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HomeMy WebLinkAbout2009-09-29 Transcription#2 Page 1 ITEM 2. PROCLAMATIONS. a) Fire Prevention Week: October 4-10, 2009 Bailey: (reads proclamation) Karr: Here to accept the proclamation is Fire Lt. Thomas Lacina. (applause) Lacina: Mayor Bailey and the Council of Iowa City, I would like to thank all of you for the importance that you have placed on the safety of our citizens of this city. The National Fire Protection Agency statistics from across the nation show that someone is injured in a home fire approximately every forty minutes, and roughly eight people a day die in such fires. This proclamation spurs us to service. We at the Iowa City Fire Department are committed to provide public safety education to the citizens of this city, and it is with honor that I accept this proclamation on behalf of the citizens of Iowa City and the Iowa City Fire Department. Thank you. Bailey: Thank you! This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #2 Page 2 ITEM 2. PROCLAMATIONS. b) Mental Illness Awareness Week: October 4-10, 2009 Bailey: (reads proclamation) Karr: Here to accept the proclamation is Nyle Jessen, Co-President, NAMI, Johnson County. (applause) Jessen: Mayor Daily, Bailey, I'm sorry, uh, and City Council Members, uh, I want to thank you for this proclamation, uh, proclaiming mental illness awareness week. There are many activities that we have planned, and the first one is, uh, a photo- text exhibit which is being now held at the US Bank that anyone can go to and see, pictures and uh, text of families who have experienced mental illness, and on October 2nd we will be having a reception from 5:00 to 8:00 P.M. during the art gallery walk. So please stop in and see those photos! Also, on Sunday, October, uh, 4th, we will be having our candlelight vigil and the information I handed out to the City Council is wrong. We are changing, uh, the location. It will be at the Ann Cleary, uh, walkway instead of at the Old Capitol at 6:30 P.M. Thank you very much, and for this honor, and please, please, everyone, remember that mental illness is a treatable disease and to get treatment. Thank you so much. Bailey: Thank you. Champion: I want to comment on the exhibit at the US Bank. It's really incredible to...to read the comments and people should try to see that exhibit. Jessen: Thank you very much. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #3 Page 3 ITEM 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. Champion: Move adoption. Hayek: Second. Bailey: Moved by Champion, seconded by Hayek. Any discussion? Wilburn: There is one public hearing, um...on October 6 on a resolution fixing a date for, um, issuing, uh, parking system revenue bonds, $10 million, but I just wanted to point out and thank our, uh, our finance department, note for the public, that when the City issues, uh, bonds or issues debt to build some of our structures, for example, some of our bigger capital projects, uh, they do keep track of when to issue, do some refinancing type things to save us some money, and in this case, it looks like it will result in a savings of approximately $410,000. Bailey: Thanks for pointing that out! Any other discussion? Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #5 Page 4 ITEM 5. PLANNING AND ZONING MATTERS. a) CONDITIONALLY REZONING APPROXIMATELY 4.29 ACRES OF PROPERTY LOCATED ON WALDEN ROAD, WEST OF MORMON TREK BOULEVARD FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL (RS-8) ZONE TO HIGH DENSITY SINGLE FAMILY RESIDENTIAL (RS-12) ZONE. (REZ09-00003) 1. PUBLIC HEARING (CONTINUED FROM 8/18) Bailey: This is public hearing continued from, uh, August 18th. The public hearing is open (bangs gavel). Okay, we're going to close the public hearing. (bangs gavel) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) (DEFERRED FROM 8/18) Champion: Move to defer indefinitely. Karr: Could...could I have a motion to accept correspondence first? Champion: So moved. O'Donnell: Second. Bailey: Moved by Champion, seconded by O'Donnell. All those in favor say aye. Motion carries. Connie? Champion: Move to defer indefinitely. Wright: Second. Bailey: Moved by Champion, seconded by Wright to defer, um, this first consideration indefinitely. Discussion? All those in favor say aye. Okay. It's deferred. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #5 Page 5 ITEM 5. PLANNING AND ZONING MATTERS. b) AMENDING TITLE 14, ZONING, TO ALLOW COMMUNICATION TOWERS IN THE INTERIM DEVELOPMENT RESIDENTIAL (ID-RS AND ID-RM) ZONES BY SPECIAL EXCEPTION, SPECIFY DOCUMENTATION REQUIREMENTS FOR SPECIAL EXCEPTIONS FOR COMMUNICATION TOWERS, CLARIFY CO-LOCATION REQUIREMENTS, AND ADD A REQUIREMENT TO REMOVE TOWERS AFTER THE USE IS DISCONTINUED. 1. PUBLIC HEARING Bailey: This is a public hearing. (bangs gavel) The public hearing is open. Davidson: Good evening, Madame Mayor and Members of the City Council. I'm Jeff Davidson, the Director of Planning and Community Development. In our discussion of this item, uh, yesterday evening, there were two questions that were raised that I indicated I would attempt to get some information, uh, for you before your consideration this evening. Uh, the first question was, uh, we have provisions that require the removal of obsolete cell towers. Why not provisions for removal of obsolete antennas? The distinction there being between an antenna and a tower. Um, the...the item that you will be considering this evening has a provision to (coughing, unable to hear) towers in industrial zones similarly to towers in commercial zones in terms of, uh, abandonment provisions and this question pertained to why not antennas. Um, I asked the urban planning staff...urban planning division staff to research this, uh, and...and the comments that...that they would have for your consideration are the...there are a lot of different types of antennas. Uh, typically these are placed on tall structures, uh, if you look at the Sheraton Hotel downtown, it's full of antennas up at the top. Uh, some of those are cell phone antennas. Some of them are other types of antennas. Um...the...the locating of an antenna does not require action, uh, through the special exception process with the Board of Adjustment, so if there is an arrangement between a...a, uh, a private tower owner or, excuse me, a private company that wishes to locate an antenna and a private building, the City is not part of that and we, unless we look up there and see it like everybody else, we won't even know that it's there. Um...the antenna are obviously smaller, they're less likely to create issues, and owners are likely to address the abandonment provisions in the lease agreements that they have for these, uh, and...and the City has some of these agreements too on our Capitol Street parking structure. So, basically, uh, be...because of these reasons it has not been deemed necessary to regulate them and that is why we don't have any provisions. Any questions about that? Okay. It...obviously if there was a majority of Council that wished to regulate them, we could take that under consideration. Uh, the other question...was why do we give up a year...why do we give up to a year to remove obsolete towers, why not six months or some other, uh, duration. It was This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #5 Page 6 brought to my attention, uh, that...several years ago there was a committee formed and this seemed familiar to me when I heard it, and I remembered that it was actually a JCCOG committee, when I was the Director of that organization, uh, that...that'd take under consideration formulation of standards for cell phone towers, and then these were presented to all the entities of JCCOG. Well, Iowa City ended up pretty much adopting the standards that were proposed by JCCOG, and they included the one-year, uh, provision. This is a relatively common standard, although there are other examples, as well, uh, which are perfectly acceptable. Um, the one-year period seems like a reasonable amount of time for the owner of a tower to find another potential user before having to, uh, remove it. Uh, it was also brought to my attention by the senior planner that twelve months is the duration used elsewhere in the zoning ordinance to determine that a use has been abandoned. So, um, certainly if there was a majority of Council that wished to modify that we could take that under consideration. Bailey: Thank you. Hayek: Jeff, I have one question about, uh, the strobe lighting issue and...and probably should have asked it last night, but I'm reading the proposed, paragraph 4.a.3., which uh, says strobe lighting is prohibited in residential zones. Does that mean it would be permitted in interim development zones? Davidson: Yes. Um, and typically the...the strobe lighting provision is a function of the Federal Aviation...Aviation Administration. I don't know that there are requirements other than what FAA requires, uh, for the lighting of these towers. Hayek: I mean, I...I could see that being a possible problem, if you've got some interim land adjacent to an existing residential development (mumbled) strobe lights on (mumbled) Davidson: As I mentioned last night, Matt, there are options in terms of painting the tower in lieu of the strobe light. I don't know the details of those provisions, only that there are some alternatives that are possible, because that's a...obviously a higher level of government than we here locally, uh, I'm not sure there are any provisions we can take to not have strobe lights, if in fact one's required by a higher level of government, but there are alternatives in terms of the red-white-red-white painting of the towers in lieu of strobe lights, that at least in some instances can be used as an alternative. Hayek: And... and if they're not required by a... a higher authority, so to speak, the FAA regulations or whatever, um, by...because these are special exception cases, these would be taken up on a case-by-case basis? Davidson: That's correct, yeah, and that is something that the Board of Adjustment in terms of us requiring something like that locally, or prohibiting it, they could take that under advisement. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #5 Hayek: Okay. Page 7 Wilburn: Jeff. I presume the Board of Adjustment would also consider, um, we do, um, we have a certain amount of zoning related to air space, uh, would all of that be, uh, related to the...to the Airport, would they consider other applicable City ordinances, or did they just look at that particular portion of the... Davidson: They really, on a case-by-case basis, Ross, look at...at anything that they deem as applicable. As I stated earlier, the...the FAA requirements are something that we don't have the discretion to...to modify those, but they certainly are part of what if...if for example a strobe light were to be required, uh, or..or even whether or not a tower is allowed or not, um, that's something that we bring in the staff report to the Board of Adjustment. Wilburn: Thank you. Wright: I was just going to add...I think the, as I'm remembering from my time on the Board of Adjustment where we dealt with one of these cases about a cell phone tower, uh, part of the issue of lighting has to do with the height of the tower. Davidson: That's correct. Wright: By and large in the city, are any of them required to have strobe lighting? Davidson: Uh... Wright: Are any of them that tall? Davidson: ...I...I couldn't say, uh, it...it does seem like some of the preexisting cell towers that have been in place for years do have lighting, whether or not it's strobe lighting, Mike, I can't...I can't... Wright: Yeah, some of them just have the fixed red beacon. Davidson: Right. Right. Bailey: Any other questions? Dilkes: Can...can I just note...were you asking about the distinction between residential zones and ID zones for strobe lighting? Hayek: Yeah! Dilkes: Okay. