HomeMy WebLinkAbout2009-12-01 TranscriptionITEM 2. OUTSTANDING STUDENT CITIZENSHIP AWARDS -Lincoln
Elementary
Bailey: Will the students from Lincoln Elementary please come forward. (away from
mic) We're glad you're here today and we're looking forward to hearing your
statements about why you've been chosen by your school for a citizenship award.
Who's going to start?
Dawson: Hi, my name is Quinn Dawson and I have been a student of Lincoln since
kindergarten. Some of the ways that I have been involved at Lincoln include
playing the trombone in band, serving in the student council, being on our safety
patrol, helping read to kindergartners, and working on our school's memory book.
I have also represented Lincoln in chess tournaments and kicker soccer. In
addition to these specific activities, I try to be generally helpful to my teachers
and classmates. I'd like to thank the teachers and administrators of Lincoln for
choosing me for this award. Thank you. (applause)
Shoultz: Hi, my name is Natalie Shoultz. I think I was chosen for this award because in
school I participate in many things. These include serving lunch, playing in the
school band, volunteering for safety patrol, editing the school
newspap...newsletter, and reading to kindergartners. I enjoy doing these things
because they make me feel more involved with my school, and they allow me to
meet younger students. Being involved in these activities have made me realize
that I would like to be a teacher when I grow up. Thank you to the teachers and
my principal for nominating me, and the City Council for this recognition.
(applause)
Hill: Hello, my name is Terra Hill. I'd like to thank Mrs. Cleric and the teachers of
Lincoln School for selecting me to receive an outstanding student citizen award.
Some of the reasons I think they picked me are: I'm courteous to my teachers and
classmates, I listen to and follow directions, I participate in student activities such
as student council, I work well with others, and I enjoy helping others with
problems. Once again, I'd like to thank my teachers for choosing me and my
parents for supporting me. (applause)
Bailey: You are three very, very busy people. Thank you very much for sharing all of
that...with us. We have an award for you, and I'm going to read one of them. Of
course they all have your own name on them. This is a citizenship award for your
outstanding qualities of leadership within Lincoln Elementary, as well as the
community, and for your sense of responsibility and helpfulness to others, we
recognize you as an outstanding student citizen. Your community is proud of
you, and this is presented by the Iowa City City Council. (away from mic)
(applause)
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
2
ITEM 3. PRESENTATION.
a) City High Football Team Championship Recognition
Bailey: Okay, next we have a very, very special presentation to the City High football
team for their championship. For their show of great teamwork, sportsmanship,
and success, we recognize the members of the 2009 City High football team.
Congratulations on achieving a State championship. Your community is proud of
you, and this is presented by the Iowa City City Council. Please come forward.
Karr: And here to introduce is...is coach and the captains of the championship team.
(applause)
Sabers: Thank you very much for having us, uh, it's certainly been a wonderful journey to
be associated with so many great students and student athletes at City High, and
everything that's going on and so, uh, we certainly appreciate this, uh,
congratulations to the Lincoln students. I think some of my guys might be a little
more nervous than they were for the state championship game, following the great
job that you guys did, but thank you very much! (laughter) (applause)
Ritter: Hi, I'm Tim Ritter.
Tvedte: Matt Tvedte.
Jordan: Ellis Jordan.
Reuter: Nick Reuter.
Sabers: These are four of the captains. We've had a couple other captains that are busy
with other things. Some of them are already involved in other sports and things
like that tonight, as well, but uh, it was a great ride and it's great to be honored
here tonight. Thank you. (applause) (several talking)
Bailey: Congratulations! Thanks for being here. Congratulations! (several talking)
Hayek: I'm still waiting on Coach Sabers to retire my number! (laughter)
Bailey: I was just shocked to learn that you played football, Matt, I mean! It's a very, uh,
interesting thing to learn!
Hayek: Still waiting on Coach Sabers to retire my number! (unable to hear person away
from mic) You haven't retired my number yet! (unable to hear person away from
mic) (laughter and several talking)
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
3
O'Donnell: I don't think there's enough time, Matt. (unable to hear person away from mic)
(laughter)
ITEM 3. PRESENTATION
Bailey: Okay, next we have a presentation from, um, Joe Raso of ICAD. As...as
everyone knows we are (garbled) in the Iowa City Area Development Group and
so this is an annual report by the activity...about the activities of that group. Joe?
Raso: Thank you. I want to just take a second and hand out, uh, our existing industry
report. I want to talk for a few minutes about that, uh, here with my comments.
As I just mentioned, uh, the...the focal point of my comments to you, my brief
comments, uh, this evening will be, um, really on...on the topic that's probably
the most important economic development work that we do and that is focusing
on our existing industry. Uh, 70% of the economic growth of any economy is
really dependent on the growth of the existing interstate commerce companies in
that market, and the subsequent multiplier of...of those companies, uh, dollars
and business-to-business relationships. So what I want to do is just, uh, take a...a
minute here this evening, see if I get this working...there we go. And...and really
cover five items with you this evening. The first is, uh, for you and...and
everybody here and, uh, listening and watching, uh, who are our clients, who we
interviewed as part of this process. We do this every year, um, throughout the
service territory that we have, uh, so I wanted to make sure everybody recognizes
the companies that we serve. Also talk about the data, some of the key
performance indicators that came out of the information from this year's survey,
take a look at, uh, our client's view of the area workforce, from the most
important components of, uh, any part of the economy when it comes to
companies looking to locate and stay in the market. Fourth, our clients'
satisfaction with our community's business climate, and there are 30 different
factors that go into the, uh, information that we ask on behalf of our clients, and
I'll share with you some of the highlights from that, and then finally what ICAD
Group, what our organization is doing with this data to not only address our
existing companies, but help in the other work that we do. Now, the...the report
that you have in front of you, uh, is really a document that talks about the growth
potential and the satisfaction of our companies here in the community. We
conducted over 60 interviews, uh, in this, uh, year, uh, with our clients throughout
our service territory. Now, 24 of those companies are located right here in Iowa
City and that's what this report is about. The other, um, 36 companies will not be
represented in my comments tonight. Uh, there will be some data from the area
so you can have some comparisons to how Iowa City compares as a community to
our entire service area, and then to national data. The interview, uh, system that
we used is used across the nation by hundreds of communities, and there are well
over 15,000 executive interviews that go into the database of information that I'll
be, uh, referring to. Now one of the things that I did want to report to you tonight
is that the total employment of those clients here in Iowa City is, uh, just over
5,300 workers, uh, here in Iowa City, uh, unfortunately, and this is the impact that
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
4
we see across the country over the last 12 to 18 months is, uh, that the
national/international economy has even hit our market, uh, with our clients we've
seen a net loss from last year to this year of a little over 345, uh, positions, but the
positive side to all of this is that those same companies, uh, have an expectation to
hire well over 650 people here in the next few years, and there are many unfilled
positions that are still out there, uh, with these, uh, businesses. Now this is a list,
uh, so everybody has an understanding of, uh, the clients that we have in our
market. You can see that these are companies that represent a variety of industry
sectors, but also a variety of, uh, employment levels. We have some companies
that might only employ a couple people, up to others that employ well over a
thousand. Uh, the key here is that they do interstate commerce as...as their core
business. Now looking at some of the key performance indicators. Just wanted to
share a few in your report you have, I believe it's on page...uh, 2 of the report.
There are nine indicators that are in there, and for anybody here, uh, today,
tonight or who will be listening on TV, they can go to, uh,
iowcityareadevelopment.com, our web site, and uh, be able to pull up the full
report from the entire region. If they have any additional questions they can
always email or call our office. But there are four of the nine that I really wanted
to point out, because I think they're important indicators and really send a strong
signal about our market, not only internally, but externally. The first is, when
we've asked our companies about their expansion plans over the next three years,
75% of the Iowa City clients that we have indicated that they do expect to expand
their operation. That could be additional purchases of capital, expansion of their
facility, or adding employment, and you can see there's some columns up here.
The first column is how we compare nationally. Unfortunately we don't have
2009 data; that should be coming out, uh, in the next couple weeks, but I just
wanted to give you a reference point here. Uh, 2008 and 9 data from our entire
service territory, what we're calling our area here, and then the Iowa City, uh,
information over the past two years. We've collected this data going back further
than that, but um, for the sake of everybody's eyes tonight, we wanted just to
condense it to a...a couple years. The other, uh, thing I want to point out here on
the second item is the company's plans to introduce new products and services.
