HomeMy WebLinkAbout2001-02-20 Transcription#2 Page 1
ITEM NO. 2. SPECIAL PRESENTATION: OUTSTANDING STUDENT
CITIZENSHIP AWARDS- Mark Twain Elementary
Lehman: So if the students would come forward please. Let me get in here too.
You know, there are a lot of folks who have figured that this is the best
part of the meeting. And I wouldn't want to argue with that. If you guys
would just read your name and then why you were nominated.
Cassie Decker: My name is Cassie Decker and I deserve this award because I do my
~vork and I return my homework on time. And also because I do my best
on my schoolwork and my homework. My teacher picked me because I
am doing so well in school and because I get good grades and because I
treat others fairly and try to do my work truthfully.
Amanda Fuhrmeister: My name is Amanda Fuhrmeister. I am in sixth grade at Mark
Twain Elementary. I am a good citizen because I help my classmates and
school by doing conflict manager. A conflict manager is when you go out
during recess and help kids solve their conflicts. I also do patrol. That is
when you go out before school or after and help kids get across the street.
I share my stuff with others and help others when they need my help. That
is why my teacher Ms. (can't hear) nominated me.
Paula Dread: My name is Paula Dread and why I think I deserve this award is because I
do my work on time and I am a good student. And I do patrol and
basketball and that is one of my favorite activities and that is why I think I
deserve this award.
L6hman: The awards read: (reads award). Let's give these guys a hand. I am still
trying to figure out how I can get my grandchildren here so I can give
them that award. And even if I could get them here and they got it it
would seem somehow- maybe something would be not quite fight.
Vanderhoef: You don't get to vote on that one Ernie.
Champion: We could give them the award for being the most patient grandchildren.
Lehman: I beg your pardon7
Champion: For being the most patient grandchildren.
Lehman: Thanks a lot Connie.
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meeting of February 20, 2001.
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b. Iowa City Noon Kiwanis Club Day
Lehman: (Reads proclamation).
Karr: Here to accept is George Dane.
Lehman: George, you are going to have to tell folks how many years of (can't hear)
your father had. And do it in the microphone.
Dane: I would have to think about that for a little bit because he was a member
and a past president of a club in Janesville, Wisconsin. He came down
here and transferred into this club in 1923. And then he moved to Florida
in 1955 and chartered another club down there and he died in about 1970.
So, you can figure it out that it is a long long time.
Lehman: A lot of years.
Dane: A lot of years. 80 years is a long time and I just want to say that I have
had the privilege to be associated with this club for probably two thirds of
that 80 years. And as you well know there are many service clubs in Iowa
City. And on behalf of them I want to appreciate your recognition of this
and acknowledge the many hundreds of people that do participate in these
service clubs and do all the these things for the community. I also want to
thank the people of Iowa City for the support that they have given these
clubs because this is what makes Iowa City such a special place to raise a
family and where to live. Thank you very much for your recognition.
Lehman: Thank you George.
Vanderhoef: I would just like to say that this is the club that we have to thank for the
Kiwanis Park on the west side and particularly the Dane family for the
land that went for that park.
Lehman: You are half fight. The Dane family but it is my Kiwanis Club that Don
belonged to that (can't hear).
Vanderhoef: Okay.
Lehman: Right church wrong pew.
Dane: Ernie is quite right. But dad was in three clubs. I am in the Noon Club.
We helped start Emie's club. We are the founding parents as you might
say. But in some ways the offspring has outshone the parents, you see,
because his club did that. And we are very happy to be able to do that.
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Vanderhoef: Thank you.
c. Peace Corps Day and International Volunteer Week
Lehman: (Reads proclamation).
Karr: Here to accept is Kristina Venzke.
Venzke: I currently work in the University oflowa's College of Public Health, but
for two unforgettable years from 1993 to 1995 I was a Peace Corps
Volunteer in Chad, Africa. Peace Corps Day is nationally recognized on
March 1 and this is the International Year of the Volunteer. Our PCVs,
which are returned Peace Corps Volunteers in the Iowa City area have
joined with a large number of other organizations in Iowa City to celebrate
the spirit of volunteerism as well as International Women' s Day which
happens to be March 8 and Women' s History Month which is the whole
month of March. So we am just celebrating everything at this point.
Many of the events that we have planned with this group of organizations
will revolve around volunteerism and women's issues. I wanted to
recognize some of the other organizations that we are working with in
Iowa City. There is the Iowa United Nations Association, the Iowa City
Human Rights Conunission, the University of Iowa Center for Human
Rights, the Iowa Peace Corps Association, University of Iowa Student
United Nations, the Emma Goldman Clinic for Women, Iowa Women' s
Foundation, the Women's Resource and Action Center, University of
Iowa Feminist Union, Iowa Women Initiating Social Change, Humanities
Iowa, and the Stanley Foundation as well as the Johnson County United
Nations Association. We have a large series of events planned and I
thought I would mention just two. On February 22- that is this Thursday,
in Meeting Room A at the Public Library there is a panel of international
women who are going to discuss the meaning of International Women' s
Day and their experiences. And on March 8 in the Richey Ballroom in the
Memorial Union we have an International Women' s Day Celebration that
will have international dancing, international food- it will be a lot of fun.
Tickets are available at the Emma Goldman Center. They are $10 in
advance for citizens and $5 for students at the University of Iowa. If
anyone has any more questions about our events you can get information
from the Iowa United Nations Association or the Ennna Goldman Clinic.
Thanks so much for this recognition.
Lehman: Thank you.
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meeting of February 20, 2001.
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ITEM NO. 4. STATE OF THE CITY ADDRESS.
Lehman: Item 4 is the state of the city, which is provided by ordinance I understand.
(Reads address).
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meeting of February 20, 2001.
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ITEM NO. 5. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED.
O'Donnell: So moved.
Champion: Second.
Lehman: Moved by O'Donnell, seconded by Champion. Discussion?
Kanner: I would like to remove from the consent calendar item number 5d(2)-
setting a 3/5 public hearing for Captain Irish Extension Phase II and First
Avenue extension.
Lehman: Okay, other discussion?
Kanner: For the usual report on people under the legal age we have two applicants
for renewal of alcohol licenses and they are not listed in our listing here.
But also Ernie can you mention the public hearings? The other public
hearing?
Lehman: Well, one of them is for the plans, specifications and form of contract for
the landscaping on Foster Road and Mormon Trek. These I think are
moving along with projects that are currently or have been currently
underway. A public hearing on the annual asphalt contract, an
authorization authorizing the 2000 resident oppommities and self-
sufficiency program, and the other two are accepting work for projects that
have been completed. Any other discussion? Roll call on the consent
calendar as amended with item d(2) removed. Motion carries.
Champion: Move adoption of d(2).
Lehman: Moved by Champion.
O'Donnell: Second.
Lehman: Seconded by O'Donnell for the adoption of d(2)- and I will read that.
(Reads d(2)). This is setting a public hearing. Discussion?
Kanner: I am going to vote against it because I think that it goes against an
agreement and understanding that City Council and the City had about
delaying paving until fiscal year '03 of First Avenue. And I would rather
keep with that original time schedule. This resolution is a public hearing
for changing that time schedule that was agreed upon last year. Ernie,
could you maybe just lay out the time line of what is going to happen so
people can know if they want to speak to it next time?
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Lehman: Well, this- yeah- this sets a public hearing for a contract that will- if the
Council approves it- will be let for the construction of phase II of Captain
Irish Parkway and First Avenue extended. That project would be started
in this- late this spring. Probably completion of that would be sometime
next year. But the whole project would be- it is going to be at least a few
year construction project. I guess that is pretty much what it does. At an
earlier discussion this afternoon- I think it is important to point this out- at
an earlier discussion at our work session the Council continned that there
is no intent on the part of council for First Avenue to be completed and
opened until such time as Captain Irish Parkway or Scott Boulevard are
completed. That was the subject of some discussion. Further discussion?
Pfab: I guess I will support Steven's position. I wasn't sure just how to
approach it. I believe that what we are doing is betraying the trust of the
people that we had voted on March 7 of last year that the paving for First
Avenue is going to happen in fiscal year '03 and the grading was going to
be done in '02. I believe that is the numbers. And now we want to change
it just because we want to change it. I don't think that is fair to the people
whose trust we need to have to govern right.
Champion: You know, I am going to just take a little exception to what you said
although I understand where you are coming from. But we do have a
reason for changing this. It isn't just some arbitrary decision we have
made. It is that it is going to be much more cost effective to do this and at
this time of tight budgets and tight Capital Improvement plans, I cannot in
good conscience not vote for something that is going to save the taxpayers
money in the end.
Pfab: I would counter with you Connie. And that is if the budget is so tight it
could be put off one year and it wouldn't hurt a thing at all. We would
still get them done at the same time.
Lehman: It would just cost more. All right, other discussion?
Wilburn: The final caveat to that, the fourth point, was that the roads will open
simultaneously.
Lehman: Right. Roll call. Motion carries 5-2, Kanner and Pfab voting no.
Dilkes: Did I not say- I don't have my normal little thing here. Champion?
Lehman: Still carries. Now Conhie voted yes too.
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ITEM NO. 6. PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA). [UNTIL
8 PM].
Lehman: If you would like to address the council please sign in, give your name and
address and limit your comments to 5 minutes or less.
Ross: My name is Brandon Ross and I live in Iowa City and I just wish to echo
those sentiments of Cotmcilman Kanner and Pfab that to change at this
point to have the road graded before 2002 is absolute breach of faith with
the Iowa City Citizens. I think also that a lot has been done wrong in this
case. I think that Mayor Lehman in the Gazette said that it is time to put
this to bed. That the citizens have spoken. Well, the citizens in Iowa City
many of whom still remember that three years ago the citizens had spoken
and because of Mayor Lehman this was put up for referendum ignoring
that the public had spoken. And so this is a very hot issue. Given this
long speech about how well Iowa City is doing, yes it is a great place to
live and it is known as being one of the best places to live in the country.
But I do believe that there are some problems here and we are going in a
bad direction. Capital Improvements- well, the Ped Mall renovation I
think there was a lot of money thrown around and a lot of money put in
the wrong place. Anybody who has walked in there and seen those kiosks
is familiar with the expression "big, ugly, waste of money". Those things
look like (can't hear). Do you realize that we spent about what- half a
million dollars to put those things around? That the public cannot use
those things? You cannot use the bulletin boards. They are all for
business. The telephones are not usable. If you were to get a newspaper
out of there you have to go knee level, which I appreciate- you know, it is
nice to take into consideration those who are vertically challenged. But
that is a little ridiculous. Putting in parking garages- some people in this
town call this city the city of parking garages lately. If you think that you
are going to increase business by bringing in more parking garages I think
you are reading the wrong books. I strongly disagree with that policy.
Capital Improvements in this town has come to be equated with the idea of
Capital Punishment. When is the next Capital Improvement going to
come here and what is it going to be like? There is a joke in Russia that
goes like this: Someone from the government comes around to the houses
and comes around to the first house and says, "you are going to be hanged
today at 5:00" and the person says "okay, sure". At the next house he
comes along and he says, "you are going to be hanged at 7:00, be there
prompt". The person says "7:00? Okay that is good". He goes to the next
house and he says "you are going to be hanged at 7:30" and the person
looks at the government official and says, "do I have to bring my own
rope?" And in this case I think that we are in a similar situation. Yeah,
the public is being given a bunch of things where we are spending a lot of
the public's money in areas, which are fruitless. And the public just nods
yes, should we bring our own rope and let us hang ourselves and let us
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have more Capital Improvements. I think you have to be more responsive
to the citizens (can't hear) community, the arts, public services. There are
things you could be spending money in which would be well spent-
pedestrian accessibility. I know of some people who live on College and
Governor. They have two children and they can't cross the street. This is
a very heavily- there is a heavy bicycle population here. There is a lot of
roads which should have bicycle path accessibility. Instead, the few
places where there is bicycle accessibility seems to have disappeared.
And one of those places is Market Street. There used to be a bike there
and it wasn't kept up. I think that the spending in this town should change
and should take into consideration more the community and the citizens
and less car and less developer interests. I think that is what we are known
for in Iowa City. This is a University town known for the arts, diversity,
community and those types of things. And that is what this town will
always be remembered for. Thank you for my time.
Lehman: Thank you. Other comments on items that are not on the agenda?
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ITEM NO. 7b. CONSIDER AN ORDINANCE CHANGING THE USE
DESIGNATION FROM INTERIM DEVELOPMENT MULTI-
FAMILY RESIDENTIAL (ID-RM) TO COMMUNITY
COMMERCIAL (CC-2) FOR APPROXIMATELY 2 ACRES OF
PROPERTY LOCATED WEST OF GILBERT STREET AND
SOUTH OF NAPOLEON LAME (REZ00-0021). (PASS AND
ADOPT).
O'Donnell: Move adoption.
Champion: Second.
Lehman: Moved by O'Donnell, seconded by Champion. Discussion? Roll call.
Pfab: I am still concerned why this is necessary at this time. I am told on one
hand that there is nothing planned there and I am told that there is no plan
to do anything. I don't know why we are doing this. So that is my
question.
Lehman: Other discussion? Roll call. Motion carries 6-1, Pfab voting no.
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ITEM NO. 7d. CONSIDER A RESOLUTION APPROVING THE
PRELIMINARY PLAT OF THE PENINSULA NEIGHBORHOOD,
AN 82.1 ACREA, 209-LOT SUBDIVISION WITH 15 OUTLOTS
LOCATED AT THE WEST END OF FOSTER ROAD. (SUB00-
0026).
Vanderhoef: Move adoption.
Pfab: Second.
Lehman: Moved by Vanderhoef, seconded by Pfab. Discussion? This is the one
(can't hear) the letter about.
Pitton: Good evening members of the Council. My name is Michael Pitton. I am
an attorney for Oaks Development Company. And we had submitted a
letteronbehalfofourclientregardingthisparticulardevelopment. We
realize this is an important development for the city. We have some
concerns over application of the secondary access guidelines from the city.
As we understand it, the plan that is up for approval at this time- the
preliminary plat- includes a neighborhood of coutaining up to 410
dwelling units. As we read the policy and have seen its application
through other developments, it seems that secondary access is typically
required for developments of one-tenth that size. And the concern here
lies over application of that policy in this particular instance and the fact
that the city is the owner here. There are certainly concerns and valid
concerns over safety issues regarding secondary access. The only access
that we understand is available to this rather large development is Foster
Road out there. In looking at some of these city' s prior information that
they have on file, which we included with copies for your reference, there
were some indications that second access should be made available.
Unfortunately that would only provide access between Laura Drive and
Foster Road before the city' s planned development out on the Peninsula.
But here in the instance for example where we have had wind storms in
the past if the trees are blown across Foster Road and there is no access
you will end up having 410 dwelling units of folks out there where
emergency vehicles can't get in and the residents can't get out. So safety
issues are a major concem. The other concern we have is how are these
guidelines to be adapted for future development? Is the lack of secondary
access in this preliminary plat something unique here alone? If so, how is
it consistent with the policy that has been used ever since it has been
adopted for several years? If this is a change in the policy what are
developers to understand the rules to be from this point forward? As we
understand it, there has been no development anywhere near this size that
has not had a secondary access. So, we are asking the council to give us
some indication not only for our client but for other interested developers
as to the application of the secondary access policy for development. First
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as to how it applies in this particular instance. Because it appears frankly
quite contrary to the guidelines that have been imposed. And secondly if
this is a change in policy what are the new rules that the developers are
supposed to follow? Those issues were also concerned with if the- if
Laura Drive is extended when will that occur relative to the development
of the Peninsula? And if this Peninsula development is completed what
effect will the lack of secondary access have on other intended
development in the area? Is the Council and Planning and Zoning at that
point going to say "we don't have secondary access, we've already got too
many units out there. No more development"? So those are the concerns
that we are here to raise and present before the Council in terms of what is
plarmed regarding this and the fact that there is no secondary access for
this major development. Thank you very much.
Lehman: Thank you. Karin I think we would like you to address those questions if
you would please.
Franklin: I think I have all the issues that Mr. Pitton is addressing. In '97 shortly
after the city acquired the Peninsula property and also in conjunction with
some inquiries we were having about development of the Am Property
and the Forest View Mobile Home Park, we looked at the development
potential on this larger area. And the Peninsula as I refer to it is not just
what the city owns but everything from Dubuque Street west- Interstate to
the river. And as you can see by the arial photo it is a unique area within
Iowa City in that it is a landform that we don't have in any other part of
town. That is that it is bound by the Interstate and the Iowa River. What
we did is we looked at this area to see what the development potential was
there given the fact that there was restricted access to this property. A
decision was made some years ago and I don't have the exact year but I
am guessing somewhere in the mid 80' s that we would not be building a
bridge across the Iowa River either to Coralville or to Crandic Park or
Rocky Shore Drive, which were the two possible places in which a bridge
would go. The reason being that that was a remarkable expensive
undertaking for the city and was not something that the councils at that
time wished to undertake. And it was taken out of any plans or
considerations that we had in terms of our policy documents for the city.
The Peninsula also is an area which has- particularly as you get to the Elks
Club- a rather difficult terrain in terms of providing any kind of secondary
access. Where would you provide a road? So we looked at it in terms of
where could you put a road? One of the possibilities that is referred to by
Mr. Pitton is the road that would go noah basically along Am Lane by the
apartments there- go north and then proceed east just south of Forest View
Mobile Home Park. What that would enable is development of the Am
property which is currently undeveloped, a possible redevelopment of the
manufactured housing park- not necessarily (changed tapes) access that
would be meaningful. And there aren't any. There aren't any without
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either putting something underneath the Interstate, which did not seem to
be feasible, or without going to (can't hear) that are along the river by the
Elks Club going down those rather steep hillsides there. So the
consequence of that was to look at what potential development would be
there and put a cap on it. And that cap was our lowest density which is
RS-5. And that cap applies to the Elks Club should it ever develop, to the
Washington Park properties land which is north of Foster Road and west
of Am Lane to the river, and to at that time- well, no- at that time it was
the city property and also Mr. Louis' s property which is just noah of the
city' s property and between the city' s property and Washington Park's
property along the river. So the other part of this analysis that we did was
to look at the construction of Foster Road because Foster Road was not in
there improved yet, as you all know. We went through that just recently.
And when Foster Road was designed it was designed to act as a collector
street but would have standards that were closer to our arterial standards.
Which means that we would limit the- we would limit driveway access to
no driveway access. One of the reasons we had a lot of conversation with
Bud Louis about his property. We would limit the number of street
intersections with Foster Road west of Am Lane. We would not be
planting trees along Foster Road west of there. And you have also on your
agenda the bids and specifications for the landscaping for Foster, which
just goes to the Elk's entry. The reason for that was to ensure that we had
passage within the right-of-way if we did need to go off road with
emergency vehicles. And that we wouldn't be having trees that would be
falling down into Foster Road. I don't believe that it is correct to say that
we ignored our secondary access policy. We are not eliminating our
secondary access policy. Secondary access is a very important issue to be
considered whenever you look at subdivisions. We will continue with
that. We will look at other properties as we have looked at this property if
they have the same characteristics. But I cannot say that there is another
landform within Iowa City that is the same as this one.
Lehman: Just a couple of questions. First, you are saying that that entire Peninsula
area will be allowed to develop at RS-5?
Franklin: From Arn Lane west. From Am Lane to the east where we have the new
road that will go to Laura and we have "no name" and Taft Speedway
there are other options. Obviously we have got some RS-8 development
there. There are some RM-12.
Lehman: But Washington Park and those areas will be allowed to develop at RS-5?
Franklin: Right.
Lehman: Okay.
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Franklin: And they are aware of that.
Lehman: And then are you- am I also heating you say that the reason for that is that
Foster Road was built to a higher standard to accommodate more cars than
ordinarily would have been (can't hear)?