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #5 Page 8 Hayek: Yes. Dilkes: Well, seven...for, in order for a special exception...the special exception criteria for ID zones states in paragraph seven that strobe lighting is prohibited. Hayek: Um...you're right, and I think I was confused by the language of...of, above it, that says strobe lighting is prohibited in a residential zone... Dilkes: Right, and the reason I think those read differently is because, um...because as one says, the following conditions must be met, and the other talking about special exception approval criteria, but in any event... Hayek: So we're covered? Dilkes: ...we're covered. Yeah. Hayek: Okay. Davidson: In that case, the Board of Adjustment could disallow the location based on the strobe light being required. Bailey: Any other questions? Hayek: Thank you. Bailey: Okay. Anyone else wishing to speak at the public hearing regarding towers? McNally: Good evening. Uh, my name is Peter McNally. I'm with a company called The Grinnell Group. Uh, I'm representing the applicant, I-Wireless. Uh, Mayor Bailey and Members of the Council, thank you for your time this evening. Uh, you obviously have spent some time reading this already and I'm always impressed when people come prepared and have dug in, so I will keep my comments brief, but be available to answer any questions. Uh, I-Wireless decided to put forth this proposed amendment because since we've been building out our network in the city, um, what we have found is...is, the demands of the citizens for wireless services is a little bit in conflict with what the code requires. The code was last updated probably six or seven years ago, and let me just sort of give you some...some context for that. In 2003, 3% of the homes in the country had a landline only. So, just six years ago there were only 3% of homes did. As of last May, that number had grown to 20%. Had no landline phone. They were now using only cell phones. There are more now cell phone only homes in the country than there are landline only homes. Another 15% of homes have a landline but they don't use it to call anybody. They use it to get high-speed Internet access. So you've really got 35% of the homes who when it comes to how are they going to communicate to people, they need to use their cell phone. Um, and so as a result of that, we need to be in close to residential neighborhoods. Um, and I think that This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #5 Page 9 sort of jives with...with our own personal experiences. They're not just for talking anymore. When I...when I got into the business 15 years ago it was a rich man's toy. You covered the interstate, you covered downtown, and you were done. Now they're pre-teens taking their cell phones to the park and school and mom and dad want to be able to reach 'em. We need to be able to cover those areas to meet our customers' expectations. Um, so what we have proposed to do, uh, is not to allow them in residential zones that currently exist. Not to open the door on the interim development zones, to allow them by right, but simply in the interim development zones to allow them on a case-by-case basis, uh, through the Board of Adjustment, and I think what we're...the concept really is to sort of...treat them as you do other essential services. Similar to getting water and electricity, uh, landline phones into a development or a residential area before all the homes moved there. Let's do the same thing with the cell phone service. So we don't have to come back and try and shoehorn our way into a neighborhood, um, and I don't have to stand before you with an angry crowd behind me, um, but we can get it ahead of the curve. Everybody knows it's there. We can do a better job of designing it in the first place as well. So, that's sort of the motivation behind it. Be glad to answer any specific questions you have regarding the provisions. Bailey: Thank you. McNally: Great! Thank you. Bailey: Anyone else wishing to comment on this item? Public hearing is closed. (bangs gavel) 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Wilburn: Move first consideration. O'Donnell: Second. Bailey: Moved by Wilburn, seconded by O'Donnell. Discussion? Roll call. Karr: Motion to accept correspondence. Wilburn: So moved. Bailey: Moved by Wilburn. O'Donnell: Second. Bailey: Seconded by O'Donnell. All those in favor say aye. Motion carries. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #5 Page 10 ITEM 5. PLANNING AND ZONING MATTERS. c) REZONING 3,450 SQUARE FEET OF LAND LOCATED AT 611 SOUTHGATE AVENUE FROM COMMUNITY COMMERCIAL (CC- 2) TO INTENSIVE COMMERCIAL (CI-1) (REZ-9-00005) 1. PUBLIC HEARING Bailey: This is a public hearing. (bangs gavel) Public hearing is open. Davidson: Item c on your agenda is a request from the Breese Company Inc. Uh, it is a request to zone from CC-2 to CI-1, to allow use of an existing building for a CI-1 use. This property is located at 611 Southgate Avenue. LJh, this is the corner of Southgate Avenue and Keokuk Street. This, uh, request is, uh, slightly unusual, well, it's quite unusual actually because we have a property which is bisected by a zoning boundary. LTh, you can see quite clearly here...the building right here, uh, this is the former, uh, auto parts store on the corner of...it was painted dark blue, uh, on the corner of Keokuk and Southgate, and as you can see the zoning boundary, uh, goes right down the middle of it. iJh, this is...uncommon, um, the property owner has a business, actually I want to, uh, you can see there the east...the east half of approximately half of the building is zoned CC-2. The west half is zoned CI-1. Um, you can also see the crosshatching, which is proposed to be the new lot line to allow an expansion of the CI-1 side of the building, basically, to allow a use that is only permitted in the CI-1 zone to go into the west half of the building. Now a logical question is why not...why not do the whole building. Um, the reason is that the property owner has requested the more visible, on the corner half of the building remain CC-2. That is a higher traffic volume location where we would expect more likely that a CC-2 use, uh, would locate. The, um...lost my train of thought. Must not have been that important. The, uh, as I mentioned, the...uh, oh, in terms of the Comprehensive Plan. That's what I was going to, uh, mention to you. The Comprehensive Plan calls for this area to be intensive commercial, and it doesn't get any more specific than that, so uh, staff felt, the Planning and Zoning Commission felt, that either CC-2 or CI-1 was an appropriate use for this area, uh, hence the, uh, decision to, uh, recommend approval of the request by the applicant. LTh, so we find that the, uh, requested action is consistent with the Comprehensive Plan and will have little, uh, impact on future development and redevelopment in this area. Are there any questions? Bailey: Okay. Davidson: Thank you. Bailey: Anybody else wishing to speak to this item? Okay. Public hearing is closed. (bangs gavel) This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #5 Page 11 2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) O'Donnell: Move first consideration. Correia: Second. Bailey: Moved by O'Donnell, seconded by Correia. Discussion? Roll call. First consideration carries 7-0. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #6 Page 12 ITEM 6. AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A GROUND LEASE WITH THE JOINT EMERGENCY COMMUNICATIONS SERVICES ASSOCIATION OF JOHNSON COUNTY FOR PLACEMENT OF A MONOPOLE TELECOMMUNICATIONS TOWER AT THE IOWA CITY INDUSTRIAL PARK. a) PUBLIC HEARING Bailey: This is a public hearing. (bangs gavel) Public hearing is open. I'm assuming you're not speaking to this item (laughter). Does anybody wish to speak, um, concerning this item? Public hearing is closed. (bangs gavel) b) CONSIDER A RESOLUTION Hayek: Move adoption of the resolution. Correia: Second. Bailey: Moved by Hayek, seconded by Correia. Discussion? Champion: Regenia, what kind of things are they going to be storing there? (several talking) ....storage. Bailey: Storage... Correia: A tower. Bailey: It'll be support for the tower. In the...in the building, the adjacent building is the equipment essentially. And...and the backup generator, I'm sure. Champion: Okay. Bailey: Okay. Any other discussion? Okay, roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #7 Page 13 ITEM 7. 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. (SECOND CONSIDERATION) O'Donnell: Move second consideration. Champion: Second. Bailey: Moved by O'Donnell, seconded by Champion. Discussion? Wright: I'd like to move to defer until...I just got this backwards, didn't I? (laughter) December the (mumbled) Correia: Second. Bailey: It's already been moved.. . Karr: Deferral takes precedent over. Bailey: All right. Karr: To December 2nd? Wright: December 1st, excuse me. Karr: Okay, December 1st. Bailey: Okay. There's a motion on the floor to defer this to December lst. It's been seconded. Discussion on the deferral motion? Wright: Uh, yeah, and I want to bring this up because I've been a supporter of the curfew right along, albeit a somewhat reluctant one, and uh, that hasn't changed particularly. My reason for asking for a deferral, uh, does not mean that the idea of a curfew is dead. One of the reasons that I've been, uh, supporting the curfew is that we have not had any other solutions coming up from the community, um, and what I'm basically asking to defer for is for another idea that's come up to help manage some of the issues we've had in the community, particularly with youth on the street at all hours, uh, to bloom without the shadow of the curfew hanging over it. We got a letter last week from a gentleman named Henri Harper who is the juvenile court liaison at City High School, and um, Mr. Harper is I think working quite hard to establish what might turn out to be a very good alternative to a curfew, and I would like to see that get a chance. We're heading into the season right now where weather and um, school make a curfew seem This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #~ Page 14 perhaps a little bit less of an immediate need than it seemed to be last summer. Uh, so this is just...this is basically, uh, my request to buy...to get an idea, a little time to be able to bloom, and I think Mr. Harper is here, if you'd like to explain this to...um, Council and the community just a little bit. I appreciate his...uh, his willingness to come out this evening. Harper: Evening Mayor and City Council. Um, my name is Henri Harper and I work at City High School as student advocate and school liaison. I've lived in Iowa City like 12 years and I've worked at City High School 11 years. I'm a little concerned about the direction we were headed and the talk in the community and talking to some of the kids and their families. Iowa City's an amazing place to live and work. However, we are separating others from being included and making decisions within their own neighborhood. And I'm not arguing for or against the curfew, but I wil1...I do believe there are some frustrated individuals, families, on the east side of town. I do feel (mumbled) we are headed for a fight between frustrated kids, police, homeowners, and neighbors, and I would like to avoid that myself. We all agree there has to be rules and laws; however, when you feel a particular law is directed at you, which the students do and the kids do, who will be angry or confused, especially when you're already feeling disconnected from your own surroundings. Some believe they are part of the City, and the language we are using is making things worse. Like 'those people,' 'roving gangs,' I mean, these kids hear that, and they...their parents hear it, and they get...feel like, I mean, if that's the way you feel about us, what difference does it make forme to be...trying to do