HomeMy WebLinkAbout1996-09-10 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City C/erk's Office, 356-5040.
AGENDA
CITY COUNCIL MEETING
September 10, 1996 7:00 p.m.
Civic Center
ITEM NO. I
ITEM NO. 2
iTEM NO. 3
CALL TO ORDER.
ROLl. CALL. /./~ ~'~
MAYOR'S PROCLAMATIONS.
a. Sisters of Mercy Week - September 22-28, 1996.
CONSIDER 'ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
Approval of official Council Actions of the regular meeting of
August 27, 1996, as published, subject to corrections, as
recommended by the City Clerk.
b. Minutes of Boards and Commissions.
(1} Iowa City Planning and Zoning Commission - August 15, 1996.
c. Setting Public Hearings.
(1)
CONSIDER A MOTION SETTING A PUBLIC HEARING FOR
SEPTEMBER 24 ON AN ORDINANCE AMENDING TITLE 8,
ENTITLED "POLICE REGULATIONS," CHAPTER 4, ENTITLED "PET
ANIMAL CONTROL," OF THE CITY CODE OF IOWA CITY.
Comment: This amendment requires pet shops, animal acts or
exhibitions, kennels, breeders, and owners of restricted animals to
comply with certain minimum regulations and obtain permits. This
amendment also sets forth a list of prohibited and restricted animals.
In addition, the amendment prohibits rodeos, cimuses which use
animals, and pigeon lofts. The Animal Control Advisory Board
recommends approval of the amendment. Staff memorandum
included in Council packet.
(2)
CONSIDER A MOTION SETrING A PUBLIC HEARING FOR
SEPTEMBER 24 ON THE ClTY'S CONSOLIDATED PLAN
ANNUAL PERFORMANCE REPQRT FOR FISCAL YEAR 1996.
Comment: Iowa City is required to prepare a Consolidated Plan
Annual Performance Report for fiscal year 1996 in order to assess
the City's performance in relation to the objectives set forth in the
1995-2000 Consolidated Plan approved in April 1995. Public input is
required, and any comments received will be addressed in the
document that is submitted to the U.S. Department of Housing and
Urban Development.
#1 September 10, 1996 Formal Council Meeting Page I
ITEM NO. 1. CALL TO ORDER.
Nov/Next item is not on the agenda but I would like to remind anyone who is in our
listening audience who has not yet voted for school board, that you still have time
to do that. The polls are open until 8:00 and please support your favorite school
board candidate.
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ITEM NO. 2. MAYOR'S PROCLAMATIONS.
Sisters of Mercy Week - September 22-28, 1996.
Nov/(Reads Sisters of Mercy Week Proclamation).
Sr. Mary Josephus/I would just like to make a comment. I wanted to thank you, the
council, and the people of Iowa City for this proclamation. A small group of
Sisters at Mercy came to Chicago in 1846 and had been there since then and they
came to Iowa in 1867. Came to Iowa City in 1873. So we have actually been here
in Iowa City now 123 years. That is getting pretty near that 150 years. I would
almost say there is a love affair between the Sisters of Mercy and the people of
Iowa City. We have truly tried to meet the health needs of the community, to reach
out to the community and the community has certainly reached out to us and has
supported us all of these years. And so we feel very much a part of Iowa City. So,
again, I want to thank you for the proclamation and September 24 will be our big
day of celebration. So we invite you to celebrate with us. Thank you.
Nov/Thank you.
The city council would like to take a few minutes now for a personal comment.
(Reads Shaw statement). ,,/~ /¢'&'t*? /~.:-9,/5). .~
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,September 10, 1996
(3)
City of Iowa City
Page 2
CONSIDER A MOTION SET'TING A PUBLIC HEARING FOR
SEPTEMBER 24 ON THE CITY'S SUPPLEMENTAL COMMUNITY
DEVELOPMENT BLOCK GRANT (FLOOD) FUNDS GRANTEE
PERFORMANCE REPORT FOR FISCAL YEAR 1996.
Comment: Iowa City is required to prepare a Supplemental
Community Development Block Grant Performance Report for fiscal
year 1996 in order to assess the City's performance. Public input is
required and any comments received will be addressed in the
document that is submitted to the U,S. Department of Housing and
Urban Development.
(4)
CONSIDER A MOTION SETTING A PUBLIC HEARING
FOR SEPTEMBER 24 ON THE CITY'S COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) GRANTEE
PERFORMANCE REPORT FOR FISCAL YEAR 1996.
Comment: Iowa City is required to prepare a CDBG Grantee
Performance Report for fiscal year 1996 in order to assess the City's
performance. Public input is required and any comments received
will be addressed in the document that is submitted to the U.S.
Department of Housing and Urban Development.
d. Permit Motions and Resolutions as Recommended by the City Clerk,
(1) Consider a motion approving a Class C Liquor License for I.C.B.B,
Ltd., dba Brown Bottle Restaurant, 115 E. Washington St. (Renewal)
(2) Consider a motion approving a Class C Beer Permit for Dan's Short
Stop Corp., dba Dan's Short Stop, 2221 Rochester Ave. (Renewal)
(3) Consider a motion approving a Class C Beer Permit for Nordstrom Oil
Co., dba Sunset HandiMart, 1410 Willow Creek Dr. (Renewal)
(4) Consider a motion approving a Class C Beer Permit for T & M Mini
Mart, Ltd., dba T & M Mini Mart, 2601 Hwy 6 E. (Renewal)
e. Resolutions,
(1) CONSIDER A RESOLUTION APPROVING COMPREHENSIVE
IMPROVEMENTS ASSISTANCE PROGRAM (CLAP) BUDGET.
Comment: HUD has notified the Iowa City Housing Authority that
1996 (CLAP) funding has been authorized in the amount of $182,385.
The Iowa City Housing Authority is authorized to use these funds for
replacement of items in the Public Housing units that have reached or
are about to reach the end of their useful life. Budget submittal
deadline to HUD is September 11, 1996.
(2)
CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
EXTENSION OF SANITARY SEWER PUBLIC IMPROVEMENTS
ON LUCAS STREET SOUTH OF MARKET STREET.
Comment: See Engineer:s Report.
September 10, 1996
City of Iowa City
Page 3
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
SIGN AND THE CiTY CLERK TO A~'TEST THE RELEASE OF A
LIEN REGARDING A MORTGAGE AGREEMENT FOR PROPERTY
LOCATED AT 4t6 DOUGLASS STREET, IOWA CITY, IOWA,
Comment: The Agency of the property located at 415 Douglass
Street received a five year $6,000 Forgivable loan through the City's
Community Development Block Grant funds on April 1, 1991. The
terms of the loan have been satisfied; thus, the lien can now be
released.
f. Correspondence,
{1} Julia Daugherty regarding transit cuts.
{2) Patricia VanRollins regarding Bud Stockman.
(3) Shawn Lockhart regarding animal ordinance
distributed).
g. Applications for Use of City Streets and Public Grounds.
(1)
(previously
Jodi Deike (First National Bank), musical performance - August 24,
1996. (approved)
(2) Earl Rogers (VFW #3949), poppies for donations - September 6 & 7,
1996. (approved)
Jill Kromminga, Gintar Avenue Block Party - September 14, 1996.
(approved)
h. Applications for Use of City Plaza.
(1) Rachel Zimmerman, register voters - August 24, 1996. (approved)
(2) Eugene Bilyk (ISKCON), distribute literature - August 29-31, 1996.
(approved)
(3) Lisa Barnes (DTA), Sidewalk Days - September 12-15, 1996.
...... {approved)
Regenia Bailey {DVlP), Clothesline Display - October 8, 1996.
(approved)
Ragehie Bailey {DVlP), distribute literature - October 4, 10, 14, 22,
and 28, 1996. (approved)
{6) Grace Trifaro (Citizens for Animal Rights), distribute literature -
various dates throughout summer and fall. (approved)
(7) Jenathen Game {Native Americans and Indigenous Issues),
distribute literature - various dates throughout summer and fall.
(approved)
,September 10, 1000 CIt~ of Iowa City
END OF CONSENT CALENDAR.
PaCe 4
ITEM NO. 4 PUBLIC DISCUSSION {ITEMS NOT ON THE AGENDA).
~ ~ D
ITEM NO. 5 PLANNING AND ZONING MATTERS.
ao
Amending the Zoning Chapter by amending the Conditional Zoning
Agreement for WestPort Plaza to eliminate the requirement for a
"cohesive, integrated development," and to remove the requirement for
the facades of the buildings to provide "horizontal continuity," for
property located in the CC-2, Community Commercial zone at 855
Highway 1 West.
Comment: At its May 2 meeting, by a vote of 6-0, the Planning and
Zoning Commission recommended denial of the proposed amendments
to the WestPort Plaza Conditional Zoning Agreement. Staff
recommended denial in a report dated April 18. In a letter dated
May 29, 1996, the applicant (Staples, Inc.) requested Council
consideration of this item. The public hearing was continued from
August 27. Consideration of the ordinance was deferred from
August 27. (REZ96-0010)
(1)
Public Hearing
Action:
(2)
Consider an Ordinance {First consideration)
Action: '~..r~:r¥~ / :/~L~,~h
~4 Septemir 10, 1996 Formal Council Meeting Page 1
ITEM NO.4 PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA).
Nov/Public Discussion. This is for items not on the agenda. Anyone who would like to
speak to us should sign in or put the label on the sign in sheet and limit their
comments to no longer than five minutes.
Carol de Prosse/Where are these labels that I am suppose to paste some place?
Nov/They are probably at the door and they were probably blocked by many folks
standing at the door. So just write.
Carol de Prosse/I currently live in Lone Tree, Iowa. I still own property in Iowa City and
I am just as of recently more than a 20 year resident of this city. Today I went to
the press conference, I guess, that the Shaws had at Hickory Hill Park and I am
here to tell you folks that these folks are in incredible pain over what has happened
to them. They are in grief and they are asking for someone from the city to come
to their house and tell them how terribly sorry the City feels. I am here to ask you
please someone go to these people and represent us firmly and say on behalf of the
employees, the citizens, and the police of/his town, we are sorry. These people
have lost their only son and they are in pain. I am a mother and I tell you this is the
worst nightmare of a parent is that he or she will loss their child before they die.
And then in such a terrible, te~xible way. Their were other people at that press
conference who came up as I did to the Shaws. That was why I went, so I could
see them and touch them in person and say I share your grief. Please do this for
these people. Do this. It is the only right thing to do at this point in time. And the
longer you wait, the more we can all be assured it will not get done and something
that compounds the tragedy will then have occurred. Please I beg you, go to these
people and let them say to you what they want to say. Let them cry to you as they
will. Let them do whatever they might do, call you any name. Let them do it.
These people need to grieve and they need to do that, experience that in order to
make this a complete grieving process. Please. Thank you very much.
Andrew Wicklander/Ma'am, Mrs. Novick. You asked us to be cautious in our judgment.
Being cautious in our judgment cost Eric Shaw his life. There's a history ofpolice
brutality in Iowa City and it is sad that this is what it took to get this many people
here to express their opinions. And none of you can sit their and tell me that if your
child was shot, murdered in cold blood in somewhere where he had every right to
be, that you would not demand, you would not ask, you would demand a civilian
investigation. Okay? You would not ask, you would demand. That's all I have to
say. If this was your child, you would demand a civilian investigation. Would you
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trust the Police Department investigation one of their own peers with the life of
your only son? No way.
Jeffrey
Klinzman/Resident here in Iowa City. I'll keep my remarks very pointed because I
feel incredibly strongly about the Eric Shaw shooting. I work in the neighborhood
where this happened and I can tell you of instances where business owners have
been hassled by the police. Particularly Troy Kelsey, the plainclothes officer pulled
over a colleague that I worked with as he was leaving the business and performed
a field sobriety test on him and one piece olinformation that I haven't heard very
many people discuss is the fact that Jeffrey Gillaspic at one point in his tenure as an
Iowa City police officer was pulled off`the street and put on desk duty because of
his use o£excessive force. These are issues that we have to deal with because the
Clay Shaw shooting is not an incident in isolation. It's the culmination of a series
of events that citizens have had to endure over the course of the last few years. I
think it's imperative that we not only demand a civilian investigation as a
permanent civilian review board of the Police Department because I think it's
important that we have civilian control over the police. We cannot allow the police
to police themselves because this incident and incidents in the past have shown that
they are incapable of doing that without practicing a great deal of brutality on the
citizens of this community. I would also like to see that Jeffrey Gillaspic be paid on
unpaid leave. Why should we be paying this man when the circumstances I think
demand that we look at this case, the merits of this case and understand that we
have to treat this differently. Finally the culttire of the Police Department in large
part emanates from the person in charge at top, R.J. Winklehake. I think that we
must demand that R.J. Winklehake either resign or be terminated because he has
demonstrated and again the actions ofhis officers demonstrate that he cannot run a
Police Department in the way that is beneficial to the safety of the citizens of this
community. Thank you very much.
Leora Houghton/Citizen of Iowa City. I'm only going to address one issue about this
shooting. Obviously it's a tragedy in all aspects. When you ask us to be cautious in
our judgment and ask for our patience, I think you're going to have to go
backwards or Linda Woito's going to have to go backwards and retract some of
the statements that she made because they're making people feels that it's the city
versus the citizens and it needs to be done before anything else can happen. It's not
winding down in the streets of Iowa City. It needs to be something where
everyone feels we're going forward to a sohtion and this is posturing a feeling of
the City versus the citizens. Thank you.
Sheila
Knopfoh-OdoleJ Resident of the city. About two years ago, my best friend was
beaten up by an Iowa City police officer and at the time she was charged with
interference with official acts and something else, but eventually the charges were
dropped because her public defender got the officer to admit that he'd used
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excessive force. There is way too much excessive force happening in this town
with our police force. It's out of hand and there is no recourse for citizens. My
feeling is any officer brought up on that kind of investigation should not be given a
second chance. This is not someone that I want policing my community. This is
not someone that I want my taxes going to pay their salary for. Furthermore this
might sound like a radical idea but it's one that I've felt for a long time, I think we
should take a serious look at whether our police in Iowa City need to be carrying
guns. This is Iowa City. This is not New York, Chicago, Los Angeles. Help
backup is virtually instantaneous with a radio call. If we can't disarm them
completely, let's at least make a provision so that they're not cops carrying guns
on the pedestrian mall and in the d.t. area generally. There are too many people
more and more in larger cities, innocent bystanders are getting shot all the time by
police. And I don't think they need to be carrying guns, certainly not in the d.t.
area. And I think it's something that we should really give some serious
consideration to. Thank you.
Eric Rothenbuhier/I've lived here over ten years. I'm primarily here to demonstrate my
concern. I don't have ideas or proposals for solutions but I think it's essential that
we all demonstrate our concern and our readiness to work together. To that end I
think it's important to enter into the public record the kinds of information that the
Iowa City police either do not have about themselves or are not willing to share
with citizens. I've spent sometime at the police station this week trying to do
research to find out how often officers in Iowa City are required by their duties to
draw weapons, how often they fire their weapons, how often they are threatened
with a weapon, have a weapon drawn on them. l'm told that such things are only
noted in the narrative that goes into a case file and that case files are only available
to other officers and citizens with a direct interest in the case. I'm told that there
computer system has no method of keeping track of such things and that they do
not compile such statistics. When I asked ira citizen was interested in knowing
about police officers' use of deadly force, their use of their weapons, what
information would be available to them, Sgt. Lissa's answer was none. I paused a
long time waiting for some elaboration and there was no elaboration and I said
none? and he said none. When I asked him if they kept track of such information
for their own internal management, he said no. Now that's either a lie or it's a
remarkable case of overlooking pertinent information in the management of
personnel who have the legal authority to use deadly force. Such people should be-
No one else in local government has the authority to use deadly force. Such people
should be trained very carefully and they should be constantly vigilantly supervised
and that includes evaluating on a regular basis their use of that force or the threat
of that force. And if the Police Department does not have the information to make
that evaluation and is not willing to share that information with citizens, then there
is no way that we can form rational evaluations of our Police Department and we
are left with no other option but to jump to conclusions. In the absence of
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information, in the absence of a study, in the absence of any data that would inform
rational decisions, we have no other option but to come here and demonstrate our
concern. Thank you.
Douglas Wunder/The first thing ] have to say and 1'11 finish with this is why can't the
Police Department simply come forth and tell the truth? And I'll finish with that as
well and I'll start by telling you a story that, it's not a story but the truth, that I had
to deal with three years ago and that dealt and this deals with excessive force by a
police officer that we probably for those of us who read the paper today, the Daily
Iowa, anyways about Officer Chris Akers. About three years ago I was on my
home. I live d.t. and let me tell you how sensitive I am to this issue because I'm an
artist, and I work late at night too. 1 was going home and I live fight d.t. and there
was this brawl or whatever you want to call it outside in front of the Sports
Column and I lived above the Sports Column for quite some years. Some guy, I
don't know why, it was unprovoked, jumped out and just literally beat the blank
out of me, put me to the ground, kicked me, punched me, whatever, he did it. As I
was being helped up the first thing that came to my mind was where are the police.
Well thankfully I thought at the time there was a police officer getting out of his
car, Officer Chris Akers. I had yelled and screamed and keep in mind I was quite
agitated and I think I should've been. After being beat up you're not in a good
mood. And Officer Chris Akers at~er I fanned him down, came over and I said I'm
an innocent person here. Some guy attacked me and he ran of~ And he told me,
I'm going to use some strong language but this is the words of Officer Chris
Akers, he said, you go the fuck home. That's what he said. I'm not lying. Perhaps
100 people heard him say that. I have witnesses and whatever. And I said l'm an
innocent person here. I was attacked. I want you to do your job. And I gave him
the infamous gesture and I'm not going to go through and tell you what that is. I
think we all know what that is. Before I knew what was happening, the guy was
taking my head and smashing it with excessive force on the front end of his police
car. 100 people were watching this. It was hard for the Police Department to lie
about it although they did. As months went on I proceeded with a- my crimes
against the community were interfering with official acts and disorderly conduct. I
don't know quite how that figures into it but that was my crimes against the
community. I did what I was supposed to do and went through my trial and it was
a very long trial, jury trial. I was acquitted. Gee, imagine that. But my experience
with this is that the Police Department, the police officers that testified against me
lied. They denied smashing my head against the car. They said they gave me my
Miranda rights. They misinterpreted or lied about how the sequence of things took
place and I'm really upset to this day. And I guess I start to question well this was
a small thing. But what would happen if something became bigger than that like
someone being murdered. l'm sorry. I think that's what happened to this poor
fellow, Eric Shaw. He was murdered And my question once again is why can't the
Police Department just come forward and tell the truth? Another question I have is
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with this it was so confusing to how the system works. I felt very good. I was
acquitted for what I didn't do according to the Police Department. It made me feel
very good on that day, but I tried to look to see what I can do beyond that. First of
all I want to correct what was wrong. I wanted very simply to have officer
Winklehake come over and apologize to me. I said that in my official report. He
did not do that. How hard would that be to do? To come forward and say look we
made a mistake. I'm sorry. That's one of the things I asked for. What was wrong
with that? And maybe that's what they should do for the Shaw family, say hey we
made a ntistake. What's wrong with that? But something else I feel really upset
about is that when I looked into civil case I found out two things. First of all I
didn't have the money to do what I needed to do and it's something that a lot of
people don't understand that don't deal with the legal system. So it's very very
expensive. And I was my hands were tied and literally my pocketbook was tied
should I say. And another thing that really gets me is that in order to pursue a civil
case, I couldn't go after the Police Department. I couldn't go after the individual
police officers. I would have to sue the community of Iowa City. I had to sue these
people. That isn't fight. Why is that? I mean why is it? Why would I have to sue
my friends, my neighbors? Why is that? That's not fair. In conclusion I would like
to stress again, is why is it the Police Department can't come forth and tell the
truth? Thank you.
David Stokey/Iowa City resident. I wasn't really prepared to speak this evening so I'm
not very well organized, but I'll make this really direct. I do not trust big brother
to investigate little brother. It's that simple. Approximately three months ago I had
a gentleman outside my door somewhat of sorts trying to forcibly enter my home.
He physically assaulted me. 1 called the Iowa City Police Department. Officer Troy
showed up on the scene. Officer Troy after talking to this individual decided that
the- he stepped into my face, used intimidating gestures to tell me that he had
found many times that callers were actually the perpetrators. I was so annoyed by
this I came to the Iowa City Police Department, demanded to see the watch
commander. I told him exactly what happened. Two days later this gentleman was
an'ester for assaulting another business owner on Gilbert Street. Point in case, 1
would like to look at Officer Troy's file and see ifthere's any mention in his file
that I filed that complaint. And that's what I base this on for big brother
monitoring little brother. I'm sure there's nothing in there. They never offered me
any type of written forms or anything to put this in there. l'm just saying I don't
trust the Police Department to monitor itself. I too demand an independent
investigation by a civilian, some type of civilian agency or whatever. Thank you.
Aaron Carstens/How are you all doing. l'm an Iowa City resident. About six years ago, in
Arizona, I used to reside there, my best friend had the back of his head blown out
by a police officer. I was with him and the same type of thing went on in the same
situation. There was a trial held in the newspapers. Nothing happened. Several
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months later, they paid his parents some money and they offered an apology. We
tried to form a civilian review board and it would not work because the city board
members would not back us. And so all of you if you really care have to stand up
with us and if we all really want to do anything about this, we all have to get
together and get petitions signed and all have to really really join in and really get
some change going here. That's all I have to say.
Pat Gallagher/I want to first of all express my sympathy to the Shaw family. Second of all
I want to do what is only fair to the Shaw family and that is demand that this city
board decide that it needs to have the civilian review board and that officer
Winklehake or Chief Winklehake needs to be included in that review with regards
to his resignation or with his being dismissed. I think that the concerns the people
are talking about are legitimate and the thing that really concerns me particularly
reading the newspaper this morning, is that a review may find that, excuse me, and
internal review may find that the Police Department did follow its procedure. That
scares me because if they did follow the procedure, then they will decide that what
happened was okay and the next step I'm afraid is that Eric Shaw will be put to
blame for his own death which I think is a very frightening experience or
frightening possibility. What won't get talked about is what could have been done
or should've been done of somebody were thinking rationally and not just
following police procedure. And that is, why does this person go in alone or
accompanied with one or two other officers without announcing their presence
first. These aren't my ideas. These aren't my ideas. These are ideas that everybody
in the community are talking about. Why weren't lights turned on? Why weren't
loud speaker systems used? Why weren't license plates in the parking lot checked
to see whose cars were there, whose cars were in the vicinity and finding the
owner's car there might're influenced their decision on how to carry out the case.
There's so many questions that will not be asked unless there's an independent
review board which decides that the police procedures are wrong and that the
procedures are so vague that allows anything that happens, anything that the Police
Department does to be said we were following procedure. We walked into a room
unannounced, shot a person without speaking to him and that was following police
procedure. I think that that talks about as other people have done, the whole
concern with this department in general, the culture that somebody mentioned, the
atmosphere, the brutality that is used on a regular basis. I would include also the
racism in this Police Department. And I think that for them to investigate
themselves is like somebody else said, big brother investigating little brother. I
think in order to remain or maintain any sort of legitimacy, this council has to
decide for an independent civilian review board and call for the resignation of
Chief Winklehake. Thanks.
