven times a night and
gained 30 pounds in one year from the stress of are we going to get shot? Is
someone going to get jumped? Innocent homeowners are being targeted. A lady
told me today she had to build an extra slab on her sidewalk, or, on her house and
a fence because she refused to park her jeep outside her house. It kept getting...it
got damaged four times, you know, she said, "Please tell them, you know, I would
appreciate having some sort of, you know, tool where if I see these kids out, you
know, 3:00, 4:00 in the morning," and it is 3:00, 4:00, 4:30, 5:00 in the morning
that these kids are out, you know, and...and it's not like we want to pick on a
particular minority. We as homeowners feel picked on. We feel hopeless and
helpless that nothing's happening, nothing's helping us, and this is the first tool
that's going to help people, you know, come together, and it's not like the cop's
going to jump out of the car and say, "Oh, you're bad, let's get you out of here." I
think if they see the kids standing in the middle of the street, which we have kids
that gather, you know, 12, 13, 14 kids in the street and won't move for cars. At
2:00, 3:00, 4:00 in the morning. They need to go...they need to be at home.
Cause nothing good happens after, you know, unless you're at a school activity or
a friend's house doing something constructive, not destructive. You know, when I
passed out the surveys, I had...I thought I was the only one at some point that was
dealing with this, but you know I had over 200 surveys come back saying please
help us, and we do appreciate it, and we're sorry that, you know, other people
through the town have to pay the price, but I think we've paid a big enough price.
My family, we have moved. You know, but my husband and I have to switch
staying at our house until my son moves in, and you know, hopefully he can set
his life aside to help us get through this. And it's sad, because that was my home.
I have cried for two weeks, because I had to leave my home.
Bailey: Brandi, would you begin to conclude your remarks, please.
Mastain: So, in conclusion I would like to see this and the juvenile ordinance, you know,
the juvenile law passed where, you know, the kids can't congregate and...and
harass and...and use such vulgar language when someone simply toots their horn
to ask them to move out of the road, because we need to get our neighborhood
back, at least if we could sell our house, you know, we won't lose everything
we've owned. Thank you.
Bailey: Thank you.
Hayslett: Hello. My name is Ros Hayslett, and I live on Grantwood Street. Um, I've lived
here in the Grant Wood neighborhood since 2000, um, in my home now since
2004. Um, I support the curfew, um, I have four kids and I can guarantee you that
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my four kids have had, or have, stricter curfews than what's being suggested here
right now. Um, I don't think...it's my understanding that, uh, curfew violations
aren't going to be investigated unless a call or somebody sees something going on,
that they're not going to be driving around Iowa City hunting down teenagers,
youngsters. Um, I...I've had in the past five years a car stolen at 4:00 in the
morning by two 14-year-olds. It was in my driveway. Should be safe. Uh, we've
had property vandalized. Our family's been verbally assaulted and threatened.
When I moved here in 2000, I moved from Dallas, Texas. This was a nice place.
Now, I can't say that. I can say that I felt safer in Dallas. My kids, they all have
rules. We all should have rules. We all have rules. Everybody does. Now if
we're saying, 'Kids you don't' have rules. You don't have to be in at 2:00 in the
morning.' Why a 13-year-old would be out at 2:00, I have no idea. My 20-year-
old out past 2:00, you call me and I'll come get you, or I'll give you cab money
when you bring...come home. You don't need to be out running around at 2:00 in
the morning! But, these kids don't have rules? When they grow up to be adults,
are they going to follow the rules then? I don't think so. I support it, and I hope
that you all support it too. Thank you.
Bailey: Thank you.
Klitzka: My name's Jane Klitzka, and we started the Grant Wood Neighborhood
Association back in 1992. Um, I've seen, I've lived there for 25 years. Um, I live
on Hollywood. The Mother's Day riot was in front of my house. My husband
couldn't even get home. It was really bad! Um, I want the curfew. I think it's a
good thing. I'm sorry for the kids that it may affect, but you know, something has
to be done, and we have to do it now. We can't keep putting it off. We've got to
show them that we mean business and that we're not going to put up with it. If it
keeps up, it's only going to escalate. It has so far. I mean, it's gone from bats to
knives to guns. Nobody's gotten killed yet, but let's hope that's not the next step.
Thirteen-year-olds do not have...need to be out after 10:00. My parents were
responsible for me when I was growing up, and I grew up here in this town. And,
they knew where I was. They knew where my sister was. I knew where my kids
were. My kids went to Grant Wood, went to Southeast, went to City. My
grandkids are going to Grant Wood. We can't let 'em walk to school. We're
scared. My kids walked to school. My...my grandkids live two doors down from
me. We're scared to let'em come walk down to my house in the evening, early
evening! Why should that be? Now I've lived here 25 years and I'm not about to
move. My husband was in the military. I know different places, and we've lived
all over the United States. I mean, I know different places and different things,
um...I see no rhyme nor reason for it. It's not discriminatory. If you break the
law, you gotta pay the crime. If you're out after 10:00 and you're not supposed to
be, and you're doing something wrong, you gotta pay it. That's the way it should
be. It's the way I was brought up. You do the crime, you pay the time. Now, you
know, some people are saying $50 is too steep. Okay, community service. Go
out and pick up the trash on the side of the road. You pay somebody to do it
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anyway. Have them supervise the kids to do it. They need something. They
need to know that they cannot get away with it. Um, we have to do something.
The curfew is a good thing. I'm sorry. I...I really think it is a good thing.
Bailey: Thank you. Other...if...ifynu want to address the Council, come up to the
podium and use the microphone, please.
Hamlin: Um, I just wanted to add, um, I read the ordinance in the...on the Internet, and I
believe it does address the fact that these kids, it's okay for these kids to be out
after certain times if they have reason, like work, school, and whatnot. So, they
really have nothing to worry about if they're out there for a legitimate reason.
Thanks.
Bailey: Thank you. Others wishing to comment?