the right thing? So by talking to some other people in the community, uh, I've...I've talked to a lot of people, and I feel that, you know, there had to be something we could do, and I hear all the time people saying, well, what can we do, what can we do. Well, I talked to some individuals that already work with these families in the community, like, uh, Doug Fern (mumbled) the community liaison, uh, Ann...Annie at the Neighborhood Centers, James Mimms, so by talking to all them, I feel at this point, uh, we'd like to establish a coalition of individuals in the community that's willing...like (mumbled) back to walking the streets and talking to these kids, talking to these families, talking to some of the homeowners so everybody can get on the same page, cause we all want the same thing in the neighborhood. We want the neighborhood to feel safe. We want everybody to feel included, and we want the people to feel that, hey, I'm wanted here. So by doing this, I feel that we all pull together in the neighborhood, I think things can get better. I mean, I...I believe in responsibility and accountability like everyone else, but I also believe all these kids are not making these bad decisions. So, instead of getting into a fight, and start forcing things on kids, forcing people to do something they don't feel they was included in, uh, I'd like to bring 'em all together so we can come up with an idea that we could feel included. Now, we know a lot of these kids and we know a lot of the families. And we believe that by talking to them, and giving them information, and get them to understand how their best interest would be to either go home, get off the street, go do your homework. LTh, for instance you can't ride down the middle of the street (mumbled) talked to them, we explain why it's a good idea This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #7 Page 15 not to be in the middle of the street. I mean, it's the way you present it to 'em, and I feel lot of these kids would, and will, uh, accommodate us, if we include them in the process. So that's my concern and the fact that I've talked to a lot of kids up at City High School, and I've talked to a lot of kids out in the community, cause I live on the east side myself, and...and just listened to what they were saying, and I just saw this storm coming that I...I really like not see happen in Iowa City, cause Iowa City's a great place and I feel at this point these families really feel disconnected to the decision-making. Now, at the end of our efforts, if the Council still feels they want to (mumbled) curfew, then we at least have those families and kids understanding why we need the curfew is because it's good for the community, it's a safety issue, and it's not directed at you. It's a issue that we're doing because we feel that it's best for Iowa City. Right now it's not the case. They feel like the curfew is directly for them, the black youth on the east side of town. Now anyone...a lot of people can't deny the fact that that's the lingo that's been said. Need to get these kids, we need to get east side kids, they're out of control, and...it just makes me sad when we sit and...and we say that quite a bit. We don't think they're going to take that to heart and under...and feel the way they do feel, and I myself would like to try something different. The community as a whole, to bring all these, and work with the Iowa City Police. I mean, I'm sure they're frustrated sometime too, with dealing with some of these things and they could be doing something more constructive somewhere else. So we would like to take this on ourselves, like say we already got the individuals that's willing to, uh, be part of this coalition. We have our first coalition meeting tomorrow at the neighborhood...Broadway Center, at 6:00 P.M., so...and what we plan on doing is cutting up the east side of town into different sections and then...and we as different individuals will be responsible, recruit other people, families in the community, to be part of this coalition. So, that's the effort...that comes from the efforts that I had way back when I used to live in East St. Louis (mumbled). So, it came back because it worked then, and I believe it can work in Iowa City, cause I believe there's a lot of great people here in Iowa City and I believe we all want the same thing. I believe that the homeowners want these same things. The students, the kids, the renters, everybody wants the same thing. It's just that I think at some point we need to stop and breath, and say we don't want to just implement this thing and say, okay, now we're somewhere we don't want to be. We just stop, back up for a minute, and come up with a solution, or try some different things before we go this direction, so we all understand why we are doing this, instead of feeling like it's being forced on me and I had no say so in this, and my kids. There are some single parents over there that, for it, against it. They go back and forth. They want to feel like they had some say in whether or not we had a curfew on the east side of town, and again, I'm not saying we shouldn't. I'm not arguing either way. I'm just saying I'd like to see some other things tried before we do this, so everybody's feeling empowered and...included in this decision, as a city. So, that was my concern, and like I said, I mean, I just feel, and I just want to at least try something before we feel that we need to go this direction, and then if we don't, you know, we all gave it a good shot and we feel that's best for our city, and all residents, that we commit this curfew. So, that's just my little bit, This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #~ Page 16 and, brought some kids with me here, that they were pretty concerned about it too and...I don't know if they want to say anything, but they came because they were concerned about the curfew and...and what was going on also. So, uh, I appreciate you letting me talk (mumbled) the Council and uh, I'm sure you guys will make the right decisions you need to make for the city, but I feel that take into consideration they all want to feel included in this whole decision. All right, thanks. Bailey: Thank you. Further discussion on the motion to defer? Barker: I hadn't planned...Joyce Barker, I hadn't planned on speaking tonight, but I do have one thought about the deferment, I mean, with the up and coming Council changes that may or may not be, you know, at least there's three possible changes. You just defer to December for the second reading, you're going to get caught on the third reading with the change of Council, won't you? Bailey: We have two meetings in December. So we can get through third consideration, should it go that direction, by the end of the year. Calendar year. Barker: I...I guess the other thing that, um...just because you implement a curfew doesn't mean that the police would use it every single time, and so by deferring it and passing it off, um, it's going into the winter. It's going, you know, whatever ...whatever is tried, I mean, we're trying to reenact and reup and reeducate our, um, newer people in our neighborhood about a neighborhood watch, as well, and reeducate, uh, because the older people in our neighborhood have been doing that for years anyway, um, so I don't...nobody else in our area seems to think that it's an issue to be doing both over the winter, you know, to have both, and just because the tool is there doesn't mean the police are going to use it. Bailey: Thank you. Wright: That's certainly one of the points that we were taking into consideration, is that we did not want it to be used (mumbled) Badgett: Um, hi, I guess I came prepared to...argue in a different manner. Bailey: Can you give us your name and... Badgett: Oh, I'm sorry! Kenya Badgett. Bailey: Thank you. Badgett: Um, I came prepared to argue in a different man...manner, you know, against the curfew, but I'm actually for the deferral because I think we (mumbled) Mr. Harper suggested, um, there...I think the program that he's suggested is exactly what we need, um, more involvement from the community, um, in a way that can target the This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #7 Page 17 children that are...that need the help, in the way that they need help, um, and guidance. Um, rather than a...a judicial means to put them into a system that's not going to help them at all. Um, I think there are other efforts going on, um, in addition to what Mr. Harper was speaking of, and I've talked to, um, Amy and Mayor Bailey about Boys and Girls Club and...and other ways to get help, get funding for, uh, different programs in the city. So I think that, you know, I am for the deferral. We need...we need the time, and I don't think implementing the curfew right now is going to...to show anything, you know, six months from now because it is going to get cold. Kids aren't going to be out. Kids are in school now. So six months from now...from now we'll say oh, great, this curfew kept the kids off the street. Summer will roll back around and we'll have the same problems, and we will not have focused our efforts on what really needed to...to solve this problem. So, um, maybe we should again take the time to reconsider, uh, and if in three months, you know, decide to implement the curfew, well, we've implemented the curfew in addition to some other programs that can help. Thank you. Bailey: Thank you. Other discussion...on the motion to defer? Hayek: Um, I'm...unless...Ityant to let the public speak so... Bailey: I understand. Bryant: How ya doing? My name is Jaycee Bryant. I appreciate the opportunity to come here and speak, uh, part of the Iowa City greater community. I definitely support the deferment, um, I support anything that delays this curfew, and uh, ultimately, um, scraps the whole idea, uh, I believe this curfew was in response to something, uh, that the Iowa City community has failed to address, which is, uh, we have to...get these kids involved in something else. These kids are out here....they don't want to be in the house, and they have this time in between school and time to be at home, so do recreational things. Um, but the increase in population with younger people, an increase in diversity as far as ethically. You're going to have people...you know, you have different residents come in. You're going to have high and low income residents that are here and seek a residency, and there's a lot of problems going on. Uh, I don't think that there should be a curfew, uh, you have residents here, excuse me, I have so much on my mind right now, um, first of all, let me back up for a second. I heard about this on the news. It was a response because people had a heightened sense of security, or a lack of security, specifically in the southeast side of Iowa City, Iowa. There was some concern that this was borderline racism, um and I wouldn't say this is racism, but definitely discriminatory, because the area, or the areas that have these behaviors are specifically in areas where there's low income, or there's higher minority population, and younger people. Specifically the southeast side of town, uh, Broadway, uh, Lakeside, Pheasant Ridge on the west side of town and so if this curfew was passed, the people who are doing these behaviors are people in these communities and the police will already have a more of a police presence in these This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #7 Page 18 neighborhoods so these are the children that will be the ones who are, um, the (mumbled) this potential law that's passed, and so therefore it will come out as discriminatory, because these will potentially be the kids who will get caught for these crimes. And like the young lady said, you'll have children in the judicial system who are young and their families paying for a lot of these things that are not necessarily criminal, um, but they're different