J. Martin/I've been an Iowa City resident for seven years and I wish ten days ago the
Iowa City would've acted with caution and patience like you asked us to act. I
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came yesterday to hear the press conference and there was a question asked, has
policy been looked at7 Has it been changed since this, I think, killing occurred. The
police chief said, no it hasn't. And I'd like to know why. Why? That means that
this could happen again until we want to look at it again. Do we really want to
look at this again? That's all I have to say.
Craig Hempenius/I live here in Iowa City. I'd like to address the idea of the use of
excessive force by the Iowa City Police Department just in general 1 think we can
all agree that what happened in this particular case was a use of excessive force but
I'd like to remind everyone here that there was no burglar. And innocent unarmed
man was shot by an Iowa City policeman. Even if the man would've been a burglar
unarmed the police cannot walk in and shoot people like what happened here. The
excessive fome, misuse of excessive force cannot be tolerated on any occasion
whether they're killing innocent civilians, criminals, or anyone. And I think again
people have said tonight before me, this is not an isolated incident. This is a
symptom of mismanagement of the police officers in this town. Who is responsible
for that? ChiefWinklehake. I think he should either be fired or he should resign.
Patricia Vanrollins/241 Lexington. A concerned citizen of Iowa City, I'm a business
woman here in the community. Just a quick question, a suggestion, and then I
guess a suggestion and then a question. The suggestion would be, I understand
there were a lot of burglaries down in the Gilbert Street area, and I would hope in
the future if there is and area of town where we are experiencing a lot of burglaries
as people come and go, that at least there could be something in the Press Citizen
or some way those business owners should }mow so that they could be cautious. I
think that if people did know that there were some problems in their particular area
and the police would be patrolling, they might be inclined to call the Police
Department just to say, gosh I'm going to be sending people over or we come and
go which would be a little bit cautious. That seems to me to be sensible. That's the
question. And that's the suggestion. And then the question Karen I think that I
read that you had suggested some kind of an independent review and I must admit
that I don't know what exactly would be involved with an independent citizens'
review or review of some kind of independent review of what has gone on. And I
guess I would just like to say what is the problem with this? I understand that no
one else on the council seemed to think this was a good idea or the matter was
dropped, I guess is my interpretation of what I read in the Press-Citizen. I don't
know whether a citizens' review would be problematic but I just wonder so what's
the problem with having an independent review? That's it. Thanks for your time.
Tim Walker/I'm a 13 year resident oflowa City and lead a pretty straight and narrow life
here. As I was walking home today up Linn Street, I saw two squad cars and their
occupants were handcuffing a man. I have no idea why. But my first response to
this was fear. I walked past I did not make eye contact with the officers. That is
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my response. I fear them now despite my straight and narrow life and you should
just know that that's the way such a person feels and this is that way I'll continue
to feel until I can see the results of a civilian investigation of this senseless death
and of this department. Thank you.
Devine Axton/I'm an activist and I work for Heartland Candles. I'm also disabled and l'm
one disabled gal who'd like to some justice. In 1991 I had my car keys in my hand
and I was headed to my car. When I went to jail I didn't get in trouble for anything
else including not intoxication. I got disorderly conduct. Well, I was taking 5 mg
of Colgaurd heart medication. I'm a heart patient. Although the two gals that
decided to attack me when I was headed to my car. I was turned around. I was
maced. I was held down. One girl beat the hell out of me while the other one
ripped my clothes off and not just my top including my sister's top. And I ended
up with a concussion. I ended up with my ear out to here, a braise from here to
here. I still have scars on my knees and my legs. My heart medication was
increased the next day by 35 mg and I was almost killed d.t. I was the victim and I
was the one that's taken the chill. I was able to work full time before. My heart
medication got increased by 35 mg. That 35 mg should never have been increased
and if the police had been there and got there in time, I would never of had any
increasement of my heart medication. I wouldn't have ever been a victim. They
would've been there to help me. They would've been there to help me but they
weren't there to help me. When they showed up, I pointed out the girls that
assaulted me. They let her get away. He did not go after her. There was Hawkeye
basketball players down there. I was very angry at everybody down there. I not
only had mace when the officer put the cuffs on me, I had mace running down my
face. I couldn't see what I was doing and I had a concussion. I had blood running
everywhere. And when l'm starting to see is about four months ago, my son was in
a bar drinking under age and he got stopped. He got cuffed. He ran with the cuffs
and when he ran with the cuffs, when they found him, Sid Jackson beat him up and
prior to this same month he had got assaulted by another young man by the name
of Rob, ended up with a neck brace and concussion. Well he ended up with
another concussion from Sid. He ended up with the bruise on his head. He ended
up with his shoulder swollen and he ended up with the marks on his hands from
cuffs. And what I'm seeing is I'm seeing a lot of juveniles getting assaulted and
being beat up. I'm seeing a lot of citizens getting assaulted and being beat up. And
they're here to protect us and here to help us. They're not here to beat up
teenagers, to beat up juveniles, and to hurt people. And they're certainly not here
to shoot people. They've got those stun guns. They've got billy clubs. They've got
guns. And this is not like Cedar Rapids where they go around shooting people on
the streets. Iowa City's a much quieter nicer town. I'm here to give my apologies
and sorrow to the Shaw family. The one reason I'm speaking is because I'm
foreseeing a teenager's going to get beat up. He's going to end up dead. My son
almost could've ended dead, real close to dead and I would've felt just like Shaw's
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family. I almost ended up dead myself and I was the victim. That's why l'm here
and that's why I'm speaking What I'm seeing is that they do a lot of things that
are right. Well I'd like to see everybody start to fight for all the things they're
doing wrong.
Greg Thompson/Hi councilmembers. Other people have mentioned this so I won't
belabor it but the citizen review is mandatory. We've got to have it.
Nov/Would you say your name please?
Thompson/I'm sorry. Greg Thompson. I've lived here since 1972. The citizen review
please. We need it as you can hear from these stories tonight. A second point,
please don't let this Gillaspic on the streets as a police officer ever again. I left my
job at noon today and went up to City Park and I saw Eric Shaw's parents. I gave
them both a hug and told them I would pray for them and said I'm so sorry. l'm so
ashamed of what a police officer has done in the name of the city I love. You can't
bring Eric Shaw back to life. His parents are hurting so bad. You can do one thing
to decrease their pain. If they file a lawsuit, a civil lawsuit, don't fight that lawsuit.
Give them whatever they ask for. They deserve it. Thank you.
Doyle Adams/Des Moines. I was finally was lucky enough to get me a place to live over
in Coralville. I must say sometimes the behaviorists are put at the bottom of the
rung and they don't always have the last say I these kind of matters, how people
behave, whether they're police officers or not. But I've been told by a lot of
professionals that when you get a group of people is a circle for counseling, that
they all seem to get an idea ofeveryone else's problems but their own. And they
seem to get to be professionals almost on everybody else but their own, but
theirself. And so they have to go get a counselor or psychiatrist or somebody to
kind of guide the group and try to make this circle productive entity. My friends
this doesn't stop just with the mentally ill and the drug people. This is true with
institutions. I've set through universities where the professors couldn't take a
question. About a third of them, the first question during-
CHANGE TAPE TO REEL 96-103 SIDE 1
Adams/That is this lack of training. That is the lack of their ability to handle knowiedge.
And they are in our universities. I have sit in churches where, and I will get to the
Police Department in a minute. I have been in churches where preachers have
never been trained to take gossip and they are nice people until they hear some it
and then they turn to be inhuman and they loose their composure and they can't
take any kind of gossip of criticism Lack oftraining. I have read the president's
wife, Hillary Clinton's book, The Village on the Hill. She touches on a a little bit of
it but she don't tear about the institutions that she is talking about that is suppose
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to be so perfect. Sure, she drug her daughter around with all of the money she
could have and got all the top notch everything for her and she is successful
because she is probably exceptionally bright. But see, not all of us are
exceptionally bright. And I am proud to say that I am objective as I can be and I do
have a degree from Drake University and that is a long story but it was hard for me
to get it because I told some of them what I thought of them and I let them have it
and I still got my degree from Drake University in social science. But the city on
the hill, the village that she talks about will never be until people start getting their
training straightened out. A cop, the first thing he should be trained to do is take
emotional situations. If he wants to carry the stick or the baton, he don't how- he
thinks it is just to twirl or if he wants to call it a night stick and he thinks it is
nothing but to goose somebody with, he needs retraining. Ifhe is emotional, so
emotional and has to do with why he wants to be a policeman, there should be
some test or some counseling, some kind of training, before he ever becomes a
policeman beside just how to carry a gun and a night stick and he don't have it. A
lot of them don't get it. That is the problem with our village that she is talking
about and she is too political and too caught in the middle to tell the truth. I think
she is smart enough and she don't have the fight degree with is a behavioral
degree. 1 don't think. Same with this Police Department. ! don't have to look any
further. I come into this town tonight. I come in here before. And I have been
through a lot of institutions. I even have a CDL. The A student, paper and pencil, I
come into the CDL program that had driven caterpillars and everything else
because he made an A. All the tests, written test and he had had this big equipment
experience, got by with everything. This halo affect just don't happen in our
institutions and our Police Departments. And he left the gear grinder, the A
person, the gear grinder ofthe track driving school. I could shift better than that
when I was 12 back out on the farm because he was bright and they just keep
adding this bright person. This perfect policeman. There is no one perfect. when
you hear that there is a perfect somebody, you better look out and I tell you folks,
you better do some investigation because Mr. Clinton says he is going to add a
bunch, 200,000 or more. When he adds 200,000 or more and even if they are well
trained like I have reminded them several times to do, they are going to do just like
the old rookie, not the new greenhorn, like the old policemen are doing. If you
don't straighten it out now, you are going to have some problems later that are
real bad ones.
Thomas Hadash/I have been a resident oflowa City off and on since 1960. You know, 1
think it is easy to condemn the entire Police Department. I don't think all police
officers are bad. I think the majority probably do their job in a reasonable way.
Okay, I think what the issue here is oversight. Now certainly they have to have
discretionary powers in exercising their duties and I don't think a reasonable
person argues that point. However, there has to be oversight. Okay and to that eud
I think to this point the oversight has been oversighted as it were. I mean it is
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endemic and I think it extends beyond the chiefofpolice's office. I think the
council members, with all due respect, your acquiescence, your saying it is okay. I
think it extends to the county attorney's office for whom, you know, some of the
renegades, I don't know if they see their role as- Let me back up. What I guess I
am saying here is that there has to be some way to reel in these renegade cops.
Now everybody, I mean, you can talk to people throughout the community and
everybody has a story or two with confrontations with the police. I could name a
couple of who were perfectly willing to proof to themselves for prior convictions
in a simple misdemeanor case. I guess what I am asking you to do, like everyone
else here has done, is to establish a civilian review committee because they cannot
be left to their own devices. I mean you can apply whatever- Let me put it this
way, civilian review now is what we really need. Thank you very much.
Tracy
Palmer/I am a resident oflowa City. I have been there for a year. I have a problem,
okay, Police Department. I came to Iowa City thinking this is the greatest town on
earth. It is not. 1 have a daughter, it is a year old. I am suppose to basically have
the justice system and the court system and everything else. I can't because I have
a daughter that is a year old. I won't see her ever again because they took her
away from me. That is beside the point, sorry. But she- What happens when she
becomes 18 or 16. You have got a cop that wants to look the- I mean, look
directions and point and shoot. Excuse me for my French but point trigger happy
cops and point and shoot. I am scared. I am worried because I am out there on the
street trying to protect my kid and I can't because there are cops out there, too. I
have a problem with the (can't here) system. I am sorry. 1 am angry but that is how
I feel. And if we allow this outside- I mean, Iowa City allows this continuing, what
happens in Des Moines. I am from Des Moines. What happens in there. It is going
to happen, the same thing in Des Moines, Iowa City, whatever. And you allowed
this to happen and to continue to happen. What is it going to happen. It can
continues, it can continue and I was a citizen. Iowa City. I got- I didn't get
arrested. They thought 1 was going to kill myself so they took me to University.
They handcuffed me. Now that is wrong. You know, I didn't do anything wrong
because I was angry at this woman that took my child away. They handcuffed me.
They thought I was dangerous. They were going to take me to tlie University.
That is wrong. They should no handcuffs. They should legally drop the gun law
period. That is all I am going to say.
Pat Ledcruet/You haven't heard from my age group very much. 41 or 42 years as a
resident. I was married here. I gave birth to four children. They all went to school
here. All but one have gone to the University and graduated and I have. 1 am
proud of this town. I tell everybody we don't have crime, we don't have slums, we
don't have ghettos, we have great schools. About two years ago on an Easter
Sunday I had been hearing stories from friends of mine about simple harassment
for no reason and I said no because every time I have ever asked a policeman to do
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anything to help me, they have done it. They have helped me when I have locked
my keys in the cars. I am not proud of that but I did it. They have helped me when
I have locked the door I couldn't get into and they have helped me when some
people were harassing me by the telephone. But two years ago on Easter Sunday 1
was just recovering from an operation and I was driving my car and I was stopped
because I wasn't wearing a seat belt. That's right, I wasn't. It was in the middle of
town. The officer involved insisted that I take a breath test. I never have- I was
alone with a cat. I have never had anything like this. It didn't hurt me. Of course I
passed it but I was humiliated and mined a perfectly good day and- I am sorry, I
should be more in control. But my major point is this is a great city. It always has
been except that maybe some elements are out of control and if they are, we as
citizens, need to make sure that that gets under control and I thank you.
Earle Baugh, Jr./I am from Waterloo, Iowa. I now live above the Dodge Cleaners
location, First and Gilbert. I had an incident that happened to me two days prior to
the Shaw incident. I think, ifl might have spoke up the night, the morning it
happened, it happened 5:00 AM that say it happened, that maybe it would have
changed their alarm tactics or open door policies before they enter an unsecured
building. But as the weeks have gone by, I don't think there is going to be any
change in their tactics on entering unsecured buildings. Now my incident, 1 live
above the cleaners. I was awakened by an alarm which they set off but at the time I
didn't realize that. I was just awakened by an alarm. I come down stairs not
looking like a burglar, no shoes, no socks, no shirt, keys, say hey, I am here to
reset this alarm. Well, as soon as she seen me she pulled a gun out on me which
could happen, you know. But when I said who I was I thought at least put your
hands in your hair, spread your legs, okay, apart, identify yourself and then we can
move on. But at that time it wasn't good enough. I had to then get my hands and
knees on the ground. Okay, we can do that. I am still here to reset the alarm.
Okay. Shut up. Put your face on the concrete. Well, that is a different situation.
But later I realized that two officers entered the building that was unsecured, set
off the alarm which put her in a situation. Two days later, door is open, they bust
in on him and they shoot him. It is just the same situation. lfthey would have
called for their backup which is fine, secured the building, called the owner, called
the manger, I would have decoded the alarm, turned on the lights. They could have
entered the building, checked it, if everything was fine, it would have been fine. If
it wasn't fine, it wasn't fine. But it appeared- I got flushed out of the building
beings they entered the building. Now, I have answered alarms for 15 years in
Waterloo, Cedar Rapids, I am a roaming dry cleaner. I go where I am needed and I
have answered alarms and those officers used those types of procedures. You
never enter a building you don't know what you are going to mn into. What had
happened, he entered a building, no alarm went off Okay, well, he thought- Maybe
he thought there was no alarm on the way walking to the door the alarm went of[
They couldn't hear nothing, they couldn't hear the radios to tell the other officer
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and he couldn't hear anything She was left on her own, you know, and ran into- I
run into her and she was put in a situation where she could have just panicked and
pull a trigger on me. This is what I thought he was a burglar. And it just seems like
I could have got the bullet quicker than the Shaw situation. So, it is just a scary
situation if they are not looking into changing their burglary alarm tactics.
Carletha Bauglg I am also the manager and wife of Earl Bahl. I was there that morning
and it was frightening. I was afraid. I went home early that weekend because I
thought maybe if I went home, back to Waterloo, of course I am from Waterloo,
too, that maybe I could forget about it but only to read what happened to the
Shaw boy and that really hurt me and I am afraid to live up there alone and I talked
to the off~cers last night. They gave me some things I could do, maybe, if ands. But
I am still not secure with that and I was told maybe if we hollered out of the
window if another burglar alarm happens. I am not going down those stairs and I
won't be hollering out the window. So I hope that we can change policies. I do
have concerns for that and I would like to become a citizen of Iowa City but if you
don't, I am afraid I nfight have to leave for that reason. Thank you.
E. BaugbJ I would like to add that at the time the officers came out of the building and
met with the other officer, me laying on the ground, they asked me to go ahead
and get up, ask for my ID and I thought saying that I had the key to decode the
alarm would have been proper ID, okay. But he asked me to go upstairs to get my
ID, because I don't sleep with my ID. He follows me upstairs, I get my ID, which
proved nothing, just proved I was a person. I could have anybody's ID. It didn't
mean anything in other words. When we came back downstairs, that is when I got
mad. The officers that were at the scene were gone because I wanted to let them
know, hey, I am who I am. You are who you are, nice meeting. I don't want to
meet like this again. Okay. Well, at that time I just went inside, hurried up and
reset the alarm. Left, didn't say bye, nothing, when up there and went to bed. I
couldn't sleep. Five minutes later I come back downstairs, all the lights to the store
are on, the doors are open, It is one of my employees opening at 5:30. It is just-
Officers need to get to know the people. Like the guy said, they need to check the
license plates. I have two Cadillacs parked there. They need to case out their
surroundings before they just misjudge the situations like they have been.
Kubby/Did anyone ever apologize to you from the Police Department?
E. Baugh/The officer that entered and said he set off the alarm said he was sorry. I guess,
not being from Iowa City, I just thought it was normal procedures for them to pull
out guns on people they didn't know. 1 don't know. And I have never had it
happen to me before so I didn't even really know how to respond. I do have two
Rotweiller dogs that I thought ofbfinging one with me. I mean, I just could have
put myself in the situation where I wouldn't be here.
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Kubby/Thank you for coming down tonight.
Tom Lewis/I am a member of the International Socialist Organization. I have also lived in
Iowa City now for 18 years. I grieve very deeply with the Shaw family. I do so
because I sympatlfize with them and I do so because I am very frightened at the
prospect of raising my own two sons in a town where the police can conduct
themselves in the manner that this police force has conducted itself over the past
couple of years. This is a very horrif3,ing case but it is not a complex case. There
are simple realities that define it. The first reality is that an innocent unarmed
unthreatening man was killed on the premises of a property that he had every right
to be on. He was killed very quickly after officers arrived on the scene. That is
reality #1. Reality #2 is that chief of police, R.J. Winklehake came out in the
newspaper yesterday saying that as far as he knew, to this point, his officers had
done the right thing. This is the man who is in charge of the department that is
suppose to investigate itself This is a department that as many speakers before me
have pointed out, has a documented record ofhotrodding on Kimball Road, other
reckless behavior, use of excessive force, racism and now shooting as the
continuation, the tragic continuation of a pattern of problems. The third reality is
that you are out of touch with where the community is on this. I don't know
whether because you were advised or whether it was because your own instincts.
But when this happened, you first thought of money. You thought of protecting
the city, you thought of protecting yourselves from lawsuits. You should have
called a special meeting on this immediately. You still should convey official
condolences in person to the Shaw family. There is a great deal of anger and
concern. This is not frivolous anger and concern. This is anger and concern that is
born from a genuine desire to live in a place where we can feel safe. Not just from
the Mafia but from the police. I want to conclude by just saying that there was one
local media pundit in today's D1 who made the ridiculous statement that there was
only one problem with civilian review boards and that problem was civilians. Now,
my friends, we do not live in a police state. We live in a society in which in theory
anyway civilians are suppose to oversee the armed apparatuses of the community
and the idea or the suggestion that a civilian review board is incapable for
whatever reason of making sounds judgments in this instance is simply an attempt
in and of itself to cover up what has happened and to block this community from
coming to an understanding of why and understanding where to go from here.
Thank you for your time.
Ann Silander/I have lived in Iowa City for about 24 years. I am really heart broken to
have to be hear tonight for the reasons that we are speaking about. I have to say I
have been amazed over the years when I have read about instance in the paper
involving the Iowa City police. Amazed at the conduct of the Iowa City Police
Department. I work at the hospital. I work at a job in which it is sometimes
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necessary for me to restrain patients or to help restrain people who are very violent
to keep them from hurting themselves or from hurting other people and I know
that that can be done without mace or batons or guns and it can be done without
hurting people. And there are many of us employees at the hospital who know how
to do that. Maybe we could share some of that information with the Iowa City
Police Department. Maybe they should not have guns because if they did not have
guns they would use their wits, they would use their creativity as I am sure they do
at times and they would push themselves. I would like to reiterate what a couple of
other people have said. I would ask you, councilmen and women, somebody from
the city, please go talk with the Shaws. Talk with them about what happened. Tell
them that you share their grief. Listen to what they have to say. Secondly, I would
ask you, council people, what is the problem with a civilian review board. The
police are suppose to be here to serve and protect the people. And the people, at
this point, are grieved at the death of Eric Shaw. We are afraid and we are angry
and we want to be a part of the system. We want to be a part of- You can help to
stop the adversarial rdationship that has been created by giving us a voice, by
going ahead and creating a civilian review board. We are all a part of this
community. Thank you.
Howard Weinberg/I have lived in Iowa City on and off since 1967. I got all my degrees
here. I practice clinical psychology. I have an office d.t. in the Paul Helen Building
just off the ped mall. I didn't know Eric Shaw but I know that I am implicated in
his death. I implicated myself in his death when I participated in the elections that
brought you to the seats that you now occupy. I am implicated in his death
because I love Iowa City so much that I have returned here three times to live and
this is where I expect to live I hope a while longer. You are implicated in his death
because it is your responsibility to oversee the people who carry out the purposes
of this city and if there is an investigation by a civilian board or by a police board
or by some other board and that investigation includes that Eric Shaw's was a
necessary death or a death in which no fault was involved, then you must conclude
that it is part of your job to encompass such events. This is a very serious
responsibility and I should think you should want the help of all of us in burying
him. That is one thing I would like to say. The other thing I would like to say is
that since I moved back to Iowa City in 1989 1 have had only a couple of
encounters with the police. They keep noticing when I don't put my sticker on my
license plate and I have hadn't any trouble with them. They have been really polite
to me. And ! suspect that they are pretty polite and nice to most people that look
like me. But I do have that office tit. that I mentioned and I sit in the ped mall and
1 watch the police with the other people in the ped mall. I watch how alienated
they appear, the police that is. And I watch them take teenagers away in handcuffs
for skateboarding. I watch them take people offof bicycles, knock them off of
bicycles and take them away- I grew up in New York City. My wife grew up in
San Francisco. We are not strangers to police violence. We are not strangers to
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civilian review boards. We are not strangers to these whole issues. Part of the
reason I love Iowa City is because this is the first place that I ever was that I
experienced community and I treasure that more than I can tell you and it hurts me
more than I can tell you to see this issue dividing this community and see people
wearing uniforms who apparently are afraid of members of this community or
possibly whole segments of this community. One more thing I want to share with
you. I didn't always look this way. I use to have lots of hair and police looked at
me in a scary fashion. In fact, they took me to jail twice during the Vietnam era
and I have to tell you they were very professional, the Iowa City police in those
days. I never could have imagined in a million years that I would be standing here
today telling you how good the police were then. But by comparison, they were
exceedingly good and something very wrong is happening in this town, this
wonderful town which makes us smug because we get to live here. There is
something bad going on and I think we all need to get together and fix it. Thanks.