Klein: Good evening, Council and...my name's Garry Klein, um, I'm addressing the
Council, uh, in...not because I don't support neighborhoods. I'm a neighborhood
leader over in the Creekside Neighborhood, um, and I believe in the power of
neighborhoods to fix problems. My issue I think is that this is a case of maybe
what a...a French philosopher said, uh, a long time ago that laws are enacted
when civility fails. And that's what I think is going on here. Because to kind of
put a window around this a little bit. On a typical fall Friday or Thursday night,
you find roving gangs of people driving their cars up onto the right-of--ways,
playing their music really loudly, and keeping their neighbors up, well past 10:00,
11:00 at night, and it happens on the east side of town and the west side of town,
and the police don't crack down on it because we call it football. We have
football games, and I'm not making light and I'm not really trying to belittle
what's going on here tonight by saying that. I'm just saying that, uh, there's a
larger point here which is that because we have established social norms and
protocols in our area that we all seem to understand and uh, we sort of go along
with the program, um, I imagine that our police department would find it pretty
humorous if a neighbor called to complain about City High playing West for the
boot, as an example. But, to be clear, this isn't funny to the folks over here in, uh,
the southeast side who are living in fear around their own homes, and I fully
understand that youth need to be parented and failing this can be and are lured
into delinquent behavior...with serious consequences. Um, but this is what I'm
asking you to consider it. This...a curfew...is in many ways a bandaid approach
to a larger problem. And, putting another law or even two laws on the books, um,
with our ability to enforce them is...is asking, I believe, for trouble and a bolder
approach I think is to support the neighborhood in casting a wider net to sort out
the issues that are creating the conflict to begin with, and apply the tools that are
needed. I...I think a really good thing that happened was the meeting that
someone described earlier at Grant Wood School. That was a good start that
stopped. It was sort of a dialogue that was begun but never finished. The meeting
I went to over at the Fairmeadows Park was another example of people trying to
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get together to solve a problem. The problem, it seemed to me, from...as a
witness to that was there were 125 homeowners and...and the renters that
apparently are of issue for many folks weren't there. So I wonder what would
have happened if we had 250 people there instead of the 125. Could something
better have come of it? Um, but I'm...I guess what I'm asking is for this dialogue
to continue in the neighborhood. I'm asking has every stone been turned? To the
City Council, I surely...believe me after witnessing, uh, what some of you
experienced tonight, I have great empathy for your job. It's hard. You're making
choices that are extremely difficult with people who want vastly different things,
but I challenge you actually to push back on the community. Don't let them solve
their problem for them. What they...what I believe needs to happen is for...for
the City maybe to put a resource...that is hire a conflict mediator. Get someone
who can actually get these two parties to work together, and come up with a local
solution. Then if you decide as a tool that a curfew's needed, I hope...or the
loitering ordinance...I hope it's because it's a tool that's been asked for by a large
number of people because they believe it will help them. Um, and I hope
it'll...but regardless of that, if you do this ordinance anyway, I hope these folks
will continue to work with each other because if they don't, the only thing that's
going to happen here is we're going to put minors in the middle of grown-up
problems.
Bailey: Thank you. Anybody else wish to address the Council?
Jones: Is it appropriate to address questions to the Council this term, at this time?
Bailey: We don't typically have a discussion. We'll discuss this item among ourselves,
but if you would like us to consider something in our discussion.
Jones: Okay. Um...
Bailey: Can you restate your name? Just so we have it.
Jones: Oh, it's Charles Jones. I apologize.
Bailey: Thank you.
Jones: Um...my....my question sort of, and not to be answered at the moment, and sort
of so forth, is um, what were the sort of things that lead to these sort of problems?
Who are the social workers that are working on this? What can the community do
to make it better, who doesn't live in this area? Um, I know a couple people who
are doing a couple things, but it seems like it's just too little, too much, and it's
spiraling out of control. Um, if...if the Council or if...the police department
could put together some sort of research report that sort of shows that these causes
created this problem and statistically there are solutions to it that work. I think the
community would really appreciate that. It seems like the curfew is one method
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that perhaps doesn't have a ton of efficacy. Maybe it does. I'm not qualified to
comment on that. But, really some research showing the causes and effective
solutions in similar environments would be very appreciated. Thank you.
Bailey: Thank you. Anyone else?
Correia: Can I read the words of a 16-year-old who lives on Cross Park? Submitted
comments on Friday. We got 'em yesterday, but I don't know, but these words
(mumbled)
Bailey: Okay.
Correia: This is a letter that we received. "Dear Council Members: My name is Bharati
Windman. I am 16 and I live in the Cross Park neighborhood. I'm against the
proposed curfew because I do not think the police should harass people or ask
them how old they are just because they are walking down the street. The
majority of the people in my neighborhood are good kids, and we shouldn't suffer
because a few kids are outside and making bad decisions and doing dumb things.
Those kids should be held responsible, not the whole neighborhood. The curfew
will not do much to change the behavior of those kids. They need guidance from
their parents, not a law that they will probably break. A curfew on the weekend
would be especially hard for kids who want to go outside and enjoy their free
days and would also be a hardship on the parents who have to stay home with
their kids. The police already harass us enough in Cross Park as it is, and the
curfew would only encourage more harassment. It might come to the point where
we don't even want to go outside because of all the harassment. The whole
neighborhood shouldn't be punished because of a few kids who make bad
decisions. We shouldn't suffer because of crimes few are committing. I
personally know some of the boys who have been committing the crimes. Some
of them just want to be followers and act like they are grown adults. We
discussed the curfew at my school, City High, and a lot of kids I talked to also do
not want a curfew. Another reason we shouldn't have a curfew is because the fine
would be hard on the parents. Some kids are rebellious and refuse to listen to
their parents, yet the parents would be fined for their child's actions which they
have no control over. Sometimes punishment is not enough to deter a child, and
parents cannot always control what their children do. If the parents do discipline
the child, DHS may get involved and the parents don't want that, but they also
can't pay the $50 fine. It would be a hardship for these parents who may not have
the money for such a fine. There could also be lots of exceptions to why someone
would have to be out after the curfew, i.e., emergencies, having to go to a friend's
house, and it would not be right to charge someone with a fine for being out late
because they had to be. The police should be focusing on real crimes, not
worrying about kids walking around the neighborhood at night." (mumbled)
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Wilburn: I'd like to...start, um, it's been in the paper. Some of you have known me for a
long time now that I'm not supportive of...a, uh, the City imposing a curfew. LTh,
let me start by saying, um, just want to thank all of you for showing up here
tonight, and all of you that have put the hours and time into concern about our
community and your neighborhoods, wherever your neighborhood happens to be.