titled issues. I don't know if this is actually a problem, um, there's different behavioral norms that carry with these people when they come here from different places that the Iowa City community has not addressed. We have not addressed homelessness, um, there's a lot of issues that come with people who look different than us. Um, there's a lot of issues that come with people who are younger and older, so you have a, uh, (mumbled) homeowners and home renters. A lot of people who are home owners think that they have more invested in the community and so therefore they have more say in what goes on in a community. And I would like to argue that a lot of people who are home renters are just as much invested in the community as the home owners, uh, therefore, you know, their ideas should be weighed just as heavily. I'm not sure if the proposed, uh, plan that the gentleman talked about at the Broadway Center will work, but it's a start. And we need alternatives, uh, anything that's possible. Residents who are older, residents that are younger need to come together and open a dialogue, uh, to see what is possible. I don't know what's possible, but the fact that we're deferring this, or it's proposed to be deferred, so we can just sit down and talk is a start. Uh, but there's a lot going on. Uh, like I said, you know, if you're in between 13 and 17, you want something to do with...a lot of younger people who come from different places interact differently, um, a lot of minorities may tend to be out in their communities more. They may interact with one another (mumbled) what the residents...a lot of older residents may not be used to that type of interaction. Uh, therefore making it a problem. Is there really a problem? I don't know. Uh, and so we have to look at that and see, okay, well should we accommodate these older residents because maybe they do have more invested in these communities, but we have to listen to everybody, and so that's something we need to talk about. Um...there's a lot going on. Um, but I don't think that we should propose a curfew definitely. If the curfew is passed...it's just going to give police, uh, more authority to, uh, excessively impose their, like they already have been, but even further. It just gives them free will to do what they want, to harass children, pull them over, just simply ask them how old they are. That's harassment! You can't walk down the street, you know, just go to your house or whatever, you know, we don't need that. Um, I would like to see, if it is passed, uh, you know, police say you know what, it's past the time. You need to get home, instead of slapping them or their families with a $50.00 fine. That's not a solution to the greater problem, which is trying to integrate newer residents with older residents. Find facilities for these kids to go to. If you're not 21, uh, if you don't drink alcohol, if you're not in school, there's nothing for you to do in this town, and so we need to find programs for these children. I mean, we need to find places for the homeless to go. It's a lot of things going on. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #7 Page 19 Bailey: Can you begin to conclude your remarks, please? Bryant: I have so much to say. Bailey: (laughter) I understand! And we want to give everybody a chance, so... Bryant: Right, but I...I appreciate the deferment because we need to continue to find some alternatives to this, uh, proposed curfew, because that's not the solution to the greater problem that's going on in Iowa City, Iowa. Thank you. Bailey: Thank you. Karr: Sir, sir...just a reminder as people speak if you could please sign in and give us your address then we can have it for the record should there be any questions. Bailey: Further discussion? Porter: Hello, my name is Royceann Porter. Very hard...I was not here to speak today, but it was very hard to sit back there and when I heard you say deferment, to me that was a blessing! Um, it is an opportunity and a chance for us, to help out in a community and we've had people step up and say that we need things to do for these kids. Uh, we started a Yes program in the summer, and uh, we're continuing, but um, kids from the southeast side of Iowa City will march in City High School tomorrow. I have, um, at least 75 kids on the unified youth drill team, kids are doing things because I'm trying to keep 'em busy. I'm finding things for us to do. Um, right now the drill team is what we have open. Uh, they're working with us, giving us space for practices, um, kids can come out, dance. Lot of kids say I want to be a part of. I went up to City High School and did a drill team sign up. I had 65 kids sign up just from City High. That's showing me right there that those kids don't have nothing to do. I've done drill team sign up before and probably got 25 kids, but these kids want to get involved. Some the boys, older, be like, well, I don't know how to dance. I say you don't have to dance. You can come and do something else. We'll find something else for you to do. But I thank God that, um, the deferment was announced. I thank God for Mr. Harper, um, to ask me to work with him and be a part of this, because we are the community. We are trying to save our community. I live on the southeast side of Iowa City. I am a homeowner. I have been in Iowa City for 17 years. I come from Michigan. I call home all the home, or I get calls, they buried a 9-year-old in Michigan today. Our town is nothing. When I get these calls, our town is nothing like where I'm from. I came here to better myself, and so when I get the call that a house was kicked in, the door of a house was kicked in at 4:30 in the morning, and three people were shot. A 41-year-old man, a 35-year-old woman, and a 9-year-old little boy in his sleep. They were shot. Funeral today. So I thank God that we're not having to deal with that type of situation. This is little, and we can find ways, I know that we can find something for these kids to get involved. It is not a lot of kids. It was a select group of kids, but I just know This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #~ Page 20 the rest of'em...we got some good kids here and their parents came here to better. They came here to do better. The parents are working. The parents of the kids that did some things go to work every day. Don't know their kid out acting a fool, but I just...I just hope and pray that we will get the deferment, that you will think about it and not judge so quickly, and let us work as a community. Let us, as City Council Members, let us as parents, mothers and fathers, everybody come together. That's all I'm asking for. Thank you. Bailey: Thank you. Further discussion? Harper: LTh, again, my name is Mr. Harper. I...something very important I wanted to say while I was up here a minute ago. What I would like for all the citizens of Iowa City to ask themselves, what kind of city do we really want? I mean, you know, we really need to ask ourselves that when we get into these fear moments that we want to make decisions that will affect the whole city as a whole, and I...I really think that's something we really all need to do at some point, to think about what type of city we want. What do we want for Iowa City? I mean, do we want everybody to feel included, or do we just want to talk about it and wait for something major to happen, then we have a crisis, then we have to come up with some things, then we need to be more preventive, proactive, and bring in the people that can help the city and the police department and everyone else, come up with solutions about...I'm not...they need things to do, but I think they also need to be accountable for some of the stuff that they do do. You know, I'm just one of the people that...I agree with all that, but at the same time, I want them to be accountable for some stuff (mumbled) all making bad decisions get dealt with, the proper way and though they are not (mumbled) and told they are doing well, and we want you here and we want you to be included. So...also I think as a community we need...the curfew I feel is a symptoms of some stuff that's been going on in this community (mumbled) I been here, you know, and it's...I said five years ago it's going to get worse if we don't actually stop for a minute and figure out what the people want to do as a city, and stop cutting up the city - southeast, northeast, west - as a city. What do we want best for the whole city of Iowa City. So I just wish everyone that's involved in this, we stop, jump back, put their anger aside, their frustrations aside and stop for a minute and just ask themselves what type of city do we really want, and what can we all do to make this better and cut out all the finger-pointing, it's their fault, it's their fault. Nobody's doing...we all should be ashamed of ourselves in some ways, because we all should be doing something to try to solve these problems instead of going around and complaining and making everybody the victim. So I...I just wanted to say that, cause this city's extremely important to me. I've been here for 12 years, and I love working at City High School and I love the kids, and I love the whole community. There's a lot of great people in this community, so when I heard all this stuff in the paper and on TV, and I have to ask myself sometimes, is that the same city that I live in? That Iowa City, I mean, just all this stuff just going on. I don't see all that. Ideal with these kids every day. We be talking about stuff, improving, they're getting better, they're growing, and then be truant. No one This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #7 Page 21 seemed to see any of that. I talk to a person in the paper the other day, and I asked, I said all the great stuff that's going on the east side of town with some, a lot of these kids, we don't hear any of that. We hear all...something negative that happens, we get a whole front page and then the answer I got well, that don't sell papers. That made me sad, like, so you're telling me that 's the issue here, the fact that people like hearing this stuff? Well, I don't agree with that. I think people really do want to know when some kids doing some...some great stuff and so...again, if I can say anything that anybody can take away from here would be to stop for a minute and breath, and ask yourself what type of city do you want to have, for Iowa City, and what part you want to play in this, and stop being the negative one and be part of the solution. If you find yourself being the negative one, you need to ask yourself then why am I here? Why am I at this point where I'm not taking part of the solution? So, again, I hope you can all get this figured out so we can move on from this and this become something that we dealt with last year. All right, thanks. Bailey: Thank you. Correia: Can I ask Mr. Harper a quick question? Have you, um, reached out to Officer Jorie Bailey for your first coalition meeting? Harper: He's attending, uh, tomorrow. I talked to him quite a bit up at City High School, and he's onboard and he's excited about it all so... Correia: Very good! Thank you. Bailey: That was a question that came up last night, so (mumbled). Further discussion? (mumbled) deferral. Badgett: Kenya Badgett again. Um, Mr. Harper reminded me of, um, the last time we...we met, um, there was some discussion, a little discussion about the disparity of, um, African Americans in the judicial system and...and um, in Iowa, and I went...went home and I read up on the sentencing project to get more information, and it blew me away to read that Iowa was the worst in the nation. That the statistics were 13 to 1, the odds that an African American would be incarcerated or be in the system, of all the states in the nation, Iowa was the worst, and I'm from the south, so I expected it to be one of the states in the south, and it was Iowa. But, with the discussion going on here, and