Keith Dempsted In the 35 years I have run the Mill restaurant and the 40 some years I
have been in this area, I have not before found it necessary nor did I have the nerve
to come and approach the city council. I, being a licensec, and working late at
night and being in the d.t. area, one would hate to have the local constabulary
annoyed. You might find that it brought on more problems. At the moment my
anger and disgust overrides my own fear of this kind of sticking my head up. when
I came to this community in 1956 we had a locally oriented community based law
enforcement. We have in the last five years seen evidence that those judicious
officers who tended not to beat or shoot first, become demoted or retire. We find
that when new police officers are hired, they tend to be young, aggressive,
malleable, apparently scared, and amazingly arrogant and the a problem that we
have- The problem that we have is certainly not a lack of training. The problem we
have is that these troops have been trained to be an occupying force among the
civilians oflowa City. I have lived in Franco, Spain. I worked on the ronbulus in
d.t. Barcelona in a place for ten months in Franco, Spain. I trusted the guardia
civia better. I have spent time in Latin America, a lot of time. At least you know
where you are coming from there. And the only thought I would like to leave with
you is this happened on your watch. And this has happened on the watch of those
people who have been here on this council the last 3-4-5-6 years who are minding
how we kill our crabgrass but not minding the store.
JeffChello/I have lived in Iowa City since 1984 and I am not here to judge the Police
Department or anything like that. But what I am here to do is to remind you that I
didn't vote for the police chief to run this city. I didn't vote for Steve to run the
city. I didn't vote for the city attorney to run the city. I voted for you to run the
city. 1 put my trust in you to take care of business and I hope that when this is all
over and believe me it is going to be all over someday. Some day it is just going to
be something that people talk about. but I hope when that time comes, you can
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come to me and say I took responsibility for it and that hopefully ! did what you
elected me to do and that is where my trust is. My trust right now is in you and I
hope that we can depend on you and not have to depend on unelected officials to
run our city. Thank you.
Royce Nelson/I think I have spoken to about three of you council people the last few
days. Previous to the last election I talked to a couple of you as candidates. My
sympathy goes to the family. I think I have lived in this town for better than 40
years. What I have seen happening in the last few years in a Police Department, all
I can say is I am ashamed to be a citizen of Iowa City. They treat people as if they
are dirt. They have no respect for them. They don't talk to them. They tell them.
They don't ask. They tell them. You do this, you do that. We, the citizens, make
up this city. We, in turn, elect you people, to represent us. I think it is time you
people listen to the citizens of this city and do some of the things that is being
suggested like the citizens review, complete committee, made up of all factions of
people in the city, not only professions, working people, low income people and
the like to get what- to find out really what is out. The police don't know the
people of this city. I live on Taylor Drive. I have yet to see a policeman on a
bicycle which they are suppose to be doing. I see the patrol cars driving past all of
the time. Nobody talks to the kids out on the street. It is all fear. You don't even
want to see a cop. 1 can't drive anymore for medical reasons. When people take
me some place, so often I hear there is a cop up there, there is a cop back theru.
What does that tell you, it is fear. It shouldn't be fear. It should be welcome to see
you. You have asked that the citizens of this city to be patient in the approach that
is taken by you people in this affair. It appears that the city is taken the approach
to prepare themselves to defend themselves against something they don't have the
slightest ideas what is going to happen and they are the ones jumping the gun, we
aren't. There are things that can be done immediately to start healing. It is a
pathetic state of affairs when this shooting is kind of like what broke the camels
back because it has been a history for a long time of over aggressiveness by this
Police Department, by non-contact with the common public. There is a lot of
things that can be done to start healing those wounds. One thing is to have like a
local town hall meeting so that people can air their grievances. Another things is
there is a lot of neighborhood associations. Have them organize the people in those
associations or ask them to do it and have either some councilman and lowa City
police there to answer questions within their own neighborhoods. These are things
you can do now, not three weeks from now when you get a DCI report so you can
defend yourself. That is all I have to say. Thank you.
Andrew Wicklander/I will make this quick. I know I was up here before but people have
come up to you talking about a civilian review the entire night. There is no reason
that there should not be a civilian review. If the police felt that they did nothing
wrong and they felt that a review would find that, they would want that to happen
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so civilians would have more trust in what they were doing because we obviously
would feel more comfortable ifa civilian review found that there was nothing
wrong with what the police officers did then if the police officers found there was
nothing wrong with what they did and if you do not get a civilian review to look at
this and you allow the police officers to do this, if this happens again, you guys
sitting up there are the murderers.
Thomberry/You are wrong.
Wicklander/No. If you guys do not allow a civilian review to happen and a police review
finds Mr. G-illaspie, that he did nothing wrong, you guys are two hands on a gun
and all the police officer is is a weapon. He is the gun and you sitting there are the
murderers because right now you have the power to say we are going to appoint a
civilian review. There is absolutely no reason not to have one. There is no reason
at all. You should wm~t one because it is-
Nov/Is there something else you would like to say? We did hear you say this.
Wicklander/Okay, yeah. It is your duty to do what citizens want it is cleat- what we want.
So, do it.
Lynne Tylee/I have been living here for three years. My partner has been here for four. I
found this very nerve racking, both because of what happened and also the
personal aspect. I don't want to be emotional but I am not sure that I can avoid
that. So I will try to pull it in and do the best I can. I almost didn't come. I was
actually sitting at home watching it on t.v. and I had forgotten about it and my
partner- I am here on behalf of my partner as well as myself as a citizen of Iowa
City. My partner is Faye Cooper and four years ago she was involved in an
incident of brutality and made a complaint to the chief and she asked to come and
speak on her behalf.. So I am doing that and I am also speaking as a professional in
the community show has been involved with, on some different levels, with the
police and the courts and I just want to say first that I am supporting the idea of a
private citizens groups investigating this with no connection to the political
machine of Iowa City. And I think that is very important. I will say it for this
reason. I have worked in this county and surrounding counties in the court system
and with the police. I have also done that in the State of New York and the State
of Maryland. And while there are many good things that go on there, I also know
that there is something that use to be called the good old boy network and I can
say now that it is also a good old boy and a good old girls' network. And the fact
is is that these people work together and consciously or subconsciously they
protect one and another. And I have seen it happen and I have seen other people
get hurt because of it, meaning private citizens. Other bad decisions to be made.
So in that one I think it is very important that do this and that we are very careful
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about who we select to do it. Now I would like to just share my personal
experience. Four years ago, a few months after my partner moved here, I got a
phone call and she was very distressed and she had just been pulled over by Officer
McMartin and it was a very cold snowy night in January, the roads were covered,
she had not been here that long. She pulled up to the intersection of Gilbert and I
believe it is 6 or 1. I can never remember. But it is where the new HyVee is being
built. And there is a left hand turn lane there in addition to a go forward lane,
straight ahead, and a right turn or straight ahead. She was, unbenounced to her, in
the left hand turn lane wanting to go straight ahead. She suddenly realized it when
she got a green arrow and someone behind her began beeping their horn for her to
get out of their way. She put her right hand turn signal on, checked the traffic,
there was no one coming, moved to the right hand land and proceeded to get out
of that person's way and wait for her light to turn green which was still red.
Suddenly lights came on. It happened to be Officer McMartin. He got out of his
car, asked for her license, she said what did I do wrong. He immediately became
aggressive. Don't ask questions, give my your license and your registration. She
had never been pulled over, she is in her 30's. She had never been pulled over for a
traffic violation. Has never gotten a ticket. She said did I do anything wrong. He
responded the way that he did. She gets out her license. He immediately began to
get an attitude with her of which she became rather confused and she said to the
officer, officer I don't understand what did I do wrong. He said just wait here, I
will be right back. He goes to his car, essentially he writes up a ticket for being in
the left hand lane illegally. He tells her to sign the ticket. She starts to read the
ticket. You know, you have signed the back. She has never had a ticket. She wants
to-
CHANGE TAPE TO REEL 96-103 SIDE 2
He starts to curse at her and yell at her. She starts to get upset and say officer, I
have never had a ticket, 1 want to read what I am signing, I never sign any
document without reading it. He begins again to curse. He goes all right ma'am,
now you have a second ticket. He said I can write you up for a third ticket ifyou
don't back of[ She started to cry. She reached for some tissues behind her
between her two bucket seats and he reached for his gun, continued to get
aggressive with her, curse at her. Do you know that in Iowa if you get three ticket
you lose your license automatically ma'am. Now he said sign the ticket. Needless
to say she did. She was frightened. She immediately- She asked what she should
do. He said proceed. She wasn't even sure whether she was in the fight lane and
should. But at this point she was so frightened by this man. She did proceed. He
followed her. He put her spotlight on her. She thought she was doing something
wrong. She pulled over. He stood there with his spotlight flashing at her. She
didn't know what to do. He then pulled around her and then he took off. And she
sat there upset. She then decided she knew a friend that worked at the Police
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Deparlment and she knew that she was working. She went directly to the Police
Department and her friend advised her to talk to the chief She talked to the chief,
wrote a letter formally making a complaint about Officer McMartin. Her initial
response from the chief was fine. Let's have a meeting between the three of us
which frightened her but her assured her that it would be okay. She went in the
next day a~,d had a meeting. During that meeting Officer McMartin was very very
smug. He admitted no wrongdoing and he said that the only reason- First he tried
to blame her, that she kind of got him to back off. He said that he had not
remembered putting his long johns on that night and he was cold and he was just in
a bad mood. He, however, did not want to apologize. He did not feel that he did
anything wrong and he was still trying to blame her. At that point she basically, still
frightened about the repercussions if she stood up to this man, ask him to leave
and spoke with the chief and the chief- talked to the chief that she was not
satisfied. He said what do you want. She said I would like an apology. She then
got, if you will pardon the expression, a halfassed apology from Officer McMartin
with a very smug look on her face and the chief said are you satisfied with an also
smug look on his face and at that point she felt pretty powerless and accepted it.
From that point whenever we drove around in Iowa City in that area, whether I
was driving or she was driving in the evening, which is when this happened, she
would say be careful, this is his area. She was worried about retribution. She was
frightened for her safety. This is not an overemotional and reactive person. I mean,
normally she is like stoic. So I knew that he had really frightened her and frankly I
was a little bit concerned about coming here because after this incident and others
that I have been reading about. I was a little bit concerned about that myself But I
decided this was too important. I mean, there is a man that is dead. And I do
express my condolences to the family and it is very obvious when I read the chief
o£police response, that he thought that 1- up until now everything he had heard
was proper. But then 2- he also said in today's paper that he really didn't talk to
them about what had happened. I don't know how he is responding when he said
in the Press Citizen today that he really did not talk to his officers about what
happened that day. To me, that is troubling. How can you respond that your
officers did the right tiring when you haven't talked to your officers about what
they did and lastly, I would like to say this. In my professional experience and my
personal experience in town the last three years with the Iowa City police, I have
had some very good experiences. I have also seen a number of officers who I can
name but will not who do treat the kids d.t. well. I work with teenagers in town.
And I watch them. I have a business on the ped mall. I am invested in how these
kids are being treated by the police and I have seen some of the same things that
some of these other people have talked about, the negative behavior. I have also
seen some good behavior. I am not here to condemn the Iowa City police. There
are certain officers that I am concerned about. I am more concerned about the
chief of police and how he is handling this. I believe that his officer's behavior may
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be partly because of the way he has chosen thus far to respond to these instances.
Thank you.
Don Freiman/I have been a resident of this area for the last 29 years off and on. And for
the second time, I find that I am grieving for an innocent victim where as a result
of a patrolman behavior. 20 years ago an Iowa City patrolman passed a pistol to a
convicted felon so that he might be caught in the act of pulling an armed robbery.
Rather than pull an armed robbery, the man shot somebody, killed a woman,
mother of two children. The AFT ruled that this was a internal matter and the
Police Department swept it under the rug, so to speak. The matter of fact, the
citizens of Iowa City bore the expense of this patrolman's legal expenses. Now we
have another incident and we have an investigation, an internal investigation,
where one of the officers was involved in the Earl Baugh incident two n/ghts
before. I don't understand how this man could be appointed. Isn't there a conflict
of interest there. How can we respect his judgement. We also have an investigator
hired by the city attorney. This investigator is associated with the patrolman who
was involved in this incident 20 years ago. How can we trust this investigation?
Isn't there a conflict ofinterest there? If you want to clean up these problems, you
are going to have to do something besides hire people that have an ax to grind.
Thank you.
Caroline Dieterie/I am here not just because I am a citizen who cares about Iowa City,
who has lived here since 1968 but because my two oldest children were friends
f~om childhood with Eric. I have watched the city over the years and I have a
healthy respect for the bureaucracy that is Iowa City government. It is able to
swallow a great deal with hardly a trace. But this bureaucracy I do not believe can
grind up and swallow a situation this serious. It's true that many of the people who
are stopped by the Iowa City police are not faultless. When I was talking to my
children this incident I made the rentark that at least they were able to apprehend
people for public intoxication efficiently. I found out from them that they have
friends who have been apprehended because they had too much to drink but were
not being violent and were treated violently by the police. These people are not
going to respect the police and they are not going to ask the police for help when
there is a truly dangerous situation either because they won't trust them. Tiffs is a
very bad situation for the city and very bad when we are trying to control juvenile
behavior generally. My kids are too old, I think, to be involved with this but they
are not that much too old. Within the last few years they were younger. The third
thing is that Caesar's wife has got to be above reproach and that is true of the
Police Department here as well because anybody who reads the papers and listens
to the news knows that in many cities across the United States there are instances
of police corruption and police mistreatment of people. Why are we so egotistical
to think that this can't happen here. It can and it will if we are not careful about it.
We don't want this to be a Los Angeles or anywhere even near that. But it will be
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that as it gets bigger if we don't care and we don't watch ~vhat is going on and I
also want to ask you to appoint a civilian review board. You cannot have an
investigation into an incident this serious done in house and have the citizen's
respect the results and believe them. And you need the credibility because if you
don't have the credibility, I can almost promise you that we are going to have a
new council because- Over the years I have watched both the county government
and the city government and have been involved, you know, in one way or another
several times in election campaigns, I served on the Airport Commission, things
llke that. I worked in the county government. And it has been my experience that
citizen boards are really very good. That the people who volunteer and want to be
on those boards do so because they have a real interest, because they want to serve
their communities and because they don't mind serving and giving their time for
nothing. The fact that they serve for nothing gives them more credibility than
people who are paid. I know that the council doesn't make much money and I am
sure that is not why you run for office to make money. But, you know, the people
who work for the city government in the other offices beneath you, the city
manager, the city attorney, the Police Department. They are all having their
salaries paid by the city and so they have vested interest and not necessarily having
the same even handed approach that an unpaid civilian does and I don't see why if
civilians can be trusted to do a good job on the Human Rts. Commission, on the
Airport Commission, on any of the other boards and commission that people
volunteer for, that they can't be trusted to do an even handed and good job with a
police review board. Other towns have them. They make it work. I don't see why
we can't, too. And finally, I would like to say that when I went to the visitation, I
noticed that on the table there, there was a statement by Eric himself about what
he wanted his art to mean and he wanted his art to demonstrate to people how
violent our society had become. And in a sense he died for what he wanted to do.
And I think we should respect that by taking some kind of action and finally I
would like to say that my daughter wrote the letter to the paper that appeared in
the DI today and she cannot make people in the Netherlands understand how this
kind of thing can happen because this kind of thing doesn't happen over there.
Thank you.
Mark Denning/I am a member of the International Socialist Organization and I would like
to say something about the ISO. When we called this demonstration here today, 1
thought- I knew there was a lot of anger in the community but the turnout today at
the demonstration before this council meeting and here in the council meeting right
now is really inspiring. A lot of speakers have come up here and said that they are
now sort of ashamed to be citizens of Iowa City because of the killing of Eric
Shaw and the misconduct of the Iowa City Police Department but I think tonight
the amount of people who have come here and had the courage to express their
concerns and their experiences with the Police Department makes me proud to be
a citizen of this city and I think what we should all remember is this is not- this
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incident here is not the first. I think all the people who have come up here and
talked about their different experiences with the Police Department, either being
brutalized or ignored or any of a number of things and a lot of the officers who
were mentioned, I remember specifically Officer McMartin who attacked a
bicyclist on the ped mall I think a couple of years ago. I really wasn't surprised that
his name crone up tonight in an entirely separate incident because a lot of these
names are pretty familiea- to a lot of people and I would like to ask the council here
to really take seriously the things that the people have been saying tonight because
if you are truly representatives ofthis community, then you should meet their
demands because they are more than reasonable. Thank you.
Daryl Woodson/1 have lived in Iowa City for 30 years now and I don't think I have seen
this city this much up in arms over any incident. I won't repeat the same sort of
things that everybody has said but I did this week speak to several police officers.
Several of them said that they were upset at the chief for not appointing an outside
investigation because they felt that the pemeption of an internal police
investigation would be that it was not credible. If our aligning officers in our Police
Department feel that way, then we have a problem, a double problem. And if you
didn't think that there is a need for a permanent citizen police commission in this
town, the last two and a half hours or two hours should have convinced you. If
everyone who was up here tonight and other people had a commission that they
could go to when they had complaints about the Police Department that they felt
that they could get a fair hearing and a commission that could regularly review the
policies and the procedures of the department, we might be able to stop this sort
situation before it gets to this point. Thank you.
Cathy
Brenneman/I was prompted to come down here after sitting at home and watching
it. I felt that there is so much being said that is true and is actually felt from the
heart. I thought there were two things that were not being expressed. First of all
that is a situation that goes far beyond those of us who feel that there has been a
major wrong done here that is not being brought to justice. There is also a
completely different aspect to this and there are families that are hurting that are
actually spouses or significant others of the officers involved. I do not believe that
the officers in Iowa City intentionally set out to murder a man. I do believe,
however, that that is what ended up happening and regardless of the means
meeting the ends, the ends is what we have left to deal with. I guess my big thing
that I wanted to express was the fact that safety and safety in our community is
linked very closely to honesty and it is all about perception. And ill don't perceive
that I am safe and I perceive that I cannot call the Iowa City Police Department to
act either on my behalf or on behalf of others, then there is a problem. And with
that commitment to safety comes a commitment to honesty. And ifl feel,
regardless if I feel safe and yet I feel the department is being dishonest, then neither
of them will hold up and so, I guess I just wanted to express that as a citizen of
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Iowa City for many years and a student here that the one thing we need to learn is
that reality is about perception and so the council needs to take a lead here and set
what will be percieved in the future. Thank you.
Nov/Is there someone else who would like to speak in this particular issue? On behalf- Is
it this issue? Say your name please.
Tye Kirk/I have been a resident here for three weeks now and the last three weeks I have
walked around and 1 felt such community, such warmth. People I don't know at all
and I just couldn't believe how caring and thoughtful every person has been to me
and that I look into people's faces and wonder why are they embracing and then a
couple of weeks ago I read a newspaper article I think in the DI and it was about
the Shaw murder and I can of thought it was kind of a weird thing to happen. That
this policeman just walked in the house and killed him. But you know I know that
this kind of stuff happens because I have kind of feel a little desensitized by
everything and that how much it happens. It still kind of shocked me a little bit that
because of just the contradiction of reading this article and then feeling what I felt
from the community. And then how I come here and I hear of the past of how this
has happened over and over again and I just can't really believe that this has been
let go on for so long. You know, this is (can't hear) I can't be desensitized to not
feel anything from this. 1 don't think it is possible to be desensitized enough. I just-
I feel from this fight today, I feel afraid of the police and its system. I fear that
what happened will maybe happen again. I fear that maybe you will be impotent to
act on this and try to change it because I feel that if nothing is done that nothing
will change and that this will happen again. This will be let to happen again.
Thanks.
Nov/Excuse me. We have someone who has not spoken yet. Would you please wait.
Could you wait until someone else who has not spoken yet? Thank you. We really
try not to have somebody speak twice if there is till someone who wants to.
Sally Peck/I am sorry I waited. I almost wasn't going to speak because I feel like I have
so much to say. I have lived in this area since the late 60's although I was gone for
a period of time. I am a lawyer. I represent persons accused of crimes in this
community. What the people have said tonight, the citizens of this community have
told you about the way they have been treated by the police in this community
should be believable to you. You should pay attention to it. It does happen. What
you have heard is probably only the tip of the iceberg. When my daughter, who
knew Eric Shaw, called me and told me that he had been killed, I didn't know Eric
but I burst into tears and I was in shock. But in a way I wasn't really too awfully
surprised because I know from having read what is contained in the records that
other people don't get a chance to see from the police reports. I know because I
have heard my clients and have an independent investigations reveal the truth of
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what my client has told me and then this statement of facts which are contained in
the reports sometimes. It is frightening. I called up Mr. and Mrs. Shaw. I talked to
Blossom Shaw. I had never met her before. The agony that welled up from inside
of her was an agony that was unspeakable. Unspeakable. I was a complete stranger
to her and she revealed her agony, her deepest agony for a slaying of her son. All
of us should feel that same agony for the slaying of a citizen of this community.
Mr. and Mrs. J. Shaw, Blossom Shaw, Eric Shaw, and Alissa Shaw are citizens of
Iowa City community. We are citizens ofthe Iowa City community. We and you
owe it to the citizens, Mr. and Mrs. Shaw and their family and the rest of us to
have a citizen's review, an independent review. You cannot have the fox guarding
the chicken house. It must be independent. The perception has got to be- It cannot
be a perception that there has been a cover up. Too often when citizens are shot by
law enforcement officers, even the DCI comes out with a statement that it was
justified. In this instance there was a dangling telephone that prevents that from
happening. Now you must take that next step. You must not let the police
investigate themselves. You must have an independent investigation of this. Not
only ofthe Eric Shaw slaying but also the police procedures in this connnunity. We
need good law enforcement. We can have it. The citizens of this community are
good people. For the most part they are law abiding people and they deserve to
have decent law enforcement from the department and from you. Thank you.
Duane Rohovit/Like Ms. Peck, I am someone who has worked in the criminal justice
system in this city and now in Cedar Rapids for 22 years as a criminal defense
attorney. So I have had a chance to interact with this police force and the one in
Cedar Rapids as well and I am concerned about the future, Many people more
elegantly than I have summed up their feelings about what occurred to this
community. But I am looking for tomorrow and as someone who works in the
criminal justice system, understand that there is going to be no criminal justice in
this town until the citizens again trust the police force and our task in this city is
going to be reconstruct that trust. Law enforcement will tell you that they cannot
work without citizens. Citizens solve the majority of crimes, not law enforcement.
That may come as a surprise to you but if you have worked in this area, you will
know that most evidence, most tips, most aid comes from citizens and if the
citizens do not trust their police, the quality of law enforcement in this town is
going to suffer. We have to figure our a way to do that and I think that some of
things that have been suggested tonight buy the speakers provide excellent means.
If Chief Winldehake is so concerned about the moral of his officers, 1 would
suggest that he sign on for a citizens review board because that is the only thing
that is going to increase the moral of his officers. If all of us can again
communicate with the police, attempt to understand and share information and if
we feel like the police in this city work for us, the citizens, not the other way
around, we pay their salaries. They work for us. We got to work with them but
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until trust is re, developed, we have got a big problem with law enforcement in this
town. Thanks.