Um...a prior speaker said, uh, you know, don't judge, there's only one who judge,
uh, and I think that, uh, you know, and I hope...and I'm confident that everyone in
this room will acknowledge that, uh, everyone in this room, uh, cares about
safety. Everyone in this room, um...we probably can all agree that violence,
violent behavior, and intimidating behavior has no place in our community at any
time. iJh, we're going to reasonably disagree as to whether or not there should be
a curfew and any effectiveness related to people who choose violent, criminal,
intimidating behavior, um, regardless of the hour. Uh, I do live on the south side,
southeast side of town, and uh, like many of you, um, some have been around a
little longer, I have the experience of having some, uh, violent behavior
committed against me. The, about, oh, about seven, ten years ago, um, there was
a drive-by shooting next door to me. I have the experience of, um, hitting the
light, grabbing the phone, low crawling. My military days came back to me.
Low crawling into the closet, and dialing 9-1-1. We all have different reactions
and responses to that. What happened at that time, there were increased police
patrols. Citizens got together, um, in fact Jerry Hanson was one of the people
who got together to rally our neighborhood. Another speaker, um, got together
the start...the Grant Wood Neighborhood Association and those...uh, that getting
to know your neighbors and the Neighborhood Watches were formed at the time.
Unfortunately because of some budget constraints, and some personnel things
that...that, uh, community neighborhood and neighborhood watch that we got
away from that, um, but with that involvement, with people trying to get to know
their neighbors for the purpose of not only bonding, but holding each other's kids
accountable and for those who...who can't or don't, to making the call yourself or
making the call on behalf of your neighbor, uh, to the police, because that
connection and that dialogue and exchange between you the citizens and law
enforcement, and...and the City, uh, will help with those responses, regardless of
whether there's a curfew or not. Um...there's different values at play here. Uh, I
in particular have, uh, the belief and value as firmly as you may that, um, that uh,
that a curfew would be effective. I have the...the opinion and value that it would
not get at the issue. The issue is violent, intimidating, criminal behavior. And,
um, my belief is that a curfew distracts us away from the behavior. Yes, there are
exceptions, and it's actually in terms of some of the, whether it's a school event or
religious event, uh, it's an hour after that event, if it occurs after the curfew. Um,
but...um, there are, um, some of us who believe that we're essentially taking, uh,
in addition to punishing young people who are out for a variety of reasons, and
many of them...most of them not causing problems, whether it's the movie, at the
friend's house, but the fact is, you know, we're talking about judgment and
discretion that an officer may have, and I'm not suggesting, uh, any opinion, but if
it's...if it's, um, when we add that discretion and there's a, we detain a young
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person, um, and if there are problems, you know, you're detaining them longer.
That's the issue you're getting at, there are behaviors, so why not address the
behaviors and criminal, violent, deceptive behavior as opposed to, um, you know,
um...making this, uh, a city-wide impact on those who aren't causing problems. I
think another thing that...that a curfew does is it takes away some, uh, power and
ability from parents who have young people who, um, aren't the violent or
criminal behavior, but there's an interplay, an exchange between teaching our
young people about rights and responsibilities, earning a privilege of being able to
go to a late showing of the movie, to go across town with your younger sister or
brother to visit a friend, and to be able to come back, um, L ..I think that, uh, we
lose that ability, as parents, to...uh, use our judgment and to, um, try to develop
that responsibility and holding our own children responsible for, uh, behavior,
making sure they are not getting into trouble while they are out. Um...you know,
it, um, I think the other thing, part of me feels like, um, you know, that the
conversation about taking back the neighborhood, I think your being here tonight,
some of the ideas that were generated at the meeting, the conversations that have
happened between neighbors and law enforcement, that's all taking back the
neighborhood. I...I feel like, uh, a city-wide curfew, um, gives the statement that
those who are going to choose violent and criminal behavior, that you win.
You're taking away from some of our freedoms. You win. Uh, I think we have
tools. I think our Chief has tools to address this, with the addition of the next
item, which is the loitering thing. I...I will support that. I think those things will
address the issues. Language, that's...we can't control adult's language, so how
are we going to expect, uh, you know, certain kids to control their language. But I
think that between existing tools, and the loitering, um...um, or proposed
ordinance will help create the tools that police need, as long as you continue your
involvement to get to know each other, to continue to stay involved in your
neighborhood, to make the call to law enforcement, and some folks brought up
the ideas that are happening in some other cities. I think that, um, and someone in
the group at the Fairmeadows Park, the idea of some type of beyond a
neighborhood watch but a citizen's watch. I...I think that's an idea that's worth
merit. That's something we continue to do, to explore. I believe what happened
back in 92, 93, um, that we had an appropriate response. Takes a little time with
law enforcement, but other things helped create a foundation for things to calm
down. I think we just need to be diligent and continue, uh, to work at those. I
think citizens need to continue to sustain the effort with the Neighborhood
Associations because uh, you know, when there's crime going on, there's a
tendency everywhere for people to be involved, uh, but the folks that are giving
their time to organize these neighborhood associations, you know, we need to
continue and sustain that effort. LJh, I...I guess, you know, you all know where
I'm coming from. Um, again, I hope that, uh, we can reasonably disagree, those
of you who...who don't, but I do feel that I speak with this...with multiple
experiences and multiple hats on, and uh, we're just going to have to agree to
disagree, if you are a different opinion.
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Bailey: Matt?
Page 43
Hayek: Um...at the outset...let me offer, uh, on behalf of myself, uh, what I would call a
ground rule for discourse on this or any related issue, and I speak for myself, but I
suspect I have the support of the entire Council in making these comments. For
their to be a protective, a productive discussion of this issue or any issues related
to it, the tone that you as speakers and we as Council Members use must be
sensitive, and I would go on to say that I think it is essential, uh, that...that this
public forum, which is one of the greatest characteristics of a free society, be
marked by respect. It's important to keep that in mind. iJh, I appreciate the
sentiments of everybody who has, uh, offered an opinion tonight. Um, and uh, I
want to, in particular acknowledge the young people who have spoken to us. I
was your age and...when I was your age, I had an occasion to address the School
Board on an issue that made, uh, made a big different to me, and it was kind of
similar, and uh, and I know what it's like to be in that situation. It takes courage,
and I applaud you for...for stepping forward, and I applaud, uh, everyone else for
doing the same. Um, I support this ordinance, um, I am the person the other day
who said that this is a sacrifice by the entire community. It is a sacrifice by the
entire community. I...I also view it as an obligation of the entire community.