You can see that's very strong, with 96% of our clients indicating that they expect
to introduce new products or services in our market, and you can see how that
compares, uh, to the national figure, so uh, that's a sign of strength for our
economy in the long run. Also, uh, in terms of companies that plan to increase
their employment, uh, here in the near future. I gave you the number of a little
over, uh, I think it was 600 over the next few years, um, but we still see that half
of our clients represent that, so that's...it's still pretty strong. I...I would guess
that the 2009 data that we'll receive will be less than 51 %. Uh, we're guessing it's
probably going to be in the 30 to 40% range. So, again, Iowa City's businesses
are still doing well when it comes to employment, uh, expectations. And then
lastly, the company, uh, having no objections to future growth in the area. I see
here almost two-thirds, uh, based on this year's, uh, information don't have any
objections to growth. Now the objections that they do have, tend to be related to
the fact that many of these companies have global competition and they look at
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
5
their cost of business here in the United States, or here in our market, uh, others
have concerns with finding the quality people that they need. It's kind of an
availability, uh, issue, and I'll talk a little bit about that here in a second. And
then, uh, lastly we have some industry here who have indicated to us that they
don't want to put all of their operations or all the significant components of their
operations in one location, and they need to make sure that those are spread out,
um, across the country or around the globe. Now when we look at the workforce,
and this is really I think the bread and butter of why we're a successful market
here. We look at some of these numbers, uh, now...I should say this is on a one-
to-seven scale, so when we ask the companies their level of satisfaction, uh, as it
relates to employee availability, you can see, uh, where the Iowa City businesses
feel, uh, their level of satisfaction is compared to either area data or national data.
And, again, across every one of these factors, whether you were talking about the
availability of a workforce, you're talking about the productivity, uh, the stability,
all of those factors are extremely, uh, important, uh, to the companies decisions
when they look to expand, and I really think this is probably the biggest story that
we can tell the citizens here in Iowa City, and then those businesses or individuals
who are interested, uh, in looking at this market. Um, one of the challenges that
we tend to have when we're talking to companies, both here and looking at the
market, is they're always concerned with availability, affordability, and capability
of the workforce, and we were able to take this national data and put that in front
of them and say it's, in many respects it's not a lot different here than it might be
in other places around the country. This is a little busy, and I apologize for that,
um, the...the information that's on this slide is on page 8 of your report. If you
want the real down and dirty details, that's on page 9. I didn't want to kill
everybody's eyes that...30 (noises on mic) listed, I'm sorry, on page 7, there's 30
factors listed there. Uh, of these 30, um, factors, and we asked companies, give
us your level of satisfaction from a scale of 1 to 7 on things related to, uh,
education, community college, the University, K-12 system, um, utilities, police
service, uh, community planning, and when we look at all of these 30 factors what
we found was that nationally no...national data aggregated does not exceed a 5, or
I'm sorry, does not exceed a 6 on a scale of 1 to 7. For our market and for Iowa
City, uh, we have ten categories that exceed a 6. So we should feel very strongly
about that: Now the thing the City of Iowa City controls are about 12 of those 30
items. Of the 6...rankings of 6 or higher, ten of those items are not related to
things the City of Iowa City controls, two are, and those are the satisfaction that
our clients have with the police or the fire service, so I think we should all feel
very good about that, and I know there's a lot of discussions around the budget
and other issues related to, uh, fire and police protection and the companies here
in our market feel very good about the service they receive, compared to what
other executives around the country feel. That's the good news! Um, water and
sewage also received extremely high rankings. Uh, the...the areas for additional
work and the three areas that scored 4s, and the only three areas that scored 4s
among those satisfaction rankings was in, uh, let me make sure I have this right -
zoning and permitting, um, community planning, and property tax. And property
taxes is relative and it's pretty low across all, uh, industries in all communities
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
6
across the country, uh, but the area of, uh, inspection, zoning, permitting, and
community planning are areas that Iowa City has received a lower score than
other communities within our service territory, and against the national average.
So there's, uh, I guess good and bad here in terms of, uh, a real positive on the
water, sewage, police, and fire, and... and some questions on the part of our
clients as to the level of satisfaction related to those others. Now how are we as a
development group using this data? I think first and foremost we're continuing to
assist our existing clients, those 24 companies here in Iowa City and more than 60
across our service territory, uh, when they've indicated an issue, uh, that they have
positively with wanting to expand, wanting to add to their workforce, wanting to
add capital, uh, machine or equipment, and otherwise that we're on top of that and
we're working with them, working with your city staff, uh, to make sure that we're
providing all services necessary, uh, to achieve that success that we want them to
have here, uh, and then in those areas where we're seeing a higher level of risk,
whether it's an issue related to something that the City can control, or maybe more
broadly at a state level or another, in other areas within our region, uh, making
sure that we're working with the right partners to address those issues. Uh, the
second item is, uh, a development of a shovel-ready site program. This is
something that's been in the works for a year here. There's not a program state-
wide within Iowa. There about 15 states across the country that have shovel-
ready programs in place, and what that means is when a company comes in...the,
um, land is zoned, it's permitted, it has all of the infrastructure necessary to
develop whatever is needing to be developed there. Uh, essentially all the due
diligence is done and ready to go. Um, I'm happy to say that, um, by the end of
this month, into early January, we'll be hopefully holding a broader announcement
about the completion and the implementation of that program, and our continuing
to work with the City staff on the, uh, new industrial park, or what we call the
Wind Energy Supply Chain Campus in Iowa City as, uh, being one of the first
three pilots in the state of Iowa for certification. In fact just today we received a
call, uh, from a company in the wind energy market who will be visiting us in
about a week and a half. They heard we were going through that process, uh, and
want to take a look at the supply chain campus, uh, hopefully to expand here, uh,
with one of their first U.S. locations. We also are going to continue our
workforce development strategies, uh, I know my time here, I've probably
overrun that already, so I'll be very quick, uh, there's a lot that's being done to
recruit the necessary talent that our companies here, uh, today need. Also to
inform people within the community how they can go about upping their skills or
getting connected into the right job search sites, the right information, uh, for the
many jobs that are still available and open here in our marketplace. Then lastly
on the business recruitment front, besides the wind energy market, uh, we're also,
uh, diving into computer simulation and modeling. We're focusing on that
industry sector, and again, this data that we're able to pull here allows us to do
something that nearly no one else in the country is able to do, in the form and
fashion that we are, and that's where we present them with hard data as to why the
Iowa City area is the right place for them to locate because we can provide hard
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
data for them to make their decisions. So with that, I'd open it up to any questions
that you might have.
Bailey: Any questions for Joe? I know that that was pretty quick...thanks, and thanks for
(both talking)
Champion: Joe, I just wanted to ask you briefly in the first or second slide you showed the
number of...of positions that aren't filled. Do you have any idea what kind of
positions those are and ...and why they're not being filled?
Raso: Well, first of all I'll say that data is a little old in terms of that was collected when
we did the interviews, but when we looked out at some of the local job sites, in
some respects that number's higher, um, for certain categories of jobs, and it's
really runs across, uh, from ....from general production, uh, non- to semi-skilled,
right up to very technical positions that require four years, Masters degrees, so it
really runs, uh, across the board.
Wright: (several talking) quick question for you on the community planning. There's a
relatively precipitous drop in the satisfaction from 08 to 09. Do you have...a
quick explanation as to why?
Raso: I don't have a quick explanation, um, I mean, we can...we can do some, uh,
further research and...and contact those companies, and we've done this in the
past for the Council. I remember a few years ago on the water issue, the City
received very low scores and we came to find out that it was a misunderstanding,
um, or...or perception issue, uh, on that, uh, if I were to guess, and this is just a
guess. At the time the City was going through some transitions with your...with
your City Manager and your budgeting and your planning, when some of these
survey, uh, surveys began. This began in March and went through the summer, so
it could have been related to that, which might have been a related issue or
completely unrelated, but um, a level of dissatisfaction that our clients had.
Hayek: Joe, with respect to some of the lower scores that we...that we're seeing in this
report, are there...is there a narrative or a set of comments that...that was
collected that could be forwarded for us to take a look at?