Lofi Dyer/And I would like to tell these people what happened to my children in January
where a suppose to be friend of mine got drank and he beat up my children and
when we told the police it took them ten days to just get to arrest the guy to press
charges against him. I had to call the city council and talk to Karen Kubby to get
the pressure on them just to arrest the guy and they didn't even press charges
against him for assaulting my daughter. They only did it for my son. But they must
have some doubt because they made us go to St. Luke's hospital and have some
kind of test done thinking that we were the ones that abused my son and I have
never been caught. I have never abused my son in my life. Or my daughter. Not in
the 'way he abused them. He abused them really bad and it has affected my son still
to this day. He is scared of that man coming to our place.
Audience/He hits his own daughter.
Dyer/Yeah. And They didn't charge him for assault for my daughter. Only for my son and
all they did was give him, they said they busted him and threw him in jail for one
night and he is on some kind of probation where the only time he has to go to
probation is if he gets in trouble. And he is walking the streets to this day and he
beats his own child all the time. I have got witnesses to it. He beats her like a red
headed step child. And he gets away with it and then I read in the paper yesterday
that it if that cop passes a psychologist evaluation, that he might be able to go back
on duty. And what if he does it to some more people. I mean does he have an itchy
trigger finger or what. That guy wasn't holding a gun. He didn't have no fight to
shoot that guy. I mean, he is getting paid for it, too That is bull. I don't think he
should get paid for it. I think he should have got canned and thrown in the joint. If
it was one of us and we shot a cop, we'd be in the joint so quick it would make
your head spin. The cop shoots somebody and they can get away with it? That is
not fair and I just wanted to tell people that, too. So they can know that if anybody
else's child get beat up by somebody that they will probably walking the streets
and get away with it. That is all I got to say. Bye.
Devine Axton/The gal that just spoke. I have seen Bruce on his own daughter. He has
beat his own daughter. I think what she is trying to say is we would like to see
child molesters and rapists get more time. Steal my cars, steal everything in my
home, don't touch me, don't touch my kid. Give molesters and rapists more time.
There is an officer in Coralville by the name of Rush who stole condoms and baby
clothes. He got fired. I have got a good question. Why doesn't this man and why is
he getting paid? Thank you very much
Nov/There is anyone else who wanted to say something? Yes. Please come forward.
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Tom Hadash/I attended yesterday's press conference I guess and the chief of police said
that he didn't know for two days about this incident concerning lvlr. Bahl and I
find that incredulous. How can a gun be drawn on a citizen in this community. He
is made to lie down on the ground and the chief of police does not know it for two
days. Who is in charge of this Police Department? Are we coveting something up?
Why did ~t take two days for this incident, for the chief of police to become aware
of this incident? Can anybody answer that question for me?
Nov/Is there an answer that is easy to give on this? It is a complicated situation. I want to
say on behalf of the city council that these issues are complex and these issues are
troublesome. We appreciate the fact that you have come to share your concerns
because we have all asked the same questions. We have all received the same non-
answer because all the investigations have been pulled out of the hands of the city.
However, the only thing that was in the paper was an internal investigation among
the police officers. There are also a couple of external investigations on the same
procedures and we have not made a decision whether or not to hire a review board
and we will think about all of your concerns and we will get back to you.
Kubby/Naomi, one of the things that Aaron had said earlier was that it seemed like the
community wants to be part of the institution. But for me, what I am heating
tonight, is that the institution needs to be part of the community.
Audience/I would like to ask a question.
Nov/Please come to the microphone.
Lynne TyleeJ You stated that the city, that the investigation was taken away from the city
which I did read in the paper. I am troubled by the fact that the city feels that they
have lost control of their own city's investigation and that there must be something
that this city can do to get control back. I cannot believe that there isn't sometiring
that you could do or the hesitation to do that.
Nov/No, it is a state investigation.
Tylee/I am aware of that. I read it in the paper.
Nov/And the county attorney is in charge receiving the information from the state and it is
his decision to release it to us and anyone else and he has not yet made that
decision.
Tylee/I understand. But if the county attorney is making the decision it goes back to and
he is waiting on the DCI. It goes back to my concern and other people's concerns
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that was stated tonight that you are talking about an internal investigation. The
DCI is involved with the police. We have had a couple of lawyers, myself who is a
psychotherapist that has testified in the courts locally that have told you that that
will not work and as the mayor and the city council, we are asking you to take
control back.
Nov/Before we leave the public discussion item, is there someone here who came to talk
about another issue?
Kubby/Naomi, before we go on, in a certain sense I am so overwhelmed by what people
had said that it is hard to really think in any logical way. But one of the things my
gut tells me to do is that we need to meet a couple of extra times now, the next
day, to begin to talk about some of these issues. Just a chance to just feel this for
awhile and get together quickly to talk about it to make sure that we understand all
the processes that are going on and to quit saying all the things we can't do and
begin talking about what we can do and the things that we can't do, we need to
explain as clear as we can, even if we feel like we have done it. To say why we
can't do it, what are the constraints, what are the time frames and to keep in the
clearest communication on a regular basis that we can. Maybe we need to set up a
hotline number where people can call in their concerns. I don't know what all the
things are but to begin soon to start brainstorming. One of the things that Steve
Arkins said at the press conference that really I was so grateful that you said was
that we need to begin to rebuild our relationship with the community. And not just
the police part but the city council, these seven up here and that we need to begin
talking about that in some way and I hope that we can do it soon and not wait for
two weeks when we have another scheduled meeting.
Nov/Well, we could talk about that. But we certainly share all of these concerns and we
certainly will talk about it.
Patricia Vanrollins/Just one more question, if I might. Who advises the city council as to
what they can do and what they can't do. Are you being advised as to what you
need to do to take control? Do you know where you fit here?
Nov/This is not something we are prepared to discuss tonight. We are not going to
change to discussion at the moment. We are going to do this at another time.
Kubby/We are being asked to provide some leadership and we need to do it.
Vanrollins/Yes.
Thomberry/I am first and foremost a citizen of Iowa City, a businessman. I was born and
raised here. This affects me just as much or more than any of you and it bothers me
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to have to be here and do and ,say some of the things or not say some of the things
as a elected representative of us, of the people of Iowa City. Please bear with me. I
don't want a lynch mob and neither do you. We need to get to the bottom of this.
We need to get to the bottom of it quickly and we don't want it to happen again.
Please let us do our job.
Colleen Finnegan/I would like to address you, Mr. Thornbemj, because I was born here
as well as you and neither one of us is affected anymore than any of the other
people here in this room. I am just standing before you. I want to be counted. I am
your constituency. We are your constituency. All that we are asking is to have the
opportunity to find out what went wrong. We don't want to lynch anybody. We
are looking for the truth in this situation. It is our right to demand from you the
ability to do that.
Nov/We all agree with you. We all want the truth here. There is no one up here who
disagrees with what you have to say.
Helen Schraeder/I have been a member of the community now for ten years. I guess some
of us are still confused. Are you saying that it is not within your power to set up
fight now, right this minute a citizens review board?
Nov/It is probably within our power but they would have no information yet on which to
act and we prefer to wait and think a little bit longer until we have more
information before we act.
Schraeder/And so you are saying later you might set one up?
Nov/We are saying we are thinking. That is exactly all we are saying.
Schraeder/So the power you do have, the power to do it, you are just choosing to wait. Is
that correct? That you have the power?
Nov/We are in a position where the facts are not yet available. The power to set up
something that is going to sit there and do nothing until the facts are available is
not my choice.
Schraeder/I have the feeling that if you set one up it wouldn't do nothing. I have a feeling
that it would do a great deal fight away like tomorrow night.
Nov/
Kubby/We are being told that there is a certain time frame to the investigation. We all
know how slow the wheels of local government can work. If we want a citizens
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review board to be up and running by the time the facts are in, we need to be begin
to speak to decide to do it. That is why I believe that we need to have a meeting
tomorrow. I am suppose to visit my 91 year old grandmother in Des Moines. I will
forego that trip to stay here to have a special meeting to begin to talk about what
does the group think because we have not talked about it. The only time the city
council has talked about this is last Wednesday when it was brought up at our
vision statement and only two council members had any interest at all in doing it.
There was not discussion. So I don't really understand the ability to say we don't
think that it is available, that we should do this at this time. That may be your
individual opinion but I think we need to talk about that and discuss it. What is the
different forms it could take, what different roles could it play, permanently and in
the short term for this particular extraordinary incident. Right now.
Nov/This is not something we are going to discuss and this is not something we are going
to decide tonight.
Kubby/But we could decide to hold a special meeting tomorrow or Thursday or Friday to
discuss that and put notice to the public.
Baker/Naomi, can I say something. I have to agree with you. This is not something we
ought to decide tonight. It is something that we ought to discuss tonight but as
uncomfortable as it is, you didn't elect us to make those kinds of serious decisions
in this kind of environment. 1 am sorry. You didn't do it that way and if we don't
do it, I am inclined to say we ought to do it. But if we don't do it, then you have
every fight to come down here and demand to know why. But you should not say
to us because we won't do it tonight that somehow we are remiss in our
responsibilities. We ought to talk about it. Karen is right. We ought to talk about it
soon. When you raised that issue at a previous meeting, I think my comment was
at that moment I was not interested in making a decision about that because the
incident that has provoked this, the primary incident, the facts ofwhich have still
not been established. We don't know what those facts are. These other incidents
are part of a larger problem that we need to talk about very soon and I think this
council is very seriously considering exactly the steps that you are talking about.
But I think you want us to take this as seriously as we should and conscientiously
as we should and not respond to an emotional moment right now. I will say
individually I think we ought to have a civilian review board. That is my inclination
fight now but I want to see what those other investigations establish as the facts. I
think that is fair. I think that is what you can expect from us. Karen wants to talk
about meeting soon to discuss this. I am all for that. That is a good idea.
Caroline Dieterie/I think that I would like to just say that it would be nice if maybe we
had some different language to distinguish between investigating this specific
incident of the Shaw tragedy and the need for an ongoing civilian review board
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that will be oversight for the Police Department on an ongoing basis which other
communities do have. And I did not see that there is any reason why you can't
decide to have such an ongoing review board even telling them that they can't
consider what happened with the Shaw tragedy until al~er you get all of these facts
which you are talking about. I can understand that. But I did not understand, you
know, if the rest of the week goes by and I hear that the city council has decided
that we don't need a civilian review board to keep a steady watch over what
happens in law enforcement in the town. Those are two separate issue. What
happens with the Shaw case and what we really have needed for a long long time
and will probably continue to need if we are going to build any trust anymore. And
you know I don't see any reason and I bet a lot of others people don't either why
you can't get together sometime this week and set up the mechanism to get a
civilian review board that is an ongoing thing, not just for this incident. Thank you.
Norton/I would like to coJnment on that. I think it is important to consider if there is two
kinds of boards, one that deals with the present situation because establishing a
longer term may be different. That is one of the kinds of issues we have to- I think
there is general agreement, as I sense it, in some kind of a group of that kind to do
not only to review this particular incident and the related ones as Steve alluded to
but also possibly to set up something in a standing fashion. But we ought to think
about that and I agree with you that we need to do it promptly. We have a heavy
agenda but I think we ought to do it as soon as we decently can get together. That
would be my view.
Kubby/How about Friday?
Vanderhoef/How about tomorrow or next week.
Woito/How about tomorrow?
Council/(All talking).
CHANGE TAPE TO REEL 96-104 SIDE I
Arkins/Folks, may I comment? The process of citizen review boards, civilian review, they
have taken on a number of different names. This evening I have taken, I think,
copious notes on what everyone has said to say and very clearly I think Mr.
Hadash, if he is still here, started his comments, Tom Hadash, the issue is oversight
on the part of the community. We have internally begun some of the work that is
being suggested and I have to tell you that a good bit of that work is at the
initiation of the chief of police. We have begun to try to frame this issue before you
recognizing that the citizen review process can take on, as was pointed out, there
is a current circumstance and then there is a separate issue of something of longer
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standing. Let me tell you just very briefly what some of the points of contention
that we have in trying to fashion this thing before you. One, and this was also at
the chiefs comments. As Caroline pointed out, we have a tradition of the use of
citizen boards and commissions. We do human rights, we do housing, we do
parks, we do fiver fronts, we do all sorts of things. So the tradition is established.
Our concern was one of the independent nature. How to achieve the independence
that we hear the audience saying to you. Daryl Woodson made a comment that
officers indicated that they were concerned that the chief had not appointed an
outside agent. That has been one of the points of contention and criticism and it
was his concern how do I do that effectively and achieve independence. The same
would rest with you. How do you do that and achieve the independent nature. It
has to be carefully crafted if it is going to do the fight thing. We have in place labor
contracts which the o~cers have. We have the Civil Service Commission. For the
communities understanding, certain officers were named, there is some familiarity
with these issues, Civil Service Commission was open, was public, all of those
records were made available. And you certainly have the courts. It has to be
carefully crafted and we have already begun the research talking to other
communities, there are not a lot ofthem, but other communities on how we might
make this thing work. I think that is important because most of the work and I may
not have clarified satisfactorily when I had the press conference the other day with
the chief, when I asked for a report on what happened, how it happened, why it
happened. That was the beginning the to frame this very issue. And I am
concerned that the chief is taking it on the chin for things that quite frankly at his
initiation we are trying to put together on your behalf The timing of the thing
clearly rests with you. That is where it is.
Nov/We did have a meeting scheduled for next week one day and we can ask some staff
to do some research on how these boards have been conducted, have been
established and we can discuss this at that time.
Kubby/What is the date of that scheduled meeting?
Atkins/17th.
Kubby/September 17, 4:00- 8:00.
Arkins/We have capital projects planned for that evening.
Nov/We can set aside capital projects. They can wait.
Arkins/We can frame this issue for you. I just want you understand that we don't want to
run into the law on different points and end up defeating the very purpose what I
think you are trying to achieve.
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Kubby/It may be that there are community members that have some ideas on how we can
~tiate this and have it be truly independent. I am sure people have ideas. Write
them down. Send them to us. Call us, e-mail us, city manager's office. We are
accessible but you have to access us for us to be accessible.
Patricia Vanrollins/One more question. I am concerned when I hear we are framing the
issue. Like whose is- We would not expect that the chief of police would be
framing the issue.
Arkins/The we is me. The chief reports to me, I report to them. Framing the issue means I
will give them the elements of the process. It will be up to them to fashion it. I am
assuming, Linda, it will be in a form of an ordinance or at the very least a
resolution. The council, I think- Maybe, Pat, you are concerned about the
language. The council is fully aware of what I do as I frame an issue for them.
The3,, then, have the ability to turn it upside down, twist it, pull it all a part. We try
to create-
Vanrollins/I heard the we being like you and the chief of police.
Arkins/The chief has made earlier recommendations. We are trying to put it together in a
fashion that the council can react to legislatively which is their responsibility also.
Kubby/As has the City Attorney.
Woito/I have recommended it to the council. We talked about last night.
Nov/And we also have to mention the fact that there is an insurance company conducting
an independent outside investigation. Not only of this incident but of general
procedures and practices.
Arkins/One of the most critical elements, I would say, to the community is the definition
of independence. It is very hard to fully achieve independence when I heard several
of you say city council appoint. No, we want to do it. Well, what do you want to
do? I think I understand thejist of it. But, again, that independence is not a perfect
world and we are trying to make it as independent and again, the type of review
authority. I guess the bottom line and again, it was mentioned by Caroline, I think
the most is we have a tradition of strong citizen participation in our boards and
commissions. And they haven't failed us very often.
Baker/Steve, I can just pick up on that distinction that you referred to and that Caroline
referred to which is the two issues. One, the long terms role of citizen review
power and ttfis particular case. I sense a direction that the council is moving into to
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see if that is feasible, how it would work, how it would be put together. Our
hesitation tonight is not opposition or hostility. It is a recognition that it is more
complex than I think we would have it be and that is going to take time to work
out. The other issue do we need a separate review board investigation of this
particular ease, I would suggest has to wait until we get- It may take a week or ten
more days until we have a starting point of those other investigations. We may find
that the public may find that the results of that match their expectation ofwhat
justice is. I don't know.
Atkins/And none of us know that.
Sheila Knopfoh-Odole/I think everything that has been discussed here tonight is really
valid and really important I really feel confident that it will go in the direction we
need to. I want to restate a couple of ideas that I expressed earlier and when you
mention the contracts, 1 think we should have it written into an officer's contract
that any use of excessive force is an automatic termination of that contract. That is
one idea. And again-
Thomberry/We can write it but the union would have to accept it. That is in negotiations.
Knopfoh-Odole/Certainly but I think it is something that is really important to think
about, you know. And the second thing is do Iowa City Police really need to carry
guns on their person, you know. I just- I don't know. I don't think so.
Nov/We are going to take a break. However, if there is someone here who came for
Public Discussion on another topic, I would like to give him a chance to speak
before we take a break.
Kubby/Thank you all very much for being here.
Nov/Thank you for coming and thank you for bringing your concerns.
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ITEM NO. 5a. Amending the Zoning Chapter by amending the Conditional Zoning Agreement
for WestPort Plaza to eliminate the requirement for a "cohesive, integrated development,"
and to remove the requirement for the facades of the buildings to provide ~horizontal
continuity," for property located in the CC-2, Community Commercial zone at 85,5 Highway
1 West.
Nov/The first section of this is a p.h. and the we are going to have first consideration of
an ordinance. Karin Franklin.
Franklin/We do have a signed amended CZA. What that means is that what you are
considering then is the amended CZA. You are not considering the Staples project
per se. But you are looking at this amended agreement. If you approve the
amended agreement, then that means that we can go ahead and administratively
approve the Staples Project. Okay.
Nov/Okay. The p.h. on this issue is now open. Is there anyone who would like to
comment on this? Okay. We now have all the signatures in hand. We are going to
close this p.h. once and for all.
Woito/Yes.
Nov/Okay. The p.h. is closed. We need a motion to-
Moved by Norton, seconded by Thomberry, that this ordinance be given first
consideration. Discussion.
Norton/l will make a couple of relatively quick points having pondered this issue
excessively. It seems to me that if we proceed to amend the CZA, reluctant as I
may be given the hard work that went into it, Staples can proceed, I understand.
We get a decently designed comer. I assume those plans are evolving. Presumably
be properly screened, integrated as well as we can without having a structure
there. We get a 24,000 square foot commercial- About as close as we ultimately
get even if the city parking requirements were imposed. So I feel that it would
make the best of a kind o£difficult situation even though in some ways I am
reluctant. I am going to go ahead and vote in favor of amending the CZA. Okay.
Baker/It is like I don't disagree with you but-
Norton/Oh well, that has happened before. Consistency is a bugaboo of mine.
Baker/Oh. When has that ever bothered anybody on this council. I am going to vote
against this and I- I want to go briefly back through sort of a train of events for the
public sake and to sort of refresh my own memory because it has been so long
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since we originally talked about this and I am trying to describe this. What is the
core issue here? And I have figured out one tiring. I have figured out what the core
issue is not in this particular case. This is not an issue about economic
development. That is not the approach that I think is relevant here. I worship at
that church just like the rest of you. It is a- We have a CZA that is on the books. A
business comes in and is told by the staff that their project doesn't quite fit the
CZA. There is a disagreement about what the CZA, conditioning zoning
agreement actually means or what it meant in the past or what it should mean now.
The problem is there is a restrictive covenant on the land that occurred after the
CZA was in place. The developer goes back to the holder of the restrictive
covenant and asks for relief and it is not given to them by another business in the
same site in the same area. It comes to our P/Z Commission seeking an
amendment. Staff, P/Z Commission turn them down. Now the Zoning
Commission, 1 will admit, they have turned them down for different reasons than I
did. They wanted more negotiations and the developer was either unwilling or
unable to continue those negotiations at that level and they appealed to the city
council. So we are being asked to overturn the Commission's decision. This is not
a problem created by the CZA. It is a problem between two businesses. I firmly
believe that and we are being asked to resolve that problem to make one business
viable in that location. I world prefer that the city tell the businesses involved, you
have to resolve this. I don't think we need to amend the zoning agreement to make
that happen. If one of our key words here is flexibility, I think we should expect it
from the outside as well as the inside. I got ten more minutes but that is it folks.
Kubby/I am also going to vote no for some of the same reasons. Basically I feel that by
changing the CZA we are basically allowing Wal-Mart to dictate our development
policies and how our community is going to be and that is not a principle and so I
will be voting-
Lehman/Well, I will be voting yes on this because, as I understand it, when Wal-Mart
built they were allowed a building some 30% larger than was originally showed on
the agreement and also not to provide the row of smaller shops on one end that
were provided. In my opinion we pretty much violated that agreement ourselves.
So I don't think the agreement still exists.
Kubby/Ifa majority of council feels that way, we need to make sure that our Planning
Department gets that message and that when there is a site plan in CZA, we need
to be clear about how much flexibility is there. In essence, we have let~ that to the
judgment of the department head and if we feel that it was an error, we need to
communicate that is that they can choose to make different judgments and get
more guidelines from us if the majority feels that way.
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Vanderhoef/I don't disagree with what you are saying there, Karen, and I am going to
agree with Ernie that the CZA was already broken earlier on by Wal-Mart to begin
with. However, as I look at this whole possibility on the project as it is being
presented to us and the way that Wal-Mart is presently is set up with their lawn
and garden area out there, I don't see that the continuous facade thing is ever
going to be a possibility and here again, it would be another exception for
Wal-Mart. So I am going to vote for fids project because I don't feel that the CZA
is still in place and yes, I would go with you to say P/Z let's be sure we tighten this
up or let's take a look at what we allow in the future for a second company to
come in and change our parking requirements or whatever it is that they might be
choosing to put on their contract.
Kubby/Another option is instead of amending our CZA, that Wal-Mart needs to amend
how they have things so that they have a garden center in a different place so that
the CZA, what is left of the CZA can be- Why do we have to amend our things
because it is really Walmart's private decision about the parking? Why can't
Wal-Mart then say we are going to move our garden center and reconfigure things
so that the rest of the CZA that I still (can't hear) can be lived out as was
negotiated through a community process?
Norton/Ifl thought we can get a direct handle on Wal-Mart by going that route, I would
have done that. But I think it gets very complicated with what you are going to
gain out that and what risks are there ofwinning and of losing and those cost both
time and effort and all the rest is very substantial. And in the best of circumstances,
even if the city standards for parking were in place rather than those composed by
Walman's restrictive covenant, by my best calculations, we might gain 5,000-
6,000 square feet of commercial space in that comer over and above what we
would get with Staples. It just doesn't seem to me to be worth the candle at this
point to do that assuming the staff can work out a reasonably coherent appearance
of that situation and not let too much traffic through there. In other words, if
Wal-Mart has a drive, I hope we don't have to have two driveways through there.
But the real lesson, it seems to me, is how can we write CZAs in the future such
that subsequent restrictive covenants don't bite us this way. I don't know just how
that is going to be done because it is kind of hard to imagine but we don't even get
to see those restrictive covenants particular when the property changes hands and
it seems to me that is the lesson we have got to get out of this.
Kubby/The other lesson from Wal-Mart is that you can come in and control communities
and how they do business and we are just letting them do it and it is like they are
too big to fight and then nobody fights them. Then they get too big to fight.