Um, I'm a reluctant supporter of this. I recognize that it, uh, will impact people
who...actions, um, have not lead us to this point. Um, but I believe uh, that...that
this ordinance will help the police help our neighborhoods. Um, it's as simple as
that. And, uh, if it...helps our police get some young people off the streets and
back home before something accelerates, then it is worth the cost that we will pay.
I'll support this.
Bailey: Thank you, Matt. Any other comments?
Wright: Yeah, I, uh, I'm going to support this as well. Um...I don't like curfews and
I...appreciate the...the comments that we heard tonight about the actions of a few
affecting the entire community, and it...and it's true. Uh, but it does...the key
word there is community, and we are all in this together. I don't think any of us
believe that a curfew is the solution. It is not the solution. It is a small piece in a
puzzle. Um, I believe this is as Matt put very succinctly, uh, this is about safety.
This is about not allowing situations to, uh, accelerate safety both for young
people, and safety for folks out in the neighborhoods. I think the curfew
ordinance that we've put together does have reasonable exceptions. I don't believe
it's punitive, um, it...it is as has been pointed out many times, another tool for our
police to use. I believe they will use it reasonably, and rationally, and...I would
assume that all of us will give them, uh, our support. We need to keep dialogue
going in, uh, across the community to address some of these problems. We're just
starting on the conversations. This is, as I say, this is one small piece of the
puzzle.
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Champion: Well, I'm going to support it also. I think the police have a lot of discretion on
how this law's enforced. I don't think 99% of teenagers are going to be affected
by this curfew. If you're going to an activity, if you're going to work, if you're
going to a friend's house, you're not going to be harassed. Go, go about your
business. LJh, if you get harassed, then call me (laughter). But I don't think you
will. I think there's a lot of discretion on the police. I grew up in a curfew. North
Liberty has a curfew. Coralville has a curfew. We're going to be meeting with
those community leaders tomorrow and hopefully we're going to talk about how
they feel (mumbled) the curfew has had. So this is only the first reading. If they
can convince me that it's not helpful, then I can always vote no again later on. It
is just a bandaid. It's a start. There's other issues in those neighborhoods that we
have to deal with. There's housing issues. There's curfew issues. There's
delinquency issues. There's a lot of other issues that this Council needs to deal
with. This is just the beginning, and you know, maybe the curfew won't have to
be around forever. If we can deal with some other issues. Um, before you all
leave I'd like the Chief, if it's alright with the rest of the Council, to talk about
how this law will be enforced, cause I think you'll be surprised at how much
discretion the police have. I agree with you. Most kids don't need a curfew . My
kids never had a curfew. But they knew when to be home. They knew their
limits. Unfortunately, there are some families who don't have limits for their
children. I don't think I ever had any...I had like four rules for my kids, and I'm
going to tell you what they were. You will let me know where you're at. You
will not use drugs. You will not drink and drive. You will not get pregnant or get
anybody else pregnant. Those are the four rules. (laughter) It's simple,
straightforward. And they're all doing incredibly well, and I think they're very
successful. They all have their own health insurance. That's a big step. But I just
think... sometimes this could be a good rule, too, because kids who are now under
these ages won't grow up thinking they can be out at midnight or 2:00 in the
morning, running around in gangs. So this could also be palliative. It might help
cure a problem that's already been created. It doesn't have to be a permanent
solution, um...you won't be affected. You kids who spoke here. This curfew's
not going to affect you. I did ask that 17-year-olds be disbarred from the curfew,
but I was only one. I don't think as college students you're going to be affected by
it, but you might be. But I'm going to support it, uh, if you have any problems
with it you want to talk to me, feel free to call me or call me at home, call me at
work, but I'm going to support this as a tool. It's just a tool. The police Chief
agrees it's a tool, and I'm voting for it.
O'Donnell: I also am going to support it, um...I don't think it's perfect, and I really appreciate
what the young people said tonight, as well as everybody else. Um, I...we were
talking about police discretion, and I believe strongly in that, because we have a
very fine police department, and they will use, uh, I think great diligence in this.
Um, in the letter that the (mumbled) said police are harassing and you know,
harassment means different things to different people, and it also mentioned real
crimes, and real crime is...is shooting and it's stabbing, and carrying a baseball
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bat. I think this is a tool. I think it will be used effectively, and like Connie said,
nothing's perfect. And I only had two rules. Don't get in any trouble and be home
at 10:00 (laughter).
Bailey: Um, I've asked myself since Thursday if I could be a reluctant supporter of this
curfew, and I've talked to a lot of people and...in the intervening days. I
understand why people are interested in this. This, um, seems to help us try to get
at some behaviors but when I listen to...to proponents of the curfew describe, um,
talk at the podium tonight, they were talking about behaviors. Behaviors that are
already illegal. Whether they happen at 2:00 in the afternoon or whether they
happen at 2:00 in the morning. Our community needs to address criminal
behavior. I agree with Mr. Wilburn. We need to start addressing behavior.
That's what I want our children to learn. That's what I want our adults to know.
It's the behavior that's problematic. It's not the time of day. I know that many of
us were raised with nothing good happens after midnight, but that's not
necessarily true. It's not the time of day. Um, I can't be a reluctant supporter of
this curfew. Um, I'm concerned about the message that it sends to young people.
They're part of our community. I don't want to punish a group of people, based
upon their age. That's a core philosophy of mine. I just...I'm not very
comfortable with things that...that address things, um, people of different ages.
You've heard me talk about the Senior Center. It's the same for a curfew tonight.
Um, so I can't be a reluctant supporter of this. Let's come together. Let's address
the behavior. This is, um, perhaps a good ordinance or a good start, but the good
is often the enemy of the great. Let's go for great. Let's come together as a
community. Let's identify behaviors that are problematic. Let's um, support
our...our police department in addressing those behaviors, in the afternoon, in the
morning, in the middle of the night, and let's...let's focus on, um, looking at the
problems that some of...that have been revealed by this dialogue in the last three
months. So I won't be supporting it. Any further discussion?