Raso: We can do that, and we can share that with...if you want the whole Council or...I
know in the past we've started with the Economic Development Committee,
through that staff and then had that discussion there.
Hayek: Why don't we start there? I think it'd just be a good idea to drill down and see
what exactly is behind, uh, these lower scores. See what we can do better.
Raso: Uh-huh. We can do that!
Bailey: Any other questions for Joe? Thank you.
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
8
Raso: Thank you!
Karr: Motion to accept the (both talking)
Wilburn: So moved.
Wright: Second.
Bailey: Moved by Wilburn, seconded by Wright. Discussion? All those in favor say aye,
and carries.
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
9
ITEM 5. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA).
Bailey: This is an opportunity for those in the audience who wish to address Council on
items that are not on tonight's agenda to approach Council. If you have a
comment to make, please, um, approach the podium, state your name for the
record, and limit your comments to five minutes or less.
Burch: He11o...I am Michael Burch. I'm a life-long resident of Iowa City, and I took time
out of my night to come down here because I understand budget cuts are on the
agenda for Council, and I wanted to bring the attention of, uh, water fluoridation.
We spend around $24,000 a year, uh, forcefully medicating our population on
fluoride, and uh, I just think it'd be a good idea for all Council to, uh, research
negative side effects of fluoride. There's a lot of conflicting issues and data on it,
and that's about it. Thank you.
Bailey: Thank you.
Karr: Michael, would you please sign in, please...is there...thank you.
Bailey: Anybody else wishing to make a comment...to the Council, on something that is
not on tonight's agenda? Okay, then we'll move on.
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
10
ITEM 6. PLANNING AND ZONING MATTERS.
b) APPROVING A CONDITIONAL ZONING AGREEMENT FOR
AUDITOR'S PARCEL 2008103, APPROXIMATELY 25.16 ACRES OF
PROPERTY IN THE COMMUNITY COMMERCIAL (CC-2) ZONE
FOR WESTPORT PLAZA, INCLUDING WAL-MART AT 855, 911 &
1001 HIGHWAY 1 WEST. (REZ09-00008)
1. PUBLIC HEARING
Bailey: This is a public hearing. (bangs gavel) Public hearing is open, and first we'll hear
from our staff.
Davidson: Thank you for that technical assistance, Jerry. Good evening, Madame Mayor,
Members of the City Council. Item B on your agenda is a conditional zoning
agreement. Uh, a modification that has been requested by Wal-Mart Stores Inc. to
amend a conditional zoning agreement. Uh, to reconfigure a previously approved
concept plan to allow a smaller Wal-Mart store to be constructed, and to create
two additional commercial lots. Uh, in September of 2008, uh, the City Council
approved amendments to the existing, at that time, conditional zoning agreement
to reconfigure, uh, the, uh, property where the existing Wal-Mart is, uh, currently,
and that reconfiguration was intended to result in a single large lot, uh,
demolishing of the former Cub Foods and Staples buildings, and reconfigure of
the property into a single large lot which would include, uh, Wal-Mart, and I
believe...and these aren't in order so...yeah, there is the approved concept plan in
2008, and you can see, uh, removal of the, uh, existing Wal-Mart building that
was in this area, Cub Foods and Staples had been in this area here, and the
construction of the single large, uh, Wal-Mart store, and that was approved in
2008. Uh, Wal-Mart would now like to revise the plan to reduce the size of the
proposed store. They have not commenced construction of this store yet, and they
would like to reduce the size from 176,000 square feet to 150,000 square feet and
establish two new outlots...which you see right...here, in this area where the
former, where the existing store is, uh, currently. Um, in our evaluation of this,
we obviously started with the current CZA, and I would like to state that staff s
evaluation of this is basically evaluating what is proposed against the guidance of
the Comprehensive Plan, and specifically the guidance of the Comprehensive
Plan regarding aesthetics and landscaping of this property, uh, and the entryway
issues with this being a predominant entryway into Iowa City. And that is what
we have used to evaluate this. Um, to get into some of the specific issues.
There...there are not users identified yet for...the two outlots here. S we have,
uh, basically with the new plan now, suggested and... and the developer has
agreed, that there will be a requirement that the development of these lots be
approved by a staff design review committee using, uh, the criteria that we have
for large big-box type retail users so that we get something that is compatible,
again, with that Comprehensive Plan guidance for big-box uses, uh, in an
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
11
entryway such as this, and it looks at things like materials and the facade of the
building and the roof line and basically trying to make the building look like
something other than just a large box. There have been a couple of issues
identified in your, uh, in your, uh, staff report that were discussed, uh, in some
detail at the Planning and Zoning Commission. One of them, which is identified
as an unresolved issue, has been resolved, and that is the location of the bus stop.
Uh, the developer has agreed. It's not exactly in the same location where it was
proposed for the...in the 2008 plan, but it's approximately in that location, and
staff has concurred in terms of actually staging a bus in that location. It's a... it's a
good location, so the bus stop issue has been, uh, resolved. The issue that
remains, uh, and again, this is an issue that came out of the Planning and Zoning
Commission...has to do with the access easement through the property. Uh, I
believe I have...okay, here is...you can see in the shaded areas the access
easements of the current, uh, the current property, and again, this has the former
Cub Foods and Staples properties, and then the existing Wal-Mart, and you can
see in the shaded areas that there is, uh, access easement on pretty much all of the
driveways, uh, in...in the property, including across the...uh, front of the store in
this location. In the proposed plan here you see in green, uh, what the developer
has suggested for access easements, and it specifically does not include...an
access easement in front of the new store, and staff has suggested, and the
Planning and Zoning, uh, Planning and Zoning Commission concurred, uh, that
we would like to see an access easement in front of the store and that is an
unresolved issue and you may wish to, uh, address the developer specifically on
their views, um, in an effort to get that resolved. Uh, there also are some sensitive
areas on the site, uh, we believe there is a plan that will satisfactorily address
those, uh, and that will be handled at the site....uh, site plan review stage. Um, so
the...there is approval recommended by staff and the Planning and Zoning
Commission, uh, subject to four items, um, as I mentioned the bus stop issue has
been resolved so that is...is resolved. The access easement, again, we
recommend approval with a access easement added in front of the store, uh, that
the new conditional zoning agreement contain the same requirements as the 2008
agreement that you approved, um, in terms of the concept plan, landscape plan,
and building elevations, and I think I have...there's basically what the building
elevation would like...would look like so, uh, I think they have very successfully,
uh...come up with a design here that does, uh, certainly lessen the big box impact
of it, and you can see that the facade and the roof line is very, uh, quite
significantly from the existing property. Um... and then the requirement that lots
2 and 3, uh, go through the, uh, staff design review, uh, approval, and that would
be handled administratively. That would not go to you. I can certainly go
through any other, uh, conditions in the...in the conditional zoning agreement if
you would like. Otherwise they were in the materials that you received.
Bailey: Any questions?
Wright: With regard to parking for the outlots, Jeff, will that be, uh, included in the Wal-
Mart's parking area or would that be provided separately (mumbled)
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
12
Davidson: I believe there are separate, uh, areas designated. Obviously there are specific
parking requirements for those lots so there will have to be specific, uh, parking,
uh...established for those two outlots, uh, and depending on what the exact use is,
those...those may vary. It is possible to work out shared parking arrangements.
You know from your time on the Board of Adjustment that that is possible, as
well.
Wright: Thank you.
Correia: Yeah, I have a question, and maybe this was in the material and I missed it. So,
the...it looks to me like the...lots 2 and 3 are in the location of the current Wal-
Mart store. Um...but will the, when they move into the new structure, will that
old Wal-Mart structure go down?
Davidson: Yes.
Correia: Okay, so that...
Davidson: And if you look in the conditional zoning agreement, there are some timing
things. They're required, uh, to do some things, uh, in terms of the timing of... of
that, uh, to comply with the conditional zoning agreement.
Correia: Okay.
Davidson: Any other questions for me? Thank you.
Bailey: Thank you.
Holecek: Jeff, is there a signed CZA or not?