Norton/We have got to be smarter then.
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Kubby/I agree we need to look at-
Norton/Not bigger but smarter.
Nov/I think we have all learned a lesson on CZAs for the future and we will hopefully do
better next time and this is probably, based on the current agreement, the best we
can do. Are we ready?
Lehman/Yes.
Nov/Roll call- First consideration passed, 5-2, with Baker and Kubby voting no.
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City of Iowa City
Page 5
Public hearing on an ordinance vacating the portion of St. Matthias'
Street (formerly known as St. Matthias' Alley), right-of-way located
north of Dodge St. and St. John's Alley, located between St. Clement's
Street and St. Matthias' St. (VAC94-0004)
Comment: At its May 16 meeting, the Planning and Zoning
Commission, by a vote of 6-0, recommended approval of the proposed
vacation, subject to the retention of utility easements. The Commission
recommended the alleys not be disposed of until an agreement is
reached between the City and Roberts Hometown Dairies regarding the
improvements to Dodge Street and the value of the alleys. Staff
recommended approval in a report dated May 1§.
Consider an ordinance vacating a portion of Lee Street, an undeveloped
right-of-way located between River Street and Otto Street.
(VAC96-0001) (First consideration)
Comment: At its June 6 meeting, the Planning and Zoning
Commission, by a vote of 5-0, recommended approval of the vacation,
subject to the retention of easements for a storm sewer and public
utilities. Staff recommended approval in a report dated June 6.
Consider an ordinance amending Title 14, Chapter 6, entitled "Zoning,"
Article H, entitled "Industrial Zones," Section 1, entitled "General
Industrial Zone {I-1)" to add a special exception to allow limited retail
sales in the I-1 zone. {First consideration)
Comment: At its July 18 meeting, the Planning and Zoning
Commission, by a vote of 6-1 with Scott voting in the negative,
recommended approval of the proposed ordinance. The Cornmiss,oh's
recommendation is generally consistent with the staff recommendation
contained in the July 11 staff memorandum.
#5b September 10, 1996 Formal Council Meeting Page I
ITEM NO. 5b. Public hearing on an ordinance vacating the portion of St, Mathias' Street
(formerly known as St. Matthias' Alley), right-of-way located north of Dodge St. and St.
John's Allay, located between St. Clement's Street and St. Matthias' St, (VAC94-0004)
Nov/P.h. is now open.
Karr/Could we have a motion to accept correspondence?
Nov/Moved by Kubby, seconded by Thomberry, that we accept correspondence. Any
discussion? All in favor please say aye (ayes). Do we dose this hearing? Is there
anything pending?
Woito/There is no reason to keep it open that I know of.
Kubby/I have a question for Karin. In the letter that we got there are some- I don't really
understand some of the things in here about and I don't need an answer tonight but
I would like to see something before the vote on vacation. Something about the
non-conforming nature of Hometown Dairy.
Franklin/I haven't seen the letter you have.
Kubby/Make sure you get a copy. I guess I want to talk to you about that.
Franklin/Okay.
Nov/We just got it yesterday.
Atkins/And it is on its way to you.
Woito/Is this the Joshua-?
Karr/No, we sent it up yesterday. We got it yesterday.
Franklin/I will have answers for your work session next time.
Nov/Okay. P.h. is now closed.
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Consider an ordinance amending City Code Title 14, Chapter 6, entitled
"Zoning," Article K, entitled "Environmental Regulations," Section 1,
entitled "Sensitive Areas Ordinance." (Pass and adopt)
Comment: At its June 19 meeting, by a vote of 9-0, the Riverfront and
Natural Areas Commission recommended approval of the proposed
amendments. The Sensitive Areas Committee recommended approval
in a memorandum dated June 14. At its June 20 meeting, the Planning
and Zoning Commission, by a vote of 6-0, recommended approval of
the proposed amendments. At its August 15 meeting, the Planning and
Zoning Commission considered additional amendments proposed by
City Council and recommended approval of the amendments by a vote
of 6-0 with the exception of the amendment revising the critical slopes
section, which was approved by a vote of 5-1, with Scott voting in the
negative.
Consider an ordinance amending the Zoning Chapter by designating 36
properties as Iowa City historic landmarks. (Pass and adopt)
Comment: At its May 16 meeting, the Planning and Zoning
Commission, by a vote of 6-0, recommended approval of designating
37 properties as Iowa City historic landmarks. (The Council rejected
designation of one property at its July 16 meeting.) The Historic
Preservation Commission recommends approval.
g. Consider an ordinance amending City
Code Title 14, Chapter 6,
"Zoning," Article J, "Overlay Zones," by creating a new overlay zoning
district entitled "Design Review Overlay Zone." (Pass and adopt)
Comment: At its June 17, 1996, meeting, by a vote of 5-1 (Hawks
voting no), the Design Review Committee recommended adoption of
the revised Design Review Overlay Zone Ordinance. At its August 12,
1996, special meeting, the Committee further recommended, by a vote
of 7-0, that the City Council retain the original wording of Subsection D,
Application for Design Review, 2b-(2)(a) of the Design Review Overlay
Zone Ordinance. Correspondence regarding this item included in
Council packet. ~)~l//~.
#5c September 10, 1996 Formal Council Meeting Page 1
ITEM NO. 5e. Consider an ordinance amending City Code Title 14, Chapter 6, entitled
"Zoning," Article K, entitled "Environmental Regulations," Section 1, entitled "Sensitive
Areas Ordinance." (Pass and adopt)
Nov/Moved by Norton, seconded by Kubby. Discussion.
Kubby/Just to be clear that one amendment that P/Z didn't like is incorporated in this final
adoption. Critical slopes will be protected in a slightly more protected way than the
original proposals for the amendment.
Nov/They did like it except for one vote. They did approve it. It was a 5-1 vote.
Kubby/I guess 1 read that the opposite way.
Norton/Scott liked the original amendment.
Nov/He preferred the original way.
Kubby/No one need that confusing clarification I just did.
Thomberry/I understand your explanation which scared the hell out of me. There were
two sets of recommendations. I agreed with the first set of changes but not the
second set of changes. So I will be voting in the negative.
Baker/But Dean, you voted yes on this the first time.
Thomberry/The second set of-
Baker/This right here you voted yes on.
Thomberry/Karen's-
Baker/We encourage flexibility.
Thomberry/1 am flexible.
Baker/You are confusing this, Dean.
Nov/I don't need anymore clarifications.
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Baker/I want to clarify that I am going to vote for this because to prove that I am not in
Tom Scott's back pocket. He voted against this. So I have to vote for it because I
supported Nm on the last one and I was accused of being in his back pocket years
ago. Just kidding folks. Lighten up.
Nov/All right, any further discussions?
Thomberry/The first set of changes to the regulations flexed up the Sensitive Areas
Ordinance a tad.
Norton/With respect to critical slopes, particularly.
Thomberry/The second set of amendments and correct me ifI am wrong and I am sure
you will, tightened up those-
Norton/A bit.
Thomberry/Bits a bit, yes. Tightened up the regulations a bit after the first set of- Okay. I
liked the first set of- Not the original but the loosening of a tad of the Sensitive
Areas Ordinance and I would still like to have the first set of changes made to the
Sensitive Areas Ordinance. That is all I am saying.
Nov/Okay. We understand. Are we ready? Roll call- (yes, Thomberry: no). Okay, the
ordinance passed on a vote of 6-1, Thomberry voted no.
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#5f September 10, 1996 Formal Council Meeting Page I
ITEM NO. 5f. Consider an ordinance amending the Zoning Chapter by designating 36
properties as Iowa City historic landmarks. (Pass and adopt)
Nov/Moved by Vanderhoef, seconded by Baker. Discussion.
Thomberry/My discussion on this item will be that the city can designate a residence, a
local historic landmark without the approval of the owner. Is that correct?
Norton/The owner can back out of it ifhe writes a formal letter.
Vanderhoef/They can put a formal protest to that prior to the closing of the p.h.
Kubby/But it is still going to happen with an extraordinary vote.
Lehman/These will be approved because the p.h. is already closed.
Vanderhoef/But that is how a person could have their property taken out.
Council/(All talking).
Thomberry/It would take an extraordinary majority and force that person to have their
house on the Iowa City Historic Landmark as a designated historic landmark and
with that they would lose a lot of rights as a property owner as far as changing that
property the way they saw fit.
Nov/It is not that they couldn't change it. It is just that they would have to go through the
liP Commission.
Thomberry/They would have to get approval from the HP.
Nov/I just wanted to be sure that we are all clear. Any other discussion? Roll call- (Yes:
Thomberry & Lehman: no). This ordinance passed on 5-2 vote, Thomberry and
Lehman voted no.
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ITEM NO 5g. Consider an ordinance amending City Code Title 14, Chapter 6, "Zoning,"
Article J, "Overlay Zones," by creating a new overlay zoning district entitled "Design Review
Overlay Zone.' (Pass and adopt)
Nov/Moved by Norton, seconded by Kubby. Discussion.
Vanderhoef/1 would like to offer an amendment to this in that that I would request the
council to accept an amendment that requires a extraordinary majority, in other
words, a 3/4 vote, to disapprove a project.
Lehman/I would second that.
Baker/Can I just get a parliamentary clarification? Is that in the rules of order appropriate
for people who voted against the original ordinance? Is that still possible?
Woito/I don't think it matters.
Baker/I just wondered about the rules.
Vanderhoef/Thank you for clarifying that/I appreciate that.
Kubby/I would speak against that amendment because through absences of two people
could make the decision. And I don't think that that- Because we don't do that on
any other commission with very other important responsibilities and how our
community looks and feels design are laid out that that is very democratic. And I-
Vanderhoef/And I will just counter with my view on this. This is only the second
cornmission and the only one that I recognize that we are giving power to other
than the city council itself We have all sorts of commissions in this city that are
advisory and in this case we are giving the power to accept or deny approval of a
design review to a committee. I understand and I do appreciate what the
committee has done in re-writing and making this ordinance as customer friendly
as they possibly can and for that reason I will be willing to test this in leaving this
power to a committee. However, with a committee of this sort and with a
proposition that is totally subjective, I cannot see that we would be serving our
customers well if we didn't asked for a supermajority.
Norton/I would like to get a couple of comments about that. I would oppose the
amendment. A- because it is manifestly inappropriate for people to able to control
an outcome by their simple absence or abstaining. A- as Karen as already pointed
out. I do think there are other boards with- For example, the Board of Adjustment,
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the Board of Appeals, library and airport all make substantial decisions. Many of
which have very strong subjective element. The council also takes ordinarily, in my
experience, due note of minority votes, particularly heavily split votes and if that
were to happen with a great deal of consistency, we might want to have to take
another look. I just don't see any reason to fix this thing before it has had a chance
to try it out. I think we can always monitor how things are going to and if we see a
lot of split votes or narrow decisions I think we would be concerned and maybe do
something. And the applicant, after all, even if it is denied, can appeal to the
council. So I see no particular reason to modify or to go this really extraordinary
majority not just of the people present and voting but of the whole membership.
Unprecedented.
Nov/That is one of my concerns. Because this committee has gone out of their way to say
we are going to meet every week as soon as we possibly can and we know that
they are not going to get a full membership of the committee at every meeting. So
if we require the supermajority, we will require a full seven person attendance
every time they meet and we are going to cause the delays that they have been
working around by putting in this weekly meeting and they may also run into a
problem where one of their members, somebody in the building trades, may have a
vested interest in the project. They may be electrical contractor or something like
that and not able to vote and we are creating something that isn't going to be
needed. I really believe that it is going to work without that.
Thomberry/The DR Committee, board, whatever, has complete control over what a
business can look like in the d.t. and in the area that they are responsible for and I
don't know wb. at gives them the special knowledge of what is nice or what is not
nice for the entire city. What, and this is not an original idea. 1 got this from a
constituent. But if this is so great to have a DR Committee that was originally set
up for Urban Renewal and was suppose to be disbanded at the end of the urban
renewal process with only one property left, they decided no somebody decided
that they should have additional responsibilities for larger area and continue as
opposed to go away when it was suppose to go away. If we are to have a design
review and they are very good at what they do but if they are that great, I think we
ought to have a design review for the entire city with every business and the
businesses d.t. are already under this would be under this ordinance. Then if they
are that great and it is going to look that beautiful as we all know that the d.t. look
snow, then it should be expanded to the whole city. And every business and every
household should fall under the DR and the DR would be able to tell a house
owner that they may build or not build a porch on the side of their house or what it
should look like and being that it probably wouldn't last a week if everyone were
under this ordinance, 1 don't see why just the business community should be under
this ordinance. So I will be voting no on this. Unless you would like to accept an
amendment to include every household in the city.
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Baker/Second it.
Nov/How about every commercial development in the city?
Thomberry/Everybody gets to pm-tlcipate in the-
Kubby/We have an amendment on the floor for (can't hear).
Nov/Back to the original amendment which would require a supermajority only to
disapprove a project. Ready to vote?
Thomberry/Larry seconded my amendment.
Norton/Out of order.
Nov/We have to vote on this first amendment you understand. Okay. All in favor please
say aye-
Thomberry/We are voting on the supermajority-
Nov/Whether or not we should have a supermajority to disapprove a project.
Thomberry/No, I won't.
Nov/We had two ayes. All opposed, same sign- I am asking for those who are opposed to
the amendment.
Woito/Can we have a show of hands?
Nov/A show of hands. Let's have a show of hands. First of all, in favor of the
amendment. How many of people would like to have a supe~najority amendment?
Two (Lehman, Vanderhoef). How many people would not like this amendment-
(five: Nov, Thomberry, Baker, Kubby, Norton). This amendment was a 2-5
against. It failed. Now we are back to the ordinance.
Thomberry/You are not going to consider my amendment?
Woito/It is not on the floor.
Baker/I withdraw my second.
Thomberry/Gee.
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Lelunan/I am not going to support this amendment for some of the same reasons you
have, Dee. I really don't object to DR but I really feel it should have been a
voluntary review, not a mandatory. So I will not be supporting this.
Norton/We are back to the ordinance now. Back to the ordinar~ce itself.
Nov/Back to the ordinance. This is pass and adopt.
Vanderheof/All right now, there is one more clarification here. I don't know whether it
has been announced but after DR looked through the suggestions for the bylaws,
they came back with panlally what I had suggested and I am unclear as to which
one we would be voting on or whether we need to-
Karr/That is a separate item. This is the ordinance. The bylaws are a resolution.
Nov/The composition of the committee is not in the ordinance.
Norton/That comes later.
Nov/The requirements of this or that expertise is bylaws.
Vanderhoef/But we don't have that on the-
Norton/That is item #12, I think.
VanderehoeF They separated them, got it.
Norton/So that makes is clearer and easier.
VanderheoF Okay, fine.
Nov/Okay. Are we ready. Roll call- (Yes: Baker, Kubby, Norton, Nov. No: Lehman,
Thornberry, Vanderhoef). We approved this ordinance on a 4-3 vote.
Karr/Could we have a motion to accept correspondence?
Nov/Moved by Kubby, seconded by Norton. (Ayes).
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Consider a resolution approving a final plat of Galway Hills, Pan Three,
a 21.29 acre, 53-1ot residential subdivision located south of Galway
Drive and east of Highway 218, Iowa City, Iowa. (SUB96-0014
Comment: At its June 20 meeting, by a vote of 6-0, the Planning and
Zoning Commission recommended approval of the final plat of Galway
Hills, Part Three, subject to approval of legal papers and construction
drawings prior to Council consideration of the plat. Staff recommended
approval in a report dated June 20. Construction drawings have been
approved. This item was deferred from August 27.
ITEM NO. 6
PUBLIC DISCUSSION ON ECONOMIC DEVELOPMENT OPPORTUNITY LIST
AND FINANCIAL ASSISTANCE ELIGIBILITY GUIDELINES.
Comment: Earlier this year the City Council formed the Economic
Development Ad Hoc Committee to provide recommendations on the
following two questions: 1) When the City and local economic
development organizations encourage the expansion and attraction of
business and industry, what specific types of businesses and industries
should we proactively encourage in Iowa City? 2) When the City considers
financial assistance to a firm, such as a grant, loan, or providing
infrastructure, what characteristics and practices should the firm have to
obtain assistance? The Committee's recommendations were included in a
memo to the Council dated July 10, 1996.
Action: ~ ~
ITEM NO. 7
CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF A LE'I'I'ER OF
UNDERSTANDING BE'I!NEEN THE CITY OF IOWA CITY AND THE ELKS
GOLF AND COUNTRY CLUB REGARDING FOSTER ROAD EXTENDED AND
GOLF COURSE CHANGES IN CONNECTION WITH THE NEW WATER
TREATMENT PLANT.
Comment: This Letter of Understanding represents the results of
negotiations between the City and the Elks Club regarding relocation of two
golf holes which will be lost by reason of the Foster Road improvement. In
exchange for a fixed alignment of the Foster Road extended right-of-way,
the granting of various temporary and permanent easements, and the lease
of property for a well access road/recreational trail, the City a0rees to sell
and lease the Elks Club land for the construction of two golf holes, with the
City retaining a covenant limiting the use of chemicals and pesticides on
the property. This Letter of Understanding is subject to both City Council
and Elks Club Membership approval. This item was deferred from
August 27. Staff recommends Im3~-i~t~deferral of this item.
c,,on:
#5h September 10, 1996 Formal Council Meeting Page 1
ITEM NO. 5h. Consider a resolution approving a final plat of Galway Hills, Part Three, a
21.29 acre, 53-1ot residential subdivision located south of Galway Drive and east of
Highway 218, Iowa City, Iowa. (SUB96-0014}
Nov/Are the papers in order on this one9.
Woito/No, we still need to figure several things out/I mean, it is not the developers fault.
We do have a letter waiving the deadline.
Karr/They are requesting a deferral to September 24th.
Nov/Moved by Kubby, seconded by Lehman that this item be deferred to the 24th of
September. Any discussion?
Kubby/Is it something on our part or third party?
Woito/No, it is our part and it is a complicated legal question and I am trying to get all of
the information so I can make a decision.
Kubby/What is the topic?
Woito/Retrofitted sanitary sewer tap on fees in existing neighborhoods where there is a
prior agreement.
Kubby/Good luck.
Lehman/Sounds like a nasty situation.
Nov/Okay. All in favor of this deferral, please say aye- (ayes). Motion carries.
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ITEM NO.6 PUBLIC DISCUSSION ON ECONOMIC DEVELOPMENT OPPORTUNITY LIST
AND FINANCIAL ASSISTANCE ELIGIBILITY GUIDELINES.
Nov/Tonight we received an amended version of this that daftties the fact that the entire
document submitted by the committee is not what we are adding to our economic
development policy. We are adding just their final recommendation. So I just want
to be sure that everybody understood that we are adding two pages, not all the
stuff that we were reading until now. So- It is the memo from the committee
reporting to us but it is not the document that we are adding. So the document that
we are adding to our policies is a two page docmnent that we have got on our
table tonight.
David Schoon/The two pages that you received tonight only includes the changes that
you made to the document last night. So that is what you received this evening.
Nov/Then clarify for me how much of this is going into the agenda.
Thomberry/The whole thing with the exception of these changes of these two pages.
Schoon/Except for- Our intent was not to include the two that had the wage pages. That
would not be part of the-
CHANGE TAPE TO REEL 96-104 SIDE 2
Schoon/Those are provided to you for information on what they would be right now.
Those pages wouldn't be included because those numbers would change every
year and we wouldn't go back to the document to change the document every
year.
Kubby/But if anyone requires and we discussing whether or not people meet those
conditions to, you know, the fact of that. There will be updated numbers that will
always be distributed and be part of our decision making process.
Nov/Okay, one more question, David. We are not splitting these two things?
Schoon/The memo from the committee would not be included as an addendum.
Nov/That is what I was trying to say.
Vanderhoef/This will?
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Schoon/But that would be included as an addendum, but those sheets that contain the
wages, the specific numbers would not be included.
Woito/We need a front piece that says addendum to what it is and we can figure that out.
Atkins/We will have that prepared for your next meeting.
Nov/Okay. It is approximately four pages.
Norton/Let me review for sure, Naomi, to understand. One page ahead the industrious,
technologies opportunity list, right? That is in, fight? Then we have what? Two
pages that lists financial assistance guidelines?
Nov/Correct.
Norton/Then a page of general requirements?
Nov/Yes, that is the end of the story.
Norton/Thank you.
Nov/And I wasn't sure how many pages and I thought that was to be received tonight. I
am corrected. We all understand. Is there anyone here who would like to discuss
this document, please come forward, sign in, and tell us your opinion.
John Beckord/From the area Chamber. I have some brief comments about the guidelines.
The Iowa City Area Chamber Board of Directors met in August and reviewed the
proposal and voted unanimously to endorse the proposed Industries/Teclmologies
Opportunity List and the Financial Assistance Guidelines with a few comments that
we wanted to pass along to you. Naturally we applaud the work of the committee.
It seems from all the conversations that we have had, they worked in a spirit of
cooperation to accomplish a compromise and work wittfin a framework that
emphasizes flexibility and accommodation and a concern for the perception that
the business community and particular companies that might be looking to
expanding here, companies that might be looking at locating here, people who
might be thinking about starting businesses here. That perception that this council
and perhaps this community more generally should be friendly towards business
and encourage the development of jobs in this community. Industries/Technologies
Opportunity List is right in line with a lot of the things the University is doing. It
plays to the strengths ofthe community. It leverages the marketing and initiatives
of the state which I think is a smart thing to do. I think it is noted in the text here
fairly explicitly that this is not exclusive in anyway. Ifa firm comes along that
happen to match up with this list that doesn't mean that they are not welcome and
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their project won't be considered and embraced if in fact it is a good project.
Nothing but positive things to say really about the Industries/Technologies
Opportunity List. There are two or three items in the guidelines though that I
would like to point out and one of them is in the point system that has been
developed for financial assistance and under the second category, special points are
given to start up companies and expansions of existing local operations. We
applaud this kind of thinking The whole idea that you need to nurture the
companies that are in your own backyard and ofcourse, encourage start up
companies is one that shouldn't be lost on the council and I hope the community.
Another area that I wanted to highlight was the under economic impact. Points are
given for contribution to diversification of the Johnson County economy. Another
very important element in the overall strategic plan for developing this county is
diversification and I think it is very positive that that is included. And businesses
that build on the resources, materials and workforce of the local community. It
goes without saying that that makes sense. There are a couple of paragraphs that
appeared in the text in the first couple of pages and I mentioned the perception and
how important that is and I want to read one sentence or two from that that I think
you should think long and hard about. Impressions and appearances are important
because they add to the development of perceptions and perceptions often become
reality. The council sets a tone and a philosophy for itself, for the city staff, and for
city appointed citizen committees and commissions. The tone should be that
existing and perspective businesses should be made to feel they are welcome and
that the city governance is anxious to help. I respectively request that be etched in
the front of your council desk here and that you should be reminded of that on a
regular basis. One concern that we want to mention very briefly relates to the
financial guidelines and it is the way, the interplay between tlfis notion of flexibility
and trying to embrace lots of different elements in deciding what to do about a
particular request for assistance and the notion that there should be, as Karen just
said, conditions which I think is a dangerous way to think about tlfis. Guidelines,
especially laid out as they are here, could really put the community at a competitive
disadvantage, especially when you look at manufacturing. The list that was
presented here in terms of the industry list, the private business sectors and the
wages associated with each of those. Really what you need to focus on is
manufacturing, finance, insurance, real-estate, and services. That is where the
CEBA projects kind of come from. The Community Economic Betterment
Account is the most commonly used incentive program in the state. These are not
local tax dollars. These are state dollars. They pass through local government to
the businesses to be used and entice them to expand and create quality jobs. The
number here is $14.23 an hour. We would all love for that to be the reality of the
situation. But of course the threshold set by the state of qualifying for CEBA is
$5.00 less than that. And really when we look at the labor market and there is a
market for labor, the equilibrium flora where it turns out there is a shortage of
labor to where there is a surplus of labor is somewhere around $9.00, $9.50.