Franklin: Right. There were a combination of factors that went into our thinking
with this. One was to hold the density down to the RS-5, which you can
do the density transfers. And Washington Park will do that also. And the
Elk' s Club if they ever develop their property will do that just as we did
on the Peninsula. So there was the density cap and there was the design of
Foster Road that I believe addressed the issues that Mr. Pitton is raising.
And that we would have treated it this way were it the city or anyone else.
Lehman: Any questions for Karin?
Wilbum: So those modifications to address the safety issues that ordinarily
secondary access would (can't hear)?
Franklin: That is correct. Right.
Wilburn: Given that you don't- that it is not the desire to try and do something
really might negatively impact the terrain and the- given the (can't hear).
Franklin: Right, and given what we have got there. And the cost of a bridge. I
mean, as I say, if the city property were private land we would be talking
about the same sorts of things. We are talking about the same
requirements for the Elk' s or Washington Park, which are privately
owned.
Lehman: Well, now-
Wilburn: There is also, given what has been asked of the developer in this area, a
longer process- would you say it is fair to say there is more, with all the
presentations and public presentations that the developer had to (can't
hear)-
Franklin: The planning that has gone into the city Peninsula neighborhood is by far
longer and more of a public process than typically goes into a subdivision.
Yes.
Wilbum: All right.
Lehman: Would it be fair to say that this is a very unique set of circumstances that
would- when I look at that total area and the potential even at RS-5, there
will be a large number of dwelling units using the same access off of
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Dubuque Street, 1-80, Foster Road. But it is the uniqueness of the area
that would allow this number of folks to use a single access?
Franklin: Yes, because of the landform.
Lehman: The fiscal constraints are such you just can't do anything different?
Franklin: Exactly.
Lehman: All right.
Vanderhoef: And this is the lowest residential zoning that we have.
Franklin: Yeah. And I think as I explained to Mr. Pitton too, it is not our desire to
preclude developers from developing their land. If we are going to get to
the point where because of a requirement of secondary access someone
cannot develop their land ever then we are probably in a position where
we would have to buy their land because we are saying that they can't
make any use of it. And that is always the position that we have taken. In
most cases where we have had discussions of secondary access with
developers it is a matter of timing.
Pfab: And would it be a term in layman's language to say- and I am asking this
as a question- that the way you develop the street where there is one way
in and one way out for a large number of people, that basically you build it
in a sense like an expressway? Limited access-
Franklin: I would say more like an arterial than an expressway.
Pfab: But I mean in the sense to-
Franklin: Limited access, right.
Pfab: -move traffic very quickly and very difficult to stop people from getting
through there?
Franklin: You limit the access and you try to make sure that there aren't barriers
within the right-of-way that are going to impede emergency vehicles if
they have to go off road.
Kanner: Karin, if this reaches a density in this area for public (can't hear)
transportation be appropriate? How does that affect not having a
secondary access road? How does the planning for public transportation
fit into that?
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Franklin: The most difficult part- and that conceivably could be addressed by the
design of the Washington Park property- would be that you have sufficient
circulation within the development and around the development. For
instance, on the Peninsula, the city' s property, if a bus were to go in there
it could go into the development and come around and come back out
again. Now, it is coming back out on Foster Road. Then to provide
service to the rest of the Peninsula depending upon what happens there, it
could go into Washington Park property, go over to the extension of Am
Lane over to Laura Drive, down to Foster. I don't know- we would have
to look at how the patterns were. But we have a bus now that goes up
Laura Drive and turns around and comes back Laura Drive.
Kanner: That is the one with the tough turn?
Franklin: I imagine it probably is a tough turn.
Kanner: It has to back up.
Franklin: Yeah. I don't know exactly what the route is. But it goes up there
because of the ridership. Anything else?
Lehman: Thanks Karin. Further discussion? Roll call. The motion has just carried.
Did someone else want to speak to this?
Pitton: I was just hoping to respond to a couple of things she had mentioned.
Lehman: Please. Yeah, go ahead.
Pitton: Thank you. Karin had mentioned that there was no bridge intended to be
built and the expense had prohibited it. But as I understand from the plans
that were on file there is perhaps not one but two pedestrian bridges which
are anticipated for this project. I don't know what the costs are but
converting two pedestrian bridges into one bridge that is capable of
carrying traffic at least is something that is a feasible alternative and may
be very important in a situation where that road might get obstructed- that
is Foster Road. I am also not aware of how in the world it can be assured
that Foster Road would not be obstructed under any circumstances and
that additional access would be available off road or what have you.
Especially given the difficult terrain out there for emergency vehicles. I
have seen nothing in any plans that indicate that that is a feasibility at all.
In terms of the traffic and the volume of traffic, we tried to find out about
traffic projections out there because over burdening the road is on of the
considerations in terms of the need for secondary access. And if you start
rnnning the numbers and talking about 400 more units- building units-
times the anticipated traffic volume generated from that alone and put that
onto Foster Road with the existing traffic with further development that is
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anticipated- and you put all of those vehicles out on Dubuque. The fact
that there has been no traffic volume or studies- no counts done and no
projections done makes it very difficult to say that this is feasible in any
respect or realistic. In terms of nothing else can be done- one of the things
that can be done is to reduce the number of units perhaps. But something
to clarify how this development ten times larger than other developments
around town that require secondary access should be exempted in some
respects. And how realistically access can be provided in the event of an
obstruction of Foster Road for any reason. So we do have some concerns
that some of those issues have not been met. That this should be the
subject of further study. That this is not the time to exclude the
requirement for secondary access. And the safety of the citizens and the
residents should be considered.
Kanner: I just had a question. Your client Oaks Development Company, do they
have property in this area?
Pitton: They do have property interests.
Kanner: What is the property interest?
Pitton: Out in- off of Foster Road the principle has an interest in some of the land
just to the east of the Elk' s Club.
Kanner: Thank you.
Lehman: Let me just say a couple of things. First of all, you do realize that the
intersection of Foster Road and Dubuque- which is a little problem is now
going to be a huge problem- that is in our Capital Improvements program
although in the unfunded years but that will be a signalized intersection
that will accommodate a substantially higher number of cars? I do think
though- and you mentioned and I will just briefly- the possible footbridges
that may or may not occur also involve I think a lot ofwetland. And a
footbridge is a lot easier to build that it is to deal with the government
when it comes to wetlands. So I think another vehicular bridge to that
Peninsula is a pretty remote possibility. We could do a footbridge
probably. But I think an automobile bridge is going to be a pretty tough
thing to do. I don't see that as being a secondary access.
Pitton: I am not familiar with the engineering requirements on that. But seeing
those bridges spanning the river for pedestrian use it certainly gives one
room for thought about secondary access.
Kanner: We are definitely doing one. It is going to be on the dam.
Champion: Right.
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Kanner: We are going to be redoing the dam.
Lehman: For pedestrians. Right.
Kanner: For pedestrians.
Champion: So we are not really starting from scratch then. We have to redo the dam
because we need it. And so (can't hear) makes pedestrian access across
the top of that dam.
Lehman: Well, thank you.
Pitton: Thank you very much.
Karr: Motion to accept correspondence?
Vanderhoef: So moved.
Kanner: Second.
Lehman: Moved by Vanderhoef, seconded by Kanner. All in favor? Opposed?
Motion carries.
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ITEM NO. 7e. CONSIDER AN ORDINANCE AMENDING SECTION 14-6J-1
THE OFF-STREET PARKING REQUIREMENTS, TO REQUIRE
ONLY ONE OFF-STREET PARKING SPACE FOR SMALL ONE-
BEDROOM SINGLE-FAMILY, TOWNHOUSE, AND DUPLEX
DWELLINGS. (PASS AND ADOPT).
Vanderhoef: Move to adopt.
O'Donnell: Second.
Lehman: Moved by Vanderhoef, seconded by O'Donnell. Discussion?
Pfab: I believe this is a great way to help make single family or housing for
single people affordable. I think it is something that is long overdue. And
I support it 100%.
Lehman: Other discussion? Roll call. Motion carries.
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ITEM NO. 7g. CONSIDER A LETTER TO THE JOHNSON COUNTY BOARD
OF SUPERVISORS INDICATING THAT THE CITY HAS NO
OBJECTION TO THE REQUEST SUBMITTED BY JEBB LC TO
REZONE APPROXIMATELY 1.76 ACRES LOCATED EAST OF
DANE ROAD AND WEST OF LAKE RIDGE MOBILE HOME
PARK FROM COUNTY A1, RURAL, AND COUNTY RS,
SUBURBAN RESIDENTIAL, TO COUNTY RMH,
MANUFACTURED HOUSING RESIDENTIAL.
Champion: Move.
O'Donnell: Second.
Lehman: Moved by Champion, seconded by O'Donnell.
Pfab: I believe that this is just cleaning up some-
Lehman: Loose ends.
Pfab: -minor little pieces of ground and to get the place in order. I support it.
Lehman: All in favor of sending the letter say "aye". Opposed? Motion carries.
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ITEM NO. 8. A PUBLIC HEARING TO DISCUSS THE PROPOSED
OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2001,
THROUGH JUNE 30, 2002, THE PROPOSED THREE-YEAR
FINANCIAL PLAN, AND ALSO THE MULTI-YEAR CAPITAL
IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2005.
Lehman: Before we open the public hearing, Steve, would you give us just a brief
intro to the budget? And then the hearing will be open. Just a moment-
Mr. Atkins is going to explain a little bit about the budget first.
Atkins: As Council is aware, the process of the budget development and
preparation begins sometime in late September and early October.
Departments assemble their budget proposals and recommendations.
These recommendations are prepared by the department directors and are
their perceptions of the needs as well as, we would like to believe, a
reflection of the community commitments such as the library where the
community has spoken to a particular issue. A budget proposal, as the one
you have in front of you, is an estimate of expenses and revenues. It is
submitted to the council in December. You have January and part of
February for review. And to date you have spent about 17 plus hours
collectively reviewing the budget. Each of you knows the amount of
personal time involved and participation of those collective meetings.
Your review is substantially driven by state law. As you know, the state
sets the tax cap with respect to our rates. The state also governs taxable
value of property. The state requires the notice of a hearing. The
submittal form (can't hear) all of which must be in the hands of the state
no later than March the 15th. I would note as we have had experience in
the past, you adopt the budget while the legislature is still in session. And
we have experienced law changes after the submittal of our budget. As a
city we do something a little bit different than most other communities in
that we put together a three-year operating budget plan as well as a five-
year Capital plan. State law, however, only allows you to appropriate
money one year at a time. In the budget document- I won't go through
each and every one of them- there is a section on highlights. Those are
that we identify what we would like to believe a major change is. Your
Capital budget involves about 150 projects. The Mayor's message
identified many of those Capital projects. A couple others being the
library and the new fire station are the very obvious ones. We also have in
planning two new parks- Millar Orchard Park and Hunter's Run is under
way. The water plant is scheduled to open the summer of '02. We have
replacement for 6 buses in our transit system. As you know, a bus is about
a $300,000 investment. So they need long term planning to be able to
finance those. In our operating budget the two most- the largest decisions
I believe- the consequence is the fact that we will be hiring 3 new
personnel for the library and we have 9 new fire fighters to staff our new
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station scheduled for '03. The budget as proposed to you has been
balanced in accordance with the state law.
Lehman: Thank you.
Brown: My name is Angela Brown and for the past three weeks I have been doing
a petition about keeping the downtown shuttle rtmning during the summer.
And I have collected 258 signatures so far.
Kanner: Could you read what the petition says if it is not too long?
Brown: Yeah. As many of you already know, the city staff wants to eliminate the
free downtown shuttle for the summer of 2001. This bus travels around
the downtown Iowa City area. During the fall, winter and spring about
1400 ride every day. In the summer that number drops to about 400
people a day. Yet this is still more than any other Iowa City transit bus.
Please, if you think this bus should stay in operation during the summer
sign this form. If you are not going to be riding during the summer please
still sign this petition for those around you that will be riding. Thank you
so much.
Kanner: Thanks.
Wilbum: Give it to the City Clerk so we can accept this correspondence.
Zimmerman: I am Rick Zimmerman. I am a local attorney and citizen. Here I am
wearing several hats tonight. And I have a question before we discuss
this. It may be a moot point but I wanted to know from Mr. Atkins if we
are doing a matching- local match- to the federal and state funds that have
come from the Edward Bum Memorial state and local law enforcement
assistance program as we have in the last couple of years?
Atkins: Rick, I don't know it- Edward Bum, is that the cops grant from the federal
goverrkment?
Zinunerman: Yes it is. It is the Johnson County Multi-Agency Drug Task Force money.
Atkins: Yes. Federal agencies have matching money.
Zimmerman: Last year's match included approximately $80,000 of tax monies. Is that
correct?
Atkins: I couldn't tell you sir.
Zimmerman: Do you know what this year's match is?
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Atkins: No, I don't.
Zimmerman: The reason we are here- that I am here and several of us are here tonight-
one, I represent the Hawkeye chapter of the Iowa Civil Liberties Union
and the state- Iowa Civil Liberties Union- in discussing at least some of
the things that are funded under that grant which we would like to see
come out of the budget. And we would like to see the city have the guts to
give up the possibility of getting federal funds to bring in new police
officers and more pro-active and aggressive enforcement, which we
believe is the enemy of privacy_ the privacy of the citizens, students, and
visitors to this city. In the last- and I am going to go through the last grant
with the assumption that the new grant has some of the same elements in
it. This grant provides for quotas by our police department in making a
certain amount of arrests in referring a certain amount of cases annually to
the feds for drug prosecutions, for conducting "knock and talks" with local
citizens and students or in the alternative garbage searches on the mere
basis of a neighbor's complaint. We think that these kinds of aggressive
activity on the part of the police department- and we are not talking about
dealing with the drug problem here, we are talking about dealing with our
local problems and dealing with constitutional guarantees that the people
in this state and in this city have based on the state and federal
constitutions to their right to privacy. Frankly, I have been a subject of a
"knock and talk". I have had police come to my door to talk to me about
my driving conduct. I have explained it, I believe, satisfactorily. Without
doing anything they stood on my front porch and they stood on a warm
summer night at 8:00 in the evening and they stood and they stood there
waiting for something to happen. Waiting for the marijuana that was
obviously being smoked in the house to war out from under the door.
Waiting for some illegal act. As a lawyer in this town who handles a
number of criminal cases, I see the aggressive acts of police. Getting
doors opened so they can look in and say, "oh, that looks like something
that may be illegal. That looks like something which may pertain to
something that is illegal. That gives us a right to either go in and arrest, to
go in and search, or to ask questions to get ourselves in the door." Very
often in the student dorms this goes on by the way with campus cops to
find as much as 3 seeds and a stem and have a young man thrown out of
the dorms and have people's lives changed and great expenses both for the
jail- both for the county officers, the courthouse, and for attorneys. We
are asking you to give up the possibility of a federal grant, which in the
fiscal year 2000 was $66,586 matched by $79,326 in local taxpayer
monies, because we believe that those kinds of funds erode the quality of
life in this town. And we don't want to see a more proactive, more
aggressive, more intrusive police department here violating people's
rights. These can be you, these can be other law abiding citizens, your
kids, whatever. We don't want don't want to see this expanded. Enough
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is enough. This is one grant we would like you to dump out and one part
of your budget that we would like to see excised. Thank you.
Kanner: Rick?
Zimmerman: Yes?
Kanner: Has the local, state or federal ACLU taken a specific stance on these kinds
of programs?
Zimmerman: Well, I mean, our stance- I mean, basically the first amendment and the
right to privacy is our major goal.
Karmer: But have you addressed this- have they addressed this specifically?
Zimmerman: We have addressed it this week. We passed around copies of the
application and we have talked to the state and they say this is something
that they would oppose. I am a co-chairman of the Hawkeye Chapter of
the ICLU and have authority of my chapter to also oppose this part of the
budget. Any other questions?
Champion: Rick, does it say in that grant that there are quotas that are demanded from
this?
Zimmerman: We've got some copies and the language is fairly clear. The language is
fairly clear. Under the grant proposal it says, "will conduct 45 knock and
talks or garbage searches to-
Pfab: Rick, where are you reading from?
Zimmerman: I am reading on page 18 (can't hear) about the 3rd or 4th page in.
Pfab: Okay, thank you.
Zimmerman: "-in response to citizen complaints or suspected illicit drug activity."
Well, a search takes more than any of that and an unhappy neighbor can
turn anybody against his or her neighbor. Drugs can be dropped in
people's garbage cans. These kinds ofthings don't make sense. It says,
"we will reduce the rewards of engagement in the drug activity by
referring forfeiture proceeds derived from ten narcotics distribution
cases." So they know they are going to have ten narcotics distribution
cases in which forfeiture is going to take place. Well, forfeiture is the
taking of property. It can be a house. It could be a rental house. It can be
an owned house. It can be a car. It can be a truck. It can be any property
that has anything to do with some illegal activity. It doesn't have to be the
person who is doing the illegal activity vehicle or house. It can be owned
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by somebody else and be subject to forfeiture and cost a hell of a lot of
money to try to get back. It is those kinds of quotas that attack not just the
kids on the street but attack every citizen and potentially erode the rights
of every citizen in this city.
Kanner: Steve or R J, how long have we been getting this grant?
Winkelhake: Probably about 9 or 10 years.
Atkins: 9 or 10 years.
Lehman: RJ, can you speak in the mic?
O'Donnell: Steve just answered it.
Zimmerman: This just came to our attention and that is why we are here tonight.
Actually, this week I think.
Winkelhake: We have been getting these grants about 9 or 10 years.
Kanner: And have you met the objectives that you outlined here in each of the
years?
Winkelhake: Some years, yes. Some years, no.
Pfab: What happens if you don't meet the objectives? Will they be renewed or
not renewed?
Winkelhake: If you don't meet them? It is possible that you won't be renewed.
Pfab: Would you say that there are times that you have not met them and they
still were renewed however?
Winkelhake: So far it has been, yes. This grant they started putting- we had to put
numbers in there before. Before, we didn't always have that. And this is
what you might expect to do based on past experience. These are the kind
of cases you will find. Mr. Zimmerman is well aware that garbage on the
street is not a violation of anybody's fight. Knock and talk comes from
people, just as he said, who will make a complaint about a neighbor or
drug dealing somewhere. The officers in tum will do some surveillance
and if they don't see anything they may well go knock on the door and tell
somebody why they are them. What you have is a grant that is probably
duplicated across the United States, not just here in Iowa City.
Pfab: I have a question. I was at a hearing and I was kind of worried when I
watched what was going on. Are you saying they can knock on the door
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and say, you know- but, do they do that? Can they say, "hello neighbor,
someone has told us that you may have drug paraphernalia. Is that true?"
Is that what they do.
Winkelhake: I can't tell you every time what the conversation is each time. But it is
because of particular complaints about a particular house or a
neighborhood. And what the course of that conversation is I don't know.
Pfab: If- those officers eventually report directly to you, is that correct?
Winkelhake: All the police department (can't hear).
Pfab: I mere:, they don't have allegiance to drug enforcement or something else?
They go- the chain of command is directly through you?
Winkelhake: This particular grant is a grant that goes to the Johnson County Task
Force. Iowa City is the group that writes the grant for that task force. The
members of the task force are Iowa City, Johnson County, the University
Public Safety, and Iowa County. And there is a liaison with what is called
Crime Net from Cedar Rapids. The Linn County Sheriffs department, the
Cedar Rapids police department, Marion police department and also with
the northem district of Iowa with federal jurisdiction, the southem district,
DEA and state narcotics as well.
Lehman: R j_ I am sorry go ahead.
Pfab: Go ahead.
Lehman: This application says the local match is $79,326. That local includes who?
Winkelhake: It include the Johnson County Sheriffs department, the Coralville police
department, Iowa City and-
Lehman: This is a countywide local match?
Winkelhake: Yeah.
Lehman: This isn't Iowa City alone with a $79,326 match on this?