Davidson: I believe there is, Counsel. (unable to hear person talking away from mic)
Mitchell: Dennis Mitchell, I'm here on behalf of the applicant, uh, Wal-Mart (garbled) that
is correct at this point because we hadn't resolved the issue of the, uh, access in
front of the store. There's not a signed CZA, uh, and my understanding, or I guess
my suggestion would be that continue the public hearing, uh, we'll get some
guidance tonight I assume from the City Council, uh, as to their opinion on that
issue and then, uh, we should have that resolved by the next meeting. So, um, I
don't have, um...a lot to add, uh, beyond what Jeff said. As Jeff mentioned, uh,
essentially what we're doing here is just, uh, requesting to build a slightly smaller
store, uh, from what was approved last year. Uh, in addition to that there would
be the creation of those, uh, two additional outlots. Uh, Wal-Mart is in agreement
with City staff with regard to the conditions that Jeff outlined, uh, with one
exception, uh, and that just has to do with the access easement, uh, along the front
of the store. I don't know if I can get the...yeah, here we go. The, uh, the
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
13
original, uh, site plan for this development that was approved back in 1989, uh, as
you know the Wal-Mart was located here and we had, uh, Cub Foods and Staples
located here. At the time this was approved, obviously, it would have been
important, uh, for the Cub Foods and Staples, uh, to have access, not only from
Highway 1, but from Ruppert Road as well, and so I think there was a good
reason to have the access that flowed through there. Um...now...um, based on
the changes that we're making to the lot here essentially you'll just have the Wal-
Mart where the old Cub Foods and Staples stores, uh, used to be, and then the two
outlots, which will now be located closer to Highway 1, and so these two outlots
are going to have good access, uh, from Highway 1 where they're located right
now. They will also have, uh, continue to have access from Ruppert Road. There
will be an access easement that runs along the perimeter and so, uh, customers,
delivery trucks, what have you would also be able to use that entrance to get to
the two outlots. Uh, from Wal-Mart's perspective there are a couple of reasons
why we don't want an access easement in front of the store. One is, we would
prefer not to have delivery trucks, uh, for example that may be making delivers to
the two, uh, developments where the outlots are going to be driving in front of the
store and potentially creating conflicts, uh, with pedestrians there. Uh, and
number two from Wal-Mart's standpoint I think it's important to be able to control
the, uh, space directly in front of the store. If Wal-Mart ever wanted to have some
sort of special event, uh, or for whatever reason needed to make changes in front
of the store, from their standpoint, uh, it's important for them to have that access,
or have the right to do that without having to worry about the public access
easement. You know, again, you know we think that will continue to be good
access to those two outlots. Obviously Wal-Mart's going to have to market and
try to sell those, uh, and so we just don't believe that the...an access easement in
front of the store is necessary here. So, uh, but otherwise as Jeff Davidson
mentioned, uh, Wal-Mart and City staff and the Planning and Zoning Commission
are...are in agreement with regard to...to all the other issues. So...I'm here to
answer any questions you have. I also have with me today, uh, Joe Altenhauf, uh,
who is the, uh, the engineer for the project, and Jackie Cookackspy, who is the
architect, so...
Bailey: Any questions for Mr. Mitchell?
Hayek: So, Dennis, so that I understand, the...all the issues, including the bus stop, the,
uh, adherence to the 2008 CZA, and the uh, requirement for design approval on
lots 2 and 3, those are all, uh, resolved. Only remaining issue is this public access
easement?
Mitchell: That is correct. Yeah.
Bailey: Any other questions?
Wilburn: I'm sorry if this is in the information, but uh, I'm looking at the...I'm trying to
blow up the map here. What...what's there? I understand your...is there
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
14
potential for public events or special events, but uh... see the planters, is there
going to be some type of barricade or what...
Mitchell: It...um, in front of the store?
Wilburn: Yes.
Mitchell: Uh, well, just if there ever was a special event, say they wanted to block that off
to, you know, bring uh...you know, store goods and products out there, maybe
have some sort of sidewalk sale or...or what have you or...there could be a
multi...multitude of different events that they might plan, that they might want to
have right there in front of the store.
Wilburn: Okay.
Mitchell: Hopefully that answered your question.
Champion: There is a road in front of the store, I mean, people will be driving there...
Mitchell: Yes, there will be an island, that's correct.
Wilburn: You just have the right to block it off...
Mitchell: That's correct, right.
Champion: I see some plantings there, so people who might be parking at the outlot
businesses would not be able to drive down that pink street?
Mitchell: Well, certainly we wouldn't prevent, uh, customers that are coming in from being
able to drive in front of the...in front of Wal-Mart, similar to (both talking)
customers, uh, but again, it's just an issue of being able to control the access if
they do ever want to, again, have a special event or need to block it off for any
reason. So...
Bailey: How often does Wal-Mart have such kinds of events, I mean, how often has that
affected the...
Mitchell: I don't know.
O'Donnell: All the time, right?
Mitchell: (laughing) And I can't, yeah, tell you how often they might, but...
Bailey: Right, well I thought they might have some regular calendar special events that
this was a concern about or...
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
15
Mitchell: Yeah, I...I don't believe there's a regular calendar. I think it's just from time to
time things may come up.
Bailey: Okay.
O'Donnell: Dennis, how big is the present store?
Mitchell: The, uh, present store is...Joe, do you know off hand? Put you on the spot!
(unable to hear person away from mic) Uh, we believe it's 97,000 square feet,
so...
O'Donnell: And the new one is going to be approximately 150...in that range.
Mitchell: That's correct, yep. Yeah.
Bailey: Any other questions for Mr. Mitchell?
Hayek: I've got a question for Jeff.
Bailey: Jeff?
Hayek: I'm trying to get a sense of how strongly staff feels about this public access, um,
easement, so if you could walk us through that quickly again. I know it's the
recommendation, but why?
Davidson: Yeah, we...we feel that in terms of the previous CZAs that have been approved
that it is...that what we are suggesting, and what the...perhaps more importantly
the Planning and Zoning Commission is suggesting, uh, is more consistent with
those other CZAs, uh, and...and there's not anything in particular, other than just
the free movement, uh, of vehicles between the two outlots and Ruppert Road...if
someone was to chose to go that direction, we just feel like it's a more complete
public access easement in terms of the...the public, whether that be, uh, the...the
motoring public traveling through this area or, you know, police or fire or anyone
else. You know, as Dennis mentioned, it's not likely to be blocked off most of the
time, but the fact remains that Wal-Mart would be able to block it off, at any time,
uh, if they wished, unless there is a public access easement there.
Wright: Now in the previous, the plan with the original store, in the previous CZA, there
was an access easement in front of the store.
Davidson: You talking about that one?
Wright: Yes.
Davidson: Yeah, you can see there is one in front of the store there.
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
16
Wright: And...this is probably more of a question for Dennis, Jeff, than it is for you. Why
the change in... in opinion on having a public access easement?
Mitchell: Well, the uh...the access easement before ran in front of, where the Staples and
Cub Foods stores were, and so, uh, from their standpoint, I...I think it makes
sense, that they're going to want to have access from Highway 1, as well as from
Ruppert Road, uh, because the Wal-Mart store will be located there now, we just
don't see that there is the need for that access. The outlots will have good access
from Highway 1, and uh, they would still have access from Ruppert Road, uh, you
know, it would just be around the perimeter of the lot, right.
Wilburn: I presume in terms of, uh, if it is blocked off that it would be in your best interest
to allow emergency, uh, vehicle access, but do we...if we were to, um, if we were
to...allow...if we were to get rid of the, you know, the public right-of--way here,
um, do we assume any potential risks in terms of emergency vehicle access and
that type of thing, for such a large structure?
Holecek: I don't think we're assuming any risk, because we're having the debate right now
as to whether to even create the right of the public to traverse that area. I think
what we're talking about is the struggle between, um, Wal-Mart wanting to retain
the exclusivity right, the right to exclude others from traversing that, versus uh,
the planning principle of wanting, uh, the best circulation for the development.
Wilburn: And if we were to, um, if we were to grant this, um...and I'm sorry if this was in
there I...overlooked it, um, would that necessitate a, uh, meeting with the
Planning and Zoning Commission?
Holecek: I'm sorry?
Wilburn: Would that necessitate a meeting with the Planning and Zoning Commission if we
were to...
Holecek: Yes. The recommendation of the Planning and Zoning Commission is to retain
the public access easement (both talking) yes, we'd need to do the meeting, and if
you were so inclined, I just want to, while I'm talking, since we don't have a
signed CZA, um, the public hearing is an issue whether to close it or not.