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Recently, even this summer, 65 jobs were created in this area at about under
$10.00 an hour. $9.50 or $10.00. And there was 650 people who lined up for
those jobs. Just three years ago General Mills came in at just over $9.00 and had
3,000 people who applied for those jobs. I think the labor market is sending you a
pretty strong signal of where the equilibrium is and I think you should take note of
that and I think it is dangerous if you look at these numbers and consider them
conditions for applying for CEBA in particular because you will put yourself in a
particular situation where a company can get a CEBA grant in any Iowa
Cormnunity except Iowa City if you adhere to $14.23 as the condition for a CEBA
application in this community. I don't think you really want to put yourself in that
position. So I emphasize the flexibility that you talk about or the ad hoc committee
talked about an the danger that the perception of this will be a litmus test. You
cannot let that happen and I expect that the council does not want that to happen
and I hope that you will look at these guidelines as reference points and not stick
to them as some kind of threshold by which you will measure any application that
comes before you. As we speak there are projects that are being pitched in this
community, in this area and this community is in competition. It is a competitive
field and there are communities who ahead of time have packages on the table that
include CEBA, that include TIF, that include infrastructure. It is all up front. They
come into the situation knowing what to expect and I think you want to put
yourself in that position if you can so that you can be competitive and when these
projects come before the council, you are squared away at where you stand and I
think that is where you are headed with this. You want to be able to tell ICAD this
is what we expect and this is where a company who is interested in this area can
expect to be, how they can expect to be treated and that you expectation at this
point is you are going to embrace the idea that they are welcome and that you are
going to do everything you can to help them local here. Thank you.
Kubby/That means that projects that ask for CEBA money are paying less in general. This
figure is not a wish list. This is the actual Johnson County average wage for that-
Beckord/For manufacturing.
Kubby/So does that mean that the CEBA wage, companies who go for CEBA
applications have a lesser wage than the hourly wage?
Beckord/That is right. A CEBA application under state guidelines fight now could come
in at around $9.00 an hour and qualify for CEBA money in this county and you
would have at $9.00 or $9.50 people lining up for jobs. And you would say
doesn't that bring down the average wage in this county? Absolutely not. The
people who are making $14.23 are not going to leave their jobs to take $9.50 or
$10.00 an hour jobs. People who take those jobs are people who are in these other
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categories who are making $6.50 and $7.00 an hour and with $10.00 an hour jobs,
you will in fact raise the average county wage.
Kubby/Maybe overall but not within the sector.
Beckord/That is true.
Kubby/It is a very important distinction.
Beckord/Absolutely but I think your goal here is to raise the overall average wage in this
county. I don't understand why you would want to fixate on particular segments in
this categorization. That doesn't make sense if really what you want to do is raise
the standard of living and the average wage in our county.
Vanderhoef/And John, it would be my impression then that if you start at that $9.00 or
$9.50, Karen, that certainly those are going to go up. That is how we have gotten
to this $14.00 something.
Kubby/It matters what the turnover rate of the company is and-
Vanderhoef/And if there is enough people lining up for those kinds of jobs, they aren't
going to leave them if they have the opportunity to move up.
Kubby/You can look at companies and what their stated turnover rate is in their
application. They can state that as something we also consider as well as the wage.
Beckord/That is true. In fact, the CEBA application itself asks some very specific
questions. You will have an awful lot of information about their benefits package
and about their- I mean, they ask questions about whether or not they have ever
violated laws related to environment protection and things like that. Those things
are revealed in the CEBA applications even though, of course, those aren't
necessarily things that they pop out early in the process when they are looking at
various sites and that is the dilemma. You are looking at it as coming in at the back
end. They have already chosen to come here so now they are going to get
assistance. Of course, it doesn't always work that way because companies shop
around and look for different locations and they do have choices. They kind of
want to know where they stand before they make a decision.
Thomberry/Last night we discussed this at length in a rather heated exchange and I feel
this way. I look at this and I hope the rest of the council does that this is a
guideline. That ira company came in, got a CEBA grant, had a $9.00 an hour
wage, they couldn't get anybody to apply for $9.00, they would raise their rates.
They would raise their wages to the point where people would apply. So I think
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the market place is going to dictate, especially if they need a large number of
people. It may be that it is going to be higher than that in Iowa City.
Beckord/The truth of the matter is you may put the hurt on some other employers who
are paying less.
Thomberry/That is right. Or maybe riley will raise theirs.
Beckord/They will have to.
Thomberry/I think that number is just sort of a guideline and I don't think, you know, if
you are paying two cents below that and we are not going to look at you, I don't
look at that number as being etched in stone.
Beckord/That is right.
Thomberry/And it is also going to change over the course of time as inflation-
Beckord/That is the spirit of this document is that it is-these are guidelines. You can take
a lot of different things into consideration.
Thomberry/The market place is going to dictate wages.
Norton/I think that may be true in categories other than manufacturing. Any one of these
categories with the kind of issue you are citing could happen.
Beckord/Any CEBA application has to be an industrial product or service. It can't be a
retailer obviously, it can't be a small insurance agency. They have to be producing
some industrial product or service to get a CEBA application. I understand that I
am narrowing in and focusing on a fairly narrow part of this whole thing and there
is more to financial assistance than CEBA. CEBA seems to be the trigger here
because these are not local dollars. These are state dollars that are being passed
through. To put up any kind of barrier for a company to acquire access to state
dollars seems not to be in our interests to do that.
Nov/Is there someone else who would like to discuss this issue?
Roberta Till-Ritz/I have lived in Iowa City since 1980. I live at 600 Manor Drive and this
is an issue that I care a lot about. In honestly I am not sure I care more about this
than I care about what occupied the first two hours of our meeting here tonight. I
still feel quite shaken about that and in fact, wasn't planning to speak here tonight
on this issue. But then when I realized it was on the agenda, I decided to talk. I
have appeared at the city council on kind of a related issue 2-3 years ago, to a
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different city council. I know Karen was still there. I think Naomi, you were still
there. With regard to a CEBA application that the city was reviewing for a meat
packing plant and the council was being asked to approve that and pass it onto the
state. A small group of ffiends and I decided to look into this meat packing
company in more detail. Did so and came to the city council with our overhead
transparencies which we projected up here, etc., showing what we had found. We
had found labor law violations that were outstanding that had not been uncovered
in the CEBA application. We found bankruptcy problems and credit problems. We
found a lot of problems with this company. Council chose not to listen to us. They
approved the CEBA application. As I recall, you felt that your hands were tied,
that you really didn't have too much more of a role than to pass this through. We
then took our concerns to the state and the state turned that application down. We
felt that we learned something from this and we hoped that the council would learn
something from this. Therefore, I particularly very much welcome these guidelines.
I think it is wonderful that they city now will have some basis to make their own
investigation and catch these kinds of problems before they develop and I don't
think it reflected well on council at that period of time that they had simply rubber
stamped this application without investigating it and there are things here
particularly in the general guidelines at the end that would, 1 think, have caught
this particular application and stopped it early on, namely the credit worthiness of
the business, the fact that the applicant must have a consistent pattern of
compliance with the law and the spirit of the law. I think those things would have
been extremely helpful. I think that this is an important first step. There is
throughout the country an almost kind of rebellion going on in cities and states and
counties, etc. against giving money that is totally without any kind of
accountability to private enterprises that come asking for public assistance. I think
the crucial thing about these guidelines is that they are not aimed at all businesses
who want to come to Iowa City. Any business can come here and set up. That is
the free market that you have talked about, Mr. Thornberry. What we are talking
about here specifically is that businesses or we are talking about businesses who
have decided to give up the hurley burley of the free market and ask for public
assistance. They come under special, I think and many cities across the country
think, they come into a special category. They now have to be given more scrutiny.
Where do we want our tax payer dollars to go and I just want to applaud these
guidelines, pointing out with reference to the letter from the Chamber with regard
to manufacturing wages. Iowa is a low wage state. We are something like 40th in
the nation in terms of our average wages. We may be higher here in Iowa City,
Johnson County. We should be happy about that. We should want a higher wage.
So I urge us to leave those guidelines intact with all the flexibility provisions that
are built in. I guess l just had one concern. In reading the memo, the part on the
general requirements that 90% of the project positions should have a wage greater
than the federal poverty wage rate for Iowa City and I guess my question was why
would we want to give public assistance to subsidize any poverty level wages at
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all. Why 10% poverty wages? And that would be my only concern with this. I
think it is a very good first step and I really applaud you for having this done and
applaud the work of the commission. Thank you.
Thomberry/To answer that particular question, I think it was asked also last night by
Karen and a good point. but some companies have cycles during a year that are
lower in one part of the year than others or for a year a two period where they are
needing low paying jobs but it is something that somebody can do and we just
didn't want to exclude them just because of that fact.
Till-Ritz/Then I think the guidelines would give you a chance to look at the entire
operation closely and have some guidance for that.
Thornberry/Thank you.
Jim Throgmorton/Hi folks, how are you. Long meeting. I applaud you for your patience
in listening to the pain that people are expressing earlier in the meeting. It is a
pleasure to be here. I want to, like John Beckord, praise the work of the
committee in developing these guidelines and I would like to urge your adoption of
them and encourage you to strengthen them later. Why support the document?
Well, the committee is a very diverse committee. I know because I helped appoint
them and we went through quite a bit ofhassling and conversation over that and I
think it was a fine committee. And they thoroughly discussed as best as I can tell
from talking with members of the committee. They thoroughly discussed the issues
before them and did quite a good job of trying to come to a sense ofconsensus
about what this community needs. So I admire that and I think I would urge you to
respect that effort on their part. I think it also makes very good progress towards
involving the people of this city in the process of developing and economic
development policy. In other words, democratizing the process of economic
development and I think it also makes some progress toward developing a
sustainable future for Iowa City. Frankly, however, I think the document only
barely begins to move us in that direction. When I say that direction, I mean a
direction that is ecological sustainable and socially just. I want to emphasize that it
is more than a mere perception that the people of this world are eroding the natural
base that underlies the economy and that we in the north what use to be called the
industrialized west are overwhelmingly responsible for that fact. I would say that
we in Iowa City, just like the rest of us in the United States and in the rest of the
north need to promote a pattern of development that is demonstrably sustainable
and it continually amazes me and I mean this kind of from the bottom of my hear.
It amazes me that so many people in this community are almost completely
unaware of or unconscious of the term sustainable development/when that term is
being used globally in all parts of the world and it is being used nationally as well
and it is being used as a guideline for trying to become clear about what kind of
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development we need to be promoting that can help us survive over the
generations. So I would just like to encourage you to strengthen this document
later on, probably by appointing a group of people who are asked to explicitly
address that question. What do we need to do to modify this economic
development policy for Iowa City in such a way to make sure our pattern of
development is ecologically sustainable and socially just. Thanks.
Derek
Maurer/I was a member of the committee and so I certainly endorse the document
and the recommendations and I certainly hope that you will adopt them and I just
really want to echo a bit of what Jim just said. I really do support ve~ strongly
continued public involvement in economic development. I think that problems
Roberta referred to earlier might have been avoided if the public had been involved
in the process sooner and I think it is a mistake to think that public involvement
sends a bad signal to the business community. I think the signal that should be
heard when there is public involvement and discussion about economic
development is that this is a community that cares and that takes responsibility for
the way in which it develops and I think that is a good thing and I think we want to
attract the kinds of businesses that are comfortable with that and I am not sure I
support attracting that are not comfortable with that and I do- One thought that I
continually have about this whole process of economic development is the question
of growth and development and I think we need to continually bear in mind that
these are not necessarily one in the same thing. you can have growth without
development and you can have development without growth or they may occur
together and if] were to pick one of those that I prefer, it is development. The
interlinkage of diverse economic activities and not necessarily just the out and out
growth of the tax base. I think our community is better off the more we work at
the grass routes to develop and foster the kinds of interrelationships among a wide
variety of enterprises that build a strong and diverse and resilient economy. So
thank you for the opportunity to serve on this committee and thank you for your
consideration.
Nov/That is a good comment. We really publicly thank all the committee members. They
work hard and did a fine job. Is there anyone else who wishes to discuss this topic?
Okay. We are going to move on.
Norton/Madam Mayor, are we going to have a resolution on this on a specific date?
Nov/At the next meeting and we had a council discussion on this last night and we
decided that a resolution was the best way to put the addendum into the
documents and that is what we will do two weeks from now. Is there anything
else?
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ITEM NO.7 CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF A LETTER OF
UNDERSTANDING BETWEEN THE CITY OF IOWA CITY AND THE ELKS GOLF AND
COUNTRY CLUB REGARDING FOSTER ROAD EXTENDED AND GOLF COURSE CHANGES
IN CONNECTION WITH THE NEW WATER TREATMENT PLANT.
Thomberry/I would like to move to indefinitely defer this item before you read the rest of
the item.
Nov/That would be fine.
Woito/Do you not want to defer this to the 24th?
Nov/That was my question. It says here staff recommends indefinite deferral but I am
wondering if it would not be better to defer to the 24th?
Woito/That comment is wrong. It should not be indefinite deferral for the letter of
understanding.
Thomberry/Okay, to the September 24th then?
Woito/Right.
Thomberry/So moved.
Nov/Moved by Thomberry, seconded by Vanderhoef, that we consider this resolution on
September 24th. All in favor, please say aye- (ayes). Motion carries.
Kubby/Maybe you could state why we are doing this. I know we can't talk about details
at this point but basically the letter of understanding that was talked about at our
last informal meeting on the 21st of August. There are some substantial changes
that can't on and to speak to the Elks about and therefore we shouldn't vote on
this letter of understanding until we have had those discussions.
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Page 8
ITEM NO. 8
CONVEYANCE BY SALE AND/OR LEASE OF LAND ADJACENT TO THE
ELKS GOLF AND COUNTRY CLUB.
Comment: This resolution and the public hearing should be continued so
that details between the City and the Elks can be worked out regarding.
a. PUBLIC HEARING
b. CONSIDER A RESOLUTION AUTHORIZING
ITEM NO. 9
CONSIDER AN ORDINANCE AMENDING AND ADOPTING SECTION 14,
CHAPTER 5, ARTICLE C, OF THE IOWA CITY CODE BY ADOPTING THE
1996 EDITION OF THE NATIONAL ELECTRICAL CODE, WITH
AMENDMENTS, AS THE IOWA CITY ELECTRICAL CODE, REGULATING
THE PRACTICE, MATERIALS AND FIXTURES USED IN THE
INSTALLATION, MAINTENANCE, EXTENSION AND ALTERATION OF ALL
WIRING, FIXTURES, APPLIANCES, AND APPURTENANCES IN
CONNECTION WITH VARIOUS ELECTRICAL SYSTEMS; TO PROVIDE FOR
THE ISSUANCE OF PERMITS AND INSPECTION OF ELECTRICAL
INSTALLATIONS AND THE COLLECTION OF FEES; AND TO PROVIDE
PENALTIES FOR VIOLATIONS. (SECOND CONSIDERATION)
Comment: At its August 5, 1996, meeting, the Board of Appeals
unanimously recommend that Council adopt this ordinance which adopts
the latest edition of the National Electrical Code, with certain amendments,
as Iowa City's Electrical Code. Staff recommends expedited consideration
of this item.
#8 September 10, 1996 Formal Council Meeting Page 1
ITEM NO.8 CONVEYANCE BY SALE AND/OR LEASE OF LAND ADJACENT TO THE
ELKS GOLF AND COUNTRY CLUB.
Nov/We are going to open the p.h. The p.h. is open. Is there anyone who would like to
discuss this topic?
Richard Rhodes/I know it is late. I will try and keep it short. My comments relate to the
letter of understanding and it is some things that you all did not talk about at your
meeting, not last night, the previous informal meeting. There are several places
throughout the letter of understanding-
Nov/Excuse me, please say your name for the record.
Rhodes/It is getting late for me, too, Naomi. My name is Richard Rhodes. I live at 2014
Rochester Avenue here in Iowa City.
Nov/Thank you.
Rhodes/There are several places in its letter of understanding where you mentioned good
stewardship principles, apparently referring to the protection of ground water,
wetlands and things like that. However this is something that is not defined
anywhere in the document nor, I visited with several of the city department, nor is
there any written policy about what this means. I don't think this is very wise to
have something so vague in a letter of understanding. Secondly, I have three
comments that relate to the treatment of archeological sites. Nowhere in this letter
of understanding is there anything said about the protection or investigation of any
potential archeological sites. We do know from a survey that was done out there
that there are two known archeological sites in the acreage being sold and one in
the acreage being leased. Something should be in the letter of understanding that
indicates that if these sites are significant there should be something done to
salvage the materials from them before they are bulldozed because when you make
a golf course, you have to move a lot of dirt. Part B of this comment is that the
unneeded dirt that is going to be excavated is apparently going to be used by the
city, perhaps elsewhere, and stored on the uplands. There are other archeological
sites on those same uplands. The movement of heavy equipment, the storage of
dirt could damage some of these sites. At least one may be eligible for listing on
the National Register of Historic Places. And then finally, Part C, I mentioned the
movement of heavy equipment and the golf course is being built, the holes are
being built, the heavy equipment moving back and forth across the upland because
they sure probably not going to be moving up and down those very steep gullies or
across them and some of these archeological sites are on those uplands and should
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be protected and this I think should be included in the letter of understanding
Thank you very much.
Thomberry/Would this project, if it happens, were are not at all sure it is going to happen
with the upper and lower holes that we are talking about with the steep slopes,
would that have any- Would the steep slopes come into play?
Atkins/In the Sensitive Areas Ordinance?
Thomberry/In the Sensitive Areas Ordinance.
Arkins/To my knowledge we are trying to comply with it, yeah. We were going to
address that issue. I don't remember it being a problem.
Woito/No, they agreed to comply.
Atkin,q They agreed to comply.
Thomberry/A golf hole right above that bluff, is that too close to the bluff. I mean I don't
know if that was-
Atkins/They agreed to comply and I am sure their golf course architect has to
accommodate. We would be given all that i~fformation, Dean. I made that
assumption.
Kubby/I know that people are wanting to resolve this so that we kind of know where we
are at and if we are going to go ahead with a letter of understanding. That designs
need to be made on the part of the Elks and movement creates a new recomqgured
golf course. What is our time frame? Does out time frame for up front exploration
for archeological sites mesh with that time frame?
Arkins/That one 1 don't know. I do know-
Kubby/We need to time that very carefully in the correct order.
Atkinff I do know that Linda and I spoke about it today and that we, as a staff, will be
together to draft the outline of an agreement tomorrow or the next day. I mean the
next couple of days. I don't have a specific answer for you on the archeological
sites. I would rather ask Chuck Schmadeke and I will get back with you.
Kubby/I think we have an obligation to make sure the (can't hear) archeological study
happens before we allow (can't hear).
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Arkins/We will find that out.
Nov/Okay. Is there any other council discussion? We need a motion to continue the p.h.
to September 24. Moved by Vanderhoef, seconded by Thomberry. Any
discussion? Okay, all in favor, please say aye- (ayes). Motion carries.
We now need a motion to defer Item B., the resolution which authorizes this
conveyance. Moved by Norton, seconded by Thomberry, that the resolution
authorizing this will be deferred to September 24th All in favor, please say aye-
Baker/A question, please. I understand the necessity of the letter, the previous item. But
we had discussed this that there was no necessary connection to the dates of the
letter of intent and the actual conveyance. Is that correct?
Woito/That is true. You could continue the p.h. and move to defer this formal
conveyance to considerably later. I mean it is not going to happen for a while. I
mean even assuming that you agreed on it.
Baker/I would suggest-
Norton/I would be willing to, as the mover, to change it to whatever is more reasonable
because it might put us in a time bind to try to do it by then.
Woito/Yeah, we are not going to have it done by then.
Norton/You say defer it indefinitely?
Thomberry/We are just going to have to do it again on the 24th.
Woito/If you defer it indefinitely, you kill it and then we have to republish and maybe-
Vanderhoeff That is a timely procedure though, correct?
Woito/I would suggest doing it at least a month. Defer for a month.
Nov/How about four weeks, Tuesday, October 8?
Woito/That is fine.
Norton/I though things postponed indefinitely could be taken offof the table and could
come up anytime.
Woito/And we are only talking about Item #8. We are not talking about the other one.
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Norton/I am talking about #8, yeah.
Woito/A month is fine with me.
Nov/Okay. We already deferred the letter of understanding to September 24. So we are
now deferring the resolution authorizing to October 8.
Woito/And you need to continue the p.h. to October 8, too. If you could go back and
amend that.
Nov/Can we consider that a friendly amendment? Moved by Vanderhoef, seconded by
Thombeny.
Woito/Yes.
Nov/They are both nodding. So we have- We are deferring to October 8-
Karr/We are continuing the p.h. to October 8 and deferring the resolution.
Nov/Correct, that is what I am trying to say clumsily. Okay. Did we vote on the deferral
of the resolution?
Woito/No.
Nov/I didn't think so. All in favor please say aye- (ayes). Motion carried.
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ITEM NO. 10
1996 City of Iowa City Paine 9
CONSIDER AN ORDINANCE AMENDING TITLE 9 OF THE CITY CODE OF
IOWA CITY CODE ENTITLED 'MOTOR VEHICLES IN TRAFFIC" BY
AMENDING CHAPTER 3, SECTION 6B THEREIN TO CHANGE THE SPEED
LIMIT ON BENTON STREET BETWEEN KESWICK DRIVE AND MORMON
TREK BOULEVARD. (SECOND CONSIDERATION)
Comment: This deletion from speed limit exceptions is being recommended
so as to reduce the speed limit on Benton Street from its intersection with
Keswick Drive to Mormon Trek Boulevard from 35 miles per hour to 25
miles per hour.
The Iowa City Code stipulates speed limits in residential districts to be 25
miles per hour. Historically, the section of Benton Street from Keswick
Drive to Mormon Trek Boulevard had been rural in nature. Recent
residential development on both the north and south side of Benton Street
near its intersection with Mormon Trek Boulevard and the increased use of
the City park land on the south side of Benton Street have changed the
characteristics of the abutting land use. This portion of Benton Street has
become residential in nature, and the speed reduction from 35 miles per
hour to 25 miles per hour is appropriate.
consideration of this item.
Action:
Staff recommends expedited
ITEM NO. 11
CONSIDER AN ORDINANCE AMENDING TITLE 3, "CITY FINANCES,
TAXATION, AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO
ESTABLISH A SPECIAL FARE FOR HIGH SCHOOL AND YOUNGER
STUDENTS. {SECOND CONSIDERATION)
Comment The Iowa City City Council wishes to establish a special fare for
students high school age and younger. This ordinance amendment
accomplishes that by setting a special monthly- and single-ride fare. Staff
recommends expedited consideration of this item.