Winkelhake: No.
Lehman: This is a total countywide effort?
Winkelhake: That also can include automobile use of a vehicle, office space and so on.
I would have to look at that to tell you precisely what is in there. It is not
just Iowa City, no.
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Lehman: All right. Thank you.
Wilburn: Chief, would you say it is probably been since the early '90's that the feds
have wanted specific measurable objectives as opposed to a broad
objective?
Winkelhake: Before we used to write a grant and it was in more general terms. And I
can't tell you exactly but it was two or three years- just a couple of years
ago- they started saying we want to be able to have you tell us this is what
you are going to do and then we want to see whether and how close you
get to that. I can't tell you a year when we started doing that.
Wilburn: Okay.
Pfab: I am going to ask how often the question is asked- a little earlier- because
I am confused here. The officers that are- is it the SCAT team, is that kind
of the term that is used?
Winkelhake: No. It is the Johnson County Task Force. Narcotics Task Force. That is
what this grant is for.
Pfab: Okay, so who- can you tell me the chain of command from that officer and
where do you as a Police Chief fit in?
Winkelhake: The officers work for a grant director- director for the grant of the task
force. And that is a lieutenant from the Iowa City police department. He
is director of this task force. The directors for the task force are the
Sheriff and Police Chiefs of the community- of the agencies involved in it.
In this case it would be the Sheriff for Johnson County, the Sheriff of Iowa
County, the director of Public Safety from the University Public Safety,
Chief of Coralville, and myself.
Pfab: So the chain of command goes through this grant director? Is that who
you said is a lieutenant here in the police department? And where does the
chain of command go up from there?
Winkelhake: It goes to the Board of Directors for the grant.
Pfab: And who is- may I ask who is on that board?
Winkelhake: Yes, it is the Sheriff of Johnson County, the Sheriff of Iowa County-
Pfab: The people that you named.
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Winkelhake: -the director of the Department of Public Safety for the University, Chief
of Coralville and myself.
Pfab: So the person- the lieutenant is the executive that runs Wyss.
Winkelhake: He is the director of the task force. Yes.
Pfab: All right. I just didn't know and I appreciate that information.
Lehman: Thanks RJ.
Kanner: R j, I would like to get a copy of the report from the last couple of years on
how you have met the objectives, if we can get that.
Winkelhake: How many years do you want?
Kanner: Just at least the last two. And what our local share is of the $70,000 plus-
in kind or cash. Where it is in the budget.
Winkelhake: The match that we put in?
Kanner: Yeah, for the local.
Winkelhake: It would be in our budget as either salary or benefits. It is already in there.
This is a grant that we don't know whether we are going to get until
sometime in June. So we plan for the positions already in our budget for
our part of the grant. That is one officer.
Kanner: So we are budgeting for this task force approximately $50,000 in salary
and benefits?
Winkelhake: Which is going to be off-set by whatever the amount is that you get from
the grant.
Kanner: And we will get- if this comes through we will get maybe 90% of that
back?
Winkelhake: I don't know the percentages.
Kanner: That is what I am trying to find out- what it is.
Winkelhake: I don't know that right now.
Kanner: Well, for past years maybe.
Winkelhake: We will have to look.
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Kanner: Yeah, I would appreciate that.
Pfab: I guess I would ask you one other question ifI might. Can you just in
general terms tell me the pros and cons of this grant as far as you as a
Police Chief how you look at that. If you are comfortable discussing this
now.9
Winkelhake: The pros are that it gives us money to be able to do the work that you
would do- if you didn't have the grant it would be coming out of General
Funds. It also helps work with other departments in sharing information.
And that is the main thing I see getting the money back, because this is
money that we as taxpayers have already sent away and now we are
getting some of it back for work that you are going to end up doing
anyway.
Pfab: That is the pro. What is the negative side ifI might ask?
Winkelhake: The negative side is that you have to work with other departments and
make sure that you have a working relationship with them, which
sometimes is more difficult because they may not have the same issues
that you are dealing with. Drug problems are a lot different in the city,
particularly in Iowa City because it is a University community, than it is
perhaps is in rural Johnson County.
Pfab: I appreciate your coming and speaking to that. Is there (can't hear) I don't
know what that means.
Cox: My name is Jeff Cox. I will stay strictly within the 50 minutes that is
allocated. Isn't that the limit- 50? Oh, it is five.
Champion: 50 seconds Mr. Cox.
Kanner: (Can't hear).
Cox: Right. I, too, am here to object to the budgeting for this grant but I would
like to point out a number of things about the grant that you might want to
take a look at. One of the things that is made clear about the policies of
the Iowa City police department in this grant is the statement "the drug of
choice in our area appears to be marijuana'. That is garbage searches,
knock and talk, arrest quotas, quotas for handing people over to the federal
government are primarily directed against marijuana use. Now, as I am
sure you know, marijuana unlike alcohol, tobacco and some serious illegal
drugs has never been shown to be an addictive substance by any study that
has ever been done. It may well be harmful and it is certainly illegal. We
can't ask police officers to ignore the problem. But what we have with
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this grant and also with the policies of the police department, whose only
downside apparently is the need to cooperate with other people, is a drug
policy that is directed against marijuana users. That is what we have here.
A drug policy in which some of the tactics include a quota- conduct 45
knock and talks or garbage searches. Now I am sure Mr. Winkelhake is
right that these are legal but they skirt the edge of legality. The purpose of
knock and talk is to circumvent the forth amendment protections against
search and seizure. So are garbage searches, legal though they may be.
And I believe that we need to take another look at this policy. There is
also the question of forfeiture. There is great emphasis in this policy of
using police department funds to streamline the forfeiture policy. A lot of
people don't realize that a person can be charged with a crime and have
their property seized and used for the operations of the police department
long before they are ever convicted of a crime. Some prosecutors,
especially federal prosecutors, brag that even when people are acquitted
they never get their property back because of the difficulty of the
procedures and the embarrassment of the procedures. The (can't hear) of
civil liberties the state of Utah has just passed a law making it against the
law to use forfeiture at all pre-conviction any where in the state. And I
don't believe the City of Iowa City should be funding forfeiture
procedures. I think this is offensive to the people of this community.
Legal though it may be, it is a violation ofpeople's rights. Finally, there is
the question of quotas for turning people over to the federal government.
Presumably for crimes involving the drug of choice in our area which
appears to be marijuana. Perhaps you are aware or perhaps you are not of
the severity of the federal penalties involved in drug trafficking. A person
in federal court for distributing marijuana recently received a sentence of
34 years without possibility of parole. For a marijuana violation. People
routinely get 6 and 8 year sentences for marijuana trafficking in the federal
courts without possibility of parole, which is not true at the state level. So
we not only have arrest quotas but we have quotas for garbage searches,
we have quotas for knock and talks, we have stream line forfeiture
procedures, and we have quotas for handing people over to the federal
government. I believe that you should send- at the very least, send this
budget back to the City Manager and ask him to take any matching funds
for this grant out as the beginning of establishing some control over this.
These policies do not have the support of the people of this community.
And if you don't believe me, put it on the ballot. Shall the Iowa City
Police Department be funded for knock and talk, garbage searches, federal
arrest quotas, and streamlined forfeiture procedures? I don't believe you
would get 20% of the vote. So I am here to appeal to you to send this
budget back to the City Manager and ask him to make these changes.
Thank you.
Dieterie: I am Caroline Dieterle and I am also here to talk to you about the city
police budget and about the grant that the two previous gentlemen have
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discussed with you already. The SCAT team should be discontinued. The
community does not support it. I have already given you the copies of the
pages from the grant proposal that was submitted successfully to fund this
effort locally. If they don't get the grant renewed our own funds will go to
make up the difference as Chief Winkelhake just noted. I think that the
goals and objectives are very chilling when you read those. It sounds to
me also like a set of quotas to be made- to be met. And the need to refer 6
cases to the federal level possibly explains the DEA assisted raid on the
unfortunate Hemp Cat store in the Hall Mall. As a letter in today's Daily
lowan asks, whatever happened to the land of the free and the home of the
brave? Did any of you read (can't hear) of this grant proposal before
now? Any of you?
Kanner: No.
Dieterie: Are you as Council Members fully aware of the activities of your police
department? Apparently not. Do you think it is a worthwhile use of city
money to pay police to rmnmage through people' s garbage looking for
seeds and stems and residues of marijuana? Do you think that hunting for
marijuana users makes the city a better and safer place? If so, that attitude
is uninformed and actually will earn for you the disgust and dislike of
thousands of otherwise completely law abiding tax paying, family value
oriented citizens in both town and (can't hear) circle. To say nothing of
causing further misery and endangerment to those who are ill and would
like to use marijuana for medical reasons. This town has a tertiary care
center in it with a lot of sick people that come to town. I challenge each of
you to ask a few people chosen at random- Iowa Citians who are strangers
rather than everyday acquaintances of yours whether they would rather
have $146,900 of city money going into funding this effort or to Human
Services. That is the sum of the federal and the local match. And as Chief
Winkelhake pointed out, it is our tax money whether it comes in, goes out,
how it is laundered- it is still public money being spent in this manner.
And since as Professor Cox noted, marijuana is by far the drug of choice
in this college community, the local war against drugs is really a war on
marijuana and is a waste of a great deal (changed tapes) it is time to
remember the fourth amendment to the constitution of which I just gave
you copies in time for local authorities to abide by the spirit of it
regardless of what kinds of knots the Supreme Court ties itself into to
legitimize violations of it by law enforcement in recent years. "The fight
of the people to be secure in their persons, houses, papers and effects
against unreasonable searches and seizures shall not be violated". Do you
think the founding fathers would approve of this effort locally that goes
into these searches? The ninja suited knock and talkers? The trash
sifters? The plain clothes individuals lurking downtown wearing wires? I
don't think so. It is no wonder that people voted no on the jail bond
referendum. It was their only way to protest what is happening with law
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enfomement in this town. In sworn testimony in a court case recently a
task force officer said that an anonymous tip would result in a knock and
talk at anyone's house, even that of the judge. So I suppose council
members would be included as well. Unless the officer was lying under
oath, which I am told happens. I have been told that in this knock and talk
thing these people come to the door, tell the person inside that there is a
serious problem in the neighborhood that they would like to get in and talk
about and then if the person is gullible and let's the person in- the two
policeman in- then that person almost certainly will be held on some other
charge. I personally believe the war on drugs is a futile thing and it is as
futile as prohibition was and at least as bad in terms of creating crime
where it did not exist before. It is time to stop looking for trouble and
instead to start paying more attention to the needs of the Iowa City and UI
community. So please reduce the budget of the police department,
discontinue this task force effort and use that funding for the Human
Service agencies, the Animal Shelter, the Park and Recreation services,
the community events and organizations, and enable the Iowa City Public
Library to transfer some of its temporary employees that have worked
there for years and years to permanent status with benefits. Transfer more
money to commtmity programs that are likely to reduce and prevent future
problems in crime by keeping underprivileged, troubled, and latchkey
children out of trouble. For example, a family resource center, the UAY,
the neighborhood centers, and the Big Brothers and Big Sisters. That
would be a far better investment than the squad cars, radios, and these
sorts of surveillance devices that money is being spent for now, especially
the wires. Today's Daily Iowan quotes the City Manager as follows, "The
council has spent 17 hours of deliberations and has gone through all of this
with a fine tooth comb. I don't expect many changes". I would like each
Council Member to tell me now why the Iowa City Police Department
budget has not been presented to you by the City Manager and discussed
by the council in a public meeting. Remember, it is 20% plus of the
General Fund budget and includes $325,600 in Capital expenditures. That
is for radios, cars, and other devices. So, tell me, why haven't you talked
about it?
Lehman: (Can't hear). Thank you Caroline.
Kanner: Before you go, Steve, does the SCAT team use the same tactics and
objectives that the task force uses?
Atkins: The SCAT team and the task force are two different organizations.
Kauner: Right. And do they use similar tactics and objectives?
Atkins: Steven, I don't know how to answer that question without going through
arrest records and- I just don't know how to answer that question.
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Dieterie: Well, the SCAT team is what everyone around town identifies with knock
and talk I believe.
Karmer: Just to let you know-
Dieterie: Recently someone told me that they were working in a restaurant and they
looked out the back window and they saw a man rummaging through a
dumpster that was in the alley. And in feeling sorry for the person
thinking it was someone who was hungry the restaurant worker since it
was after hours and they were cleaning up went outside with a plate of
food. And the person who jumped out apparently was one of the members
of this team.
Champion: But that is really just hearsay.
Dieterie: (Can't hear) hearsay, a family member told me. Here is a copy of my
letter.
Kanner: Caroline, there have been some proposals to- there has been a proposal to
cut back on the police budget. We have since 1996 hired 14 police
officers with federal grant money that subsidized part of their salaries.
And their salaries are going down to zero after- for everybody- after the
next fiscal year. And my feeling was that through attrition we can save
money that way and keep the same level of safety in the community. The
majority of the council preferred not to go in that direction.
Dieterie: Well I would hope that they would reconsider your proposal because I
think it is a very sensible one.
Carol de Prosse: My name is Carol de Prosse. I am Lone Tree. I have an interest in
property in Iowa City and someday I will move back to Iowa City. I, too,
would like to address this issue briefly because I guess most of what I was
going to say has already been said. I would ask the Council to consider
whether or not this is what you want your police force to be doing. The
police fome does lots of valuable work. I believe in a police force. I think
a community needs one. But I think it is not unfair for citizens to be
coming before you and asking whether or not some of the things that have
talked about are the things that you as individuals want your police force
to be doing. When we first started off opposing the new jail I went and
had a conversation with Sheriff Carpenter that lasted about 2 ½ hours.
And at the conclusion of that conversation I said to him, "The jail that you
dream about is not the jail that I dream about but that your proposal is
going to suffer drastically because of the actions of the Iowa City police
department". That was months ago I told him that. I still believe that. I
hear Chief Winkelhake say tonight that the grant is funding things that the
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Iowa City police department will be doing anyway, as a justification for
taking federal money. You the city council can decide whether or not you
want your police department doing these kinds of things. And if you don't
want your police department doing these kinds of things then you don't
need to accept this grant money and you can tell your police department
that in the absence of this grant money they are not to fill in with taxpayer
dollars to do these kinds of things. I would like to talk to you about a
couple of cases. My son is an attorney in town and he represents many of
the people that come under the hands of the drag task force. I would have
to say that because of that I talked to other defense attorneys in town and it
is not my impression that people in Johnson County feel as strongly about
the Sheriff s Department, the Police Department of Coralville, the very
small now department of North Liberty as the residents of Iowa City and
the residents of the county feel about the Iowa City police department.
This is not a joke, I mean, in my opinion. I have been down here before
talking about various things. I am pleading with you seriously. This is not
a joke what is happening around here. This is a college community. This
is people that are in an intellectual environment. These are people who
don't believe that what they are doing is wrong and they are not going to
stop doing it. And the question is how aggressive are the police going to
be in rooting out behaviors that don't hurt other people. I would like to
talk to you just briefly about two cases. One of them my son happens to
be handling. I won't mention any names but a man and a woman have
been the result of a garbage search because of an anonymous tip by a
neighbor. I basically probably- you know, according to the law these
people are in possession of an illegal drug marijuana and they probably
will be found guilty. But, you know, the question is like how serious an
offense is this? This is a man and a woman who have been married for
umpteen years and they sit around in their own home and they smoke a
joint from time to time. And, you know, is this what we want our police
force to be doing? Acting on anonymous tips to go and do this? This is
not creating goodwill in the community. That is the thing, this is causing
the community- at least a segment of it- to have a great deal of disrespect
for the police department. I don't think this is healthy for a community.
And the other is this raid on the Hemp Cat. This is extremely serious in
my mind. When a friend of mine called me up in the morning and said
that this had happened I felt terrible about this. Now, I don't know ira
single one of you up there has been in the Hemp Cat in the Hall Mall but it
is a little place of business and in the very back room of this business they
sell marijuana smoking equipment by and large I would say. They sell
bongs and one hitters and rolling papers and that kind of stuff. In all the
rest of the store they sell a myriad of products. And the gentleman who
owns the store- please go talk to him and tell me- I know there are always
two sides to a story but go talk to the man who owns the Hemp Cat, tell
him who you are and tell him you have heard about this raid and you
would just like to know how he feels about it. About sometime not too
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long ago the state legislature passed a law that may supposedly the selling
of paraphernalia illegal. Again, it is a question of whether or not you want
the police department participating in a type of raid that between the DEA
out of Des Moines, police officers from the city of Des Moines, and our
own Iowa City police department engage in this. We had 40 people
involved in this raid. We had 30 of them stomping through the Hemp Cat
and we had ten of them going through this man's private residence where
he lives with his wife. The same thing happened in Des Moines about 7 or
8 months ago shortly after this law was passed by the state legislature. It
is a simple misdemeanor to sell paraphernalia and yet they have not
charged a single- made a single charge against this place in Des Moines.
Now, how long is this man going to sit at the hands of this raid that took
place on his place of business in downtown Iowa City? How has he hurt
people by what he has done, what he has sold? Has there been any trace
to him that he has hurt people? Or is this a lifestyle- unfortunately
whether, you know, we like it or whether we engaged in it ourselves at one
time and no longer do or that we consider it appropriate or not appropriate.
This is just- it is, you know, not helping the image of Iowa City as a place
where there is a certain amount of freedom in terms of what you can do as
long as you are not hurting other people with your lifestyle. I would really
ask you to consider this because this issue is not going to go away and it is
just going to come back- I have said at one time about three or four times
ago when I was here that I know this is a hard issue to discuss and
confront. It is like trying to talk about the DARE grant. It is not that easy
to do that because we don't want our kids using drugs, we don't want
people going astray, we don't want people to feel like we are condoning
bad actions that are illegal etc. So I recognize how hard it is to confront it
as an issue and talk about it. But it has got to be done because what is
happening is that the police department is getting an image that is not
going to benefit anything that you are trying to do. Whether you are
trying to do it downtown. Whether you are trying to mediate between
students and their personal behavior or whether you are actually trying to
make the residents of the community in general feel comfortable in the
town that they live in. Nobody wants to think that their garbage can be
searched because I don't like my neighbor and I call up and I say anyone
of you is doing something and I think you had better go check because I
think they could be putting something in their garbage. Now, Chief
Winkelhake says that they assess everything. I happened to be sitting in
court the day that Doug Hart was on the stand under oath and said that
they investigate any and all anonymous tips that come in to the police
department. I really ask you whether that is what you want your police
department to be doing.
Kanner: Who is Doug Hart?
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Carol de Prosse: He is the head of the drug task force that has recently been promoted to
a lieutenant on the Iowa City Police Department.
Lehman: We are going to take one more and then we are going to take a break.
Williams: Hi Council. My name is Carl Williams. And I guess I am going to be the
opposite of everything you just heard. First of all, there seems to be a
misconception that those who distribute marijuana are any better than
anybody else that distributes meth or anything else. I have a son who is
sitting behind me and all I have heard tonight is how Iowa City should be
an exception to the rule and be able use illegal drugs and it is okay. And I
am supposed to be able to turn to him and say, "well I guess that is okay
for the adults in this community so I guess it must be okay for you". I also
disagree with some of the policies in that I regard my house and my high
school and my junior high as all one thing- my home. It seems as though
in this community it is okay for people to go into our homes- whether it be
your home, your high school, your church or whatever- and distribute
these drugs and it is okay because it is Iowa City, a liberal town. Well I
was born here in 1948 and I have seen some of the things that have been
going on in high schools and it is crap. And it is up to all of you to
determine what is right and what is wrong. But it is also up to the Chief
here to decide what is the law and how he has to go about doing that. He
is not going to take funds and automatically go out and break the law. He
is going to follow the law and procedures. He has already said to you that
he does not necessarily always go by every quota that is thrown at him.