Champion: I, um, I think this should be public access. I...I don't buy the business of delivery
trucks. I think that (coughing, unable to hear) delivery trucks should not be
allowed to use that. I can see why they wouldn't want delivery trucks coming to
those outlots in front, actually in front of the....of, uh, of the Wal-Mart store. It
would be dangerous. There's a lot of pedestrians walking in the front there. But I
think, uh, a regular vehicle access will be...will be absolutely important and I'm
going to...my vote is going to insist that the public access be there. I don't care
about the downsizing of the store, and I don't care about the outlots. I do care
about the public access.
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
17
Bailey: Others who feel about this....we need to provide some direction (both talking)
signed CZA.
Correia: Okay. I have another question for Jeff. So, in other developments, big box
developments, so I'm thinking about Pepperwood Plaza, K-Mart or area around
Sycamore Mall. Are those...
Wilburn: Menard's.
Correia: Menard's...are...do all of those contain those public access easements, around...
Davidson: Yeah, I know that K-Mart does. There is...there's a public access easement in
front of K-Mart.
Correia: Okay.
Davidson: And I'm sorry, Amy, Menard's I'm just not familiar with (both talking)
Correia: I...okay, yeah, I think it's...
Holecek: I'm sorry. As a typical, when you have an integrated development, we tend to
require those reciprocating easements that can't even be released without
participation of the City because the development is looked at as an integrated
working organic thing.
Correia: Right. And I think even given whether we would have....in the event of an
emergency and... and emergency vehicles not having access, because we didn't
require so we might not be...liable, I mean...it would be, it's important that our
emergency vehicles have access as well as...as the public, so I am with Connie.
think that this is...it's important. It's...seems generally a standard principle in
these types of developments, um, and I don't...foresee it creating any sort of
economic detriment to the Wal-Mart store not to have to the area in front of their
store. Most people think of that area as the place for cars to drive by, so...
Davidson: Yeah, and in terms of your decision making this evening, as the Mayor indicated,
we are looking for some guidance from you. I mean, there's just the single
unresolved issue and so if Council as a body could indicate which way you want
to go there, uh, it seems like you'll be continuing the hearing and deferring action
and depending on which way you go, we will either set up the joint meeting with
Planning and Zoning, if you concur with the developer, uh, or if you, uh, concur
with staff and Planning and Zoning Commission, we'll basically be trying to work
something out with the developer before the next Council meeting.
Bailey: Mr. Mitchell, you wanted to say something? (unable to hear person away from
mic)
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
18
Mitchell: ...just address one quick issue. The...the area in front of the store will be, uh,
stripped for a fire lane. There will be, uh, access to, you know, police, fire, those
sorts of things. The only issue that we're broaching here is Wal-Mart's ability to
just be able to control in front of the...the store. They're, obviously there are a lot
of customers going in and out. I would note, if it is designated as public access
easement, I...I don't know that we could prohibit, for example, uh, the business
developed on the outlot from actually...or require them to actually have their
delivery trucks go around. If there is a public access easement there, um, I'm not
sure even through...through covenants or restrictions if we would be able to
prevent, again, public access along the front of the store there, and so (both
talking)
Champion: I wouldn't think a delivery truck would even want to drive in front of the store
with all the pedestrians (both talking) I'm sure that Wal-Mart can come up with
some strategy to stop that.
Mitchell: Well, and certainly we would encourage them to do that, but...from a legal
standpoint, I don't know that we could require them, if there's that public access
easement there. So...
Champion: That must be part of agood-neighbor policy with stores.
Mitchell: You would hope so!
Champion: Right!
Bailey: Do others have comments? We should provide some direction and continue this
public hearing.
Wright: I'm in favor of going along with the recommendation from Planning and Zoning
to allow public access in front of the store. Uh, I...I understand the desire of Wal-
Mart to control that space and to be able to, as you say, use it for sidewalk sale
or... or what have you, um, at the same time... if you have fire, uh, fire emergency
at the store, quicker access is going to be had by having a public access easement
right across the front, and uh, I just think that's something we need to take into
account.
Bailey: I...I agree with you. I... it was part of the previous conditional zoning agreements
and I think it just makes sense for circulation around that, I mean, how people
determine to get through there is...is their choice, including delivery trucks, but I
think we need a public access in front of the store. So I agree with the
recommendation of Planning and Zoning.
Wilburn: Retain the public access.
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
19
Hayek: Yeah, I concur as well with... it's consistent with what we do elsewhere.
Bailey: Okay. So, you have the direction you need? Okay. (unable to hear person away
from mic) Good! I'm sure you'll work it out. So we need a motion to continue
the public hearing, um...
Champion: So moved.
Bailey: ...till 12/14.
Champion: 12/14.
Wilburn: Second.
Bailey: Moved by Champion, seconded by Wilburn. All those in favor say aye. Those
opposed say nay. Motion carries. Do we have a motion to defer first
consideration?
2. CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Karr: Motion to accept correspondence.
Wilburn: So moved.
O'Donnell: Second.
Bailey: Okay, moved by Wilburn, seconded by O'Donnell to accept correspondence. Any
discussion? All those in favor say aye. Those opposed say nay. Motion carries.
Do I have a motion to defer first consideration to...
Wright: So moved.
Bailey: ...12/14.
Correia: Second.
Bailey: Moved by Wright, seconded by Correia to defer first consideration to 12114. All
those in favor say aye. Those opposed say nay. Okay. Motion carries 7-0.
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
20
ITEM 7. CONSIDER AN ORDINANCE AMENDING TITLE 8, POLICE
REGULATIONS, CHAPTER 6, PERSONS UNDER EIGHTEEN YEARS
OF AGE, TO ADD A NEW SECTION 2, JUVENILE CURFEW TO ADD A
NEW JUVENILE CURFEW ORDINANCE. (DEFERRED FROM 9/29)
(SECOND CONSIDERATION)
Champion: Move second consideration.
O'Donnell: Second.
Bailey: Moved by Champion, seconded by O'Donnell. Discussion?
Wright: I'd like to, uh, suggest an amendment that there be a review of this ordinance after
one year so that...uh, we have a record of all the data for any citations that were
issued under the, uh, curfew ordinance, including the demographics, location, all
pertinent information. I think this is something that the Council and the
community need to have.
Bailey: Okay. So we have an amendment for required review after one year.
Karr: But not a sunset clause, a required review.
Wright: Correct.
Bailey: Okay. Do I have a second to that amendment?
Champion: Would you need an amendment to do that? (mumbled)
O'Donnell: You could request that at any time, I would (mumbled)
Holecek: You could give direction to staff to maintain all that data as it's being enforced,
um, it wouldn't...this is not the same thing as a sunset clause. It doesn't
automatically go away after a year, and if you gave direction to staff to compile
that data as you're doing enforcement, you should be able to get a report on that.
Champion: Yeah, I think that's, uh, what you want really. We want...the data.
Wright: Right.
Bailey: Right. He wants a review after a year. Do I have a second for that amendment?
Holecek: I don't know that you need to amend the ordinance though...to...
Bailey: We talked about this.
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
21
Holecek: Oh, okay.
Bailey: He wants it required.
Holecek: As part of the ordinance.
Bailey: As part of the ordinance.
Wilburn: I would...I would second that.
Bailey: Okay (both talking) moved by Wright, seconded by Wilburn to amend a required
review rather than a requested review. There is a distinction, I think, as Sarah has
said. Discussion?
Correia: Required after one year or yearly?
Wright: Yearly.
Wilburn: Second.
Bailey: Okay. Further discussion on the amendment?
Champion: I'm not going to support the amendment, but I certainly want the data collected.
Bailey: So why wouldn't you support the amendment?
Champion: I don't think it's necessary. We can ask for that information at any time.
O'Donnell: You could ask for that in six months.
Champion: You could ask for it at a month.
Wright: This doesn't preclude asking for it, a month or six months. It just...it requires that
this information be provided every year, and I think that's an important element of
this.
Bailey: Further discussion?
Hayek: I...I don't support it as an amendment to the proposed ordinance, but I'm fully
supportive of requests to, uh, get data at any juncture going forward and I'll
support that request when it's made. If I don't make it myself!
Wilburn: A question, I guess point of information, when we had the, uh, when the Police
Citizens Review Board came up, was that a required review? As part of the...