#10 September 10, 1996 Formal Council Meeting Page 1
ITEM NO.10 CONSIDER AN ORDINANCE AMENDING TITLE g OF THE CITY CODE OF
IOWA CITY CODE ENTITLED "MOTOR VEHICLES IN TRAFFIC' BY AMENDING CHAPTER 3,
SECTION 6B THEREIN TO CHANGE THE SPEED LIMIT ON BENTON STREET BETWEEN
KESWICK DRIVE AND MORMON TREK BOULEVARD. (SECOND CONSIDERATION)
Nov/Moved by Thomberry, seconded by Baker (to waive second consideration).
Discussion.
Thomberry/The reason that I will be voting for this and also suspending the rules to enact
this sooner is because when- I wanted 35 mph hours original but finding that the
state law requires 25 mph in residential areas and that this area is now being
deemed residential. Then it must go to 25 mph. Is that correct?
Nov/Correct. It is a safety issue. Okay. Roll call- (yes). Okay.
Moved by Thomberry, seconded by Lehman, that the ordinance be finally adopted
and roll call- (yes). Okay. The ordinance has been adopted.
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ITEM NO.11 CONSIDER AN ORDINANCE AMENDING TITLE 3, *CITY FINANCES,
TAXATION, AND FEES," CHAPTER 4, *SCHEDULE OF FEES, RATES, CHARGES, BONDS,
FINES AND PENALTIES" OF THE CITY CODE, TO ESTABLISH A SPECIAL FARE FOR HIGH
SCHOOL AND YOUNGER STUDENTS. (SECOND CONSIDERATION)
Nov/Moved by Lehman, seconded by Thomberry (to waive second consideration).
Discussion. Roll call- (yes). Okay, we have waived second consideration.
Moved by Lehman, seconded by Baker that we do the final adoption at this time.
Discussion.
Kubby/Would you please, I missed the last meeting, again, outline the special monthly
and single tide fare. $.65?
Nov/No. It is $50 for a single ride and $20 a month. We talked about $.60 but the staff'
thought $.50 and that is what we are doing.
Kubby/And this is our strategy for creating an easier atmosphere for families to ride the
bus. And to be more for people to find it attractive to have their kids tiding the
bus.
Nov/This $20 pass is the same amount that we are using for low income riders. However,
for the students, we are not asking for any income identification, just a school ID.
Thomberry/Those that are young and aren't in school need not apply. I mean if you are
like-
Nov/If you are 18 and have finished high school and you would not qualify for this pass.
You pay the regular price.
Thomberry/Or if you are 17 and finished.
Nov/Or ifyou are 17 and finished. My daughter graduated at 16. Nevertheless, at 16 she
would have been ineligible. Okay. Morn paid for it anyway. Ready for roll call-
(yes). Okay, we have finally passed this ordinance. Final adoption is what I should
have said. Final adoption.
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ITEM NO. 12
ITEM NO. 13
1996 City of Iowa City Page 10
CONSIDER A RESOLUTION RESCINDING RESOLUTION NOS. 94-277 AND
95-79 AND IN LIEU THEREOF RE-ESTABLISHING THE IOWA CITY DESIGN
REVIEW COMMITTEE AND ALSO APPROVING COMMITTEE BY-LAWS.
Comment: At its meeting of June 17, 1996, the Design Review
Committee recommended by a vote of 5-1, the adoption of Design Review
Committee by-law amendments regarding frequency of meetings,
Committee membership, and community education. At its
August 12, 1996, special meeting, the Committee further recommended,
by a vote of 7-0, changes to the membership section of the Committee's
by-laws. These changes are outlined in a memo dated September 5, 1996.
Council should consider the resolution after final adoption of the Design
Review Overlay Zone Ordinance.
CONSIDER A RESOLUTION
APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION
FOR IOWA CLEAN AIR ATTAINMENT PROGRAM FUNDS.
AUTHORIZING THE FILING OF-AN
Comment: On August 5, the City Council authorized staff to file an
application for Iowa Clean Air Attainment Program funds to relocate the
interchange between Iowa Interstate Railroad and the Cedar Rapids and
Iowa City Railway. This resolution is a required element of the application
package. The application requests ~1.3 million in federal funds from the
Iowa Clean Air Attainment Program, with the balance of the $1.65 million
total project costs to be provided by the railroads. The grant application
reflects no financial commitment by the City of Iowa City. The proposed
project would significantly reduce blockage of arterial streets by trains in
south Iowa City.
Action:/
ITEM NO. 14
CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN
THE CABLE TV DIVISION AND THE AFSCME PAY PLAN BY ADDING THE
POSITION OF COMMUNITY PROGRAMMER.
Comment: At its meeting on July 22, 1996, the Broadband
Telecommunications Commission recommended this position be created in the
Cable TV Division for the purpose of enhancing community programming on all
local access channels. Funding for this position will come from the 50¢ per
month, per subscriber "pass-through" revenue which was agreed upon in
negotiating the franchise renewal agreement with Cablevision VII, Inc. (TCI).
The estimated cost of this position for the first year is $35.000 to $42,000,
which includes wages and benefits.
/I
#12 September I0, 1996 Form',d Council Meeting Page 1
ITEM NO,12 CONSIDER A RESOLUTION RESCINDING RESOLUTION NOS. 94-277 AND
95-79 AND IN LIEU THEREOF RE-ESTABLISHING THE IOWA CITY DESIGN REVIEW
COMMITTEE AND ALSO APPROVING COMMITTEE BY-LAWS,
Nov/Moved by Kubby. Seconded by Norton. Discussion.
Kubby/The resolution is it Dee's suggestion or is it the Committee's recommendation that
is the resolution?
Karr/Used what was deferred originally.
Woito/The original one.
Nov/It is the original one.
Woito/Or if you want to amend it to Dee's amendments or to the committee's
amendments, you need to move to amend.
Norton/I would like to move to amend it to what has been recommended most recently
by the committee. That is to say two licensed architects, a seven person
committee. Two licensed architects, two design professionals or individuals
involved in the building trade, two business or owners or what is the word I need?
Kubby/Business or property owners.
Norton/Two business or property owners in the zones in question and one at large
person.
Kubby/Second.
CHANGE TAPE TO REEL 96-105 SIDE l
Vanderhoeff Street level bus~ness owners, not persons in d.t. buildings who may be
upstairs and who have no experience with retail or service businesses that take
place down at the street level and would not be tlie people who would be involved
in designing a new front for a business.
Baker/Dee, would you- I came in at tlie ta~l of your amendment. Dee Norton, I am son)'.
What was the business representation that you were recommending?
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Norton/Two business or property owners from the entire DR area. I take that to be both
central business and the Near South Side.
Baker/It wasn't just a resident of the area. It was a business owner operator.
Norton/It was two business or property owners from the whole area including the Near
South Side and the d.t. central business district. I am just trying to formulate or
express the committee's recommendation, albeit rather clumsily.
Nov/This was not what we were saying as we talked about this last time. We were saying
one from each area.
Kubby/Right and I think that I like the change to be two from both areas because of
making sure that we will have a big enough applicant pool to- It creates a bigger
applicant pool even though the geography is still the same. That if for some reason
for a short period of time there isn't a business or property from one particular
sector, that we don't have one less committee member.
Nov/We also have to say- The other people on this, such as an architect, could own an
architect business in that district. Though there is a possibility that a single person
would fit two of the labels.
Kubby/But they would apply for a certain position so they would be applying as an
architect or as a business or property owner. Their applications will be targeted as
we do for the Board of Appeals when we need an electrician. Only electricians
apply for that.
Nov/1 didn't visualize it as being that targeted.
Kubby/That is how I imagined it.
Woito/No, I agree. That is the way I understood it.
Nov/Can we think back to the kind of outline or kind of a premise that we have for HCD.
We said we wanted some people in this or that trade. We didn't say where they
had to have their business and couldn't we do that here, too? Couldn't we say
because a person is in a particular trade, they are not going to be excluded or
included based on the address of their business.
Woito/That is up to you, yes. t mean you could change that but that is not what is on the
floor as I understand it.
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Norton/I understand that those categories, that is the categories about architects could be
from anywhere, might be from the area in question or might not. I take it the
design professionals or the people in the building trades are the same way. It could
be from wherever. And there is an at large person. I guess there is no disagreement
anywhere except possibly how you deal with the business or property owner. Now
the committee, I thought, made a case Dee for saying that they thought people
should not restrict it to first floor business owners or business property owners.
Vanderhoef/What experience or what do you think they can bring to DR when they are
not actively involved in the retail or the service business.
Norton/I thought they could be in the business that is on the second floor.
Kubby/That is an assumption that ~naybe there aren't that many retail businesses now or
that people who own businesses or own property don't have anything at stake
when their facade changes whether on the ground floor or all the way up the
building.
Vanderhoef/And typically the facade is either the owner or the person who has the
ground floor and that person is the person who pays for it and designs it to do with
the flow of the traffic and everything else that has to do with their business and I
don't find that a- For example, a computer business that is up on the second floor
of the Dye Building, for instance, had any experience with retail or anything that
would deal with the problems that we are seeing with the DR to look at.
Thomberry/Since the DR, excuse me Larry.
Baker/I think I am going to say what you are going to say.
Thomberry/What I was going to say is since the DR Committee had passed, I think the
laws and the rules that they established should be for the people that are directly
affected. In other words, if someone owns a building that has a little shop upstairs
and I have the ground floor of the building., it is going to affect me a whole lot
more than it would be for the owner of the building up in the little office. And a lot
of the buildings d.t. are not owned by the retail spaces that are d.t. So I think that
when they are doing their laws and rules, that it should be the people that are
affected should be on the committee.
Baker/Then we weren't going to say the same thing, I am sorry. Dee and I talked about
this months ago. I said I didn't see particularly a problem with that particular
aspect of it. I didn't have strong feelings one way or the other. However it is
apparent that the DR Committee has strong feelings about that particular make up
and they, I think, Dee, you said your amendments is trying to reflect what their
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feelings were. In this case, you know, the people who are doing the committee
work, giving us guidelines that they would like to see for the make up of the
committee. Unless I felt strongly about your amendment, Dee, I don't see any
reason to disagree with the committee's recommendation. I just don't feel strongly
enough that your recommendation is-
Thomberry/All I would like to see is the person who is paying for the work that is being
done be represented.
Norton/Well, I want to say that I am not totally devoted to mine. I just put it up because
it was the committee's. I can see some logic to your concerns. I don't mean to
vote against my own amendment though.
Lehman/In Marty's note he says a four street level design not only impacts first floor
business but all businesses who are within the district. Now this is in the same
paragraph where he says that we shouldn't have to be first floor.
Nov/I think the committee-
Baker/Because people on the second floor that you would exclude by these amendments
are- feel the impact of the decision as well.
Nov/I
think the committee has some concerns also about finding enough people to apply.
There are many retail business owners who do not live in the city limits and they
are automatically excluded. So by including someone who is a property owner, not
necessarily a dr. business. The property owner may live in the city limits but his
business is over in the north end of town. And then there are also openings by
saying if you business is d.t. on the second floor and you live within the city limits,
we will take you also. I think they are concerned about not getting enough
applicants.
Vanderhoeff Excuse me, when you started out, I didn't catch what you were saying. It
sounded like you said the business owner-
Nov/A business owner d.t. need not live within the city limits and therefore that business
owner would not apply and there are a number of them because I have spoken to
people who rent a d.t. business who are interested in this committee and who are
excluded because of their residence. So I think the committee has some of those
concerns about the number of applicants.
Vanderhoef/If that comes to pass, then we could take another look at it. But until such
time, I think we still should stick with the first floor business owner.
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Norton/We can agree that by and large we would think that would be the appropriate
thing to do. Leave it this way, it is loose, you can go either way. You can appoint
somebody from an upstairs or a downstairs person. But by and large, I kind of
agree, I would like to see them be people who are most directly involved but I
would rather not tighten up the committee at this point. Maybe that will be
necessary at some point. 1 would go along with the commitlee's recommendation.
It just seems to be-leave it open.
Vanderhoef/1 would rather see the opposite way. If we cannot get someone to come
forward and serve on the committee then change it.
Norton/Then you would have to change it to go upstairs.
Thomberry/Then loosen the reins.
Vanderhoef/I think you might be surprised how many people are going to be available.
Baker/One of the things we talked about at our goal setting session was listening to
committees. We disagree with them.
Thomberry/Still I think the committees need to be made up, Larry, of the being who are
going to be paying the bill.
Vanderhoef/Absolutely.
Norton/No doubt about that.
Thomberry/Regulation. So, unless the DR Committee can't find qualified people for their
committee, I would vote in a heart beat to loosen that up so that they could get a
full committee. But until that happens I still think that the people that are involved
in it and are paying the bills should have a voice.
Baker/The committee's recommendation doesn't preclude that from happening.
Thomberry/That is true. But it could.
Norton/We make the appointments, Dee. We make the appointments.
Thomberry/This is an autonomous organization.
Bakeff They are not autonomous.
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Kubby/When applications come in, if there is more than one applicant for this particular
category, we can also favor that if we choose to favor the first floor business
owner or property owner. I guess it would just be the business owner.
Norton/Do you want to modify my motion?
Vanderhoef/Yes.
Norton/You can always amend the amendment.
Kubby/We can see if this votes up or down. If this is down then another idea.
Baker/We have an amendment on the floor for Dee Norton.
Norton/That is fight. That is true and we ought to deal with it, I guess.
Nov/We are still discussing that.
Baker/I just want to know where we are at.
Nov/And as I understand it, the only controversy is whether or not a business owner who
was eligible can have a business above the ground floor. I didn't hear anybody say
a property owner was not eligible whether or not his business is on the ground
floor.
Norton/The property owner thing gets difficult, like if you try to incorporate Dee
Vanderhoef's. That is why I say let's go with this and see what happens.
Nov/It is possible that Ernie might have a business d.t. and another business somewhere
else. And if he decides that he is going to consolidate his two businesses, he might
still won the building d.t. These types of things happen. So he would still be
eligible because he owns the building even though his current business is no longer
d.t. Okay, I just wanted to clarify what we are saying here. So we are saying
somebody like that is eligible and somebody who has a d.t. business but not on the
first floor is not eligible.
Kubby/Well that is what is being suggested. That is not what is on the floor.
Nov/That is not what is on the floor, fight. That is the current discussion.
Woito/The committee recmnmendation is on the floor.
Norton/True.
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Thomberry/That is first floor or third floor or whatever. Is that correct?
Woito/Right.
Nov/That is correct.
Kubby/Let's vote.
Norton/But we will be sensible, Dean.
Lehman/Could be in the basement.
Nov/It could be in the basement, yes.
Norton/That is right. There are some.
Nov/Okay, we have an amendment. We need a motion. The motion is to change the
membership to seven members, two of which will be architects, two of which will
be in building trades or some kind of design, two of which will either be business
owners in the properties that are being regulated or property owners in the district
that is being regulated. One will be at large and that is what the committee has
recommended. All in favor please say aye- ( Nov, Norton, Kubby, Baker). Looks
like four. All opposed same sign- (Vanderhoef, Thomberry, Lehman). Looks like
three.
Lehman/I am going to vote against the whole thing, so it doesn't make any difference.
Nov/It is a 4-3. All right.
Woito/It is 4-3, yeah.
Nov/I move adoption of the resolution as modified.
Karr/It is already on the floor.
Nov/The resolution is already on the floor. You moved the amendments and who
seconded the amendments. I lost count. Karen, okay. It was Karen who moved the
original resolution and Norton seconded. Norton moved the amendments, Karen
seconded. The amendments passed on a 4-3 vote and we are now doing the
original resolution. Any further discussion7 1 have a question about the bylaws. In
the resolution- This resolution goes the whole chunk at once, so I am going to talk
about the bylaws. Page 1, where the membership is described, it quotes the
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resolution saying nine members complete their term and then the committee
members are reduced through attrition and it appears to me that as soon as you get
to seven committee members, you have to delete that from the bylaws. So I am
maintaining that the bylaws don't need to say that. The resolution has already said
it. So I would like to just take that last sentence out of those bylaws on page 1.
Kubby/Does that work, Linda?
Vanderhoet71 don't see how that is going to work.
Nov/ The bylaws are the rules of the committee and if the committee needs to take that
out, we need to have a Rules Committee meeting and a resolution to take this out
and a couple of months fi-om now it is no longer efective anyway.
Kubby/Can we vote on this with the understanding that it will automatically come back to
us when we reduce to that seven, so we don't have to go through all that
procedure because we have made that commitment here and now as a condition of
voting on this resolution. So that we get a little more efficient. The time it is a very
small issue that doesn't need to go back to the Rules Committee.
Woito/Do they have seven now?
Nov/The resolution says as we have described the membership, the nine members of the
previous DR Committee may complete their terms as members of the DR
Committee established in this resolution. But the number of committee members
shall be reduced to seven through attrition either as terms expire, the terms end, or
as members resign.
Woito/You are right, it does not need to be restated in the bylaws if it is in the resolution.
I think that is clear.
Nov/The bylaws should be the permanent operating procedure for the future committee
and the resolution should state the current committee obligations to finish a term
or whatever we are saying.
Woito/The bylaws will apply to the current committee as well as when it gets down to
seven. But it just won't have to come back to you.
Nov/Okay.
Karr/See, it is nine fight now. I think that was the reason it was put in there to cover them
while they are nine and once the~ become seven it won't matter.
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Vanderhoeff My question is on all of this, if we are coming down to seven, how are we
going to be assured that we are going to he in compliance with what we just voted
on?
Karr/The membership?
Vanderhoef/I don't see that we can do anything but dissolve and reappoint.
Woito/David, do you have this figured out?
Nov/Please do.
Schoon/If no one resigns before next July, July 3, three members resigned, we will be able
to work it out. If people start resigning before then, we are going to have to work
it out some way. It may take us a little longer to work it out.
Karr/We will work it out through attrition but possibly not any sooner than next July.
Norton/Do we have anything in front of us or are we proceeding?
Nov/Well, the statement that I want to delete is in the resolution. We are not deleting the
concept. I just don't believe that it is required in the bylaws.
Kubby/I move that we delete the sentence that Naomi just referred to.
Nov/This is the last sentence page one of the bylaws. Moved by Kubby, seconded by
Norton, that we amend the bylaws. Any further discussion? All in favor, please say
aye- (ayes). Motion carried.
We are back to the original resolution as amended and the bylaws as amended.
Any further discussion? Roll call- (Yes: Nov, Norton, Kubby, Baker. No:
Vanderhoef, Thornberry, Lehman). That was 4-3 and the resolution passed.
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ITEM NO,13 CONSIDER A RESOLUTION AUTHORIZING THE FILING OF AN
APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR IOWA CLEAN
AIR ATYAINMENT PROGRAM FUNDS.
Nov/Moved by Kubby, seconded by Lehman. Everyone is going to second this, right. Any
discussion? The original resolution was amended as we proposed last night. It is
here on the table with us. So we are ready to vote7 Roll call- (yes). Resolution has
been adopted.
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ITEM N0.14 CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE
CABLE TV DIVISION AND THE AFSCME PAY PLAN BY ADDING THE POSITION OF
COMMUNITY PROGRAMMER.
Nov/Moved by Norton, seconded by Vanderhoef. Discussion.
Baker/l have a question about how this is going to be advertised. Are we doing anything
other than the Iowa City area? Any advertising?
Helling/It is a union position. It will be posted internally for five days. We will look at
those applicants and decide whether to go through the outside. If we go to the
outside, it will be posted or advertised probably pretty much locally or small
regional area.
Norton/Who is doing the screening? BTC?
Helling/No, as any other position, it will be staff screened. Generally the initial screening
is done by Human Relations Division and then final screening would involve
probably Drew, maybe Bob Hardy.
Norton/But they don't meet with any of the committee, BTC?
Helling. There will be- Generally board and commission members don't get involved in the
initial screening because it is kind of a process. Really a decision hasn't been made
as far as an interview committee whether or not that would include a commission
member or not. It might.
Kubby/And or someone from the advisory board that would be part of this whole thing,
too. I think-
Helling/We have talked about that and-
Norton/This is such a sensitive position. I think this is, you know, with the break through
to get the arrangenmts and the agreements that were entailed as I pointed out
earlier, that I think it is an extremely important move. This person is going to have
to be really sensitive to us, to this community, balance is going to be very
important. OF course they get advice, too. I don't mean that.
Thombelly/I probably have unique position on this subject, that being that I tlfink
personally that we don't need five public access channels. That this money could
be used to do something to consolidate all of the five public access channels that
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we have. Have them on the air perhaps longer. I mean, it seems like when I tube in
they are not- there ia nothing on half of them anyway. Nearly half of the five. And I
am a surfer. But I would like to see this money used to consolidate the public
access channel down to perhaps two channels. And use the other three available
channels for additional broadcasting that we could maybe pick up from TCI. But I
can't see using the $.50 per month per subscriber pass through revenue to pay for
a new position within the city. I just can't. I don't want any new positions added
until we can consolidate what we have got.
Kubby/Even consolidated, there would still be this need for community programming. It
is just that they would be aired on a different place and a different time possibly.
There would be less prime time space for government, educational, library and
community programming to be viewed by the majority of the people. So the
purpose of this position would still be here no matter what the number of channels
in your scenario.
Thornbeny/Then once this has been done, I think there m'e people already in house, on
staff, of the people that I have talked to, within and seen in action, with some of
these-within the five access channels that are capable of doing this position now.
Kubby/Hire them.
Norton/I agree with you about- There seems to be a great many channels, right, and not
enough material. That one of things this person will do is help put more and better
material on one or more of those channels. Whether there is any consolidation-
Whether the appointment of this position and the consolidation kind of thing you
are talking about is reasonable, I don't know. But I hope Broadband is looking at
efficiency here overall.
Kubby/It doesn't cost anything to have those extra channels. That is TCI's obligation.
Bake# I don't think you need fewer channels. You need better programming.
Norton/You certainly need that. I am trying to find some efficiencies because as Dean
says we have a lot of channels and not much product.
Kubby/How is that efficient? I don't get that. It does not cost anybody-
Norton/Well, I don't know how much staff is involved in all of those all together.
Helling/The most staff are involved with Public Access and with the Government
Channel. The library has its channel and there are some library staff involved with
some assistance from the Government Channel staff And then of course, school
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district has their own channel. This is all by ordinance, both in the past franchise
and the current one, these were carried over. It would be very difficult to get those
organizations like Public Access or like school district to give up their channel. We
have talked in the past about how we might combine channels and we want to
keep looking at that. However, again, keep in mind, that each one of these entities
have had its own channel for a period of about 15 years, 17 year now actually. It
would be difficult to get them to give that up. So it would have to be a coordinated
cooperative effort.
Kubby/Those entities, I am assuming, would still want to provide the kind of
programming that they are currently doing. So people would still be producing
things and people would still be paid and so it is just a matter of is it on at 2:00
AM or is it on at 6:00 PM so it is more accessible. When you have more channels,
you have more prime time. That means it is more accessible for the community. It
is not an efficiency in terms of money in a way unless there is an increase in
programming.
Thornberry/$35,000 to $42,000 if you did not have that position and I am saying that I
don't think that position is necessary. I think the people-
Kubby/(Can't hear).