with the deferment, I really feel that there'll be change. Um, and I think we need the change, and the change needs to start in Iowa City, and then it can spread across Iowa, so that you can...you can turn this around. Um, my son wants to stay here. He wants to go to Iowa State, and after reading the article, I thought...do I actually want to stay here? You know, for a moment I thought, do I want to put my son in the situation where the odds are against him? Do I want him to go to Iowa State and be that great student in engineering and just happen to be in the wrong place at the wrong time and get caught up in the system and never get out. I think that...this is the This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #7 Page 22 point where we make that change. You know, it's...it's that simple to go from last to first. If we can do it in the south, you know, there are no sheets...you know, people with sheets, no nooses here, right? If we can go from what we had in the south...to...to what we have now, um, which you know isn't the greatest, but it's, you know, not last, then I know for sure that we can do it here in Iowa City. And um, if we just take the time, breath, think about the resources that we have here in the community, instead of, you know, pulling the children towards you, go to the kids. Understand what they need. Give them what they need, and then bring them where you want. You can't just yank on...on them to get them where they need to be, and it's 2009, about to be 2010. Some of the...the things that we thought were normal back years ago, they're not the same, you know, times have changed and we need to change too. (mumbled) want us to make sure that we take into consideration where we stand in the nation, and I say we because you know I'm from North Carolina, was in the military, I moved around, but this is home for me, and so I am a part of it, and so I say we can turn it around and um, and make a difference. Thank you. Bailey: Thank you. Barker: Joyce Barker again. I just wanted to...say that, um, I've been listening to the people here tonight and say that...they're starting to see what's going on and they're starting to make a change. What I want to know is where were they when it was all happening, you know, it didn't just start happening with the talk of the curfew. It didn't just start. It's just hitting the newspaper with the curfew a lot more, but it didn't just start. Why weren't these programs, why weren't they trying these things before? Are they just trying it now as a last-ditch effort? I mean, is what it makes me feel like that they're here...trying to...grasp at straws. And trying to change your mind at the last minute. Bailey: Thank you. Klein: Hi, Garry Klein, Iowa City. Um...what I want to appreciate is I'm...I was here two weeks ago for the long, long discussion of the curfew, and what I really want to appreciate tonight are...I've heard at least three different kinds of solutions coming forward tonight, uh, one of which will take a little bit more time, hence the deferral. I'm hearing about a neighborhood watch being reinvigorated. I'm hearing about programs for youth that...so they have things to do. It just seems to me as a neighbor...coming from a neighborhood perspective here that things are starting to...people are starting to work together. Now they maybe working on different things, but they're working toward the same common goal, which is a better community, and I...I can't see how the City Council could possibly be against giving people time for that to work. Thanks. Bailey: Thank you. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #7 Page 23 Fern: Good evening, my name is Doug Fern from The Spot, and uh, I just want to say real quick kinda some of the ideas that we're hearing here tonight, um, to me I get real excited when I hear kind of the possibilities that exist, uh, we see some serious strengths that are in the community. Folks, Miss Porter, Mr. Harper, uh, who live in the community, who...who love the community, who have been actively involved in reaching these kids and doing stuff with these kids for, um, I've been here for about eight years and they were here long before I was, and so um, if you would...I don't know if you guys remember a couple years ago there was an issue with some of the...with tension on some City buses going to and from City High and um, I was involved in some meetings where people were trying to brainstorm how can we, and I don't know if they rerouted or what the ultimate solution was, but I know a real quick fix for the moment was for Mr. Harper to ride on every school bus that was going to and from City High, and um, there was about a week where I believe he did do that, and what...what we saw was kids responding to an individual that they knew was concerned about their best interest, um, an individual that they had a relationship with, and that, um, spent time with them, not just, um, you know, during the week when they're getting paid for it, but genuinely loved them and wanted the best for them, and they responded to that, and so when you have a group of individuals that are from the community, that are, um, pouring their lives into this community and suggesting that they will step it up, again, I mean, Mr. Harper, if you just spent some time with him, or Royce Ann, you will see that just about every minute of their day is consumed with, um, how to help fix this problem, and uh, you see the kids respond to it, and so with them identifying folks in the community that the kids are responding to, and I would echo what you said and what Mr. Harper said, I mean, this is a problem and um, to just...I would say this is an easy way out for us, the curfew, and so I support the deferment, and as much as we can, uh, put that off and try to get to the real problem and allow some of these leaders within the community to...to rise up and to hopefully see some things happen with the kids. There's a ton of stuff that 's really exciting that's going on with the kids. I mean, I went with Royce Ann on a trip where we took some students to Belise and just let them serve, uh, and just watching them come back and learn from that experience. Um, there's a lot of really exciting things that are going on, and I think the problem with, um, allowing the curfew to go into place is that you do kind of isolate a community and kids, and yeah, sure the police might not have...always enforce it, but at the same time, they always can, and um, I just hate to see for some of the kids that we've been working with, um, to be targeted and kind of victimized in that way. So, I just support the deferment and hopefully it will pass. Bailey: Thank you. Denton: Hi, my name is Keshianer Denton and as a teen myself I want to say, um, I am one of the kids out there making positive choices, and joining programs and there is not that adults like the newspapers are barely noticing the curfew and the violence that these teens are doing it's just that now it's barely coming to the papers and people's trying to make changes since our neighborhoods are not This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #~ Page 24 coming together, but now we're saying that we're going to come together and come as one to make a change, and we're making more programs and there are programs and there have been programs for young teens out here so I just wanted to let you guys know that. Bailey: Thanks. Karr: Keshianer, could you please sign in for me? Thank you. Bailey: Further discussion? Wahls: Ladies and gentlemen of the Council, uh, citizens, uh, my name is Zack Wahls. I'm a freshman at the University of Iowa. I'm a Iowa City resident of nine years, and I'm here tonight as a member of the Youth Advisory Commission of Iowa City. The Youth Advisory Commission, uh, was formed by the Iowa City City Council to advise the City Council on issues pertaining to youth in Iowa City, and I can think of no issue more pertinent to the City Council and to Iowa City youth than this issue. I'm here tonight to recommend the City Council against passage of the ordinance, and the Youth Advisory Commission came to this conclusion for three key reasons. First, we believe that the nature of this ordinance is restrictive on not just law-abiding citizens, but also productive young members of our community. Second, we believe that this ordinance would have a negative effect of the stigma associated with law enforcement officials by kids who would be impacted by confrontations mandated by this ordinance. Now, it's not to say the police are going to be going out of their way and to have negative confrontations with children, but the fact is that when you have an us versus them mentality created as it would be by a curfew being implemented that is not a positive association for kids to be...of having when they're in this early, young stage of development, and finally we also thought that there would be a vast inequality of enforcement of the curfew. I grew up on the west side of Iowa City and I feel like I can say curfew would not be implemented equally across Iowa City, and it was for these three key reasons that we decided to recommend the City Council against passage of this ordinance. The Commission voted 4-0, uh, there was no dissent. We all felt this was the best course of action, and I would also like to point out that the Commission's stated purpose as crafted by this body is to allow a select group of youth to help make decisions concerning them and their peers. So we ask that you listen to us. Hear our voices. You gave us the power to make this recommendation, and we ask that you heed it. Thank you. Bailey: Thank you. Further discussion? Discussion among Council Members? Wilburn: I want to, um, first I want to thank Michael for considering, um, and putting forward the deferment, um...I know that, uh, as this process has come along, you were...had been in support of a curfew ordinance, um, I have been against that. The last time this was...when we took first consideration; um, I thank the public on both sides for coming forward with your ideas, your concern, uh, some folks in This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #7 Page 25 the neighborhood had gathered together to have a meeting at the...at the park, and several ideas came up then. (mumbled) slight...slightly disagree with something that, uh, and I don't think he meant it this way, but there have been other ideas out there. It's just some of us agree with, some we disagree with, and the curfew happened to be one that I disagree with. Um, the notion that, uh, another example of an item that came forward from the group that met at, uh, Fairmeadows Park over by, uh, Grant Wood Elementary, was this idea of, um, well, one was reinvigorating the neighborhood watch through the community service officer that we have, um, the other idea was some type of citizen patrol, getting out walking, talking to, so that idea has come up and now there's a group that's come forward that says they're willing to try and make that happen. So, um, hopefully, um, well...with the deferral that will give us some time for some more bridges to be formed, people to come together with this notion and this idea, um...one of the things as a, uh, Council Member that I want to point out that we try not to forget, but encourage you all to forget, uh, regardless of what point in the process we are, it takes courage to stand up in front of the community, your neighbors especially, uh, when you may have a agreement on the broad goal. We all want to live in a safe community. But some disagreements on how we get there. So, um, I don't want us to lose sight of the fact that, uh, it takes courage to, I mean, we put ourselves here, um, to..to run for office, but...but all of you, again, on both sides, whether you agree with curfew or not, whether you agree with a deferral or not, we acknowledge that it takes courage to come up and...and