Now, I suppose the agency could come back and pull that money. Fine if
they did that. But I think what he is saying to you is that he does what he
feels he to do under the law to do his job. And if there are people here in
this room that think that we can all sit around and smoke pot and take
crack cocaine and all of the other bullshit that goes on- excuse my
language- but it is wrong. And as citizens of this community- the ones
that are quiet I hope see this program tonight and see what is actually
being said here tonight because what has to happen is the citizens of Iowa
City- the real citizens of Iowa City, the ones that were born and raised
here and who pay the taxes to make this city work- need to stand up and
say to the other people we are not going to allow this town to be an
exception to the rules. We are not going to allow this community just
because it is affiliated with the University of Iowa to be able to break any
law that they decide they want to do. Now, there is somebody chuckling
back here that has been chuckling throughout the whole meeting every
time you have all been talking. So I hope he at least has respect when I
am up here talking that he doesn't do that anymore. And I thank you
council for listening to me.
Lehman: Thank you. We shall resume at 9:00.
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(Break)
Waiters: I looked for a sticky thing but you are apparently out of them.
Lehman: Oh, could be.
Walters: Jim Walters. I live at 1033 E. Washington. I wanted to shift the
discussion to the Capital parts of the budget. As we all know, when you
are talking money we are talking about roads and sewers and
infrastructure. And I have written to Council to you separately about my
perception that our Capital budget, not just this Capital budget, but our
Capital budgets a few years past and our Capital budget of the future are
from my perception over extended in terms of the emphasis on
development. We know that certainly the pendulum swing in that
direction is clearly result of what has taken place to the west of us in
Coralville and largely possibly in response to that. But we also know and
we are told this repeatedly by local realtors who are specialists in this
subject, that we are overdeveloped commercially. And we have more
commercial property now on the market than can reasonably expect in the
foreseeable future to be used and absorbed. So my question is why are we
so aggressively pursuing the expansion of roads in the northeast side, on
the south side? It seems to me that if we are at the point where we have
commercial property and developable property that we can't use at the
present time, it seems to me unreasonable that the city should be pouring
huge amounts of money into these things. You will know my opposition
to First Avenue was not based on the fact that I or anybody in Citizens for
Common Sense Growth did not believe we needed an arterial on the east
side of Iowa City. Quite clearly we do. But we said let's build one
arterial and see what happens. And that arterial would have been Scott
Boulevard. Put the money there and see what happens. If we need
another arterial down the road we can do that. My biggest problem in the
budget- and I don't think it has been addressed by anybody or discussed
much by council- is one of the biggest items- the next biggest item after
the library that you have got on this Capital budget is the Transportation
Center across Burlington Street. And I think people really need to know
that what we are talking about here is another ramp. And in the same
spirit of the arterial on the east side, we are completing a ramp right across
the street here that we could reasonably allow to see what happens with
this ramp before we proceed with another ramp on the south side of
Burlington Street. We have already got a series of ramps over there now
that are not being utilized to capacity. I know the intent of building that
ramp on the south side of Burlington Street is to foster development in that
area, but those schemes have been on the table for a number of years now
and nothing has been happening over there. And I don't think it is
reasonable to expect that building a ramp on the south side of Burlington
Street is automatically going to make that magnet area for commerce and
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growth. Now, we are putting $3 million in. And the reason we are doing
that is because we can get $9 million out of the feds. If we are short on
money in this town I think we can forgo that $9 million, save our own $3
million, and put it in some projects like the Noahside Development where
you are scrounging for dollars.
Lehman: Jim, before you go any further are you aware that up until this point all
parking facilities pay for themselves? They do not involve tax dollars.
Walters: I don't know where the $3 million is going to come from.
Lehman: Them is an exception in this case but every parking facility in this
community is paid for by the people who use them. Including Iowa
Avenue. This particular ramp will have to use- the income on that will go
into the transit center.
Walters: Well, we are forgoing other projects by building it with the $3 million.
Eventually perhaps we will recoup the money assuming that the ramp will
be used. And assuming the development will take place on the south side.
Assuming that we can go on with the kind of commercial development
that you foresee by the building of these ramps and roads. And I don't
think it is true. I don't think it is going to happen.
Blizek: Hi there. My name is Matt Blizek. I would like to kind of shift gears ifI
could back to what we were discussing earlier with the police department.
I would also like to thank Caroline and her presenters for the points that
they brought up. Being a student and living in the dorms last year I can
testify that they are correct that there is a definite problem with this. It is
serious and it needs to be more than just looked at as a bunch of radicals
that want to try to legalize drags in Iowa City. No, there is seriously a
problem with this and it should seriously be considered by everyone on the
Council.
O'Donnell: Could you put that microphone up a little bit.
Blizek: I am sorry. I guess I just have some questions about the budget I think
needs to be asked and raised. First off, why in Iowa City which everyone
fairly acknowledges is not a crime ridden community- crime is not a major
problem in this community- why does the police department receive twice
as much money and twice as much city funding as any other city
department? Well over $6 million and expected to go into $7 million for
fiscal year 2003. Especially when you consider that the Iowa City police
department is supplemented by the University's Public Safety. You go out
on these streets on a weekend or any night and there is a police car every
other car you look at. And there is a lot of opposition to this in the
community. And I think Council should take heed of that. I also would
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like to ask why have I been reading for weeks now in newspapers about
the City' s need- well we have to cut back on funds for social services and
road maintenance and putting off things for our Capital Improvements and
all this that the city is in a money pinch when we are spending so much
extra money on the police department that is not even being considered
taking out of the budget. Why by 2003 is the police department's budget
projected to be over $7.2 million when in 1999 it was only $6.1 million?
What is the dramatic crime increase that we need to pump an extra million
dollars into the city's police department in the course of 4 years? I guess
in conclusion of this I would like to say that I find it rather ironic that the
majority of taxes that students pay in this town go to funding the police
department that routinely will harass or ticket them during their social
activities. And I find it sad that the rest of the community's taxes- the
majority of the rest of the community' s taxes are spent on arresting college
students for drinking beer and smoking pot at their leisure. That is all.
Lehman: Thank you. Other comments on the budget? The public heating is closed.
Karr: Motion to accept correspondence?
O'Donnell: So moved.
Vanderhoef: Second.
Lehman: Moved by O'Donnell, seconded by Vanderhoefto accept correspondence.
All in favor? Opposed? Motion carries.
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ITEM NO. 9. PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE
ISSUANCE OF NOT TO EXCEED $15,115,000 SEWER REVENUE
BONDS OF IOWA CITY, IOWA.
a. PUBLIC HEARING
Lehman: The public hearing is open.
Pfab: Mayor Lehman?
Lehman: Yes?
Pfab: Tell me what is- we have the heating and then what? Are we going to
approve-
Lehman: We have a resolution- as soon as we close the public heating we can
discuss the resolution.
Pfab: All right.
Lehman: The public heating is closed. Do we have a resolution?
b. CONSIDER A RESOLUTION INSTITUTING
Vanderhoef: So moved.
O'Donnell: Second.
Lehman: Moved by Vanderhoef, seconded by O'Donnell. Discussion?
Pfab: Could somebody kind of refresh what this is about?
Atkins: We have in place $15 million worth of sewer revenue bonds. This is a
refunding proposal. And basically what that means is that at the time we
borrowed these monies- and I am just going to use a number- we paid 6%
interest. The law allows us, we can go back and refund that at a, what we
would hope to be, a lower rate. And thereby generate obviously a savings.
In this case the sewer fund and the one that follows to General Obligation.
But we can only do it once. This authorizes us to go to market when we
figure that the market is in the position to in effect save us money.
Pfab: Can I ask you- can I go ahead? What is the time frame that you are asking
for here? I mean, I am just trying to get some parameters.
Atkins: I am assuming with the approval of the resolution it is virtually
immediately. I mean, we can go out and we will check the BBI- the Bond
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Buyer's Index- to see how it has been moving and we will go to market as
soon as it looks good to us.
Pfab: Okay, what- I mean, obviously none of us would be spending our time
here at this time of night discussing this thing if we could predict which
way interest rates are going. But the interest rates have a potential to be
very favorable to this?
Atkins: Yes.
Pfab: Okay, now, we don't know when that is but at this point would- as soon as
we make a certain difference in interest rate will we take it or what-?
Atkins: As soon as we measure the basis points between what the current interest
rate is and what we sort of target ourselves for what a good interest rate to
take advantage of is we go to market.
Pfab: But then we ask for bids, is that correct?
Atkins: Oh, yeah.
Pfab: But do we have to accept bids if we decide that is (can't hear)?
Atkins: No. It is just like any public bidding. We can reject any and all bids.
Pfab: Okay, what I am concerned about is- and I am really, really concerned that
we try and work with the bidding on the Internet.
Atkins: I have answered that I think a couple of times to you. And I continue to
express to you extreme caution. Our bond council has advised us that
Iowa has not undertaken Internet bidding borrowing for a couple of
reasons. One is that the companies that might provide the services- our
bond council- I want to see their security systems to make sure that they
are secure.
Pfab: In other words, you want to be sure they don't run off with the money?
Atkins: Absolutely. Secondly, I need to guarantee to you that the integrity of the
bidding process has been maintained. And our bond council has said to
me if you all declare that this is in the city's best interest, we can proceed.
That doesn't make it- it is not a matter of right or wrong. But I am telling
you I would not ask for that authorization from you at this point in time.
Pfab: Okay, I hear what you are saying and I want to pursue it. I don't- it looks
like it has potential.
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Atkins: There is potential for it. Now remember, a good bit of information is
exchanged by way of electronically but the bidding process, again, our
bond council- I think I can safely say- I am not so sure he would give me a
favorable opinion. And if you don't have a favorable opinion, don't
bother (can't hear).
Pfab: Okay. Now, is there- does the bond council have a conflict of interest or a
potential conflict of interest?
Arkins: He is not a bidder.
Pfab: He is not a bidder.
Atkins: And you have to hire somebody to give you a bond opinion.
Pfab: Okay, all right. So that is not a problem?
Atkins: No.
Pfab: That part is off the table?
Atkins: Right.
Pfab: So ifI understand you correctly what you are saying is that while it may
be happening in other cities [and they] are doing it -and apparently with a
certain amount of success- that at this point until you and the council are
more comfortable and feel more secure that it is in the city' s best interest
you will not plan to pursue it?
Atkins: I would not plan to pursue it. And also when you say the city's best
interest Irvin you have to say Iowa's best interest. To our knowledge Iowa
has not done this type of bidding. It has been done in Minnesota. I
understand it has been done in Texas. Each state has a different body of
law with respect to the responsibilities that you have for the public bidding
on raising monies of this nature. Yes?
Pfab: Okay, could I ask you this? Would you and your bond- the counsel-
secure or get information as to why they arrive at their reluctance to do so?
I mean, the information-
Atkins: Sure, I could provide that to you. I think the thing that is most important
is that the bond counsel wants to know the security provisions that are in
effect in part of this electronic bidding procedure.
Pfab: Right.
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Atkins: And the companies that provide this service- and rightfully so- can claim
this is certain proprietary information and I am not wild about turning over
my security measures. And so there has got to be somewhere where we
can feel secure- I can feel secure- that we can go out and raise the money
and that it has been publicly bid properly and that the interest rate that we
secure is in the best interest of the community.
Pfab: Okay, but it is a live auction on the Internet? When it happens-
Atkins: As I understand it, it is. Yes.
Pfab: Okay, so what I am saying to you could you find out what is working and
what is not working? Whatever information you can find.
Atkins: What is not working is apparently the companies that provide the service
are reluctant to, again, provide that proprietary information [that] I am
sure in their minds- the security systems they use to protect the perspective
investor.
Pfab: But when you bid them really you- somebody else gives us money?
Atkins: That is right.
Pfab: So when we get the money-
Arkins: Electronically.
Pfab: Yes. But until we get the money the bond don't change so our risk is
relatively small. I am not saying there is no risk.
Atkins: You can say them is no risk but I think there is a big risk.
Pfab: I am not saying there is no risk. So what I am saying is I would like you
to explore that to the very best that you can and report back.
Champion: Why? What is wrong with the way we do it though? I mean, what
advantage would that have?
Pfab: Well, how many millions of dollars of bonds are we looking at here?
Lehman: (Can't hear).
Atkins: $31 million next year.
Pfab: And if you can reduce that by halfa percent what is the savings?
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Atkins: A lot.
Pfab: $100,000 perhaps?
Atkins: Oh, no. That is millions. (Can't hear) is millions.
Pfab: So that is the reason. And fight now-
Atkins: But I need to turn over to this community $31 million worth of cash.
Pfab: Right.
Atkins: And I need to feel secure that this process provides that we got the full
extent and full benefit of not only the market effects- but remember, as
you well know, these monies can disappear into electronic never, never
land. And I am not so sure we want to- Ijust-
Pfab: All I am asking you is would you do your level best to find out as much
information as you can?
Atkins: Yes.
Pfab: I am not telling you to go out and sell-
Arkins: My level best I promise you.
Pfab: Okay, that is all.
Kanner: I think it is worth looking into if there is some potential there. I am not a
big fan of the Internet but if there is a potential of a quarter or an eighth of
a point savings on some of these things where we still feel secure, we
should look into it.
Arkins: We bid other items. We buy office supplies over the Internet. We do that
now electronically.
Pfab: The other part that is so compelling is this interest market is in such a state
of flux right now.
Atkins: That is true.
Pfab: I mean, it is a violent state of flux. And if you can move on it at a right
time, which nobody is going to know until history writes the thing-.
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Atkins: The thing that- and I know you get tired of me harping on it- the thing that
makes us different is a Aaa credit rating. We can line them up to buy our
bonds because of that.
Pfab: There is a lot of widows and banks and stuff that would love to own those
bonds.
Atkins: Absolutely.
Pfab: So we go through a lot of steps and exercises and restraints to get that and
now we should be able to get some reward for the effort we go through.
Champion: We do.
Lehman: All right I think-
Pfab: That is fine.
Atkins: Level best.
Lehman: Are there state- you know, there are state regulations?
Atkins: Oh, absolutely. I mean-
Lehman: As to where we can deposit our money and whatever. Are there not also
state regulations (can't hear) bonds?
Atkins: Oh, yeah. And that is the point that you need a bond counsel with license
in Iowa to issue an opinion so that the person buying the bonds knows
what the rules are. And that bond counsel does not affix his or her
signature to these things without being very comfortable about the
process.
Lehman: What we are doing here is we are authorizing-
Atkins: You are telling me-
Lehman: We are authorizing you to resell these bonds at an interest rate that you
feel is the best that you can get to pay the city money?
Atkins: Yes.
Lehman: No time. You could do it tomorrow, you could it two weeks from now.
Atkins: Absolutely.
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Lehman: You could do it a month from now.
Atkins: Absolutely.
Lehman: The discretion is with the finance department and the City Manager.
Atkins: We will go to market.
Lehman: And we are authorizing you to go to market.
Atkins: Market means we will put them out there for sale-
Lehman: And you may choose not to sell them?
Atkins: There is that possibility.
Pfab: But when you sell bonds you get the money.
Lehman: We have the money.
Pfab: We want it again.
Lehman: Well, no, this is just a matter of saving money.
Pfab: I know.
Lehman: Is there other discussion on trying to save the city some money?
Pfab: Thank you for putting it in such a positive light.
Lehman: Roll call.
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ITEM NO. 10. PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE
ISSUANCE OF $9,825,000 GENERAL OBLIGATION BONDS OF
IOWA CITY, IOWA.
a. PUBLIC HEARING
Lehman: This is exactly the same thing we just did on the $15 million.
Atkins: Please note that this is General Obligation.
Lehman: Right.
Atkins: It is far more favorable in the sense of the market is better for this type of
indebtedness than the sewer revenue. So it would not be uncommon to get
one interest rate on one and another interest rate on another.
Lehman: The public heating is closed. Do we have a motion?
b. CONSIDER A RESOLUTION INSTITUTING
Wilburn: Move adoption of the resolution.
Kanner: Second.
Lehman: Moved by Wilbum, seconded by Karmer. Discussion?
Pfab: Since this is a repeat should I repeat my (can't hear).
Lehman: Please don't.
Atkins: Level best.
Lehman: If you get a replay three or four times is it still instant?
O'Donnell: You can bet on it.
Lehman: Roll call.
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ITEM NO. 12. PUBLIC DISCUSSION ON PROPOSED ALCOHOL
ORDINANCES.
Lehman: This is going to be a continuation of public discussion that started at the
last Council meeting. I just have one comment before we start. At the last
meeting there was a tremendous amount of discussion that was absolutely
irrelevant to the ordinance. This ordinance basically applies to owners and
operators of bars and Quik Trips and grocery stores- people who dispense
alcohol. It does not apply to people who drink it. And it in no way
changes any of the penalties or regulations regarding those folks who
drink too much or drink too young. So I would like- the public discussion
is open and it is relative to the changes that are being proposed by the city.
Cohen: I am going to hop up here first.
Lehman: Go right ahead.
Cohen: My name is Leah Cohen and I have Bo James in downtown Iowa City.
This is my first time ever being up here.
Lehman: Welcome.
Cohen: Bo James was opened in 1984 so I have been around a while. I have kind
of seen this evolution of the bar and restaurant scene in downtown Iowa
City. For some that don't know, Bo James was- outside of Brown Bottle
being there and I- we were about the only two nice restaurants in
downtown when I first opened it. And as time went on and more
restaurants opened bars started to put in food and then as that happened
then restaurants started to open later at night as bars. So it kind of became
an evolution of are you a bar or a restaurant in the '90' s. I think there is
no question that we have a problem in downtown Iowa City today. I think
I am the first one to see it. I have been in the Ped Mall at 2:00 in the
morning. I have experienced problems. I certainly know what everyone is
talking about when they are talking about the problems. I really do not
have a problem with some of the ordinances that you are looking at. I
think with the competition that has gone on the two for ones, dollars
pitchers, all you can drink- all those sorts of things I don't think that that is
really a problem to start to regulate some of that. My concern is what in
turn will take its place when that happens. I still think we are very open
with the ordinance, as it is to do penny pitchers or whatever on that sort of
pricing. I don't know, I had a couple of suggestions to possibly look at.
For any of you that have been down them at 1:30 or 2:00 in the morning, it
is a nightmare. It is a nightmare for the police department to handle what
goes on pretty much most nights ofthe week. I think that we kind ofhave
to expect it with all the bars and the number of people that we have in the
Ped Mall at night. I think it is not surprising to anyone with that large
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number of people that this is going to happen and it is going to continue to
happen as long as we have those numbers of people. My concern is that
this possibly will continue to go into Dubuque Street, Washington, Iowa
Avenue- and we will not just have a Ped Mall but we will have several
blocks of Iowa City at bar empty- 1:30 or 2:00 in the morning- these same
things going on. We don't have the police forces there at night to handle
that sort of problem in other areas as can happen with those numbers of
people. I currently hear of about 6 new possibilities downtown. Basically
restaurant bar situations or just bar situations. When I have talked to
banks- I have talked to landlords- and basically what they are saying to me
is that is the only thing that they are getting interest from. When they are
trying to put out property for rent that is what they are hearing from is-
and I know some of the landlords are trying to hold off on that and don't
want to rent to that. I think a couple of things that I have seen and I see as
problems is number one sizing on bars. I think when you get into large
bars you have large quantities of people and I think that is a problem. And
I think multiply levels also are a problem. I think they are hard to police
and they provide dangers the police department as well as the patrons.