Thomberry/I want to do both. I think the people responsible for those channels should
have the inner-veracity to do a better job without a $42,000 overseer.
Norton/But the BTC people looked at this and worked with those people and talked with
all those groups and apparently they didn't have the necessary competence within
their present group to get it done. Is that right?
Kubby/I don't think that that is-
Thornberry/I think the competency is there.
Norton/Then why did they recommend another person? They got other ways to spend the
money.
Kubby/Because more program needs is going to happen, not necessarily different kinds.
And you need more people to create more programming. We are saying we want
to hire quality programming, that we want some coordination, that we want people
to physically go out and do stuff and maybe do some educational things, too. That
takes people power.
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Baker/Can I ask just a question? We had in our packet a few weeks ago a job description
of this position. I have not looked at it since then. Is that one of the clear
expectations of responsibilities of this position? To improve, create more
programming?
Helling/That is exactly what it is. To get more of what is going on in the community on
local television.
Baker/But is that in the clear job expectation?
Helling Yes.
Baked That is one of the measurement of the position?
Helling/And it is clearly understood this programming will not just be for one channel.
Certain programs may appear on more than one. It may vary depending on what is
most appropriate.
Baked So there is a way to evaluate the performance of this person?
Helling/Sure.
Norton/It should be noticeable.
Nov/Okay. Roll call- (yes. no: Thomberry). The resolution has been approved on 6-1
vote, Thomberry voting no.
Thomberry/Good arguments. I was almost swayed. Almost.
Norton/The proof is in the pudding. We will have to see, Dean. You ought to see
differences.
Thomberry/$42,000, a new position.
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September 1 O,
ITEM NO. 15
1996 City of Iowa City Paine 11
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN TO
THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF
IOWA CITY, IOWA, THE CITY OF CORALVILLE, IOWA, AND PUBLIC
ACCESS TELEVISION, INC. FOR FUNDING, OPERATION,AND
MANAGEMENT OF THE LOCAL PUBLIC ACCESS FUNCTION.
Comment: At its meeting on July 22, 1996, the Broadband Telecommu-
nications Commission recommended approval of this agreement. It is a three-
party agreement between the cities of Iowa City and Coralville and PATV, the
funding for which comes from the local cable company, Cablevision VII, Inc.
This agreement expires December 31, 1999 with provisions for renewal by
mutual agreement for two additional terms of three years each. The provisions
of this agreement are generally consistent w~h those of the agreement under
which PATV has carried out this function for the City since 1990.
ITEM NO. 16
ANNOUNCEMENT OF VACANCIES.
a. Previously announced vacancies.
(1)
Housing & Community Development Commission - One vacancy
to fill an unexpired term ending September 1, 1997. (Christina
Randall resigned.) (4 males and 4 female currently serve on this
Board.)
This appointment is being deferred to the October 8 meeting of
the City Council to allow for a 30 day advertising period.
ITEM NO. 17 CITY COUNCIL INFORMATION.
//15 September 10, 1996 Formal Council Meeting Page 1
ITEM N0.15 CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN TO THE
CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA,
THE CITY OF CORALVILLE, IOWA, AND PUBLIC ACCESS TELEVISION, INC. FOR
FUNDING, OPERATION,AND MANAGEMENT OF THE LOCAL PUBLIC ACCESS FUNCTION.
Nov/(Reads agenda).
Lehman/We need to deter this to what?
Nov/There is an addendum that hasn't been finished yet. The resolution refers to the
addendum, to the contract and we don't have it yet. So, moved by Lehman,
seconded by Thomber~' that this be deferred to September 24. All those in favor,
please say aye- (ayes). Motion carries.
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ITEM N0.17 CITY COUNCIL INFORMATION.
Nov/Next we have City Council Information.
Kubby/I am kind of reflecting on some of the things that were said earlier at the meeting
and I am wondering if council would feel comfortable enough in asking the mayor
to contact the Shaw family sometime this week to offer to come and speak with
them in a very community oriented spirit knowing that we don't have any specific
information. To speak with them privately.
Nov/We did send them-
Kubby/We did but that is different than attempting to communicate with them on a real
person to person level and at the place of their choosing.
Nov/We did have some city council, not city council, excuse me. Some city employees
who were refused. So we need to-
Kubby/Some time has passed and they have requested that one of the things that they
need to help their healing is an apology from the city and I guess what I am
requesting is that you visit them and they may differently with the contact and it
would be their choice to refuse to do that but I would like us to offer that kind of
communication.
Nov/I would like to talk to the city attorney and find out what we can or cannot do and 1
will consider that. Ernie will go with me.
Kubby/Well, I guess-
Baker/If we can do it, let's do it.
Norton/If we can do it, do it. It would be lovely if the both ofyou went. I think that
would be very nice.
Kubby/Thank you.
Norton/Does this also relate- Are you going to go ahead and talk about- Are we going to
get together before long?
Kubby/I was kind of feeling like we were almost saying we are going to meet at a special
meeting Wednesday night, I guess that is tomorrow night. And that we were really
close to saying that. I am not quite sure why we decided not to do that and wait
until the 17th.
#17 September 10, 1996 Formal Council Meeting Page 2
Baker/I thought there was some discussion about allowing a to of this to sort of be
absorbed. The staff to get together tentative information that they can put
together. That tomorrow might now-
Nov/I thought it was too soon and also I said I was busy tomorrow.
Arkins/I can be ready by the 17th with an outline for you if that is your direction.
Baker/The 17th is the latest I think we should do.
Lehman/I would rather see us take a little time and do it right.
Norton/I agree with that.
Lehman/I think we have a commitment to doing things but doing it as carefully as we can.
Doing it as correctly as we can.
Atkins/It won't be perfect but I can certainly give you, again, frame an issue for you.
Kubby/Some of the concerns 1 was hearing during a break when I went outside about that
if we wait too long and if we should decide that for this particular instance, we
have some kind of civilian review board or citizen review to look into this, that
things get sealed up pretty quickly and (can't hear). Just the feeling that it might be
too late. I don't know. I don't really understand all of the ramifications of all of
this right now. But it was something in three different conversations outside. So I
just wanted to bring that to council's attention in terms of making our choice.
Baker/First ofail, are we agreeing that the 17th is when we are going to discuss this
general concept, this general review board, citizen review board?
Nov/I think we should do this on the 17th and it would be my preference to put it first.
Discuss this and then see what time we would have for capital improvements and
put those at the end.
Baker/Then the second issue about the separate investigation, we could certainly,
depending on what we know a week from now, talk about it but I don't think we
should be rushed in a judgment on that. On the separate investigation for the
specific-
Norton/I don't even quite understand what that would mean or how such an investigation
would be authorized.
Baker/I don't want to mislead the public in thinking that we are strongly inclined to do
that because I seriously want us to wait for- have us respond to some of those
external reviews. And the concern about cold trails and stuff, I think depending on
#17 Scplemb~r 10, 1996 Formal Council Meeting Page 3
what comes out of those other reviews on this particular case, we can fairly
quickly get a sense of what the council wants to do.
Kubby/One of my goals is to make sure that we do some things that build confidence that
are sincere and real and I am hearing during the break that people are feeling the
DCI does not feel external. That insurance carriers investigation doesn't feel
external because they have something at stake with us here, too. That there is
potential big money involved that they would have to pay. So it doesn't feel very
independent. The ones that are out there right now don't feel very-
Baker/At this point, I don't share that concern to the intensity to which evidently they feel
it about the~ What is the word that I am looking for to describe, those two
reviews, especially the DCI review. The-
Woito/Incident specific and the overall policy.
Baker/No but the, the- I don't have the same suspicion of those two reveiw processes
that understandably was felt tonight by these group of people. I think a responsible
action on out part is this body and a larger role we play is to- I want to assume
right now because I have no evidence of the contrary feelings to the contrary that
we, as a body, need to be or should be suspicious of those ethics. Not ethics, that
is not the word I am looking for here. The reliability, anybody jump in with a word
here.
Kubby/You don't have any suspicions about the relationship between these different
agencies that-
Baker/I don't share the intensity of suspicion that was expressed tonight. I want to see, I
want to give those agencies the opportunity to do what they are suppose to do and
evaluate that.
Norton/My thought is one of the things that Steve would bring to us on the 17th and we
might bring ourselves, having thought a little bit more about the kind of civilian
review board and what its purview is. How much is investigating that incident as
opposed to investigating how that incident was investigated and the policy that the
police.
Baker/
Maybe one of the things we talk about for the civilian review board is in
comparable future circumstances is that one of the things that they review, the
outside review.
Norton/Yeah, there are a whole lot of policies that need to be looked at.
Baker/I don't have an answer for that.
# 17 September 10, 1996 Formal Council Meeting Page 4
Nov/I think this is something that can cover only standard procedures and policies and
should they be changed, I don't see a citizen review board discussing this incident.
Norton/I don't know yet because it makes me-
Nov/You really think they can investigate-
Norton/I don't think that they are going to go down and do PI kind of thing.
Baker/1 haven't thought through all of the issues involved yet.
Woito/Can we talk about it next week?
Council/(All talking).
Kubby/Our question was about the meeting date, that has been answered. No one wants
to move it up.
Norton/1 would do it sooner but that is what I understand is the earliest this week.
Thornberry/Karen, I am available anytime from now on.
Nov/Dee Vanderhoefis out of town.
Vanderhoef/I am available tomorrow and then to until Monday.
Nov/All fight. This is something that we really have to do with the entire-
Baker/If we are date specific, the public knows that. We have said tonight we are going
to meet on the 17th, start that process.
Norton/That chews into our CIP. Is there no chance to meet on Monday night?
Kubby/The CI~ can wait. This is much more important.
Norton/The sooner the better we get at this. That is all I am saying. Earlier date than the
17th? I would think-
Baker/I understand the urgency of the CIP but obviously it is a secondary concern.
Nov/Dee, when are you coming back?
Vanderhoef/I am coming back Sunday night, late.
Nov/Well, 1 suppose Monday night is available. We have already said Tuesday night.
#17 September 10, 1996 Formal Council Meeting Page 5
Norton/The sooner the better.
Kubby/We are not going to do it this week because we have already announced that.
Since we are not going to do it much sooner, I don't think that one day is going
tO-
Baker/If we have a choice of doing two things next week, let's do the citizen review thing
first.
Nov/That is what I said. Let's put that first on the agenda and we will talk about CIP if
we have time.
Thomberry/17th, one day do it citizens reviews-
Baker/Do them on the same day?
Nov/That is what we are talking about.
Baker/Talking about a Monday meeting and a Tuesday meeting.
Nov/Because we are starting at 4:00.
Baker/I am confused about whether it was two days or one day. That is fine.
Woito/You can do it both in one day.
Nov/We don't have to do both in one day. We can put off the CIP. We still have saved a
couple of other dates later in the montk
Kubby/Steve, in one of the questions I know I am going to be asking and wanting some
information on is examples of other communities where citizen review boards
actively do an independent investigation of a specific incident and are they ever
involved in disciplinary action. So that might be one of the pieces of information to
gather.
Nov/While you are doing some general information on how a review board would
operate, a volunteer review board, I would also like a little more information on
the accreditation process because I am seriously thinking that maybe that kind of
investigation would be our best final step.
Norton/That is a fully outside review, an accreditation agency that comes in from outside
an takes a look at your whole operation.
#17 September 10, 1996 Formal Council Meeting Page 6
Nov/This would involve the entire operation. They would not only cover procedures and
policies, they would cover equipment an everything else.
Baker/Would they cover complaints on a regular basis?
Nov/No, they would-
Atkins/It's the accreditation process requires that a complaint review process be in place.
That is their process.
Nov/And while we are talking about a possible citizens committee for complaint review, I
am thinking maybe we should go beyond that and do a complete accreditation.
Norton/Well, let's think about it.
Nov/That what I am saying. Let's have some more information. That is all. Okay.
Kubby/I have another calendar thing. The 23rd informal date is on Yom Kippur and some
members of the community have commented on that. If we think about collasping
our informal and come on the Tueday night.
Nov/Isn't this finished at sundown? I don't know when sundown starts and sundown
ends, but I believe that it is not-
Kubby/It is the night before. It is the sundown before to the sundown after the 23rd.
Nov/So it is not longer Yom Kippur at sundown. If we know when sundown is and if we
started at 7:30, you squeak by.
Atkins/We will look it up.
Nov/Do you want to do that?
Kubby/I just want to bring it up.
Baker/I was going to ask about the sort of tentative agenda for that meeting because I
want to confirm some items what I think should be on there. That is what I have
got on my list for tonight.
Nov/What do people want to do? Do you want to move to an earlier starting date on
Tuesday or a later starting date on Monday?
Kubby/Could we do half hour or whatever the appropriate time would be on Monday
night at a later time? It wouldn't be all that comfortable but it would accommodate
those of us who would like to celebrate an important holiday.
#I? September 10, 1996 Formal Council Meeting Page 7
Baker/I want to get a sense of what we are looking at as informal agenda items. To
decide how much the day of or the day before. One of the things we talked about
is talking about the 1CAD review things and then the Elks is coming back to us. is
it that night that we are going to be talking about the Elks again7 Some executive
session or some form? Wasn't that part of the schedule?
AtEns/That is our desire. The sooner the better, yes. It depends on the Elks.
Baker/And the d.t. committee thing. I want to talk about that later but we need to talk-
Norton/Animal control?
Baker/So there are three major items. What is the fourth one, Dee?
Norton/Animal control.
Baker/Animal control, I don't see that being a long discussion.
CHANGE TAPE TO REEL 96-105 SIDE 2
Baker/Go and talk to somebody else about it. I don't want to talk about it. I want to say
here is what is bugging me, go talk about it.
Nov/As far as the animal control issue is concerned, we really should state our concerns
and send it back to the committee that wrote the ordinance and have them review.
Baker/I don't want to debate the ordinance that night. Just say a, b, and e is my top
concerns. (Can't hear). So tliere is four items right there and we have got zoning
which we can do earlier on Tuesday, just the zoning review.
Norton/I want to get something clear because I have this phone call today about the
animal ordinance. Somebody who planned to be here on the 24th. I take it there
will not be- Is there a p.h. that is not on the 24th?
Nov/No, they can bring it up in Public Discussion.
Norton/If they want to be here but there is not a p.h on that date. It would be October 8
I take it.
Karr/You deferred it indefinitely.
Norton/Oh, we did it indefinitely until we get it argued.
#17
September 10. 1996 Formal Council Meeting
Page 8
Vanderhoef/If we are going to send it back to the committee, we have got to give them
sometime to respond. So you can let your friend know-
Norton/I just want to be sure to make a phone call in the morning to make sure she
doesn't-
Nov/If you have no way to change your plane tickets, you then come on the 24th and talk
during-
Norton/And talk with the Public Discussion. Other wise the public hearing will be some
time in the future.
Nov/Some time in the future is a good way to describe it.
Kubby/We still haven't resolved the-
Nov/Well, we have not. It appears as if we are leaning towards starting later on Monday
and starting earlier on Tuesday.
Norton/How much later are we talking about. Karen, is your thing an all evening affair
regardless or is it finite?
Nov/It is finite.
Kubby/1 could make it finite.
Norton/Like 7:30 or 8:00 or what are we talking about?
Nov/If sundown is at 7:00, we can start at 8:00. We will leave leeway in there if you are
truly fasting.
Norton/You mean to eat?
Nov/Yes, that is what I mean.
Norton/I see.
Baker/Would it be inappropriate to set a schedule and if an individual has another
concern, that individual is free to come in a little later. Is that fair?
Kubby/Would you do this for one of your faith's major holidays7
Council/(All talking).
Nov/There is nothing wrong with being accommodating.
//17 September 10, 1996 Formal Council Meeting Page 9
Council/(All talking).
Vanderhoef/Would 8:00 work for everybody? And for those that might be a little bit late,
perhaps animal control would be the first thing to get up there and you could put
something in the packet for-
Kubby/8:00 is very accommodating.
Karr/So we are starting at 8:00 the 23rd.
Kubby/I appreciate the accommodation.
Nov/Now, do we want to come in earlier on Tuesday in order to cover all of these items.
For example, if you have an e.s. at 6:00, you know, whatever. Do we want to
allow that?
Norton/I think we should.
Woito/You are going to meet in e.s.
Norton/If we have that it should be well before 7:00, yes.
Nov/If we need it. We will post 6:00. Okay.
Karr/6:00 the 24th for e.s.
Nov/I don't know if we are going to need it. ! am just saying because we are cutting an
hour from the meeting on Monday, do we want to add an hour to the meeting on
Tuesday?
Kubby/Yes.
Norton/Yes.
Baker/Yep.
Nov/I think I hear yesses.
Vanderhoel7 That is fine. My question is if you are talking e.s, will be not be going back
into e.s. for Elks on Monday night?
Woito/No, we will do it Tuesday.
Kubby/We may have to do it Monday. How can you decide?
#17
September 10, 1996 Formal Council Meeting
Page 10
Vanderhoeff Can we post it.
Woito/It is premature to know right now anyway.
Nov/If we have the extra hour we could even discuss P/Z items.
Karr/We are just going to reserve blocks of time right now. We are not dealing with
specifics. It is blocks of time. So we have got 8:00 Monday and 6:00 Tuesday.
Kubby/And I would like one of our goals to be that our formal meeting on Tuesday
begins at 7:00 at the normal time if possible.
Nov/That what I am trying to say. We will have an extra hour there which we could use
for P/Z or for e.s or for whatever. And if we decide at some point, like next
Friday, we don't need it, we don't have to post it that way.
Thomberry/One item for clarification. 23rd is at 8:00? 24th is at 6:00?
Kin'r/Yes.
Kubby/Thank you all very much for that.
There is some really great events going on. The Office of the State Archeologist
and the Iowa Archeological Society is sponsoring Iowa Archeological Week and it
is state wide panel of events going on all over and their pamphlet is really nicely
organized because it is by area. It is not by date or something. So if you want to
take a weekend trip to learn about archeological sites in northeast Iowa, you could
select a town and find it and there is one that is happening in Coralville on
Thursday, September 19 on the presenter is going to be U. of I. professor Tom
Chaffton who was doing some archeological digging, I 1 believe with students, at
Plum Grove. He will be talking about that at the Coralville Public Library. You can
get one of these pamphlets by contacting the Iowa Archeological Society or the
State Archeologist. A very wonderful group of educational programs to learn
about our prehistoric history.
Secondly, there is another teleconference. It is a national conference called
Building Hospitable Communities and it is about bringing- I would like to read the
purpose real briefly. The purpose of this teleconference is to strengthen and deepen
the capacity ofpeople and communities throughout the United States, to welcome
and value the gifts and skills of new immigrants, to share strategies that diminish
community tension and to explore models that increase cowanunity well being and
to reduce the affect of anti-immigrant bias in the public policy arena. And this is
happening on Tuesday, September 24, 10:00 AM to 3:00 PM. So some ofus
could participate and scoot down here for our meeting. Just so people know about
/117
September 10, 1996 Formal Council Meeting
Page ll
that. If you want more detailed information, you can contact me. That is all I have.
Thank you.
Baker/
I have something but I have the Reader's Digest version. First thing I have a memo
~om Mr. Norton and myself about d.t. development schedules and basically (can't
bear), size of committee, goals, membership. Just general questions that we would
like to see discussed. These are not answers, they are not restrictions. There is
copies for everybody and we can talk about it next informal meeting as part of the
agenda discussion. I will be glad to (can't hear).
I am going to announce this 3-4 more times in the next few meetings. On
November 7, Thursday night at 7:00 PM. I am going to get a sign made up for
this. The University of Iowa Debate Team is debating in the Boyd Law Building
auditorium the following question: Resolve that Iowa City should act to revitalize
its urban center. They have requested information and comments from the public
and council members. Again, the topic is resolve that Iowa City should act to
revitalize its urban center. I will announce that again but that is November 7th,
Thursday night, 7:00 PM., the auditorium ofthe Boyd Law Building.
Unfortunately I teach that night. I ask them to move it but they wouldn't
accommodate me. It is open to everybody else And I urge and encourage the
public to get involved.
Finally it is that time of year. Where is a camera at? It is that time ofthe year, a lot
of kids out selling candy for Regina, so buy lots of boxes, especially those little
short Korean kids that sound like me. Buy lots of candy from them and watch
them in the traffic. For all the kids out selling Regina candy and support that
please. Thank you.
Nov/I have a couple oflittle things and I hope that some day the Senior Center
Commission is going to show up again. Tonight wasn't the best time. The IC/JC
Senior Center is celebrating their 15th anniversary Friday, September 27 and there
is a whole list of events from 11:30 AM to 6:30 PM. They also have a volunteer
breakfast 7:30 in the morning. But the events that are open to the public are Swing
Timers performance, speech by Minnette Doderer, State Representative, New
Horizons Band Concert, ribbon cutting ceremony, reception with music and tours
and displays and dance. An anniversary dance at night. I will give this to the
television crew and they can put it on the television notices.
Also I would like people to note that we are having a breakfast for annual Human
Rights Awards. This is 7:30 AM on October 10 at the IMU, Tickets are available.
They are $10 and we have had Pat Caine, a U of I law professor. Her speech is the
Supreme Court, Civil Rights, and Culture War. There is an availability of
applications to nominate people for the Human Rights Award. These applications
are here at the Civic Center and the deadline for those nominations 5:00 PM,
#17
September 10, 1996 Formal Couaci] Mccfing
Page 12
Monday September 23. So anyone who has a candidate for this award, please
nominate them.
Also we are continuing the Iowa City Special Census. The U.S. Bureau of Census
is conducting a personal door knocking census. The census workers are traveling
door to door, stopping at all residences. They are counting all Iowa City residences
and they have a short verbal questionnaire which is strictly confidential. This takes
only a few minutes &your time. It will benefit your community. Please do it.
Vanderhoet71 have been counted already.
Nov/I am still waiting. That is it.
September 10, !996
iTEM NO. 18
City of Iowa City
Page 12
REPORT ON ITEMS FROM THE CiTY MANAGER AND CiTY ATTORNEY.
a. City Manager.
b. City Attorney,
iTEM NO. 19
ADJOURNMENT.
1996
City Council Work Session Agendas and Meeting Schedule
ISeptember 9
7:00 p.m.
8:15 p.m.
Monday
Special Council Meeting - Council Chambers
Executive Session - Land Acquisition, Pending Litigation
City Council Work Session - Council Chambers
Times Are Approximate
8:15 p.m.
8:45 p.m,
9:15 p.m.
9:25 p.m.
9:35 p.m.
Economic Development Opportunity List and Financial
Assistance Eligibility Guidelines
Review Zoning Matters
Sidewalk Cafes
Landfill Alternative Grant
Council Agenda, Council Time
ISeptember 10
7:00 p.m. Regular City Council Meeting - Council Chambers
Tuesday
September 17
4:00 p.m.
Special City Council Work Session - Council Chambers
1. CIPs
2. Other Business
Tuesday
I September 23
7:00 p.m.
I September 24
7:00 p.m.
IOctober 7
7:00 p.m.
~)ctober 8
7:00 p.m.
City Council Work Session * Council Chambers
Regular City Council Meeting - Council Chambers
City Council Work Session - Council Chambers
Regular City Council Meeting - Council Chambers
Monday
Tuesday
Monday
Tuesday