Correia: Yes. I also won't be supporting the...this ordinance, and I'm hoping that maybe
we can convince one additional Member to not support this, as well. Um, when
I'm looking at...when I consider what our appropriate or beneficial policies to
enact, to respond to an issue, um, try and look at the big picture, and try and look
at what our current, um, current laws or regulations are in place to respond to, um,
the issues that we're seeing, like Regenia, you just said, and...and Ross said, that
the behaviors that have been talked about, uh, and we have been, um, witnessing
and experiencing in our neighborhoods is behavior that is already, um, against the
law. And there are tools that we already have, that our police department has and
our juvenile court services department, state's department has, to respond to youth
that are engaging in those, um, in those behaviors. And, um, after the August 5th
incident, and when we first started talking about responses, um, a group of us met
with, um, the police Chief. It was a...the juvenile court service's supervisor, uh,
assistant County Attorney, um, a...and two service providers in the community -
one who's operating a mentoring program for youth in the County, um,
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particularly looking at, um, providing mentoring for youth in the...in the
southeast side of Iowa City, um, as well as a new position that has been created
with State funds to act as a liaison between juvenile court system and families, to
try and provide the kind of support that parents need, uh, to be able to work with
their, uh, provide the support that they need to provide to their, um, delinquent
child, as well as to identify what are the other, um, consequences, accountability
measures that need to put in place, um, when parents need that type of assistance.
Um, and we met, and we talked about what can...what can we be doing to
strengthen communication between juvenile court services and the police
department, um, because when we first started talking about a delinquent, uh, a
curfew ordinance, it was that...and the police Chief correct me if I incorrectly
quote you, um, is that a curfew is, you know, 90% of the kids are not doing
anything when they're out late, and it's 10% or less, um, and kids that are involved
in juvenile court and they're on probation, they have a curfew. But we have to put
some...put some...that their probation officer has put on them, we have to put
some communication measures in place so that when the police encounter a...a
young person who is out past that curfew at this point they don't know that that
young person is on probation, has missed curfew and if they could communicate
that with the probation officer, there would be some swift action because they're
violating their probation. When we aren't using that type of a tool, then we can't
respond as quickly to problem behaviors of...of our, of young people. We also
have a strategy of, uh, creating Neighborhood Watch programs and reinstituting
some programs that have been proven to work in the past in our community, and
have been proven to work in other communities. Um, you know, the City Council
had approved a position for Community Prevention officer last year, based on lots
of different reasons that it's hard to, uh, become fully staffed. We...we recently
were able to move an officer into that position. I know the Neighborhood Watch
materials are on order. The, um, Officer Bailey is starting to work with
neighborhood, um, leaders to create neighborhood watch programs. I know that
there's efforts under way to increase community mediation services. Uh,
Neighborhood Centers of Johnson County is trying to pull together an application
to apply for a United Way of Johnson County funding. Um, special funding to
provide some community mediation efforts, um, in...in the neighborhood. Um,
and so I think that there are strategies that are in the works that could be
implemented to address the problems that we're seeing, and that a curfew is not
going to address that and...and I do think that we have a percentage of our
population that feels harassed by the police, and we might not ever have had that
experience. We might not believe that it's intentional in any way, and I'm not
saying that that it is, but I...when I talk with black leaders in the community, they,
um, there is a need for the police to actively work on creating positive
relationships with our African-American community, um, in Iowa City and I
would, um, hope that we could, um, mandate some anti-racism training for our
police department, and pull together black leaders and our police department to
start working on ways of...creating those positive relationships. Um, if we don't
think that our black youth in our city aren't listening to this conversation and
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internalizing it and hearing that...that they're the problem because a few have
committed delinquent acts...we're kidding ourselves. They...they
are....and...and as a teenager we understand (mumbled) developmental some of
us, developmental process of, you know, you feel that you're being targeted and
identified by the actions of a few and...and it creates additional unintended
consequences. Um, and so, um, I will not support the curfew. I will continue to
support all of the other efforts that are under way -the Neighborhood Watch, um,
increasing, um, putting measures into place to increase the communication
between juvenile court services and the police department so we're really
targeting our efforts, um, on responses to behaviors. Um, and to, um, the persons
that are committing behaviors, and having, um, that swift accountability put in
place because we're putting those measures in place.
Hayek: Um, I'll...let me kind of respond and add to that. I...I'm not changing my
position on this, um, but couple of things. First, this is not an uncommon
ordinance for municipalities to have. Coralville, North Liberty, Cedar Rapids are
local communities that have...have curfew ordinances. Um, and many, many
other municipalities throughout the country have...ordinances. Second, uh, it's
important to look at the actual ordinance being discussed by the Council, because
it...I think if you look at it closely you will see that some of the concerns raised
are addressed and in fact avoided, um, by the language. Uh, we...we, uh, it has
been (mumbled) through the work of...of staff, uh, and...and the Council to
provide as much discretion at the police level as possible to, uh, promote a
productive outcome to a situation. Um, and not just throw the book at somebody
necessarily. We have, uh, structured it so that, uh, the judge who would hear a
case, in the event it actually went to a judge and it's not a foregone conclusion that
it would, um, has the discretion of whether to impose any fine. Um, it just can't
be in excess of $50. And, in our juvenile court system, judges have considerable
authority, uh, when they're looking at a given situation, and can bring to bear a
number of resources, public, non-profit, and otherwise, uh, to...to help divert
the...the youth into, uh, programs and...and get that person help, uh, to, uh, avoid
a repeat of this mistake and...and lead to a better and more productive outcome.
And, lastly, we have tailored the curfew hours, um, staggered them, uh, to be as
respectful as we can of the reality that as teenagers grow older, they become more
responsible. And that is why it is staggered so that the older you get the later you
can be out. Um, that is a compromise. In other communities curfews don't have
that. It's a...it's a single time of night and it applies whether you're 10 years old or
17 years old. So I...I think this curfew is thoughtful. It is nearly tailored, and it is
not an uncommon approach to be taken by municipalities. I'll support it.
Bailey: Other comments?