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
22
Karr: The Police Citizen Review started out as a sunset clause.
Wilburn: Okay.
Karr: Which did require review, but the sunset clause that automatically...
Wilburn: Right, and I understand that's not (mumbled) but it would...it would...
Karr: Then from that, once the sunset clause came up, I believe the second time, then
you did the required annual one in place of the sunset.
Wilburn: Okay, I thought...and...and again that...uh, didn't preclude someone asking for it
sooner, but it... it mandated essentially for... for the future Council that you will
look at this. You will look at this information and data.
Bailey: Okay, any further discussion?
Correia: Well, I will support requiring the data be added to the ordinance, I mean, I think
that is important that everyone understands that there will be data collected, and
shared, yearly. I...and I'll continue to support the idea of the juvenile curfew, but
I think that this is an important element.
Champion: But is that part of the motion, I mean...
Wilburn: That's part of the amended...
Holecek: We've done an actual amendment, I think, with a friendly...
Champion: Oh!
Wilburn: And while I don't support a curfew, um, one of the challenges that there has been
about curfews is that people, um, look to other cities to see...the question comes
up is it effective, is it working, and the...no one collects data, but with the...what
tends to happen is that someone will do a survey. They will survey, um, mayors
and police and they'll say, oh sure! Yeah, it worked, but without any, uh, any type
of, um, of data to...to, for that review, so this would help set some sort of
standard as part of that review. So, uh, again, not supporting curfew. I would
recommend this to force looking at the...the impact, or to...upon an annual, at a
minimum, on an annual basis.
Wright: And I think it's important to make sure that we have that data in order to
understand that this would be applied fairly, that it was not, um, targeting any one
area necessarily or any particular group (garbled) data I think we need to have.
Bailey: Okay. Further discussion? Did you have further... further information that we
need here? (several talking) Okay! All those in favor of the amendment say aye.
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
23
Champion: What is the actual amendment now? (laughter)
Bailey: The actual amendment is a requirement for, um, an annual review of data related
to enforcement of the juvenile curfew ordinance, and it will become part of the
ordinance; therefore, the review will be required, not just, um, not just an option
to request data. It will require future Councils as long as this ordinance stays on
the books, that there will be an annual review. Okay? Did I state it clearly?
Wright: You said that perfectly, and this would not preclude asking for similar data at any
time. It requires it once a year.
Bailey: Okay. All those in favor of that amendment say aye. Those opposed say nay.
The amendment carries. All right.
Karr: Madame Mayor, just for the record, 5 to 2?
Bailey: Uh, 4 to 3, was my (both talking)
Karr: Okay, I'm sorry, I don't...
Bailey: Champion, O'Donnell, and Hayek in the negative. Sorry, I should have said that.
Okay, uh, discussion on the ordinance as amended? And this is an opportunity for
those of you...we always allow discussion. If those of you in the audience have
some information...please state your name and limit your comments to five
minutes or less.
Freeman: Hi, my name's Sue Freeman. I work at the Neighborhood Centers of Johnson
County. I'm also one of the members of the Safe Neighborhood Coalition. Um,
and I'd like t give a status report and kind of talk about what's been happening
over the past eight weeks or so. Um, kind of bring everyone up to speed. Um, as
you know, about eight weeks ago Mr. Henri Harper stood up here and kind of
made a pretty passionate plea and said, um, can we just stop this for a few
minutes, can we just take a break, and can we go and find folks, talk to folks,
bring people out, um, get investment, get involvement, and uh, see what we can
get going. Um, you know, he called on a few of us and we got started. So seven
weeks or so a group of five, grew to ten, grew to fifteen, and we decided let's go
door-to-door on the southeast side, um, so we had to create a survey, which we
did. Let's...let's find out what's going on with folks so that they can...what is it
about safety, connectedness, youth involvement, um, how do they feel, um, how
connected are they, how safe do they feel, and more importantly, what do they
think could happen to make it feel safer. What could make people feel more
connected? What could help youth become more involved? And our little group
often grew to fifty, which grew to 250 when some AmeriCorps joined us, and
um, we...we pretty much knocked on about a thousand plus doors over the past
eight weeks, and gathered about 350 surveys. Um, in addition to that, we kind of
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
24
went on some speaking engagements. We, um, have met with Grant Wood
Neighborhood Association. They've been, um, amazingly supportive. They've
put the survey up on their web site, really helped us get the word out about how to
get involved. Um, we've met with four different faith-based institutions, really
looking at churches, um, for the bigger discussion. Um, people are starting to call
and say, um, is...is it about the curfew, or is it really about how do we want
people to live in Iowa City, how do we want to know our neighbors, um...issues
of race, class, poverty, and as we've been going out and about over the past eight
weeks, we've had these just amazing discussions with folks about, um, how do we
want the poorest members of our community to be living here? How...how is it
that they can live here? How do we welcome families? And at the same time,
how is it we can all feel safe? How are we connected? And these discussions
have just taken on this amazing life that, um, I...I can't thank everyone enough for
starting this process, and for me, this is the start of the process. And, as...as
we've all...we keep meeting and keep knocking on doors and, as I sit on couches
with folks, um, whether it is an African-American mother who's just moved here
from Chicago, or if it's been a white woman 20 years living in her house,
everybody wants the same thing, and they want to feel safe and they want their
children to grow up, and they want to prosper here, and we have these amazing
common grounds, and this process I think is going to help bring us more together.
So here's where we're at. We've collected about 300...40 or so surveys, and they
are still being processed. Um, we anticipate getting data back within a...a week
or so is what I've been told. Um, in my spot checks, I see folks for the curfew, I
see folks against the curfew. I really...I don't know how people stand on it, but
what I do know is that people, um, all people really want to know their neighbors,
and they're struggling to know their neighbors. Um, everyone wants to be safe.
Everybody has a right to feel safe, and um, their ideas for making it better are...as
complex as changing the police force to as simple as adding bar-b-que pits and
park benches. And, that's been exciting to get all of the folks involved out and
talking. Our next steps are to really review the data, um, and...and announce the
data. Um, this is...this data belongs to the people on the southeast side of Iowa
City, and January, February and March we plan on pulling stakeholders together
and that includes adults and youth living on the southeast side, schools,
businesses, agencies, um, some of you would be welcome to join us, uh, and
really pulling together a series of stakeholder meetings to say, let's look at the
data, let's look at current programming, let's look at the suggestions, and...and
what is it we want to do. What is it that we together want to move forward and
create for our neighborhood? And then move forward and make that plan a
reality. Um, I'd love to see something in place by April/May. Summer is around
the corner, and when April and May hit us, um, I'd like to do a rally through the
streets and get everybody outside and say, this is your plan! This is our plan!
Um, how are we going to move forward? And so...I...I think this process, I
think, um, what started back in April and May and June was a series of horrific
events, for me, has really opened some eyes and opened some doors, and...and
allowed folks who usually don't have a voice, and, um, folks who have a voice, an
opportunity to meet others and get people outside, and get people, um, to be a part
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
25
of change and to let their voice speak volumes. Um, we've been excited. Crime
seems to have decreased in the last eight weeks or so. Um, I know some folks
have said, well, it's cause it's cold. It's cause it's dark, but I don't know - it hasn't
been that cold and um, it's pretty nice tonight, and...and I think a lot of this has
been people out talking, people throughout the community have been talking with
each other, and...and really trying to make some change in getting to know each
other. So, um, from Safe Neighborhoods Coalition what I can let you know is
that we feel like we're just at the baby steps of this process, and that we feel a lot
of work is left to do, a lot in the winter, um, through the spring, so that we have
some hopefully long-lasting, and some significant change, and that's what we're
looking, uh, for support, um, from you all and continued support from the
community. Thank you.
Bailey: Thank you.