hope, and encourage you all to recognize that, um, in each other. I'm not going to add to my reasons to object, but I would, uh, like to see this yet again. Another idea that has come forward, uh, to helping, uh, take a positive, proactive way to, uh, work towards the goal of a safe community, um, as opposed to one that I feel is a, uh, a reactive one. Bailey: Thanks. Further discussion? Hayek: Um... Champion: Well, I certainly agree that the, um, curfew was reactive, reactive to some very bad situations going on in this community, and if one thing, the possibility of a curfew did was bring the neighborhood, a group of neighborhood people together to find another solution, it will be well worth it. I'm certainly willing to give the people who are coming together to get the neighborhood together to create some solutions to the problems, I'm willing to support. I'm not giving up on the idea of a curfew, but I am willing to defer it, to see if other ideas come forward and other people put some energy into this. I really appreciate you all coming tonight. Hayek: Um, I...I'm not interested in a deferral, uh, of this, um, I, um, I...I articulated two weeks ago why I support the curfew and that hasn't changed. What it comes down to is what the police (mumbled) neighborhoods and they have our parents that have asked for this, um, and...and I welcome the community-based, uh, activity that we're seeing and...and you're right, Connie, that is a silver lining to This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #7 Page 26 the last several months, is that this is occurring. I had spent two years as a community, as a volunteer community organizer, uh, nearly 20 years ago and I...I believe firmly in the power of community organizing and the ability to effect positive change in...in your surroundings, um, I totally support that and I think that can compliment some of the actions that the Council is...has talked about, uh, thus far, so I do not view them as an either/or, um, I view them as complimentary approaches. Um, and ultimately this curfew for me is...it is balanced. It, first of all, it applies community wide. Second, it...it is reasonable as to the time of day, I mean, there are other curfews that start much earlier in the evening. This...this is not a particularly early curfew, uh, and it recognizes that as children get older, uh, we can, uh, assume they can take on more responsibility, which is why there's a graduated, uh, graduated system for it, and... and, you know, I guess my last point is that this is not an uncommon approach for cities to take, and in eastern Iowa alone, Davenport has a curfew, Bettendorf has a curfew, Cedar Rapids, Waterloo, uh, North Liberty, Coralville, all have curfews and many other places do too. Um, I think this is a positive step. It's not intended to throw children into the system. It's intended to give law enforcement a means of getting children back home, um, we've talked about that this far, um, so that's where I am. Bailey: Okay. O'Donnell: I'm also not interested in a deferral...now. I appreciate what Mr. Harper said, uh, I wish it would have been said a considerable time ago, and we're talking neighborhood watches, citizen patrols, um, I have a great deal of faith in our police force. I do not think that this would be enforced any way but fairly. Um, I think the hours are reasonable. I believe that what's proposed tonight is...is incredibly important, but I think it goes along with the curfew. So I...I will continue to support the curfew. Bailey: Other discussion? Well, um, I'm...of course was not supportive of the curfew, and one of the reasons that I think I had some problems with how we were talking about the curfew is I take very seriously the ordinances we pass, and I think that this was minimized, that it won't be enforced, it won't be used regularly, we'll use warnings, and if that's the case, let's look for some community-based solutions first, before we use the extreme measure of asking government to step in and "solve" a problem. And so that was among the reasons that I didn't support the curfew. I'm very excited to hear, um, hear community coming together. I mean, this was a very hopeful discussion, and I challenge those of you who are very skeptical about this, um, and skeptical about if this can work and..:and wishing that it would go hand in hand with the curfew, and frustrated that it's coming, um, in your minds maybe at the 11th hour, I challenge you to talk to Mr. Harper. Maybe you haven't met him, maybe you don't know him, um, but take, you know, take the...take the challenge and introduce yourself and participate in this community-based solution, because if we don't have community-based solutions to these kinds of issues as our community grows we're going to continue to struggle, and we're going to continue to look to this body to solve the problems This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #7 Page 27 that we have to come together, as community, to address, and so I'm very excited about this opportunity that this presents. If we get to December, uh, I...I wasn't initially supportive of the curfew, if we get to December and the community says we've talked to parents, we've talked to kids, the curfew is the way to keep our kids safe, we believe that it will be enforced fairly, we have other activities, but the curfew is the way we as community are keeping our kids safe, then I could see myself supporting it and moving forward, but I think that we need to work as community, together, give this a try, and see how it goes, and I said together, so if you're skeptical I encourage you to be part of the solution. So I'm supporting this deferral. Okay, all those in favor of the deferral to December 1st say aye. Those opposed say nay. Okay, the deferral carries 5-2, O'Donnell and Hayek voting in the negative. Um, I think we're going to take...we are going to take... Karr: Can we have a motion to accept correspondence? Wilburn: Move to accept correspondence. Hayek: Second. Bailey: Moved by Wilburn, seconded by Hayek. All those in favor say aye. And we are going to take a break until 8:25. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #8 Page 28 ITEM 8. CONSIDER AN ORDINANCE AMENDING TITLE 8, POLICE REGULATIONS, CHAPTER 5, MISCELLANEOUS OFFENSES, TO ADD A NEW SECTION 11, ENTITLED "STANDING, LOITERING AND OBSTRUCTING PERSONS." (SECOND CONSIDERATION) Champion: Move second consideration. Bailey: Moved by Champion. O'Donnell: Second. Bailey: Seconded by O'Donnell. Discussion? Klein: Um, good evening again. Uh, Garry Klein, Iowa City. Um, I sent by email earlier today to the Council, uh, an email with what I'm about to describe to you and I'd like to, uh, actually distribute these at some point, perhaps after I've spoken. Karr: We distributed them this evening. They have them in front of them. Klein: Oh you did! Oh, wonderful! You're the best! (laughter) Karr: Thank you, Garry! (laughter and several talking) Klein: I speak only the truth! Um, and one of the...one of the things that I felt very...that I'm confident saying tonight is when we last met two weeks ago to talk about, go through first consideration on this particular ordinance, uh, a lot of the air had been sucked out of the room, uh, we had gone on for a couple...almost what an hour and a half on the curfew issue by the time this rolled around. My sense was, uh, that you know...it may have been, uh, past people's bed times because...it certainly was mine. I will speak for me. And...and say that when I look at this ordinance potentially...potentially this ordinance is probably more chilling to more people in this community than the curfew, and I say that because this is also about adults here, and what I looked at when I looked at this ordinance is how it could potentially be used, and the email I sent you, I gave you some examples from, um, one of which was from Columbia, Missouri where our own, uh, our own Police Chief originally, well, was...was the chief...was the deputy chief there, and one of the things I looked at in their particular case was an editorial that was run in, uh, their paper, um, about that particular ordinance, and I just want to highlight one small bit of it. Um, it said that...and this particular loitering ordinance by the way was...was about downtown Columbia, not the entirety of the city. It said that some of the problems the police reported, uh, in the district involved large crowds gathering outside bars, but the first problems listed were vagrancy and aggressive panhandling issues associated with the This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #8 Page 29 homeless. Now we already have an aggressive panhandling ordinance in place so I'm going to set that aside for a moment and just talk briefly about that other...that other potential large group of people who could be considered loiterers, on any Friday, Thursday, Saturday, Sunday night in downtown Iowa City. There is...there are a number of people who are waiting outside of, or waiting to get in to, uh, bars and...and businesses. Restaurants even. Um, in fact, I was, uh, about a month ago my father and uh, stepmom came to town and we were outside the Saloon waiting to get in because, and I hadn't thought of it until right now, but you know, based on the way the loitering ordinance is written, we were loitering. We weren't loafing. We were, you know, but we were waiting to get in. And what concerns me about the...about our loitering ordinance, and I've...and I know that the ACLU and others have gone to the...all the way to the Supreme Court with other versions of loitering laws to say that the vagueness factor is really of concern. So for me, because it can affect college students, because it can affect those folks who are visiting on football weekends, homecoming weekends, family reunion weekends, um, I really want to be sure that it is needed, is necessary, when other ordinances are already in place, like disturbing the peace and ....and...and those kinds of...those kinds of things. That's one piece of it. Second is, how would it be enforced, how would a police officer really enforce the law? I looked at Pueblo, Colorado's...a memo that was sent from the police chief there, I guess to the Council, just kind of outlining how the officers would, um, enforce that kind of ordinance. It struck me as, wow, what a lot of work to do to enforce an ordinance. I mean, it really...because the ordinance...the, uh, memo is...is about athree-page memo and I'm thinking, I'm a law enforcement officer who has to enforce many, many laws and my boss is telling me, well, enforce this one! Be sure you do this, this, this, this, and this. And I think we have a high expectation of our public safety officers no doubt, but I also wonder sometimes, um, when we already have...when we give them tools that they can use and understand, and are comfortable with, if we give them new tools that have vagaries to them, are we actually making it tougher for them to do their jobs? And, and as I said, I...I'm hopeful that you'll consider this as you make your second consideration of this particular ordinance. I think that all of us wants a community, there's no doubt about it, but we also don't want a community where...where we...we have to wonder if we're standing at the wrong place with the wrong group of people...um, someone's going to hand us a ticket for our troubles. So with that, thank you very much. Bailey: Thank you. Further discussion? Hansen: My name is Peter Hansen. I'm an Iowa City resident. I kind of feel this ordinance sort of snuck underneath the radar. The curfew ordinance has gotten so much attention, but I don't know that people are as aware of this loitering, uh, proposal, uh, proposed ordinance, as they should be. I sort of found out about it belatedly. LJh, many of my concerns are the same as Garry's. There's a certain vagueness to it, uh, three old men like me can be talking