Wilburn: Connie had asked for the Chief to come forward and...I'm just curious, uh, about
uh, the Council being clear on direction to you and your officers, because
discretion has been a term, and I understand other communities use discretion, but
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there's also...you know, Connie had said to the young people here, 'It's not going
to affect you,' well, technically it...curfew does affect you, so...uh, again,
reasonable people disagree, but also reasonable people have different expectations
and understandings, so I think as we move forward, and I'm not necessarily
looking for a comprehensive answer tonight, Chief, but I would hope that, uh,
before third reading as we go forward and...if it appears that there's enough
support for this, unless someone changes their mind as we go on, that we get
some type of memo, um...talking about, discussing how you might implement
this with your...with your staff.
Hargadine: Sam Hargadine, Chief of Police Iowa City. Um, to answer Connie's question.
First of all, the original intent from this ordinance is as a last resort for police
officers. Typically, how I envision it is if there is a group walking home, uh, and
they're walking and it's clear that they're walking home that an officer may roll
up, 'What are you guys doing?' 'We're on the way home.' 'Okay, well, it is past
the curfew. It's time to get home.' That's the original, you know, intent. If things
digress, or if they're already, um, if there's already mischief afoot, as it were, then
we have that tool in our toolbox that would allow us to temporarily detain the
child, um, city-wide, uh, notify a parent, come down get your kid, or drive the kid
home and release to a parent that way. Um, as far as the notion of, um, things just
occurring during the day, that's not what I'm hearing. I'm hearing things like, um,
kids being out at 4:00 A.M., um, cursing at people and causing loud disturbances.
So, I think it does, um, as...as Mr. Wright pointed out, it's not the silver bullet
that...that, um...is going to solve all of our problems, but it is a...it is a starting
point that, um, we need, as a police department need to help address the quality of
life issues, the fear issues in one particular neighborhood. Um, as far as the, um, a
memo. I'm not quite sure what you were getting at, but we're looking at it being
fair city-wide, um, we're looking at involving the parents. It's a tool for us to get
kids back to home where they should have been all along. I...if that, I don't know
how we control, um, the disparity issues there when we're talking about the
behaviors.
Wilburn: Uh-huh. I...I guess I'm just looking for ongoing dialogue with you...um, to help
us understand how each of your officers are going to observe, monitor. You
yourself said when it's clear that someone is on their way home, that's not
always...that's going to look different for each of us. I'm not trying to be (can't
hear) or anything. I'm just...it will be helpful if this passes third reading for us to
have communication to you, uh, what format, how...how often. Is it going to be
part of (can't hear) training that you're going to, uh, communicate to your staff
that we would have a...now have a youth curfew, uh, the, um...the next
ordinance, the standing, loitering, obstruction, that one I think, there's a more...as
I read it, I'm more clear understanding as to what would be observing for, and
how it might be implemented. It's...more nebulous for me in terms of a curfew
and someone out and if it looks or appears as if they're on...their way home. So,
that...that's all I'm asking for.
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Hargadine: I think you also have to keep in mind though that there's the potential of abusing,
you know, authority in any type of arrest situation. And so this is just why you're
giving us one more, um, law to enforce. There's hundreds that we already do.
We've already been entrusted with, and I think we do it quite well. I can't think of
another police department in Iowa that has the statistics tabulated and the
oversight and the...and the reviews that we go through, and the training that, um,
we go through, uh, far above and beyond most other departments in the state.
Wilburn: And all I'm asking for is just keep us posted on how that's (both talking). Okay.
Bailey: Any other questions or comments for the Chief? Um, Joyce, you need to come to
the podium.
Barker: Joyce Barker. I just was wondering, is it possible for me, in light of some of the
questions you guys made, and then some of the questions that were made on this
side, can I pose a question to Chief Hargadine?
Bailey: Um, it might be best done in writing, but certainly.
Barker: Well, I thought it might be pertinent considering the comments (both talking)
Bailey: If he can address it tonight, that would be great. Um, just address it to Council.
He'll hear it and then come to the podium.
Barker: I wasn't sure. I've never had to do it this way before. Um (both talking)
Bailey: It's easier that way. Then there's not back and forth.
Barker: Basically, given...the current situation without a curfew...if the officers who are
well trained, who are out there every night, who know their districts very well...if
they have reason to suspect a group of kids are doing something they shouldn't be,
does he have the tools necessary to find out what they're up to now, and will the
curfew change that and give him the ability to find out what they're up to, if
he...if the officers suspect, because I do believe they know their districts. I do
believe they know their people.
Bailey: And I believe he indicated, yes it would, but I'll let the Chief speak for himself.
Correia: Can I just ask a clarifying question? So is the question like so there's a group of
kids hanging out and like they're just congregating on a corner or you know in a
yard, outside. The police are driving by. Can they pull over, get out, walk up to
them and say, 'Hey guys, what are you doing?' Are they allowed to do that? You
can't go inside someone's house unless you suspect something, but you can sort of
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a community policing approach to policing. You can get out and be on foot, and
interact with members of the public.
Bailey: Chief?
Correia: Is that correct? Is that the question kinda, can you go up and say what's going on,
what are you doing?
Bailey: Let's not get into back and forth. If you would please answer Ms. Barker's
question, and then answer...
Hargadine: Yes. We can ask anybody at any time what are you doing.
Bailey: Okay. Amy, did you have...
Correia: ...community policing.. .
Bailey: And I'm assuming that you often do.
Hargadine: We often do. That's correct.
Bailey: Okay, thank you.
Mastain: One thing I wanted to state real quickly was, um, you know, you experienced a
one-time shooting. We had six in one weekend, so I think that's very important to
know. We have kids, the one kids Alan that got caught with a BB gun told me,
Brandi, don't talk with those boys cause they're carrying guns. Cause he was
looking out for me. He's the one who went after his cousin, you know, tried to get
his bike back, but he warned me what kids to stay away from cause they carry
guns, and when you say the crime happens during the day and night, please, I've
invited you guys all many times, please sit and watch. You know...
Bailey: Brandi, if you have a comment for a specific, um, Council Member perhaps that's
a dialogue that better occurs one-on-one. If you have a comment that you think
would affect the voting, as we've all outlined where our votes are right now, then I
invite you to go ahead.