With regard to the ordinance proposals, if the Council chooses to go
through on that with them there are some things that I do think and hope
that you will consider. For instance, as we are looking at bottles of wine
with a meal- as we are looking at possibly offering drinks with the meal
that sort of thing I just encourage the Council to be aware that- try not to
impose other people's anti-drinking on our community. I am not a drinker
myself at all but I certainly allow anyone else what they want to drink as
long as it is not hurting me. And I think we have to be real careful when
we do that and what we are looking at as far as some of those ordinances
that we don't step over that line of what we are really trying to
accomplish. I think that one thing that possibly could be looked at
limiting drinks to one shot drinks. That is- I have seen- as a major
problem. Another thing possibly to look at- and I know you cannot
restrict on pricing, there is some sort of law on pricing- but possibly if you
lower price lowering- that quantity is proportionately the same as you
(can't hear) higher quantities proportionately. I also heard- another thing I
had heard I think in Illinois they have a limit on nothing can be less than
$1. So those were just some things that I had kind of thought about. I am
mostly here tonight to talk about the enforcement of the new ordinance on
bar owners. I am one of only a few bar owners in downtown- I think there
is one other- and I have seen in the last couple of years along with the
problems that have happened what I have seen is a little bit of a change in
perception. And people coming up with comments and statements that are
kind of putting bar owners in this category- lower class, problem category
is kind of how I see it when I hear statements from some people. I think
there are many of us who make a good effort to follow the law while
trying to weigh the competition and compete. There are also some who
blatantly are an embarrassment to this city as well as to some of us bar
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owners. I really feel that that can be handled by the police department. I
think they know where major problems are and I think that that can be
addressed by them accordingly. We have never really had a clear
consistent written level of enforcement in this town for bars. I know we
talk about this discussion sheet Mr. Kanner brings up as bars come up for
license renewals and the sheet where you are checked for how many times
you are checked and that sort of thing. And it really doesn't not say
anything about what goes on in downtown or outside of downtown as far
as that is concerned with these bars. It is not a clear level at all of how
anyone is trying to follow the law or not follow the law. And I can say
that very clearly. There is also- you get into the thing about what goes on
in the bars outside of downtown. Well, there are not the large numbers to
deal with. So, therefore, it is not necessarily a problem. That does not
mean that there are not large bars outside of downtown that are not
underage problems also. When I see an ordinance that-
Lehman: You need to wind this up Leah.
Cohen: Yeah, I am just about done here. When I see an ordinance that makes me
responsible for 50 to 75 of my employees and all of their actions and
makes my livelihood dependant on that, that is what I get really nervous
about. I think that undercover operations can hurt a lot. I think that the
police department knows what they are doing and can handle things but I
do not think that undercover operations are in any way (changed tapes) I
just wanted to kind of wrap it up and say a few things that I would like to
see. You know, if you look at the ordinance as far as liquor servings and
that sort of thing am concerned, that you please evaluate each thing that
you are doing individually. Each step, so that it is to suit its purpose. I
think that we need to look at what is going on with downtown and how
many more liquor licenses are going to happen in a certain district area.
And I also think that we need to if we are going to get into undercover and
that sort of thing I think we need to have clearly written enforcement of
what is going to go on where and how so that our particular licenses are
not in any individuals hands. I just want to wrap up quickly and say
something that just happened to me recently and why it would be a
concern to me. About two months ago I think I had a patron in my bar
who ran a tab- a credit card tab- buying rounds of drinks for their group
and there was a minor in the group. And that patron was written up for I
think it was serving a minor. I am not for certain exactly what he was
written up for. He was a 23-year-old from Burlington. And when he was
outside the bar and getting this ticket the officer said to him- I am trying to
quote it exactly- but we are looking at taking this bar's license. And of
course I got pretty upset about it and went into heavy detail afterwards
about it. But, basically I was told it was just kind of saying that sort of
thing, not to take it literally. When we are looking at an ordinance like
this I take that very literally. Thank you.
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Lehman: Thank you.
Hanson: Hi. My name is Sarah Hanson. And I am the acting coordinator of an
office at the University of Iowa called Health Iowa, which is the
educational branch of the Student Health service. And I was at the last
meeting where we discussed this but I didn't get up to speak. And I guess
I am here tonight to answer a question that I heard posed at that meeting
which was who is asking you to do this? Who is asking you to tackle this
problem? And I think that there are a lot of people in Iowa City who are
asking you to handle this problem and to try to do something about high
risk drinking in our community and about access to alcohol in our
community. I have both a professional and a personal interest in this
issue. As the coordinator of Health Iowa with the Student Health Service,
I work everyday with University of Iowa students who are paying the
price for high-risk alcohol use on some level. We are the alcohol and drug
assistance program on the University of Iowa campus and we provide
prevention education, short term outpatient treatment, and aftemare
services to over 750 University of Iowa students each year. Most of those
students- the vast majority of them- are not alcohol dependent but
generally have made high-risk choices and have some consequences as a
result of those choices. Many of them frequent the downtown bars and the
vast majority of the ones that we see are underage students that have ready
access to alcohol. I think that while there are a number of students that
will still drink excessively and a number of other people, not just students,
that will still drink excessively as a result of- even if these ordinances are
passed. I think that a number of people will drink less and will be safer as
a result. And then the community will be safer as a result of that, as well.
There has been a lot of, I think, argument back and forth saying that these
ordinances are meant to target students and that they are meant to target
individuals who are just at bars drinking moderately and socializing. On
that point I think I disagree. I think that clearly if you are at a bar and you
are just drinking moderately and socializing you don't need a 96 oz
fishbowl, $5 all you can drink, or 21 pitchers to do that. On a personal
level, I guess I want to just want to share one experience that I have had
with high-risk drinking in this community. On May 2 in the spring I was
hit head on by a drunk driver who had been drinking at a downtown bar.
The person who hit me had a BAC of .256. Not just social drinking and
not just having a good time necessarily. A lot access with that. I was 16
weeks pregnant with my first child and I am very thankful to stand here in
front of you today and tell you that I have a healthy beautiful 4~month-old
baby. There are certainly lots of reasons that it might not have turned out
that way. I guess I want to thank you for taking the action to try to combat
this problem. I certainly don't think that these ordinances will solve
everything. And I don't think that you think that either. I think that they
are a first step and that is important and I also believe that there are a lot
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#12 Page 52
people in Iowa City who do support you in taking this step and do want
you to do something. Thank you.
Karmer: Sarah?
Hanson: Uh-huh?
Kanner: I appreciate what you had to say both personally and professionally and
what you just said about your personal experiences enough perhaps in
some ways to tip the balance in one direction. But I was wondering if you
could talk to the professional aspects. You mentioned the term paying the
price and consequences. Could you put some at least anecdotal evidence
of what that means when people are coming in- what does it mean that
they are paying the price or they are suffering the consequences of the
drinking?
Hanson: We see students on a variety of levels. Some of the students that we see-
because we are just a student service we don't see public or other folks-
some of the students that we see come to us on a self-referral. Meaning
that they have recognized that on some level they are having negative
consequences- missing classes, having relationship problems, flunking out
of school- as a result of alcohol or drug use. Other students that we see
are required to come and do some sort of an education program as a result
of a court sanction as a result of a code of student conduct violation. And
so we provide a continuum of services on that level for no charge to
University of Iowa students to help them be able to meet any legal
consequence they might have and also stay in school, school is really our
ultimate goal. To help them try to do what they came here for and if they
have a legal consequence that they need to take care of we can provide the
education aspect of that. We also do- we have a full time certified
substance abuse counselor whose services we contract from MECCA- Jan
(can't hear), who is here tonight actually. And she provides the more
treatment aspect of the continuum services that we provide. She runs a
University short-term outpatient treatment program and an aftercare group
and provides OWl evaluations for students as the OWI requirement for the
state.
Kanner: Are you seeing a number of people that either are the ones perpetuating
the crime or the victims of sexual abuse or any type of physical violence?
Hanson: We see a number of students who have had some sort of a self
endangerment or have been assaulted in some way and have had some
consequence at the hands of someone else. A secondhand effect, so to
speak. We see a number of students who are taken to the emergency room
with acute alcohol intoxication who have passed out somewhere and have
been found by Public Safety or by an RA or by a friend who is concerned
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#12 Page 53
about them as a result of alcohol use and other drug use as well. Thank
you.
Lehman: Thank you.
Carlsten: Good evening. My name is Paul Carlsten. Four years ago upon
considering retirement my wife and I literally went from Maine to Oregon
to New Mexico to Minnesota, Colorado and many other places in between
before choosing Iowa City as the place we wanted to live. Primarily not
only the general quality of life but partly also as well because of the
element of the nightlife and the live music venues which are available
here. Unlike very few of my contemporaries I spend a lot of evenings- 3
or 4 nights a week- in Iowa City bars, clubs, places like the Mill, the
Sanctuary, 126, Malones, the Deadwood and so forth. And the thing that I
would note first of all is the discussion of a problem. There is a letter in
the Cedar Rapids Gazette today, an opinion piece by a business man in the
Ped Mall, making it a point basically of two complaints that seem to
underlie most of the discussion and most of the pressure pushing for these
ordinances, which is the complaint first of all that there just aren't families
in the Ped Mall anymore and second is that it is apparently because of
students who are there and who drink. I don't quite understand why
students drinking from 10:00 PM to 2:00 AM are the reason why children
aren't in the Ped Mall or downtown businesses from 9 AM to 5 PM.
When we choose Iowa City it was not without some experience. I had
been here- I first came to Iowa City in 1948 as a student. I came back here
after the Korean War for awhile and went to graduate school for awhile.
And then later on in the years of the Vietnam War I was here a great deal.
I was teaching at Cornell College a few miles away. One of the things I
very much recognize returning, which may not really be a cognizance to
many of you, is in 1950 in Iowa City there were five downtown theaters, a
half a dozen department stores, there were three high schools, there were
three elementary schools. You had a community within walking distance
of downtown of large houses in which large Irish, large Czech, large
German Catholic families- there were children everywhere. I would tell
you today probably the most difficult thing to find within walking distance
of downtown Iowa City, even more than an overnight parking place, is a
child of school age. Now, what I am trying to get hem (can't hear) a sense
of this was that one of the things that becomes very much a question in my
mind is bars downtown- there were always bars. There were more bars
per capita in 1950 when the University was a third the size it is now and
Iowa City was a third the size- there were more bars per capita then, then
there are now. What really I want to speak though directly about and the
reason I am here is my own experience just about almost exactly 50 years
ago now. The woman who spoke earlier referred to being hit by a drunk
driver. Well, 50 years ago I was a drunk driver and I almost killed myself
and 6 people. I had to leave school. I went to the army and years later
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after the war I came back here to school. There was an event in the fall of
1950. The son of a (can't hear) at a bank in Cedar Rapids took a yotmg
woman- the daughter of an Iowa State Supreme Court Justice- to a formal
and afterwards to a hotel that literally is right where we are standing now.
A seedy hotel for a late candlelight and wine occasion. A few moments
later he ran a block and a half over to the police station at that time and
said, "I have just killed a young lady". And indeed he had. He was
brought up on murder charges. He was acquitted. The girl had died,
unfortunately, in one of those things that wasn't talked about then. It was
an occasion of oral sex. And she had suffocated. Neither of them had
been drinking. He was 25 and she was 22. But it brought down the wrath
of everyone involved. (Can't hear) were told to close their bars for
awhile. Where the Northside bookstore is now- at which that time it was
the largest bar in a college town in America, three floors- was forced to
close. And basically what tended to happen as a result was that sort of like
the Montgomery Busboy (can't hear) of that era-
Lehman: You need to kind of wind this up.
Carlsten: -they took to carpooling. Okay, I will close very quickly. They took to
carpooling. In those days not many of us had automobiles. But we
carpooled to Hills, to Riverside, to Solon, to (can't hear) Falls. There was
a marvelous CRANDIC in those days- the Vomit Comet as it was referred
to- that took you to Cedar Rapids and back to drink. But on a November
night of that year I was asked-
O'Donnell: Excuse me, what was that called?
Carlsten: CRANDIC- the Cedar Rapids and Iowa City Railroad. Because of the
students coming back from drinking in Cedar Rapids at night and a rough
track it very quickly became known thereafter as the Vomit Comet. But
on a night in November I was asked by pledges in my fraternity if I would
go with them on a skip with a class of sorority girls to Riverside for an
evening of drinking. I borrowed my roommate's car and coming back too
intoxicated to be responsible for the lives of 6 people, I sideswiped a
tanker- an oil tanker- and 3 inches over further I would have killed 7
people. I had to leave school. My point in all of this is you aren't going to
deal with students drinking by driving them out of Iowa City downtown
bars where they can walk. You will drive them to Hills again, to Solon, to
wherever it is that they can go. You will drive them out into apartments in
their neighborhoods. All those places where those large houses used to
exist which are now apartment buildings. And all you will do is basically
turn downtown Iowa City into a ghost town. The reason that there are
bars- the woman here earlier said it- the reason there are so many bars in
downtown Iowa City is because the only people who live within walking
distance of downtown Iowa City are students. And that is what students
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want. And if they are not there they will find it somewhere else. Thank
you.
Khowassah: Mr. Mayor and members of the City Council. Thank you for this
opportunity to speak to you. My name is Mary Khowassah. I have been a
resident of Iowa City for 40 years and a physician at the Student Health
Service at the University of Iowa for over 30 years. I am distressed about
what the easy access to alcohol is doing to downtown Iowa City and how
it is affecting our students' health, safety, and academic achievement. At
the Health Service we see numerous health problems related to the abuse
of alcohol. Each month 8 to 10 students are seen for acute illnesses and
injuries directly related to alcohol. One third to one half of students
seeking psychiatric care at our service have alcohol as a contributing
factor to their illness. The University counseling service reports a
conservative estimate of 10 to 20% of their clients have alcohol as a
contributing factor. A number of our students are also unfortunately seen
each year in the emergency rooms of both Mercy Hospital and UIHC.
And as Sarah Hanson described, over 700 students are seen in our health
service for our education, intervention and treatment programs. The
problem of alcohol on college campuses is long standing and for some
time has been a topic of concern to our regional and national organization.
But we do know that not all campuses have the problem to the extent that
we do. Prior to the RWJ Stepping Up grant, the Student Health Service
had three (can't hear) grants over a period of six years dealing with
different aspects of the problem of alcohol on our campus. Each resulted
in some changes and some improvements. Not until now, however, has
this topic received such attention by University administrators, community
leaders such as yourselves, and the people of Iowa City. Not until now
have we had such an opportunity to make a significant change to the
culture and environment of Iowa City and to affect the health, safety and
academic achievement of our youth. Thank you for your commitment to
researching and addressing this serious public health problem. I hope that
you will pass these ordinances. Thank you.
Lehman: Thank you.
Trefz: Hi, Nan Trefz. It is good to see so many people here tonight to speak
about what we as a community can do to make our town a healthy and
safe community for all. People have talked about what these ordinances
will do to prevent the use of alcohol, to move underage alcohol
consumption to unregulated locations, to cramp their fun, to endanger
small businesses, or to change culture. What it is doing is getting us
together to listen to one another and to understand each other' s point of
view. That after all is what a small town governn~ent is all about. I hope
that this discussion tonight and subsequent conversations can lead us to a
statement that we make about our community and to our younger
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#12 Page 56
members of the city. Without the students and high school kids Iowa City
would be a much more quiet, less energetic town. Much of our identity
over the years has come from the students. Hopefully these conversations
are about caring for our yotmger members and valuing them. We want
them safe and productive as students, employees, and community
members. Our town can be one of the models (can't hear) models what
understanding and respect from one another can be. We can also have fun
without the economic exploitation of young people and endangering their
lives and futures under the rubric of "it is what college is all about". Let's
make our drinking establishments places to enjoy friends, dance, enjoy a
drink or two and not dens of drink until puke or assault the next woman
you see or the next guy that looks at your date. Let's bring a little
common sense to the conversation about how we market alcohol. And
let's let Iowa know that we value our greatest resource, our youth. Thank
you.
Lehman: Thank you.
Dull: Good evening. My name is Sarah Dull and I am an advanced graduate
student in the Department of Psychology at the University. And I work
with Professor Peter Nathan on research into binge drinking and its
consequences in Iowa City. I am here to continue a discussion that he
began with you last week on the results that we found from our four-year
study of over a thousand students on campus. Just to briefly revisit his
results that he presented last week, he discussed the differences between
the University of Iowa's binge drinking and consequences and a large
national sample ofbinge drinking and its consequences discussed by
Henry Wexler in 1994, again in 1998 and again in 2000. Just briefly, Dr.
Wexler and his group found that the binge drinking rate overall at over
140 college in the United States is 44% and he found that the frequent
binge drinking rate is 19%. Here at the University of Iowa we found
vastly, vastly different results. We found the binge-drinking rate to be
70% and the frequent binge-drinking rate to be 47%. This is a very, very
dangerous epidemic that is sweeping Iowa City. What I want to do here
tonight very briefly is to share the consequences- the data- that we found
in terms of behavioral consequences at the University of Iowa and
compare that to the behavioral consequences found from drinking in the
national sample that Wexler presented. We have collected data, again, on
over 1000 students on consequences from their drinking ranging from
arguing with friends, having hangovers, missing a class, forgetting where
they were and what they did, engaging in unplanned sexual activity,
engaging in unsafe sexual activity, damaging property, getting hurt, doing
something they regret, or getting into trouble with campus or local police.
In all comparisons between the University of Iowa students and the
national sample the University of Iowa students beat the national sample.
In other words, students here at the University of Iowa have had
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#12 Page 57
statistically significant larger- statistically significantly larger, excuse me,
rates of consequences than the national sample. For instance, to answer a
question that Mr. Kanner had earlier, binge drinkers at the University of
Iowa, 36.6% of them reported that they engaged in unplanned sexual
activity after drinking alcohol. That is in comparison to only 20% of
binge drinkers in the national sample. And 45.5% of frequent binge
drinkers at Iowa reported this consequence versus 41% of frequent binge
drinkers in the national sample. Other kind of striking results- things like
missing a class, something very important to University students,
approximately 63% ofbinge drinkers at Iowa versus only 30% ofbinge
drinkers in the national sample reported this consequence. Overall, if you
compare binge drinkers at Iowa to binge drinkers in the national sample
and frequent binge drinkers at Iowa to frequent binge drinkers in the
national sample the University of Iowa students beat out the national
sample on 22 of 22 comparisons of all the consequences. Again, it is
striking. What can we do about this? I think you all have taken an
excellent first step and what I want to do is reinforce the steps that you are
taking with these ordinances. Data from multiple sources- I have some of
them with me tonight- suggest overwhelmingly that decreasing access to
alcohol decreases overall rates of consumption in connnunities. Limiting
access in any way- for instance, changing the legal age from 18 to 21
decreases consumption and associated risky behaviors. Decreasing the
density of alcohol outlets in a community also decreases overall
consumption. I am not talking of course about people who would meet
criteria for alcohol dependence or hard-core alcoholics. I am talking about
college students- people who consider themselves to be social drinkers. It
is very important to understand that drinking is not just about having a
good time. Oftentimes there are consequences. I know you all have a
copy of this paper that we have submitted for publication but if you have
questions I would be happy to answer them. Thank you very much.
Lehman: Thank you.
Kanner: Sarah? Have you heard of Murray (can't hear)?
Dull: I actually graduated from his current place of employment.
Kanner: He has a book out recently that talks about drinking and colleges and big
time sports. He was in town recently from Indiana University. He talks
about colleges promote- actually promote drinking in a sense for a number
of different reasons. On the other hand he cites the University of Iowa as
an example of someone who is doing some good things actually like not
taking sponsorship money for the sports teams. So with all that going on
yet we have the University of Iowa with high rates ofbinge drinking
according to you. I don't know if he would necessarily agree with your
assumptions of how to deal with the problem. He seems to talk about it is
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a national problem. And so I was wondering if you could comment on
that.
Dull: Well, first of all, I can comment on whether or not the steps that the
University has taken thus far have affected binge drinking rates. We
studied students over a four-year period starting in 1996. The binge-
drinking rate has not changed one percentage point since 1996. If
anything it has gone up. So whatever the University has done since then,
unfortunately to this point, has not changed the binge drinking rate. What
else would you like me to comment on?