over here and three old men like me can be talking over there, and one group can be considered loitering and one This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #8 Page 30 group not, and what's the basis, uh, I don't know that the ordinance is terribly clear on that, that it calls for a lot of judgment on the...on the, uh, on the police officer involved, and also there's some of my concerns are the same with the curfew, in that it can be applied selectively to certain groups and, uh, so forth, uh, for instance if the media are given...giving the police force or the City Council a problem, well, a couple of news reporters standing on the sidewalk and talking could be picked up for loitering and so there's, you know, there's potential for abuse and you know we like to believe that our law enforcement agencies would not engage in that sort of behavior, but yet if you look at the history of this country and history of most cities, uh, that's not always the case. So, uh, I wish we could somehow defer this consideration of this ordinance, uh, as you did with the previous one, simply because I don't think it's been discussed to the extent that the...that the curfew, uh, has been discussed. I haven't seen, uh, editorials or letters to the editor in the newspaper and uh, just sort of sneaking under the radar I think, so I would encourage you to, uh, likewise defer action. Thank you. Bailey: Thank you. Further discussion? Badgett: Kenya Badgett again. I'd just like to say that, uh, that the comments that the gentlemen made many of you may be thinking, well, they're not going to be affected. They don't have to worry about that situation. It's up to the discretion of the police officers and you really shouldn't even worry about that. But who should worry about it? You know, that...if that situation is not going to, um, apply to this loitering ordinance, then what situation will. Will it be the kids in, on the southeast side that are standing on the sidewalk? Are they going to get, you know, charged with whatever for this loitering, or are they going to get fined for this loitering...for loitering on the sidewalk or loitering on the, um, on the trails? Um, they make valid comments. These are situations where anybody should be, um, cited for loitering. When I was downtown after, unfortunately I made the mistake of going downtown after a game, and um, I'm driving down the street and two intoxicated individuals crossed the street in front of me, even though I had a green light, you know, should they have been charged with something? Absolutely! Public intoxication if nothing else, but you know, if I call a police officer at that time to come down there, are they going to come and cart these kids off, um, for loitering? I don't know. Are they going to cart all the other kids who are standing out or all the other fans who are standing out on the sidewalk for loitering? I don't think so, but in the southeast side if you have a gang of kids on a corner, well then, yes they maybe charged with loitering or a roving pack of individuals, yes, they maybe charged with loitering. So, I...I don't think that we should leave this up to the discretion of the police...of the police department. We've already stated in several occasions that yes, this ordinance is flawed or it maybe flawed, but we can deal with that. later on. No you can't. If it's flawed now you can't put it in place. You need to either come up with an ordinance that is complete, that is whole, that the police officers know how to handle, that the citizens know exactly the boundaries. Otherwise you can't implement it! Um, my...my fear is that in a state with issues that were noted in This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #8 Page 31 the sentencing project, that the governor has already recognized that the state is trying to change this, um, this situation. You can't implement a...an ordinance that's going to be left up to the discretion of law enforcement. It's already proven that they may have some issues. Bailey: Thank you. Further discussion? Discussion on Council...go ahead. Correia: Well, L..at the last meeting, I mean, I think one of the issues that...that we heard from the neighborhood was the obstructing of...of traffic in the street. Um, and I think that that can be an issue, um, in many areas of the community, obstructing passage of automobiles in the street. I would support that piece of the ordinance, but not the very subjective, um, standing and loitering on sidewalks and trails. I mean, that's where we want pedestrians, people on foot to be, on the sidewalk, um, you know, on our trails, and so um, and because of the potential for disproportionality and enforcement, or...or in charges, um, I think that I would move that we delete sidewalks and trails from the ordinance. Wilburn: And I will second that. Bailey: Discussion on this amendment? Wilburn: As I, um (mumbled) my, uh, focus and concern, uh, the conversation at the last meeting was related to essentially expanding a status offense. Uh, I think this ordinance addresses other areas where we've historically had some complaints issues, um, and um, and I agree that, uh, if we're going to say don't be here, we have to allow for where can they be, and the sidewalk is where we want to encourage folks, so I...I would support that...addition. Bailey: Further discussion on the amendment? Okay, all those in favor of removing trails and sidewalks from this ordinance language say aye. Those opposed say nay. Um, I think we have a... a, the nays have it, um, so I think that's (both talking) Karr: Wilburn, Wright and Correia. Bailey: ...Wright and Correia voting in the affirmative. Okay. So, let's move on to second consideration of the ordinance as...as is presented. Further discussion on this? O'Donnell: Well, I'm going to continue to support this. You know, there's a difference between standing on a trail and talking, or blocking the trail and being aggressive when somebody's trying to get by, and that's what we're talking about. There's a difference between a group of...of young people, um, standing in your driveway and you ask them to leave and you get threatened. I mean, you need...you need a tool that will help you, um, move the problem. Um, you know, and once again I...I think we're thinking that our police department is going to run out and say, oh boy, I've got this. We're going to use it over and over and over, and that's This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #8 Page 32 simply not true! This is a...this is a tool and L ..I think it's...I think it's needed at this point in time, and I really feel bad about saying that. Correia: Can I just...ask Lt. Hart a question? Okay. Bailey: You're going to have to come to the podium to answer. Correia: If somebody is exhibiting aggressive or threatening behavior, is that behavior that can be addressed through other laws? Hart: It's possible. Depends on what specifically the behavior is, but there could be harassment or trespass. It could be (mumbled) just depends on the.. . Correia: Okay, so if someone's on my driveway and I ask them to leave and they don't leave, that would be trespassing. Hart: Correct. Correia: I mean, the threatening part doesn't even apply because they're on my property. Hart: Correct. Correia: Okay. Champion: (several talking) not be true if they're on the...on your driveway that is an extension of the public sidewalk. That would be.. . Hart: I guess...when she was saying sidewalk I thought she was referring to the, or when she was talking about driveway, I thought she was referring to the driveway that's closest to the house. But the past...towards the street, that is open to the public. (several talking) Wright: ...right of way? Hart: I think that's what... Correia: Well that's the other question. I guess I wasn't thinking about that part of the driveway. O'Donnell: And I still want to go back to the, uh, to the sidewalk and even a driveway. It's a he-said, she-said, isn't it? I mean, you have to have pretty good proof. Correia: Not in the ordinance. O'Donnell: And...and on the, uh, well, yeah, not with the ordinance as it is, without it...so... This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #8 Page 33 Bailey: Did you have a question, Mike, for the officer? Wright: No, I was just curious to Eleanor, if you'd respond (mumbled) as well. Dilkes: I'm not quite sure what the question is. Are we talking about... Wright: If somebody was blocking for example the...the.. . Bailey: If I'm running on the sidewalk, and six people are blocking my way, and I cannot get around them because they refuse to move -they're not threatening, they just refuse to move, and I have to go into the street, that would be against this loitering ordinance, correct? I mean, there's no other.. . Hart: There's no avenue right now for us to enforce them to allow you to pass. Bailey: Right, right. And that's... Dilkes: Correct. Bailey: ...and we had nothing on the books that would address that issue, same as if we...if people are gathered in the street and refuse to let a car pass. It's not like playing ball and saying car and moving. Correia: That's why I supported the street. Bailey: Right. Right, but this...it's the same for the sidewalk too, because that can feel very, I mean, and it's not just perception. If I have to run into the street to get around a group that refuses to move. If I have to move off of the trail and into the wetlands area if a group refuses to move I can see the utility of this ordinance, and...and we don't have anything like that. I understand concerns about it being, I mean...I understand concerns. I mean, I think we have those concerns about how all of our...we should have those concerns about how all of our laws are enforced, but we have nothing to address those issues, and that is obstruction, and...and um, not allowing everyone to use those, um, public ways in the way they were intended. So, I'm comfortable with this. Dilkes: The...the ordinance as drafted is very...is a very narrow loitering ordinance. Um, the ones that have been, um, not found constitutional by courts are...are much vaguer than this. They...they talk about, you know, loitering with no apparent purpose, um, this...particular language has been, is taken directly from the Des Moines' ordinance. It's been upheld by the Iowa Supreme Court as constitutional, this specific language, because it...it prohibits obstructive behavior, um...so it's...it's very narrow. Wilburn: Eleanor, and...and I'm sorry, I can't, uh, I don't have my...I've got...I don't have a copy of the final version of the last, uh, of the final draft from last time. Can you This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #8 Page 34 read the wording or phrase about that...that obstruction is there. One of the examples in the...that we were given, that talks about willfully, maliciously obstructing, do we have that type of language, and how does it read in...in our ordinance? Dilkes: No, it's not...there's not an intent requirement. You need not prove that the person obstructing intended to obstruct. That's a very difficult proof issue. Um...if...if someone was charged with obstruction, or with loitering, under this ordinance, they certainly could defend by saying they weren't preventing any...they weren't preventing passage. Wilburn: Right, right. Dilkes: Um...but it does not require intent, and it does not require that there be an actual person whose, um, passage was obstructed. Wilburn: Thank you for that clarification. Bailey: Further discussion? Hayek: Um, I think this is a measured approach. We...were asked to and...and there was some pressure to come up with a laundry list of...of, uh, of behaviors to address with a laundry list of ordinances and sub-ordinances, and...in lieu of that we identified two distinct, uh, areas that in the opinion of our legal department, um, were...were holes or gaps in the existing body of