Mastain: Just a quick question. Is, you know...when you talk about different liaison, you
know, because many...the...the curfew's not the right answer, but I feel it is a
step. When you say, you know, what's been done to address the criminal behavior
for the last three years. The only problem we've had is it's dramatically increased
and I think you need to keep that (mumbled) and check the police blotter to find
out where all the calls are, because you'll find 80 to 90% will be after 10, 11 at
night, of the kids, you know, throwing apples at cars, throwing bottles through
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windows, spray painting buildings, 80 to 90%. And I think that's something that,
you know, please keep in mind.
Bailey: Thank you. We will have second consideration on this ordinance so there will be
additional opportunity, um, this Council always allows for discussion from public
at second and third consideration, but right now we're going to take a roll call vote
on this.
Wilburn: Can I add one comment, Madame Mayor? Um, I was called out on something so
I'd like an opportunity just to address the Council. Council, I brought up one
example. There are other examples of experiences that I've had, and I'd like to go
back to Council Member, uh, Hayek's comment that , uh, you know, Matt and I
disagree on this. Uh, we respect each other's differences. We're not going
to...I'm worse off than you and that type of thing, so um, thank you.
Bailey: Thank you. Any other comments from Council? Roll call. Item carries 4-3,
Bailey, Correia, and Wilburn voting in the negative.
Karr: Motion to accept correspondence.
O'Donnell: So moved.
Wright: Second.
Bailey: Moved by O'Donnell, seconded by Wright. All those in favor say aye. Those
opposed same sign. Motion carries.
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Page 52
ITEM 16C. CONSIDER AN ORDINANCE AMENDING TITLE 8, POLICE
REGULATIONS, CHAPTER 5, MISCELLANEOUS OFFENSES, TO ADD
A NEW SECTION 11, ENTITLED "STANDING, LOITERING AND
OBSTRUCTING PERSONS." (FIRST CONSIDERATION)
Wright: Move first consideration.
O'Donnell: Second.
Bailey: Moved by Wright, seconded by O'Donnell. Discussion?
Wilburn: As I stated earlier, I think this will, uh, provide an additional tool and fill some
gaps in some other areas, so I think, Matt, you brought this up, um...uh, beyond,
uh, incidents that are happening in the street.
Wright: I was actually surprised we didn't have an ordinance like this on the books. I
think it's probably way over due.
Hayek: I think what's interesting is that the...the study we asked staff to engage in
showed us that indeed the majority of the behaviors we were looking at are
already prohibited under existing ordinances, that there were only a couple of
gaps in that body of ordinances, and this...this will fill those gaps, as Ross said.
Bailey: Further discussion?
Badgett: Kenya Badgett again. Um, I did, uh, sit in on the Thursday meeting last week,
and the one concern that I had is that you mentioned the ordinance would pertain
to sidewalks and trails also. Um, getting them out of the street means we can say
okay, now we're making sure that they're safe. But, um, to tell them not to
congregate on a sidewalk means that when...when my son and his friends are
walking down the street, they come into a couple more friends and they want to
stand and talk, now they have to stand in someone's yard. Is that okay? (noise on
mic)
Bailey: They can stand on the sidewalk as long as they don't obstruct, um, passageway of
other pedestrians. Is that correct?
Dilkes: Right.
Wilburn: I think what this is getting at is there's some, uh, young people, and I might add
there's some adults that do this too, that uh, you know, someone's trying to get by,
you're trying to drive by, um, the...stand in your way, give you dirty looks, call
out names, that's what this is intended to address.
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Badgett: I understand the intention. It's just my fear is that, and along with the curfew, that
it is a little too wide open, and um, I have talked to an individual who had this
happen to a niece in Cedar Rapids where she was standing on the sidewalk in
front of her house talking, and she was picked up and charged with, you know,
violating the ordinance. I also think that, um, coming from North Carolina we
didn't have sidewalks. So, I, you know, we walked in the streets, and now you
don't have to walk in the street, you walk on the sidewalk. If you're doing
anything you're on the sidewalk, you're on the trails. Enjoy the sidewalks, enjoy
the trails, and it's more of a respect thing. So I don't think you're teaching the kids
respect saying 'hey we're going to pick you up if you're congregating on the
sidewalk. There are other things that you can do, and the adults should be able to
say to these kids, and I know some are afraid now to say, but I'll tell you excuse
me, I need to get by, please or something like that. If I show you respect, then
you'll show me respect back. But um, I, you know, I do believe that the...the kids
in the street that is a problem. One, you know, they could get hurt, two it makes
me angry and I think if I just bump one then maybe they'll listen, but you know
just a little out of control but um...to keep them from the sidewalks or the trails, I
think should be taken out of that ordinance.
Bailey: Thank you.
Correia: (mumbled) a couple examples from last week and kind of thinking about, and I'm
glad you brought that up, the sidewalks and trails, um, and I...I think, um,
that...that...that we've come (mumbled) in the community where there's
some...there has become through, and I'm not exactly sure the reason, but through
just the way we've been talking about race relations, or not talking about race
relations, some examples about, um, when...whites may feel intimidated when
there's no intimidation intended. I'm going to give an example from, two
examples that I've heard recently. One was, um, someone who works for Big
Brothers/Big Sisters, a woman who lives in the Grant Wood...Grant Wood
neighborhood. She, you know, cause to be a white woman, cause to be, um,
doing home visits on Broadway, she'll come out of like the transitional housing.
There'll be a group of boys, African-American boys, kind of congregating behind
her car. She'll say, hey guys, I gotta go, you know, can you move out of the way?
And they move out of the way. And then, but she hears in the office, maybe other
staff, maybe younger staff, maybe...not as comfortable with diversity, adolescent
boys, African-American boys, I don't know, well I had the same experience, you
know, called the officer to say there's a group of boys behind my car, what do I
do? Ask'em to move out of the way, you know...so that's one example that I
recently heard. The other is from a, uh, African-American professional woman at
the University, Professor who was sharing this story. Went to a movie with a
gentleman. After the movie at Sycamore Mall they walked out to the parking lot.
They kept chatting, you know, they were talking about the movie, they were just
in the parking lot, stopped, talking...um, just behind a car, and she shared in this
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meeting that I was in that, you know, she noticed um, a gentleman, a white
gentleman just sort of pacing, kind of back and forth as she was talking. Didn't
really think of it. They chatted for quite a while, ten minutes, and then they both,
they weren't driving together so they both left, and then she saw the guy...that
was, they were standing behind his car inadvertently, and he didn't feel
comfortable enough to say hey, that's my car, I've got to go. Just walked, you
know, that kind of fear of just saying hey you're in my way, can you...can you
move along, versus intimidation, there's...that's one thing, but to assume people
are loitering, kids are loitering and not willing to move out of the way when
somebody says hey, I gotta get by, um, and...but then when that happens and
there's the intimidation behavior, then we have...then that's addressed, so I mean I
think...I think we should take off the sidewalks and trails as well.