Kanner: Well, what more can the University do to affect binge drinking rates?
Dull: I think it is more than just a University problem. I think obviously there is
a cultural issue in this town and in the state of Iowa. I think in many rural
states. One thing the University can do on the other hand which they are
moving towards doing is offering alcohol free events in the evenings so
that students who don't want to go out and drink don't feel like they have
to. If there are things that are open late enough that don't focus around
alcohol. Quite a few students, I think, on this campus- and I have gotten
some anecdotal evidence from students about this- quite a few students
will have a place to go and will probably feel a lot more comfortable in
Iowa City.
Kanner: Thanks.
Dull: Thanks.
Solow: I am Cathy Solow. As a parent of both a sophomore in high school and a
college freshman, as a 20 year resident of the City of Iowa City, and as a
professional who has worked with incoming freshman for some years at
the University I urge the council to pass these ordinances which have
tremendous potential to help curb high risk drinking. Price and access
definitely effect how much students drink. By imposing city as well at
state fines and by considering previous violations in the application
renewal process, the Iowa City community will raise the bar so to speak
on accountability and make this a safer place for everybody to live,
including my family. Although there needs to be a multi-pronged
approach to controlling high risk drinking, these ordinances are a huge
step in the fight direction. Thank you very much.
Lehman: Thank you. I would like to wrap this up in about 10 minutes so if we
could kind of limit our remarks.
Blizek: I will try to keep my remarks as brief as possible. Again, I am Matt
Blizek. I would just like to address, I guess, a few specific things. I guess
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in response to some of the things that have just been said by the members
of Stepping Up and etc. I think the problem here is not so much a culture
or accessibility so much as it is just volume. You have a high volume of
tens of thousands of 18-24 year olds in the midst of their youth, raging
hormones, self-destructive desires, etc, etc, etc. And they are all
concentrated into this one little three or four mile radius. And to expect 18
to 24 year olds not to binge drink or not to get drunk-which is basically
what the definition of binge drinking is for these purposes- I think is just
absurd. I would urge the council to try instead of fight this torrent, this
river you know, standing in it and fighting against it- go with it and direct
it in ways. Do things that help the students like a late night bus
transportation that would help students- that would help prevent drinking
and driving and give students on cold nights a reason not to drive
downtown to the bars. And would save them money on waiting an hour
for a taxicab to show up. You could at least get rid of one patrol car off
the streets in favor of a bus. It would save you money. I guess also to get
more specific into this I was curious, I guess Mrs. Dilkes if you could, the
section 454 where it says regulations of persons under the legal age. Now,
this is already a state law and it is being changed to a city law under this
ordinance. Is that correct?
Dilkes: No, it is not being changed to a city law. And frankly, this one already is a
city offense and a state offense. We are just elaborating here.
Blizek: Okay, I guess my question is- there are a lot of questions that people have
been asking of me- if because of this, because this was included with the
city ordinance, would the money then- the $100 fine- would that go then
to Iowa City or is would that still be allocated out to the state?
Dilkes: Typically if it is charged as a city offense it goes to the city. But again,
this is already a city offense.
Blizek: Okay, then I would also- I would charge the city on this- take those funds.
I mean, you arrest thousands of people for possession of alcohol under the
legal age so take that money that you make from that and put it back into
it. Put it back into the students. Give them a drug treatment center or
tides home when they need them. I mean, a lot of places like Iowa State
have free bus shuttle home for anyone who calls it. The city provides it.
You know, if you want a shuttle home it will go and pick you tight up at
no charge.
Lehman: Do you like the way Ames does it? Iowa State?
Blizek: Do I like the way they do what?
Lehman: The way they handle the alcohol issues in Ames.
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Blizek: I think it is a completely different environment in Ames than it is here.
Lehman: (Can't hear).
Blizek: I cited a good thing that they do that I think would be-
Lehman: Okay, because they also have 21 bars.
Blizek: Yes. I knew that is what you were getting at. Yes.
Lehman: And I was surprised that you cited them.
Blizek: I don't see any connection between those two issues at all.
Lehman: We can pick and choose the things we like and don't like, don't we?
Blizek: Yes we do. On both sides. With that I think those are the only comments
I have. Thank you.
Lehman: Thank you.
Karmer: I would image Steve that the percentage of money that comes back from
those fines might be useful in a general sense is small?
Atkins: I would suspect so. I will find that out for you.
Vanderhoef: I suspect it costs us nearly that amount-
Atkins: I think we have traditionally sort of taken the position that it is
compliance. We don't want the fine money. Like with most of the fines
we issue. I will find out the fine revenues as best I can for you on that.
Rooney: My name is Ryan Rooney. I am with Malone's Irish Pub downtown. And
just a few weeks ago a bunch of University of Iowa students got together
and raised over a half a million dollars for kids with cancer and their
families. So, they are not all terrorists that are running around. They do
some good things out there too. I would just like to give them something
in their defense. I have a question to start out in the proposed ordinance.
Under section 425 Civil Penalties #7- it says that violation of any
ordinance or regulation of the City of Iowa City relating to the purchase,
possession, sale, supply, dispensing or giving of alcohol- it says that a
license can be revoked if any of those terms are violated. Does that mean
a license can be revoked after just one offense? Technically?
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Dilkes: The Council has the discretion to- would have the discretion to evaluate
the circumstances and determine what the appropriate penalties would be.
Rooney: So technically one bar with one violation at the discretion of the Council
could lose their license and one bar with seven violations at the discretion
of the Council could keep their license?
Dilkes: I think that would be unlikely.
Rooney: I know that is unlikely but I am saying that that is possible?
Dilkes: That is possible.
Rooney: Okay. That is, I guess, my concern that the discretion lies in your hands.
Not that you are not all good people and honest people but that is a lot of
power to put in somebody' s hands about the livelihood of some of us in
the downtown area.
Dilkes: Can I just- I should remind you there is an appeal to the alcoholic
beverages division and then there is also an appeal to district court.
Rooney: I understand it does fall under the appeal but there is quite a gray area and
a lot of interpretation on your part. And I guess one of my concerns is that
we are handing over that much power and that it is not more defined with
penalties.
Pfab: Now you know why every vote counts.
Rooney: True.
Champion: That is a good point. In Ames it is 12 violations in a year, if we want to
go back to Ames. 12 violations in a year and your license is gone.
Rooney: And I guess as being a downtown bar I am even more wary of this because
I think that a group like Stepping Up has done a lot of things and in the
last few years has really kind of enlightened an existing problem. But I
think that in the same sense, they have put the rest of the problem in denial
by focusing it almost strictly on students at the University of Iowa aged
18-20. And I think that, you know, if you granted me the Ryan Rooney
Foundation and I tried to prove that Iowa City had the worst drivers in
town and you not only gave me the police department but public safety
and overtime, I could put enough police out on the streets and radar
enough people and give us so many speeding tickets that yes I could
argues that in fact Iowa City has the worst drivers in the state. And I think
that it is important to accept the fact that there is a problem in the young
people but I think that all of the enforcement has been very selective and it
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is really only affecting the downtown bars. And I don't think it is fair that
when we do propose something like this that from past experience has
shown that when we do up enforcement and we do have sting operations it
is all primarily focused on underage drinking. Not necessarily the bars
that are on the outskirts of town with parking lots where people are
probably drinking and driving home. I don't see all the sting operations
there and I don't think it is fair to argue that one is more or less dangerous
than the other as we have already heard. I think it was one of the women
from public health that said since 1996 we haven't changed one
percentage on the binge drinking. But I can tell you what has changed in
the last four years. The fraternities and sororities decided that there was a
drinking problem so they pushed all their members out and sent them
downtown to the bars. In the dorms it used to be if you were 21 you could
drink there and the University washed its hands of that problem and said
that there couldn't be any alcohol in the dorms. And all of that has gotten
pushed down to downtown. And you can continue to legislate and try to
enforce stuff but until we come up with something creative, I don't think
the problem is really going to get solved. Thank you.
Pfab: I have a question for you ifI might. What is the motivation to a bar owner
not to serve underage patrons and also people who are partly inebriated?
Rooney: I think that any person who runs a responsible business, whether you sell
drinks or anything else, you have a responsibility to your customers and
their health. And you can't just turn your back on something like that.
Pfab: Why is it that so many people come out of bars inebriated?
Rooney: Because there is 26 bars downtown. You could have a beer at my bar, you
can go to the next one and have a beer. You could have 26 beers and I
could only say well, I just served him one.
Pfab: Is there no way that you can tell as a bartender if somebody is partly
inebriated?
Rooney: Sure. I think that there are cases where someone obviously should tel1 if
someone is obviously intoxicated. But at the same time you are talking
about a lot of volume. I mean, you are talking about a lot of people in the
bars whether you are at the Vine in Coralville after a football game or it is
Saturday night after finals at the Fieldhouse.
Pfab: I asked you those questions not to belittle or to attack you. I am looking
for a solution just like you are.
Rooney: And then I guess I have one other point then. Getting into the number of
drinks that can be served at one time it seems again a little unjust here that
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we are saying that on the off premise like the bar position you can only
sell one beer at a time per customer yet at Hy-Vee or Regal Liquor are you
going to make somebody buy a single can of beer, drive home and drink
and then drive back and grab another one if they want another and come
back? It is almost like you are saying well a restaurant has to sell an apple
for $2 but the grocery store can charge whatever they want. And it
doesn't seem fair. If we are really talking about a public health concem
there is no less concem about the liquor store then there is a bar. Thank
you.
Lehman: Ryan, I hate to-
Dilkes: Emie? I am sorry, I need to correct my answer to Mr. Rooney's earlier
question and clarify that with respect to if the penalty was following a
conviction for a sale to a minor those are- the penalties are specifically
outlined on the next page.
Rooney: As far as fines.
Dilkes: As far as civil penalties go. So with-
Rooney: But the revocation of a license could come after (can't hear)?
Dilkes: No, all the penalties are specified by state law and that is what is in here
when it comes to penalties imposed following a conviction for sale to
minors. And you will see that at 425(h). Upon the first conviction the
license is suspended- in lieu of the suspension there is a civil penalty in the
amount of $500, second conviction the penalties increase. So I think we
have gone over that before but my intention was directed to the one
provision. But I wanted to clarify.
Lehman: Just two comments. First of all, when you go into a bar and get two drinks
you obviously expect to consume the alcohol on the premises which is a
lot different then buying a six pack at the grocery store. And just one
other thing. You talk about the Council having a lot of power, you have
the power right now. The bar owners in Iowa City have total power over
what happens in their bars. You haven't exercised any control and the
Council is saying if you won't exercise control or you can't we are going
to help you. That is what this ordinance is all about.
Rooney: And I agree with that. I am not trying to be argumentative with you but
just to get back to your one question- if I buy- let's just take a football
Saturday. You have seen this town ripped apart on a football Saturday.
You cannot expect to get a table or a waitress on a busy weekend like that.
And if I took you guys out for a drink why can't I go up to the bar and get
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us a couple of pitchers? I am not saying I am going to sit in the bathroom
and guzzle it all myself.
Lehman: We haven't addressed that but it will be coming up. That is an issue we
have to address yet.
Rooney: And I think that in certain things like that you would push people like
myself and my friends that have every right to send somebody to go buy a
round from the bar out to the bars like the Vine and the Wig and Pen in
Coralville.
Kanner: (Can't hear) Ryan that perhaps you have to hire another person to make
sure that people aren't overdrinking to excess.
Rooney: I invite you to come in any time and I have not only the bartenders, the bar
backs and the waitress but a handful of security that walk around and
make sure that there aren't any problems and that they are looking out for
the safety of the customers. And you are not going to find that at any of
the apartments that we are going to push these kids to.
Pfab: I want to thank you for your presentation. I enjoyed your colorful
example.
Rooney: Thank you.
Lehman: Thank you.
Woodson: I am really feeling like a demon here lately. It is kind of like Leah said
where you have been tumed into the people who do awful things. And
Emie, when you say that the bars haven't cleaned it up- you know, a lot of
us have not had the problems.
Lehman: (Can't hear)
Woodson: But these ordinances are going to apply to all of us. If you want to stop
somebody who has maybe had too much to drink from buying a pitcher of
beer or getting two for one you are also at the same time going to stop me
from selling a half carafe of wine to a University professor to have with
dinner.
Lehman: I don't think we are going to do that but go ahead.
Woodson: And that is perfectly legal to do if he is not intoxicated. There is a lot of
other minor things that I will try to email Eleanor on in this. There is no
definition of serving size. There is no definition of a lot of things. It is a
very, very poorly put together package as it stands right now.
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Lehman: We are not done with it. That is why we are having this discussion.
Woodson: Right, I understand that. One of the things that bothers me the most about
it is the section of civilizing for a better term. The criminal penalties
under Iowa City law. Steve's memo says that if they can't make a
criminal case they will go after the civil penalties. Have there been a
number of times when we couldn't make a criminal case against a licensee
and we need the attendant lower standard of proof that goes along with a
civil offense? I don't know of too many criminal cases that have been
filed against licensees let alone a difficulty in making that case. There is
an old line in politics and investigative reporting which is "follow the
money". And the fines from those civil offenses go to the City of Iowa
City, not to the state- the administrative fine. That also makes for an
unusual situation where the city council writes the law, hires the police to
files the charges, and then sits and adjudicates the licensees and levies the
fines. In essence, the more people you find guilty under those civil
penalties the more money you make. That is- you know, it is a situation
that just doesn't look good. You may say we can go ahead and appeal to
the state and appeal to district court but we all know that costs money and
attorney' s time- maybe more than the fines so we just go ahead and pay
the fine. Ryan addressed the off premise stuff and we all know that John' s
Grocery, the Quik Trips or the Kum and Go or whatever they are now,
make a lot of money and a lot of that alcohol is consumed by underage
students. One of the things that I do think that people have been missing
is that bars and restaurants are a big business. Restaurants are a big
business. $126 million in Johnson County ofthe lowa City metropolitan
area in the last year. Approximately 9000 employees and a huge Capital
investment. And none of us are out there trying to jeopardize that Capital
investment by having our license taken away by making a couple of bucks
selling to a minor. Okay? It costs a lot more to open a bar or a restaurant
than it does to open a retail store. The money that we spend on building
and remodeling directly affects the property tax base. At a time when Old
Capital Mall is worth half of what it used to be and the other property
owners of some of the larger retail areas are coming to you saying we need
tax breaks (changed tapes) buildings and paying property taxes at a pretty
good rate. I might ask if you see the reassessments in downtown. So, you
know, we are not bad guys. We are not putting all this money in and
trying to throw it away by making a couple of bucks selling to somebody
who is drunk or underage. If you are having some problems with some
individual establishments and individual operators you have enough laws
on the books already to take care of them. You've got public intox,
you've got serving to minors- you've got all the state laws. You've got all
the state criminal penalties behind that. I see nothing that you are
proposing here that will make a difference that can't be handled by the
application of the laws that you already have. Thank you.
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Lehman: Thank you Woody.
Dilkes: Can I just note Ernie that one possibility that the Council needs to be
aware of is that you could start- you could refer- you could focus on
criminal penalties charging the crime of sales to minors and you could
then upon conviction refer those to the alcoholic beverages division for
administration of the civil penalty. In fact, when they were here last week
they said, you know, send them to us. So, these laws are already on the
books to a large extent. And part of this is just to set up the enforcement
of it. The enforcement effort to date has been on charging of the underage
persons themselves. As I understand it, and I don't know what has led to
that, but the focus has been of the police department' s efforts has been on
the underage persons themselves and not on the employees and the sales to
minors and that kind of thing.
Woodson: And when it has been on the sales it has generally been with a sting
operation. I believe those administrative penalties from ABD are
automatic on a criminal conviction.
Dilkes: On a criminal conviction for sales to minors they are-
Woodson: The administrative penalties are automatic.
Dilkes: That is right.
Woodson: So it doesn't have to be referred. They are automatically administered by
the state.
Dilkes: No, there is still a notice and due process requirement.
Woodson: Okay.
Dempster: Well folks, you have been here since 4:00. I have only been here since
6:30. Maybe I will be a little scattered. This is my third attempt at talking
to the Iowa City City Council in the 39 years that I have mn the Mill.
Lehman: Keith, give your name for the-
Dempster: Keith Dempster, Mill Restaurant, Iowa City, Iowa. Since 1962 as they
say. I was around Iowa City during the (can't hear) case in the '50's and I
remember exactly what was going on.
O'Donnell: And it wasn't here. It was across the street.
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Dempster: Well, I wasn't in the room. Anyway, it appears to me that through
Stepping Up we are attempting to again reassume the parental fights of the
University and its advisors over the lives of the students. Then after
having shoved beer out of the Union where they never go- don't go to
bands there anymore- and out of the dorms and out of the fiats and it hits
downtown Iowa City. Well, when I was here as an undergraduate I
remember that the University did take control of its students with parental
rights. In fact, for the first year I was here I was dating this lovely little
lady from Davenport who was a freshman. And it was my requirement to
have her back at Courier by a quarter after eight. When she got to be a
sophomore she could be out until 10:15- wowee zowee! Now, how many
parental fights do you want to cats paw with your varying ideas of liquor
laws? As I stated before, in 39 years I have gotten busted by a bald
headed kid looking 30 in the middle of a homecoming parade rush one
time and one time only. Never in jail, one minor sting that I didn't catch.
I don't run liquor specials except Tuesday night for Guinness, which is not
the average quaff of a sophomore. And there are some 30 year olds who
haven't acquired a taste.
Champion: Some 60 year olds too.
Dempster: Yeah that is why it is such a lovely special. But you people are killing me.
I will give you an example. The young lady who was up here just
mentioned having been in an automobile accident. Well, I am running this
cane because I was in an automobile accident at the end of December. I
was going home about 1:00. I decided to leave work early because I was
tired. I was giving a maintenance man a fide home out to Coralville. And
on the curve down here someone came directly across the curve. I was in
the far fight-hand lane and they crossed 3 lanes of traffic and center
punched me. Totaled the truck. Blew off the airbag. Now, they did go
over the limit. However what I wanted to say about what to say about was
killing me downtown was I am trying to get out- I have had a bypass
surgery so I have had my chest busted up- well, the airbag did a real good
job of redoing it. I used to be a football player and the truck door got that
knee and I am still in therapy for it. And here I am trying to fight my way
out of the truck and here is some young Iowa City police officer standing
there watching me. Not laying one hand on the truck door. No, "are you
hurt?" or anything like that. He waits until I finally bend the door open
and get two feet on the ground and there he is with his breathalyzer. And
he says, "here blow on this". And I go, "Oh?" "Well, it is for your own
good." "How is that?"
Lehman: Keith, what does this have to do with the ordinances?
Dempster: What it has to do with is those 16,500 traffic stops in a town of 65,000 to
eliminate the downtown to being 25 and down because my adult
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customers even if it is 15 stops to one to find any fish will not come
downtown any more. That is what it has to do with it. And what it had to
do with it particularly was the feeling when he tells me it is for my own
good. Then he tells me it is for insurance purposes. And I say, "I don't
think that is true." He says, "Well, it is because my sergeant told me to."
Oh, okay. The problem is when I blew 00 he walked off in disgust. And
it is this kind of idea whether it is telling Leah well we are going to take
your license or being mad because you didn't bag one, that we deal with
all the time. And if you want more of a mix of adults among the students
some of these things need to be addressed. I will forgo a lot of it. I doubt
very much whether you will find that the drinking rate having not changed
from '94 has changed much from '54. This is a state in which about 51%
of the adult population don't even have a beverage on New Year' s. It is
not a particularly wobble away kind of state. It is just- I shouldn't allow
myself to get this annoyed. But I guess what I am thinking is people keep
saying find the money- follow the money. Well, we had $700,000 poured
into the state to follow the money. Mr. Mayor, you are on that committee.
How much of that money is left?
Lehman: Which committee are you talking about?