Roberts: Good evening, Mayor Bailey, Council Members, I'm Cindy Roberts. I'm a Grant
Wood Street resident. I'm also a volunteer at the Grant Wood Neighborhood
Association. And I'm back here to once again support, or express my support to
the curfew ordinance. I've generally introduced myself as pretty much a reluctant
supporter of the curfew, but I continue to support that. I truly applaud the efforts
of Sue Freeman's group, Henri Harper, and as a representative of the Grant Wood
Neighborhood Association we truly look forward to collaborative efforts with that
group, and with other groups as we move forward. The Grant Wood
Neighborhood Association has always been a very active group, and this is...we
want to be as anyone does want to be part of the solution, so we truly look
forward to that. A measured response -this was a phrase used long ago by, uh, I
know one Council Member. I think more than one, to...in support of the curfew
ordinance. I think it's an important phrase to keep in mind because it really puts
things in a perspective that I think sometimes can be easily overlooked. A curfew
is not an oddity. It's not something unusual. Um, many of us of a certain
generation grew up with curfews, even though maybe we didn't even realize it,
based upon, um, expectations we had of our own parents. Coralville, North
Liberty, Waterloo, Davenport, Cedar Rapids -they all have curfews. I remember
at the September 29th meeting I believe it was the meeting as far as when the
deferral decision was made, uh, Council... a Council Member mentioned you'd be
meeting with representatives from North Liberty and Coralville, I believe, to get
their feedback on their experience. I...I was wondering what, um, feedback
perhaps was provided that helped you with some of your decisions. A curfew is a
tool. I suppose partly my next few comments maybe there's a certain simplistic
nature to what I'm saying, but I do get confused a little bit in some of the
discussions that we have had about the curfew. I view the curfew as a tool, that
can make a difference in some situations. It's not aaure-all. It's not perfect. And
I would want this curfew to be evaluated, uh, perhaps even more frequently than
on a yearly basis. What I don't understand about cur...the, some of the
discussions on the curfew is why is there sometimes, not always, but sometimes
this automatic perception that this is negative, that this is punitive. Truly when
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
26
I've thought about the curfew over a period of a relatively long period of time, I
really began to view it as a tool that, yes, could help our police officers in
situations where maybe they...they haven't been able to step in and just ask what
is happening. But more importantly, I've wondered how could this be a tool to
help parents who perhaps need a little bit more assistance at home to provide
boundaries. Kids need boundaries, at any age, um, and so I...I've wondered could
this be a tool that would be helpful in that. A tool that could promote safety in
any neighborhood. I'm not just talking southeast Iowa City where I live. I'm
talking...this has always been an Iowa City community issue. A tool that can
work alongside some of the programs and initiatives that have been brought
forward, not only by the Grant Wood Neighborhood Association, but also by the
Coalition work. A little scenario from my own life that I wanted to share, because
it does...I think it does bring up an important point. I have a 16-year-old daughter
at home. We've had some rather interesting discussions about the curfew
ordinance. We have agreed to disagree on certain things, but when she got to the
point where she was ready to just sit down and talk about...I really wanted her to
understand some of the finer points of the curfew, not just kind of the negative
aspect that sometimes the word 'curfew' seems to entail. And finally the light
bulb went off in her head because I was waiting to see when this would happen,
and she suddenly realized that she would be getting a better deal with the City
curfew ordinance than she's currently getting from her parents. And I never
shared that with her up to that point because I wanted her to kind of pick her time
when she wanted to discuss this a bit more freq... in a bit more detail. So of
course the next logical question was well, if this gets passed do we follow the
curfew for our life here, and of course my response to her as her parent was, well
no, honey! Your parent's ordinances will override the City, but it was a nice try
after all. Um, so once again, we kind of agreed to disagree on that. My point
being, I do truly feel that this is a measured response. I don't feel that this, and
granted this is just my opinion. I don't feel that this has to be a negative thing, or
a punitive thing. Um...you know, I think that's it! I really
appreciate...the...inordinate amount of time that this Council has taken on this
issue. Um, I appreciate your time, I appreciate your consideration, and once
again, I really do applaud the efforts of the Coalition because we're moving in the
right direction, I really do believe that. Thank you.
Bailey: Thank you.
Harper: Hello, my name is Henri Harper. I work at City High School as the juvenile court
liaison, and I just personally wanted to come up, uh, tonight and thank the
Council, uh, back eight weeks ago when we first had the discussion, that you guys
took on the stance to defer the curfew. I just wanted to thank you guys for, at that
time, taking a tough stand to listen to the community's, uh, community and some
of the families and the kids in the community, and I'm here to speak on behalf of
the families that I work with on the east side of town. The kids that I work with
daily and part of my life and part of their life, and the fact that they've taken some
responsibility and accountability for this whole thing, cause the initially when I
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
27
came and brought this up, I was concerned about the language that had been used
in the community, talk about the curfew, the anger, uh, the finger-pointing, uh, at
that time I didn't think that was productive and I think at the time had we had the
curfew then I think it could have been...become worse. But during the last eight
weeks, since everyone kind of backed off a little bit, we've set back...we've had
some great, uh, individuals from Grant Wood Association, Cindy Roberts, Teresa
McKinzie, uh, people discussing, talking about how we as a community can come
together, so I mean the reason for me coming forward has been met in a lot of
ways cause we are now talking and people now feel a lot more comfortable in
their neighborhoods and a fact that I heard the myth that I like to (mumbled)
because it's warm, and that's why we haven't...not had a lot of issues. Where I
work at City High School and we haven't had a lot of issues up there either, and I
simply believe because the kids, and their families, are taking some responsibility
to live here in the community, which is something we all wanted to happen. So, I
mean, yes we, you know, it's been warmer, it's been nice watching kids all
(mumbled) and we hang out... and they're out there, but they're making some
better choices, and I just wanted to commend the City Council, everyone that's
been involved, going through this process, that we all had stopped for a minute to
think and try to get together to come up with some solutions for everyone. So
whether or not we have the curfew or not have the curfew, um, I'm hoping that we
all gonna come and stay together, stay on this path of (mumbled) everybody in the
community, and now having said that - I'm concerned with the direction that we're
headed, at the same time. If we have a curfew, then what are we going to do
next? I mean, we have a curfew at the same time, uh, still sets up for a lot of
issues (mumbled) we don't implement some other things along with the curfew.
So I'm hoping whatever we vote on we decide to come up with some other things
to, uh, help with some of these issues that we're all going to have this summer,
whether we believe it or not (mumbled) there's all of these individuals that's going
to be outside making bad decisions, but I am proud of our community and proud
of the city as a whole that we have stood together and try to make some positive
changes, for everyone. So, myself personally, I just want to stand up and say that
for the kids, that they worked hard, and they've made some good choices and
decisions, and they're talking now and they're talking about how it's not always
the police, you know, I'm not out here, you know, maybe...you know, some
thought process, they're thinking about (mumbled) in this whole (mumbled) so
that's all I really wanted to happen in the first place, for everyone to start thinking
about what part I am playing in this process, not just the police, not just, uh, the
community, not just this person, that person, not (mumbled) it's the fact that what
am I doing (mumbled) out here, I wouldn't have to deal with this, and so I'm
saying...I'm hoping...I'm hoping with everything I have and love for the kids, the
fact that the city and the Johnson County, everyone thinking about what do we
need to do next in order to help with the solution, cause I'm hoping that we don't
just...if we pass curfew, feel like our job is done. Now we have a curfew and
now we can move on to something else. That would not be a good plan, so I'm
hoping we...continue to think about this and we continue to be part of the solution
down the road and...and not feel that some point the kids, families need
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
28
somewhere saying we proud of you also, you know what I'm saying, cause when
there's a crises, we run around pointing fingers at the kids and the families and say
oh, they're out of control, out of control, but now they're trying to make some
better choices. I think they and their families, their parent, need to be
complimented about the fact that, hey, we know that you're trying to be included
in this process. So I'm thinking that they need a little support sometime also in
this process. So (mumbled) again I thank you, and I appreciate you listening to
what we had to say and give us the opportunity to establish some other things
along with the City and the police. Thanks.
Bailey: Thank you.
Barker: Um, Joyce Barker, um, Southside resident, uh, President of the Waterfront
Neighborhood Association. I've been working with the other neighborhood
associations down there as well. We're all working together as one cohesive unit
because it affects us all. Everything down there affects us all. Um, I just want to
say it's been pointed out in the past that, in this discussion, that many of the
offenders that they're worried about who will be picked on, or they think will be
picked on, with a curfew, are already breaking a curfew that they have with the
juvenile court system. Currently how do we expect our police to be able to tell
the difference, at a glance, how would any of us tell the difference at a glance
which ones have a curfew with the juvenile court system, and which ones don't.