O'Donnell: Don't you think this is more designed for...if somebody comes out and says hey I
would like to leave, and they said no, or go kiss a frog.
Correia: That's what is designed for, Mike, I think that's what it's designed for (both
talking)
O'Donnell: That's what it's designed for, and I think that's how it...how it's going to be used.
Correia: I don't believe that it will be. So...
O'Donnell: Well, but see that's speculation and I guess I have more faith (both talking)
Correia: Speculation based on experience, and (both talking). Well, I know you don't, but
I'm saying...what I've heard. Okay.
Bailey: Garry?
Klein: Well, I was hoping the public, uh, hearing was still open. Because I only have a
very specific part of the ordinance that I really think, um, is of concern to me and
it's in both parts of, uh, part A. It says a violation under the subsection can be
proven regardless of whether a person or a vehicle is actually hindered or
prevented from passing. Now that to me is...that's a wide slot there. That's
saying that, um, that someone who feels like they are being hindered, uh, can say,
well, you're obstructing my way. You know, whether you've done anything or
not. I'll give you an example. Um, bus stop over by the Old Capitol Mall in the
winter time, many of us standing out there freezing our little patooties off, um, but
we're standing there, right, and people are trying to get in and out of the Old
Capitol, and occasionally it's cold so we're a little slow to move and, you know,
someone could say well, you're obstructing my way, you know, uh, officer of the
law, please give them a ticket, you know. iJh, people standing out under the
Englert awning, right after the show. Another example. I mean, these are
possibilities, where, you know, discretion obviously we hope for best discretion,
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but it's possible that the wording, this just leaves the door wide open for a vast
amount of interpretation.
Bailey: Thanks, Garry.
Mastain: I would have to also agree about the sidewalk because it does keep kids out of the
street, you know. I rarely witnessing...I rarely see kids blocking people on the
sidewalk, but I have witnessed Reverend (can't hear) is a reverend that's been
around here for quite a long time, and he also had said he's honked behind kids
and they're cussed him out. They, you know, I watched a lady get verbally or
vulgarly cussed out after beep, beep, you know. It's happening. The streets is
something I think, but the sidewalks I think are something where, you know, these
kids do need to kind of ,you know, find it to stay out of the street, cause I don't
think you can take the sidewalks and the streets away, but it is a very, you know,
that's one thing that happens to all races, you know, whoever's walking ahead of
'em, they're getting cussed out anyways cause there is a really small respect level
on the southeast side of town.
Bailey: Thank you.
O'Donnell: My point is, if...if you're walking down a sidewalk and there's a group of kids
there, 99% of the time the kids are going to step out of the way. They...they will.
For those that don't, that refuse to, and intimidate you, that's what this ordinance is
for. So I just, you know, that's...it's...it's going to be so rarely used, but it's there
if you need it. That's the only point.
Correia: I would make a motion to...delete sidewalks and trails from the ordinance. Is
there a second?
Wilburn: I would second it.
Bailey: Okay, there's a motion and a second to delete trails, um, and sidewalks from the
ordinance. Further discussion on that amendment? And is this something then
we can take up tonight, with the ordinance...okay.
Champion: I'm not willing to make that commitment yet, but I will think about it. I'll have to
give it some more thought.
Hayek: I'm not interested in it, and the point of it is to address public ways. And a trail, a
sidewalk is part of the public way, and as, uh, Mike O'Donnell has noted, and our
City Attorney has noted, this does not come into play when...when the request is
made and...and responded to positively, the individuals get out of the way. It's
when you hinder or prevent persons passing or attempting or desiring to pass.
That's what this is about. And I...I, sidewalks are valuable. Absolutely! But
they are valuable to all people, and when you obstruct or...or hinder or prevent
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#16C
someone from passing on that sidewalk or trail or any other public way,
then...then I think it's a situation that has to be addressed.
Page 56
Wright: Yeah, I'm not going to support the amendment either, um, I...Matt and Mike have
both pointed it out pretty eloquently. It's about obstruction. It's not about, um,
casually stepping aside. Most people can step aside or step around a group on a
sidewalk. It's not going to be an issue.
Bailey: Further discussion? Okay, all those in favor of the amendment say aye. Those
opposed say nay. Okay, amendment fails, um, 6-1, Correia voting for it. The rest
of us voting in the negative. Let's take up the first consideration of the ordinance.
Any further discussion of the ordinance itself? Okay. Roll call. Item carries 6-l,
Correia voting in the negative.
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#20
ITEM 20. CITY COUNCIL INFORMATION.
Bailey: I'll start with Mike Wright.
Wright: Nothing this evening. Thank you.
Bailey: Okay.
Page 57
O'Donnell: Nothing.
Wilburn: I just wanted to say...some of you maybe aware, uh, congratulations to C. Vivian
Stringer and she does have some family here, um, still in Iowa City, former
basketball coach at the University of Iowa for her induction into the Basketball
Hall of Fame, uh, she's the only coach to take four, uh, four different university
teams to the final four in basketball. Just a tribute to her, her professionalism, her
dedication to the sport and to women's athletics.
Bailey: (mumbled)
Hayek: Nothing.
Bailey: Amy? I'd like to congratulate Linda Kerber who was recently inducted into the
Iowa Women's Hall of Fame. Linda is a professor at the University of Iowa and
teaches history, and I think it's awell-deserved honor that she is now in our State's
Hall of Fame, and also like to note that we've had some successful grant
applications. Many...the press releases have already gone out for these, but um,
we had an I-Jobs successful grant for our fourth fire station, and received 50% of
that funding, and then for our north waste water treatment plant, $3.5 million, and
hopes of receiving a little bit more, and just would like to commend the staff,
particularly David Purdy who wrote those grant applications. It was a, um, it was
a new process, and he really tapped into what was needed in those applications.
So...it's great to see funding coming in for those projects.
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