Dempster: On the Stepping Up.
Lehman: I have no clue.
Dempster: Who does know how much of that money is left?
Lehman: I am sure if you want a statement as to where it is spent that is no problem
to come up with that.
Dempster: Well, you see, here is what I am figuring. I kind of have a financial
interest-
Lehman: Figure it quick because your time is about up.
Dempster: Okay. I kind of have a financial interest but I really don't. My interest is
in downtown Iowa City. Having it still be a reasonable place. I don't run
all you can drink until you fall over specials. I don't particularly attract
the younger people. I don't particularly appreciate adults- the local
doctors, lawyers, etc, and even a couple of local councilmen- being afraid
to come downtown. I don't like having one of my cooks 45 years old
stopped 6 nights out of 10just trying to go on her way home from work. I
don't like my dishwashers and cooks taking taxis home when they haven't
been drinking so they don't get hassled walking in the summer. I have
visited East Berlin too and boy, they've got nobody on the street at night
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but they don't have much more in the daytime either. And I will speak
with some of you privately.
Lehman; Thanks Keith. One more and we are going to be done. Go ahead.
Olson: Okay, I will try and make this brief. I will. My name is Deanna Olson
and I am a former University of Iowa student and I am currently a resident
and voter here in Iowa City. And just as a side note I am also over 21.
My concern is not with the intent of this ordinance as much as perhaps
with some of the procedures that this ordinance outlines or doesn't
specifically outline that you might be using to carry out your intent. In
section 425 I guess my question is how do you plan to enforce these civil
penalties? I guess obviously in relation to section 467 the limitation on
sales the only way that you are going to be able to find out violations of
these ordinances such as selling 2 for 1 specials, out of sight sales, and so
forth seems to me to be directly related to having undercover cops in the
bars. So I guess I would like to be corrected if I am wrong. And also I
guess that one of my main questions is- are we going to see an increased
presence of cops in bars in an undercover role and will these cops be
armed? Are these cops going to also give out tickets and at that point
blow their cover or sting? And I guess I am just throwing out some
questions here. And also will these ordinances be applied to bars that are
over 21 as well because I don't really see- if someone could point out the
reason why that would be necessary I would like to know that as well. My
main concern is with how the police will handle themselves in relation to
this ordinance. And I am afraid that once this occurs where we are seeing
undercover cops perhaps in bars that there could be a possible harmful
backlash inside of the bars. And I believe that the safety of bar patrons
and even the police officers is very important and I would like to urge you
to make sure that this is a top priority when you go back to revise this
ordinance instead of just focusing simply on the moral significance of not
drinking.
Lehman: Thank you.
Kanner: Just one thing- we didn't really discuss how we will enforce some of these
things like drink specials and so forth.
Lehman: We have to get to that. You know, we discussed this briefly for about 20
minutes one day and decided that we would have a public discussion. But
there are a number of issues in this ordinance that we have not addressed-
pitchers, multiple drink sales, specials.
Pfab: Carafes.
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Lehman: I mean, the provisions are there but we have to, as a Council talk about
those things.
Karmer: And how we are going to enforce it7
Lehman: Right. I mean, that will all come up.
Vanderhoef: Will that be coming up at the next work session?
Champion: Maybe after the (can't hear).
Lehman: Well, we will have to do it at a work session. I don't know how soon we
will do that.
O'Donnell: But it is clear we are going to have to extend this.
Lehman; No, I think this discussion is through.
Champion: Yeah.
Lehman: We have heard the same thing for two weeks.
O'Donnell: But you know, I heard some really good things tonight.
Champion: I heard some new things.
Lehman: But I think those are things that we have to address when we talk about it,
and that is why we have the public discussion.
O'Donnell: We do but you need to get into the intention of this and it is to keep a 21
year old from buying 8 pitchers and taking them back to a table where
there is 12 or 14 sixteen year olds. It is not an attempt to- a drink special-
I mean, I think it is irresponsible to sell 21 pitchers for $21 when you are
21.
Lehman: We are going to take five minutes. If you want to stay and discuss this
with Mike go right ahead.
(Break)
Karr: Can we have a motion to accept correspondence7
O'Donnell: So moved.
Champion: So moved.
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Wilbum: Second.
Lehman: Moved by O'Donnell and seconded by Champion. All in favor?
Opposed? Motion carries, except for Connie who voted against her
motion.
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ITEM NO. 13. CONSIDER AN ORDINANCE AMENDING CITY CODE TITLE
14, ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 5,
ENTITLED "BUILDING AND HOUSING," BY ADDING A NEW
ARTICLE K ENTITLED "CONDOMINIUM CONVERSION
CODE" TO ESTABLISH PROCEDURES FOR CONVERSION OF
EXISTING STRUCTURES USED FOR HUMAN HABITATION TO
HORIZONTAL PROPERTY REGIMES (CONDOMINIUMS).
(FIRST CONSIDERATION).
Champion: Move first consideration.
Vanderhoef: Second.
Lehman: Moved by Champion, seconded by Vanderhoef. Discussion?
Pfab: What are the fine details that you are going to tell us about that is in this
law?
Lehman: I don't think- Irvin-
Pfab: That is all right.
Lehman: Roll call.
Pfab: I have to ask- I didn't answer that- what was that?
Lehman: Motion carries.
Pfab: Okay, fine, yes.
Dilkes: I thought I heard you.
Pfab: I (can't hear) voting. No, I was trying to sort out what we were voting on.
Yes. That is fine. And I will vote yes. Officially, so you know that.
Lehman: It still passed.
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ITEM NO. 14. CONSIDER AN ORDINANCE AMENDING TITLE 6, CHAPTER
1 (NUISANCES) OF THE CODE OF ORDINANCES OF THE CITY
OF IOWA CITY BY ADDING STANDARDS AND PROCEDURES
TO CONTROL THE NUMBER OF VEHICLES PARKED,
STORED, PLACED OR KEPT OUTSIDE ON PRIVATE
PROPERTY. (PASS AND ADOPT).
Vanderhoef: Move adoption.
O'Donnell: Second.
Lehman: Moved by Vanderhoef, seconded by O'Donnell. Discussion?
Pfab: I would like to speak to that. I have spent a fair amount of time trying to
sort this through in my own head. I have come to- my own personal
conclusion is that it is probably one of the worst things that we can
possibly do. There are a lot of things about it that make me
uncomfortable. Extremely uncomfortable. I don't know- it gets awful
close to being- pretty close to the border here of being racist and I don't
know if it is but there is no way-
Lehman: Pardon me, Irvin, what is racist about parking cars in your yard?
Pfab: But walking through this whole thing if you go back and study your way
through it. I think that this is maybe piling on. I don't know. That is how
I look at it after I did my investigation as much as I could. So that is my
personal opinion.
Lehman: Other discussion?
O'Donnell: I had a problem originally with this and I didn't really feel we needed an
ordinance for an occasional problem. But, you know, what you do need is
a mechanism or a tool to use when you do have this problem. I am going
to support this. It is a matter of 20 cars or 100 cars. Where do you draw
the line?
Pfab: Could I speak to that Mike?
O'Dounell: Please do.
Pfab: I believe that there are mechanisms and that is instead ofganging up on
your neighbor go help your neighbor out and say hello to them and do
things. This is where neighborhood organizations come in. This is where
one on one a lot of things can be solved here. And I just don't think that
this route was taken here. And I just think this is bad anyway- it smells
bad, it looks bad, and it is bad.
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O'Donnell: That is your opinion.
Lehman: Jim, go ahead.
Walters: I would say Mike that I think there is a tool and the Council very wisely
used that tool this afternoon when you had the issue of an ordinance on
parking in front of mailboxes. You sent it back to Jeff and told him to
work on it. Figure out an answer and come back to us. This is a problem
that you have got in a neighborhood and you can do the same thing. You
can go to your staff, you can go to your community development person
and tell them to go out and do some work on this and come back to us.
Instead you are using a hammer and it doesn't warrant a hammer. You are
divided on it now 4-3 on that last vote and I would strongly encourage you
to do what you did this aRemoon which is let your staff at this again and
see if they can work something out. Mediation is a great thing if you use
it.
Karmer: I would just like to along those lines quote from Steve Atkins' letter in
regards to the mailbox. I think it is apropos for this. He says, "we
encourage neighborhood communication rather than an ordinance. I am
aware you have a neighborhood association and this might be a good topic
for an upcoming newsletter. I will inform the city's neighborhood
services coordinator to approach your neighborhood association about
such an idea". And like the others have said, I think this is the appropriate
route that we might want to go.
Lehman: Go ahead.
Thomas: My name is James Thomas. I live at 131 N. First Avenue. I own the 18
cars and boats at that address. I am a former director- excuse me- a former
dean of admissions at the University of Wisconsin Law School and former
legal advisor for the provost. I am currently a negotiator and a educational
consultant. Now, I mentioned the former because for the last seven years
ending in 1999 1 commuted from Iowa City to Madison Wisconsin on a
weekly basis because I thought the quality of life in Iowa City for the last
17 years had been pretty good. My family and I have resided at 131 N.
First Avenue since 1989. When we moved into the house we moved in
with 11 cars and boats. There was a list that was developed someone in
the City Manager's office-
Pfab: I believe that was at my request. Is that fight?
Atkins: Yes.
Pfab: I wanted to know that.
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Thomas: -that contains the chronology that both- some of it is in encor. But
primarily we talk about a complaint being received August of 1998. Nine
years after we moved into the house with 11 cars- or 12 cars and boats. I
would like to know why after nine years- and this strikes right in the face
of something unusual and you say that might not be the question. The fact
of it is there are other problems on First Avenue and (can't hear) in
particular. Primarily this City Council went it developed (can't hear) and
the city negotiated a sidewalk that runs on the north side of my property.
That sidewalk has easement rights on that property. I own the property
and the sidewalk is public. From that 434-foot sidewalk I have no
privacy. So whatever I do in my backyard is obvious to whoever uses that
sidewalk. It took people nine years in that subdivision to decide how they
wanted to approach me because of some fundamental differences. Not
once- not once in 11 years has any neighbor said anything to me about a
car. Not once has anyone written any document and mailed it to me about
a car. Not once has the neighborhood association agreed to pay for the
maintenance and the upkeep of that sidewalk area. So for the 11- so for
the past 11 years- and it is all related. So for the past 11 years we as the
default owner maintained that entire 433 feet. Now, that sidewalk is going
to come up for repairs sometime soon. Who is going to pay for it.'? The
City Council decided that each property owner who had a (can't hear)
share in the responsibility would share in the maintenance and the upkeep.
But who does it? The owners at 131. Now the problem is I am not going
to run those people down and tell them what they need to do. That is in
the covenant. We all received a copy of it. Nine years later someone
decided that they could file an anonymous complaint about parking on the
grass. Well I had nine years of history of parking on the grass and you
know why? I had no idea you had to have concrete on an approved
surface in your yard. There is a list here that talks about the number of
times that the city reacting to the anonymous complaints came to correct
this problem. You know why? You are looking at $11,000 worth of
concrete. You know, there is a part in here that also says something about
there is four different times where there were complaints filed. Each one
of them was an anonymous complaint. Each time I asked the housing
department who was complaining he wouldn't tell me who the party is but
I was left with the assumption that it is a single complainer. Now, if the
City of Iowa City wants to enforce and create and ordinance based on a
single complainer against a single household because of the neighborhood
is having difficulty that is fine. I have yet to see your neighborhood
officer, whoever is supposed to govern these kinds of things. I gave each
one of you council people in October a thick document, in October that
contained all this information. How many of you read it? I want to thank
Steve Kanner, Ross Wilburn, and Irvin Pfab for taking the time to contact
me. The other four or five of you- four of you- I haven't heard from you.
I sent you emails. Several phone numbers including a cell phone number.
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I am accessible. I will answer any question that you want answered. But
the one thing that I do say is you are going to mn into a problem with this
ordinance because how are you going to enforce it? Are you going to
have sting operations in peoples' houses to determine how many licensed
drivers there are? And if you exceed that number how are you going to
enforce it? Who are you going to arrest? How are you going to give them
citations? Think about what you are doing people because you just may
be on your way to creating a Stalin-like environment all over again.
Kanner: Eleanor, is it the property owner that would receive the citation if they are
found to be guilty of having too many cars?
Dilkes: It would- normally it would be a notice of violation that would go out and
then if it wasn't remedied typically they do a 30 day period and then there
would be the citation to the property owner.
Kanner: The property owner?
Dilkes: Yeah. Or it could be to the- if it was a rented property it could be to a
tenant.
Kanner: And if there was a complaint would it be the building inspector that would
go to ascertain if there were more than 4 licensed drivers? Or would it be
the police?
Dilkes: I think that is something that Housing and Inspection Services would
handle most likely.
Kanner: They would ask to see drivers licenses?
Dilkes: I can't address that Steven. I don't know who-
Thomas: But you created the ordinance, you should know that. If you create an
ordinance-
Lehman: Would you speak in the microphone please because it is recorded.
Dilkes: In terms of enforcement I think those questions can best be addressed by
Doug Boothroy whose department will enforce this ordinance. As to who
he sends out there to do the inspection I would assume it will be his
department and not the police department. I don't know who within his
department will be doing that.
Thomas: But it seems to me- excuse me- it seems to me if you are going to create
an ordinance that is going to have the same kind of enforceability as the
one of parking on unapproved surfaces that is subject to discretionary
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enforcement based on anonymous complaints, you need to know who is
going to do the checks. And if they are going to do the checks the
question still is are your housing inspectors going to request drivers
licenses to ascertain whether or not you have exceeded the number of
parked cars on the property. But see- listen- let me finish saying this first
of all. If someone had simply asked what was going on I could have told
them. This piece that you requested about the change in garage size- the
change in garage size was based on the fact that I was consolidating
everything that I have been collecting for the last 28 years in one place
because I live here. If someone had asked why did the garage size change
from a 30 by 60 to a 40 by 70, it was because I was told that I could build-
the 30 by 60 was not going to be large enough and the 44 by 70 was going
to exceed the square footage that was allowed. But the whole idea is
before I could even pull that permit I had neighbors in that neighborhood
complaining about the size of the garage. I am sorry? As well as the
concrete. When the concrete was being poured. My neighbors wanted to
know what I was doing. It is none of their dam business. I own almost
two acres in there. If I can't put- look, first of all, I haven't come before
you all before because I have always been told from biblical principle if
you are right you don't have to argue. You don't have to defend yourself.
But here I am up here talking to you people about things that I really don't
care about what you think. Public opinion does not affect me at all. One
thing I do know is you are wrong to create an ordinance that criminalizes
what I do because what I did before I complied with the law. Now, if you
want to create an ordinance that now criminalizes what I do, think about it.
You got it on public record.
Champion: That is the problem that I have with this ordinance right now is that we are
creating an ordinance- and although I am in favor of the ordinance I might
have to ask to defer it. The reason is that when we do ordinances- for
instance, when we did the neighborhood conservation designation of
Lucas or whatever those street were the reason that was done was because
of that big ugly monstrous apartment building that was built there. But we
did that ordinance but we didn't say that that apartment building had to
come down. And I got to thinking about this ordinance and I would-
personally I wouldn't like your collection of cars in my backyard okay?
Thomas: They are not in your backyard.
Champion: I know, but I wouldn't like it. But what bothers me about the ordinance is
that we are criminalizing something that is already there that was legally
put there- the amount of concrete or whatever. So I am having some
problems with this ordinance for that very reason that all of a sudden we
are saying to you that we don't like what you have done so therefore we
are going to make you undo it. We didn't say you are moving here and
you can't do that here. We are saying that you are already here and now
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what you are doing is illegal. And I have real problems with that. That is
the only problem I have with this ordinance. It is that we are making it
retroactive so to speak.
Thomas: I will tell you what it amount to. It is a fourth amendment violation in
terms of your determining what is going on within my house as far as
licensed drivers. You take away this right and it is the fifth amendment
taken. And what you are doing is you are doing it after the fact. This
process of what I have done at 131 started in 1989. Nine years later
someone decides that they are going to amount this attack from the
standpoint of continuing all these other forays. If the Chief was still here,
I got a list twice as long as the one you got from the City Manager from
vandalism, from tom down mailboxes, from stuff being thrown up against
the house, from windshields being shot out. I don't complain. As a matter
of fact, I try not to push the racist button. But what else is it? We have
tried to cope. My wife has been talked to like she was a dog when people
walk through the property. Just on Friday a guy was in the yard taking
pictures. (Can't hear) police officer came by to say yes he was. Here are
his footprints in the snow. They led right up to a (can't hear) house. So
when you talk about- Mayor, you talked about challenges and
opportunities- all we would really like to have at 131 is quiet enjoyment of
our property. And I think (can't hear) do that because you know we pay
quite a bit in property taxes. I am a citizen too. No one other than those
three councilmen even bothered to ask us what was going on. That is
what pissed me off.
Vanderhoef: I think there is a history of changing things in our city that we have made
rules on that affected previous actions. One of them that comes to mind is
when recreational vehicles parked in driveways for permanent parking-
when that ordinance was written back in the '80's-
Champion: What ordinance?
Vanderhoef: Recreational vehicles or motor homes parked in driveways. And they
finally outlawed those to be in your driveway on a full time basis. It was
long before they had oversized garages and people complained that they
couldn't see down their street because 0fall these big vehicles. So an
ordinance was made to-
Champion: But that was a safety issue.
Lehman: It was.
Champion: That is a whole different-
Vanderhoef: Not necessarily.
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Lehman: It was.
Vanderhoef: It was partly safety but partly also that those who were parked right up
next to the garage it wasn't a safety issue.
O'Donnell: Also on Govemor and Lucas we did take property and we downzoned it.
And people had bought that with the intention of putting up an eight or
twelve-plex and now they can just put up a duplex.
Champion: (Can't hear).
O'Donnell: And also if you don't mow your yard in Iowa City it becomes a nuisance
to others and we mow it. And if you don't shovel the snow we shovel it
and bill you. I have to support this. I would not like this next to me.
Lehman: I really do not like this. It bothers me a great deal.
Champion: Then why are we doing it?
Lehman: No, no. What is happening there bothers me more than voting for this
ordinance. And I think after we look at this situation if we choose not to
pass the ordinance what we basically are saying is that you can park 17
cars in your yard no matter where you live in this community. I don't
know how we enforce this. Maybe it is grandfathered in and he can keep
his cars. I don't know. However, I think the neighbors are never going to
be accepting of that sort of thing next door. Whether this is legal or illegal
and the activities that Mr. Thomas complained about are not activities that
are probably going to cease whether or not we pass this ordinance. They
are only going to cease when the cars are gone. I feel we have to do this.
I find it very onerous but I think the situation out there demands that we
do something.
Pfab: I think I would encourage you to- if you think you have to vote for this
ordinance I think it would behoove you to go talk to Mr. Thomas, go look
around the neighborhood, and just put yourself in his position. I think you
will understand something that maybe you don't understand now.
Lehman: We had a similar situation on St. Aune's Drive- I believe that is the right
address. We had a situation where we had folks who lived them who
chose to accumulate junk and they accumulated more and more junk. And
we went out and we cleaned it out. We hauled it away. And we charged
the property owners. We cleaned it all up. The junk started to accumulate
again and we have had to do the same thing. It is basically a very similar
situation.
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Pfab: I know the situation. I know the situation very well. I have known it for
years and years and years. I don't think that those people out there poured
very much concrete for anything like that. And I think this is a totally,
totally different issue.
Lehman: I think they are both nuisance issues.
Pfab: I won't touch this thing with a 100-foot pole.
Dilkes: I want to comment on the enforcement issue. Number one, the question
that was raised earlier. If we would proceed to a municipal infraction of
this we would want to make sure all the elements are satisfied. So we
would want to have some- we would want to- if we are proceeding with it
we would want some proof of the number of licensed drivers and that kind
of thing. Secondly, I don't think- I mean, as I understand it, the intent of
housing will be to proceed with enforcement with respect to Mr. Thomas.