laws here in Iowa City, and this ordinance was specifically tailored to plug those holes. It does nothing more than that. Um, if...uh, and I also would add, and I have great faith in our legal department's ability to, uh, to understand what the current state of the law is and to craft language that is, uh, to the extent...to the best extent possible, not going to run afoul of the constitution or any other laws out there, uh, that will not subject...to challenge and, I know none of us up here has any interest in...in setting an ordinance up to fail in the court system. So, um, the language itself, I think, is prudent and cautious, it's conservative, um, so I'll support it. Wright: I would like to address the concern about the police, uh, how much of this is left to police discretion and frequently in our ordinances there's quite a bit that's left to police discretion and I think of...uh, the disorderly house ordinance that we have on the books. A citation for disorderly house, um, is almost entirely up to the discretion of the police officer. It's hard to define a disorderly house (mumbled) you can kind of say I know it when I see it. Uh and L ..and I think we have to...to trust our officers to use that discretion. They use it every day, um, and this is...I realize that this is a possibility, this ordinance, being more complaint driven than some others, but um...at this point given...I...I feel it's relatively measured language and...and I...I...not terribly concerned about the discretionary, uh, aspect. Eleanor, you look like you're... This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #8 Page 35 Dilkes: I think it's important to...to remind people too that there's a difference between this and the curfew ordinance in that, um, this would fall within the jurisdiction of the juvenile court. And, in speaking to the juvenile court office...and I'll just read from the memo that I gave you earlier. It appears that the most likely result of a loitering charge against a juvenile, anyway, would be an intake meeting with the child and the parent. In the absence of unusual circumstances, the charge would be held in abeyance. Correia: And what about the fee? Dilkes: Well, once it's...when it falls within the jurisdiction of the juvenile court, the...the criminal, the adult criminal fines are not applicable. Correia: Oh, okay. Wilburn: Thanks for that clarification, and uh, L ..um, that's helpful forme, uh, we do have a measure of, uh, and trust our officers with it, a measure of um, of discretion and that's important, um, when the ordinances are crafted in a way that they...that they are focused and target, and with the curfew for me it was creating a status offense, and so given that clarification also in terms of the ability or inability, um, with some wording, um...um...while I'd still like to have the ability to tell in the ordinance where you can be, um, with those additional parameters and the potential consequence, I'm going to go ahead and support this one. Bailey: Any further discussion? Roll call. Item carries 6-1, Correia voting in the negative. Karr: Motion to accept correspondence. Wilburn: So moved. Hayek: Second. Bailey: Moved by Wilburn, seconded by Hayek. All those in favor say aye. Motion carries. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #10 Page 36 ITEM 10. CONSIDER AN ORDINANCE AMENDING TITLE 4, "ALCOHOLIC BEVERAGES," CHAPTER 5, "PROHIBITIONS AND RESTRICTIONS," ~~ SECTION 3, CONSUMPTION OR POSSESSION IN PUBLIC PLACES AND CITY BUILDINGS TO EXCLUDE PROPERTY LEASED FROM THE CITY FOR A PERIOD OF 99 YEARS OR MORE FROM THE PROHIBITION ON THE USE AND POSSESSION OF ALCOHOL IN A CITY PARK. (FIRST CONSIDERATION) Champion: Move first consideration. O'Donnell: Second. Bailey: Moved by Champion, seconded by O'Donnell. Discussion? Just for the public's information this is specifically directed at the, um, boathouse property that we're leasing to the University of Iowa. Further discussion? Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #11 Page 37 ITEM 11. CONSIDER AN ORDINANCE AMENDING ARTICLE 14-7B-7, "DEVELOPMENT FEES," TO SPECIFY THAT THE AMOUNT OF THE NEAR SOUTHSIDE NEIGHBORHOOD PARHING FACILITY DISTRICT IMPACT FEE SHALL BE ADJUSTED ANNUALLY BASED ON THE NATIONAL HISTORICAL COST INDEXES CONTAINED IN THE MOST RECENT EDITION OF THE ENGINEERING NEW RECORD RATHER THAN THE MEANS SQUARE FOOT COSTS MANUAL AND TO HOLD ANY NEGATIVE CHANGES TO THE COST INDEX OF THE PRECEDING YEAR. (FIRST CONSIDERATION) Bailey: It has been suggested...requested that we defer indefinitely and refer this to Planning and Zoning. Wilburn: So moved. O'Donnell: Second. Bailey: Moved by Wilburn, seconded by O'Donnell. All those in favor of deferral say aye. Those opposed say nay. Motion carries. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #12 Page 38 ITEM 12. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND PUBLIC ACCESS TELEVISION, INC. FOR FUNDING, OPERATION AND MANAGEMENT OF THE LOCAL PUBLIC ACCESS FUNCTION. Hayek: Move adoption of the resolution. Correia: Second. Bailey: Moved by Hayek, seconded by Correia. Discussion? I know that we have staff members here if you have any questions. Correia: One of the things that I noticed in our correspondence is the wide range of supports, um, for public access television, from different community stakeholders, which, um, I thought was really telling about the importance that public access to our community, um, personally I know that a group from the Neighborhood Centers of Johnson County is doing a youth documentary, and they've utilized public access television for training and...and...and things of that nature. I don't know all the details of how PA TV has helped them, but I know that has been very important to young people as well as folks all across...across our community. So, I thought it was really great that folks communicated with the Council about...about the importance of PA TV in our community, so... Wright: And did they ever communicate! (laughter) ...incredibly large batch of letters, um, and I agree the...the public access TV does an awful lot for the community, um, and it runs the gamut from stuff that's very informative to programs that are frankly just entertaining! And it...it provides a venue that a lot of communities don't have, and I think we're fortunate that we do have that. Champion: It's well used! Bailey: Okay, further discussion? All right. Helling: Madame Mayor, I just would, for the record, the, uh, Iowa City Telecommunications Commission at their meeting yesterday voted unanimously to recommend Council approval. Bailey: Thank you for noting that. Hayek: And I guess I would add, uh, although it's a different channel this body is broadcasted to the community through a publicly accessed channel, and uh, it's all part of the public forum that...that...that creates our local democracy and sustains it. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #12 Page 39 Bailey: Yes, we are very fortunate to have the channels that we have and so many people using our public access TV station. Okay, roll call. Item carries 7-0. Karr: Motion to accept correspondence. Wilburn: So moved. Bailey: Moved by Wilburn. Wright: Second. Bailey: Seconded by Wright. All those in favor say aye. Motion carries. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #15 Page 40 ITEM 15. CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT BY ADDING TWO SPECIAL PROJECTS ADMINISTRATORS POSITION. Champion: Move the resolution. Bailey: Moved by Champion. Hayek: Second. Bailey: Seconded by Hayek. Discussion? I see our Public Works Director is here if you have any questions. I think for the public's information that these are specifically, um, on some projects that would be funded by grants. I think we discussed last night, so I think that's important to note in these difficult economic times. Fosse: Yes, that's correct. It's primarily for the Dubuque Street-Park Road project as well as the...the waste water (mumbled) combined are about $95 million. Bailey: Thank you. Fosse: LTh-huh. Bailey: Okay. Hayek: A lot of activity generated by those funds. Bailey: Right, and we've fortunate to (both talking) Wright: ...fortunate to be able to fund a couple (mumbled) grants. Bailey: Right. Further discussion? Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #18 Page 41 ITEM 18. CITY COUNCIL INFORMATION. Bailey: Mike? Wright: Just an event that I want to highlight to the public on Thursday, October 1st at the Iowa City Public Library, at 7:00 P.M., uh, there's going to be a program on managing energy efficiency in older houses, and uh, this is...certainly we're heading into the time of year where...keeping track of the power and gas bills is, uh, at the forefront of everybody's minds. This is going to be I think a pretty good program, uh, especially for those of us who live in older houses, that are nice and drafty, this is going to be offering some pretty creative, uh, ways to save energy. And, it's a free program, and I think it also should be very entertaining. So, Public Library Thursday night at 7:00 and I should also just highlight another downtown Gallery Walk Friday night from 5:00 to 8:00 P.M. If you're not sure where to go, just wonder on downtown and chances are you're going to bump into a gallery without too much trouble, and that's always a lot of fun. Bailey: Thank you. Connie? Mike? O'Donnell: Oh, nothing tonight. Bailey: (mumbled) Wilburn: Want to, uh, say good luck to West High School and their SSIKE program. That's the west side equivalent of the fas trac program. They have their diversity dinner Wednesday night at 6:00 at West High School. There's usually some good food and some good speakers. Good luck! Bailey: Matt? Hayek: Uh, mentioned this last night at our work session, but attended the City High 70th anniversary celebration Sunday, uh... Champion: It was your 70th reunion? (laughter) Hayek: It was my 70th reunion, uh, in front of City High on the newly restored grounds and uh, part of the...part of the fight song is our sturdy little Hawk, and there were two or three dozen hawks flying around up in the sky above the...above the crowd. Excellent, uh, program, uh, and uh, kudos to those who are involved in it. Really great. Bailey: Okay. Amy? I'd like to note that we are dedicating the McCollister Bridge and Boulevard on Friday, October 2nd, this Friday at 2:00 P.M. and information can...about that event is on the City web site. This is really exciting. It's our, I This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009. #18 Page 42 think our first river crossing that we've done since the 1960s, so it's...it's an exciting moment to have this bridge completed, and uh, be able to dedicate it. Another event that's happening at the Iowa City Public Library on the Thursday night, October 8th, is the discussion, uh, community reads project of Animal, Vegetable, Miracle. This is about local foods, and I know that local foods discussion have come up quite frequently lately, um, read the book. It's a Barbara Kingsolver book. She's probably one of Iowa City's favorite writers. And, um, attend the book discussion and panel discussion at 7:00 P.M. on October 8th at Iowa City Public Library. New Pioneer will be providing a local food, um, it should be a nice event. And, more information is available on the Iowa City Public Library's web site. Wilburn: Madame Mayor, we should mention the Iowa City Human Rights Breakfast on October 22nd, at 7:30 at hotelVetro downtown. Bailey: And are they still accepting, um, nominations for Human Rights' awards or is that closed? I can't remember the...I think it was last week? Helling: I think it's closed. Bailey: So just come to the breakfast and see who...who will be receiving the awards. It's a great...it's always a great event. Thank you for mentioning that. This represents only a reasonably accurate transcription of the special formal Iowa City City Council meeting of September 29, 2009.