So we shouldn't be under any illusion that that is not going to happen.
This ordinance is being written for that purpose. He may make a
grandfathering argument but I think that typically doesn't apply in
nuisance situations. But I just want everyone to be clear that that is what
will happen after this ordinance passes because the ordinance is being
written for this situation.
Champion: Most of you are in favor of this ordinance~ including myself up until right
now and I am having some last minute reservations about it- what is the
nuisance of it? It is any more of a nuisance that he has 18 cars than if I
had 18 plastic green flamingos in my front yard. I mean, I think Karin
Kubby's analogy of that was pretty good. Or is it- what if I just liked to
paint my big white giant house bright chartreuse and my neighbors didn't
like it? Which they probably wouldn't. I mean, I am starting to wonder if
we are getting into what is aesthetically pleasing and what is aesthetically
pleasing to my neighbor. And I really have to think about this again. I
really do because I am kind of wondering what territory we are stepping
into here. What is the nuisance factor of those cars except you don't like
looking at them?
Lehman: The same thing goes with the junkyard next door.
Champion: No- (can't hear).
Lehman: Or the grass that grows up.
Champion: Well, you can (can't hear).
Lehman: Or (can't hear) weeds.
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Champion: No, you could plead health with that.
Lehman: Health with weeds?
Champion: Oh, yeah you would have varmints. You would have rats and mice and
they carry diseases.
Lehman: You could put on all kinds of stuff and kill all the varmints.
Champion: Then you have all the environmentalists on your back and then we have
water endangerment.
Lehman: Never mind.
Pfab: I would like to address something that Mike mentioned here about
restricting the value or the opportunities when we downzoned. But we
didn't write them a ticket after we downzoned them Mike.
O'Donnell: Irvin, I don't see what that possibly has to do with this. When you've got
a real estate backgrotmd- if you buy a lot that is built for a twelve-plex and
I tell you you can only build a duplex on it do you think I have done
something?
Pfab: Let me ask you this. I don't know the answer- just to follow your
example. I am just saying you made a good statement and a good point
but if you go one step farther you are not writing the ticket even after you
pass this ordinance saying that they can't build as much as they thought
they could when the (can't hear). The next question is-
O'Donnell: That is exactly what we are doing.
Pfab: How close is the closest neighbor to the cars of the people?
O'Donnell: Have you driven out and looked at this?
Pfab: Yes.
O'Dormell: I have too. And I have a problem with 22 cars in the front yard. If 22
doesn't bother you would 32, 42, or 52?
Pfab: I sure didn't see 22 there. I saw cars there.
O'Dormell: There were 22 cars there a couple of Saturdays ago.
Lehman: At last count it was 17.
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O'Donnell: Last count is 17 but whether it is 27 or 101 when do we say this is (can't
hear)?
Pfab: I went by it a couple of times and I certainly didn't count that many.
O'Donnell: Well, I did.
Lehman: What is your pleasure folks?
Champion: Could I- I don't know if I have the (can't hear) but I would like to move to
defer this so I have time to really think about this because I have really in
the past couple of days~ although I reluctantly have supported it and I have
said that all along- I would like to support it because I really do feel for the
neighbors but I am also having trouble working this out in my mind. And
I really need- if we- I really do need to think about it.
Pfab: Connie? I would like to address that. I think I would be- if it means that
we postpone this or delay it or whatever procedure we use, that is okay. I
would rather not. I think these people have been harangued long enough.
And I think it would be nice to say no and get on with our lives.
Lehman: Irvin, I don't disagree with you but I believe that if we do not take action
those people are going to be continually harangued anyway. That
situation is not going to change.
Pfab: I absolutely disagree with you. Personally- that is my own personal
feeling. But, I mean, I am not saying you are wrong. I don't think so.
Kanner: Did you make a proposal Connie?
Vanderhoef: For me it has been a situation that I look and it has been close to three
years that this has continued on and it has been a problem. It has not been
addressed other than by the city coming out and saying these are the things
that you can and can't do. When the next one shows up it is a situation of
is it another three years and another neighborhood? I just think it is time
to move on to pass the ordinance and get moving.
O'Donnell: I agree.
Champion: But he has been there nine years.
Vanderhoef: But there has been contact with this issue for three. And nothing has
changed other than maybe more vehicles.
Pfab: I guess maybe if you had to error on one side or the other I think I would
error on the side on maybe- even if it was an error- to error on the side of
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not doing anything. I think it is the wiser choice. That is my opinion and
I know you respect mine and I respect yours.
Lehman: So what are we going to do?
O'Donnell: I support this.
Lehman: I mean, are we going to act on this this evening? Are there-
Champion: I didn't get a second to my motion.
Lehman: Connie has a motion to defer to the next meeting. Is there a second?
Kanner: I will second.
Lehman: I have a motion and a second to defer.
Karr: I am sorry, who seconded?
Lehman: Steven.
Karr: Steven, thank you.
Lehman: All those in favor of the motion to defer-
Wilburn: Connie, let me ask you are you during this time to think about it with the
deferral would you be looking for more information or do you just need to
personally sort it out?
Champion: I need to sort it out.
Pfab: Okay, let me ask you this. Okay, so you say I have all the information I
want?
Champion: I might not have all the information I want. I need- I just- you know, I
totally- I have supported this in the past. I supported the last two votes. I
don't want to kill the ordinance. I need to sort this out. I am starting to
feel- I am starting to feel- I think Ross started me thinking at the last
meeting when he talked about that this is not a problem of- Ross what did
you say- health and welfare or safety.
Wilburn: Health and safety. Aesthetics are what we are talking about earlier.
Champion: That really got me to start thinking about it. And then I got sidetracked
with other things.
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Lehman: Are there four or more people who would like to defer to Connie and think
about this until the next meeting? All those in favor of the motion to defer
raise your hand please so I can count them. One, two, three, we have four.
Let's go five. Let's go- the motion to defer passes. I will vote for the
motion to defer. I won't vote for the motion to defeat. All right until the
next meeting- we've got six.
Dilkes: We are going to want to know your votes.
Lehman: We got seven.
Dilkes: To defer?
Lehman: To defer to the next meeting which is the 5th Of March.
O'Donnell: I think that was totally unnecessary Emie. We only need four.
Lehman: I think it is much better to have- we don't get solid votes on some things.
It is nice to have them once in a while.
O'Donnell: Fine.
Karr: Could I have a motion to accept correspondence?
Champion: Thank you very much.
Vanderhoef: So moved.
Lehman: Move to accept correspondence by Vanderhoef.
Pfab: I didn't realize you didn't have a second or I would have.
Lehman: Do we have a second?
O'Donnell: I will second that.
Lehman: Seconded by O'Donnell. All in favor of the motion say "aye".
Kanner: Wait, wait.
Wilburn: It is to accept correspondence.
Kanner: What correspondence are we getting?
Karr: From Karen Kubby that was included in the packets. (Changed tapes)
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ITEM NO. 16. CONSIDER CITY OF IOWA CITY LAW ENFORCEMENT NON-
DISCRIMINATION RESOLUTION.
Wilbum: So moved.
O'Donnell: Second.
Lehman: Moved by Wilbum, seconded by O'Donnell. Discussion?
Wilbum: Just briefly just to point out- the Iowa City police department was the first
in the state and one of the few police departments in the country to begin
looking at racial profiling and kind of put together a package to provide
some type of self evaluation or self examination. So I think it is important
that we affirm the efforts of the Iowa City police department in doing so
that we take a position against racial profiling as a Council and encourage
other jurisdictions to look at their practices, trainings, etc, etc.
Pfab: Ernie? In respect to Ross's desire to have this passed in Black History
Month I will not ask for a deferral. I will vote no because I don't think it
is strong enough and it is too fuzzy. So I am going to vote no. But I
would rather defer it and rewrite it so it is more focused.
Champion: No, Irvin, you are going to vote for this.
Pfab: No, I am going to vote against it. it is not focused enough.
Champion: (Can't hear).
Lehman: Is the motion the one- the amended copy that you passed out tonight?
Wilburn: Yes.
O'Donnell: I think it is a tremendous (can't hear) and I will support it.
Pfab: I won't. It is not harsh enough.
Kanner: I support the basic outline of what is proposed in here as a resolution but I
would like to offer some amendments to make it stronger and to put
perhaps a little more teeth in there. I think it is important to have a few of
these amendments. One: Resolved that an outside independent and
qualified agency will be hired to analyze the local statistics compiled
regarding racial profiling; and be it further-. Resolved that the Iowa City
Police Department' s representative will make regular reports, and
discussion on their findings regarding racial profiling to the Iowa City
Police Citizen's Review Board and/or the Human Rights Commission and
the City Council. Resolved that the City of Iowa City will be more
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assertive in its recruitment of minority and women applicants for Iowa
City Police & Firefighters Civil Service positions. And be it further
resolved that the City of Iowa City will initiate a fact-finding study and/or
ad hoc committee to study the history of discriminatory hiring practices
(or lack thereof) of minorities and women for Police and Fire fighter
positions in order to ascertain if an affirmative action policy should be
enacted by City Council. And I would offer these as four separate
amendments.
Lehman: Is there a second?
Pfab: I will second it but I think it proves my point that it makes a bad situation
worse.
Karr: One at a time then?
Kanner: Yeah.
Karr: Okay, so move- you want to do one at a time.
Lehman: What is the first one?
Karmer: Each paragraph as people have a copy of this.
Lehman: The first on is that we have an outside agency of some sort to report to-
Kanner: Analyze the statistics.
Lehman: All right. Discussion on that item?
Champion: My discussion is simply if we can group them since we discussed them at
the work session this aftemoon and Ross is not in favor of these
amendments and I kind of consider this resolution his- has his full support
the way it was. He gave logical reasons for us not to accept these
amendments. So I would like to amend the motion that we include all of
the amendments on one motion.
Dilkes: That is not-
Champion: You can't do that?
Lehman: We can't do that. In order- okay- the first- I am sorry.
Vanderhoef: I agree with what Connie is saying because for me what Ross has
presented is a policy for the city and not trying to dictate the practices
within the policy. And that was Ross's point this afternoon. And I fully
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agree with that. And it is not to say that some of the things that you are
asking for are wrong it is just a matter that I don't think they belong in this
policy statement.
Wilburn: But some of those things have happened and are going to continue. In fact
it is to my understanding that (can't hear) Jackson and the Chief are
putting together a community presentation related to profiling. Is that
correct? Okay, so I think there is room and understanding on their part
what we would like to see happen. Also, in terms of- does this one
include reports? Is that this (can't hear)?
Pfab: Could I speak to this?
Wilbum: I am not quite finished yet. The first one you said, does that include
reports? Who the reports go to?
Lehman: Outside independent-
Wilbum: Okay, I will stop right there.
Karmer: (can't hear) independent person. I think this is just cutting the potato
different ways. Someone else said before that one could say that we don't
need the ordinances Ross and others have proposed that we can do without
that because it is already happening. I think that to be more than just
broad generalists I think we need to have something that is more specific
that doesn't outline exactly how it is going to take place but gives a
broader outline. I would make the argument that it isn't being too
specific. It is in the tradition of the rest of the ordinance. And further
conveying the thoughts of what the council majority might like.
Wilbum: I think that if these things aren't happening, if we are not satisfied with the
analysis then we can give further direction at a later date.
Lehman: I also think that we have a PCRB that can really serve that function. Is
there further discussion on that amendment?
Pfab: Could I speak to that? Ross, do you suppose that we could put this on life
support to save it-
Lehman: We are talking about the outside agency that wants to-
Wilburn: I am confident that this issue will pass. That this resolution will be
supported and the main point of this being that we are making a statement
that we do not support racial profiling and that the local- that our police
department will continue its efforts and that we encourage other
jurisdictions and other communities to do the same.
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Pfab: Would you accept the- we are voting on- we are discussing a motion
right?
Lehman: We are discussing an amendment that would require that there be an
outside qualified agency hired to analyze the local statistics compiled
regarding racial profiling.
Pfab: I think that would be a good idea.
Lehman: All in favor of the amendment say "aye". Opposed say "aye". The
amendment is defeated 5-2, Kanner and Pfab voting in the affirmative.
The second amendment is be resolved that the Iowa City Police
Department' s representative will make regular reports, and discussion on
their findings regarding racial profiling to the Iowa City Police Citizen's
Review Board and/or the Human Rights Commission and the City
Council. That is the second amendment. Discussion?
Karr: I need a motion. Each one is separate.
Kanner: So moved.
Karr: Well, Steven it is (can't hear).
Kanner: So moved as an amendment.
Lehman: Moved by Steven. Is there a second?
Pfab: I will second it.
Lehman: There is a movement and a second. Is there discussion on that one?
Wilbum: I won't support this because as I said before I think this- I am getting
tired-
Lehman: That is fine. I think we hear you.
Wilbum: I think some of these things- we can always ask for a report. We have
been getting reports. If we need a report we can say give us a report. I
saw in the paper today that the PCRB they are taking a look at profiling
and they are going to hear some presentations from some of the
University. Of course staff are putting together some type of presentation
for the comn~unity. I think these things can happen. They are logistical
things that will go along with the policy. Our policy will not preclude
those things from happening. And again, if they aren't happening then we
can give further direction later on that they should be happening.
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Vanderhoef: And regular reports without the statistical analysis can be misinterpreted
very easily so I find one and two are very closely connected and to have a
report that doesn't have an expert looking at the statistical part of it is not
what I want.
Lehman; All in favor of the second amendment say "aye". Opposed say "aye".
Motion is defeated 5-2, Kanner and Pfab voting in the affirmative.
Pfab: Can I offer a motion now between Steven's?
Champion: No, (can't hear).
Lehman: Actually we have a motion on the floor to approve the resolution as
presented by Ross. There have been two amendments presented both of
which have been defeated. Now, I understand that you would like to make
a third amendment.
Kanner: A third and a fourth.
Pfab: Could I make a motion prior to his amendments?
Lehman: The floor is open. Make a motion.
Pfab: I would like to move that the City Council tonight goes on record
opposing racial profiling-
Lehman: You can't make a motion- no, you can amend a motion but you can't-
Pfab: Amend the motion to state that we are opposed to it and details will be
worked out with a committee and the details will be worked out.
O'Donnell: Let's not do anything too complicated. (Can't hear).
Pfab: That is why I was going to keep it simple and say that we oppose it.
Lehman: There is no second to your amendment. Would you like to make your
third amendment Steven?
Kanner: So moved on the third paragraph.
Lehman: All fight, the third paragraph. It involves the recruitment ofminofity and
women applicants into Iowa City police and firefighter and civil service
positions, which in my opinion has absolutely nothing to do with racial
profiling. Is there a second to that amendment?
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Pfab: I will second it so we can discuss it.
Kanner: Emie, I will tell you the connection. I think that racial profiling obviously
is based on the assumption that there is racism that is taking place. And
one way to over come in part some of this racism is to increase minority
positions and women's positions traditionally- people that have
traditionally been kept out of some police and fire departments. And I
looked at the civil service records of who took the tests and the
percentages were under- the percentages for minorities and women that
were represented were under the percentages of our city and county. And
so I think it is worthwhile for us to come out with a statement that says
that we would like to be more assertive in going out and recruiting
minorities and women. And I know that we do make some efforts and I
think that we can do even a better job in this area.
Lehman: I think the- well, okay.
Wilburn: I will not support this amendment because I think that because of the
resolution that I put forth the focus is on racial profiling and these are
related to hiring practices which could be considered at another time or I
have no problem with- if there is a place where I think that law
enforcement and city departments should be- either presentation or job
fair, sending someone to a group to- making individual personal contacts-
I believe that if I were to make a recommendation to Chief Winkelhake or
any other particular city departments to go to a particular group or talk to a
particular individual about someone that might want to be included in
applying in the pool of applicants that that will happen. One would also
hope that by increasing minority representation that that would reduce the
possibility of racial profiling but I can think of anecdotal evidence that-
there is an assumption that different minority groups do not discriminate
or have stereotyped biases against other persons of color which I can think
of anecdotal evidence of where that does happen. So for those reasons I
will not support this as part of the anti-discrimination-.
Lehman: All in favor of the amendment as presented say "aye". Opposed same
sign. The motion is defeated 5-2, Karmer and Pfab voting in the
affirmative.
Kanner: So moved on the fourth paragraph as an amendment to the resolution.
Lehman: Is there a second to that amendment?
Pfab: I will second it (can't hear).
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Lehman: Seconded by Pfab. Again, that is an amendment relating to the practice of
hiring. Not having any relationship in my opinion to the purpose of this
ordinance, which is racial profiling.
Wilburn: And I will not support this for the reasons I gave prior.
Lehman: All in favor of that amendment say "aye". Opposed? The motion is
defeated, 5-2, Kanner and Pfab voting in the affirmative. Is there any
discussion on the original motion as presented? Roll call. The motion
carries 6-1, Pfab voting no.
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ITEM NO. 19. CITY COUNCIL INFORMATION.
Kanner: I will go. One- just mention that I went to the Johnson County Task Force
Mixer. That was postponed from December. That was very nice and I
enjoyed that. And also last week I rode with one of the police officers the
late night shift and I want to comment that officer for the way that he
handled himself. And I appreciated being able to go along with the officer
and see how they handled an OWI and a loud party complaint- loud noise
complaint. And just finally I am concerned about the raid on the Hemp
Cat that was mentioned earlier where there 40 law enforcement agencies
from federal, the DEA and the postal service, I understand, and state and
local. And my understanding is there is still no charges against the owner
of the Hemp Cat. Apparently they confiscated his computer equipment
and took smoking paraphernalia. The warrant- I am not sure if this is true-
I heard that the warrant had been out for a long period of time, possibly up
to two years. And I don't think that we want to be known as a city where
these kinds of things happen. And I think we need to take leadership as a
Council and put out some sort of statement that has concerns about the
way this is happening. If this person committed a crime of dealing drugs
he needs to be charged but this invasion of his home and his business and
possible abuse of the fourth amendment of the constitution I think is
something that we want to speak out loudly against. And I would ask the
Council to take a look into this and see if it warrants some sort of
statement by the Council.
Lehman: (Can't hear).
Champion: It is too late.
Lehman: Dee?
Vanderhoef: Just one thing. In the packets you get Thursday I have put in the National
League of Cities hot issues for all of the policy committees. I will be
attending the convention and if you have any input for me for any of these
committees let me know.
O'Donnell: One quick thing. What is our policy Steve on parking like in a residential
area in a no parking zone? What is our policy as far as ticketing?
Atkins: I would probably say nine times out often, Mike, it involves a complaint.
Someone will call in and we will dispatch a CSO. And if there is a
parking violation we will ticket that car and we will usually check up and
down the whole block.
O'Donnell: On Walden Drive - Walden Drive off of Mormon Trek. It is a situation
where there are cars parked on one side in a no parking zone and the street
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is wide enough for two cars. And it is affecting the snow removal. It is a
frequent occurrence. I would like to take a look at that.
Atkins: They will be out tomorrow.
Champion: I will bring up this one little thing since I was (can't hear). I really got on
the back about the parking on Govemor and Burlington. We just put up a
no parking sign from here to the comer but there are cars parked there
constantly. And I think we either have to enforce that or do not allow a
right turn on red. One or the other would make me happy. You just can't
see the cars coming.
Lehman: Irvin?
Atkins: They will be out there tomorrow.
Pfab: No, nothing tonight at this time.
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ITEM NO. 20. REPORT ON ITEMS FROM CITY STAFF.
a. City Attorney.
Dilkes: I should have asked you this at the end of the alcohol discussion but when
do want to put that back on for a work session? Remember that March 5
is a shortened- it is combined and it is short.
Lehman: The second meeting in March.
Dilkes: So the next one would be March 19.
Lehman: March 19.
Dilkes: For you to talk about alcohol issues again.
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