By making a curfew that applies to all gives the police a tool to, if there is
something happening in the area and there's a group of kids, not to cite them
necessarily, not to do anything, but to tell them it's time to go home. Not only
does it give the police a tool, it gives the parents who needed help, because too
many of our parents do not...do not have the tools necessary to help make their
family be the way they want it to be. And we have not provided them in this town
a lot of those tools. For low-income families, there is no low-income night
daycare, night or evening, daycare; there are very poor setups for those people.
So if we're not supporting them in one way, shape, or form, and this just gives
them a tool. Gives the police a tool, gives us all a tool. Whether it is just to tell
the kids to go home, which is probably going to be the extent of it, unless it
accelerates, you know, that's what it takes. But why would we not want to give
them a tool?
Bailey: Thank you.
Hayslett: I'm Ros Hayslett and I live on Grant Wood Street. Um, obviously I'm here to
voice my support for the curfew. Um, I don't want to sound like a broken record,
but I view it as a tool as well. That's the last time I'm going to say tool, I promise!
(laughter) Um, I know that representatives from the City Council went to
Davenport to investigate the neighborhood initiatives. At your meeting on
November 16th, you indicated interest in adopting some of the initiatives that
Davenport has implemented. In the report I didn't see any mention to, uh,
Davenport's curfew. I'm sure that was an oversight as I know that Davenport does
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
29
use the curfew...their curfew. Um, Davenport determined that a curfew for
minors is necessary to promote the public health, safety, morals, and general
welfare of the city, and I'm sure that City Council agrees that these goals are just
as important for the City of Iowa City. Um, Mr. Wilburn, on November 17th you
stated that bar owners have a responsibility to uphold the order to keep their
license, their liquor license. The Council also likewise has responsibility to
citizens to ensure safety. What I'd like to ask is, what about the Council's
responsibility to the citizens to promote public health, safety, morals, and general
welfare of the city, or is Council's responsibility reserved only for keeping us safe
for underage drinking? I just want you to think about that. Thank you.
Bailey: Thank you.
Hamlin: My name's Scott Hamlin. I also live on Grant Wood Street and I'm also here in
support of the curfew. I want to thank Ros for stealing a lot of what I was going
to say, um (laughter) basically...this amendment that you guys brought up tonight
-that sounds great! You know, we're in support of this curfew and the
amendment sounds great (mumbled) go out there. Um...it's been brought up, you
know, that we need bar-b-que grills, we need park benches, we need all this stuff -
that's great too, you know, if the City has the budget for it -put it in! Do
whatever it takes, but um, that still does nothing to stop children from roaming the
streets at 2:00 in the morning. And we're talking children here! So that's what...I
was going to bring up what Ros said at the last meeting, that it's the City Council's
responsibility to ensure the safety of its citizens. So by voting no on this, whose
safety are you ensuring, but I just want you to think about that. Thanks.
Bailey: Thank you.
Hansen: Hi, my name's Jerry Hansen. I really wasn't going to talk tonight (laughter). Mr.
Wright, your amendment tripped me here. Uh, and what you said about where it's
being used and how often. I think it's inherent in the makeup of the city
neighborhoods, that certain neighborhoods it's going to be used more than others,
and I think you're going to have to understand that from the beginning. So saying
that it's used more in one than it is in another, I don't think should preclude
anything. Uh, I'm here to support the curfew, uh, there are many, many good
people that live on the southeast side of Iowa City, and we're dealing with some
troublemakers. And... although this amendment, you know, won't cure
everything, I think it is a step in the process, uh, I agree with Mr. Harper, you
know, now that we've done this, if this goes through, what do we do next? And
I've heard a lot of talk about, uh, you know, what was brought up tonight, the bar-
b-ques, the park benches, and...and also programs. I hear programs all the time.
And when we had the trouble in the Wetherby neighborhood we attacked it with
programs too. We've had ten years worth of programs. In my opinion, programs
won't work! None of'em will work! And it's not because I think programs don't
do a good job. I think they do. I think we're dealing with people that won't
participate in programs. I think that, you know, they come from places... from
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
30
homes where their parents...and they call the police names. I think that these kids
are nothing like the outstanding students you had standing up tonight. They won't
participate. They don't do well in school. So programs, you know, I'm not so
sure about that. I'll tell you what worked extremely effectively in Wetherby when
we had our problems, and that was enforcement. Suddenly we had no more
problems. As long as the police were in that area, things were nice. So, those are
my comments tonight. Thank you.
Bailey: Thank you.
Badgett: Um, good evening, my name is Kenya Badgett and just like many others, I really
wasn't planning on talking this evening. I guess, um, I've expressed my concerns
for this curfew, um, but the comments that were just made kind of bothered me a
little. Um, I don't...I believe the kids in these...in this area are just as outstanding
as the students that were (away from mic) I believe the students...the kids in...in
the southeast side who will be affected by this curfew, um, are willing to go to
programs, just like the other kids in...in the city. If they're offered the programs
that they want to go to, um, and you can...you can offer programs all day long; if
they're not the right programs or if they're not, um, provided at the right times, if
they're not given the transportation to get to these programs, so my...my concern
with this curfew is not that...not that the targeting the kids or however you know
all of these other issues, but if you're going to enforce a curfew, which is more on
the side of criminalizing the child, package the deal with something more. I've
been fortunate enough to be able to listen in on the juvenile justice division work
group and all of the youth programs in the area have been there, and quite frankly
I didn't know 85% of the programs that were out there that have come up, you
know, the arts programs, the...the dance, there was a samba program that I had no
idea was out there. The programs are there, they're good programs; once...once
the work has been completed with the Coalition and these other groups and they
solidify what's going on in the community and the program leaders can work
together and communicate more effectively, the programs will bring the kids
back. The programs will be available for the kids, for all kids, not just some of
the kids who can afford to go to the programs, or whose parents may not work,
um, first and second shift and who may have a parent who stays at home all day
that can take them to these 9:00 A.M. programs or you know 2:30 in the afternoon
programs or whatever. So, I ask that if...whether you implement the curfew or
not, that the City Council takes a stand and works with these other programs and
puts just as much rigor behind getting other programs out there, getting these kids
to these programs, getting other, um, efforts in place as much rigor as we have put
behind this curfew. Thank you.
Bailey: Thank you. Further discussion?
Porter: Hi, my name is Royceann Porter and I definitely come tonight, I was not going to
speak, honestly, until I just heard someone speak and they spoke of the problems,
some of the problems that we had on the southeast side of Iowa City. Um, I
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
31
started a new job which made me the community liaison for juvenile courts, in
July, when all this stuff started happening. I came in at the time when it was...my
job was very chaotic cause I came in, kids were being arrested, juvenile courts,
detention, court... court, court, detention, court, okay? These kids has paid the
price. These kids so-called gang wannabes did go out, did what they did, they had
the shooting, okay? They did. A lot of kids are in detention centers, they're gone.
The trouble-makers, the ones that were out there acting the fool are gone. Those
that's still here, that's on probation; have been put in programs. Not only have
they been put in programs, but three of 'em, I have 'em myself, they're my clients
with juvenile courts, are at City High School going through the Phase Program at
Four Oaks going through CDC, completed that program, is back into City High
School, and three of'em are looking at Mr. Henri Harper's fast track. These three
boys, that everybody gave up on, that was running around here acting the fool,
that was considered gang-bangers. I have police officers that's...wants to come
forward with one and was like we want to be a mentor. This kid has potential, but
if you give up on 'em, who gonna be there for 'em? And then when you talk about
programs don't work, hehe, I don't know why! Cause the programs that they're in
are working! And not only that, the three, like I said, are potential fast track.
They have As and Bs. They are in Stage B of the Phase Program, so you will not
sit up here, and I will not let you stand here and say that programs don't work.
There are mentoring programs. You have the neighborhood centers. They got
people just coming forth wanting to work with these kids. It's not about these
kids, those kids, those people coming down here. They don't know how to do
this, if you get somebody and you embrace 'em and you take 'em on, they can
change. But, when will it stop that, you know, if you do the curfew, you do the
curfew. That's fine by me. I'm with the curfew, but we need to continue our
programs. Programs do work! You got the Salvation Army. Salvation Army has
three vans and a 24-passenger mini-bus. Why? Because every Tuesday we're
picking up a hundred kids. There are programs in place. We are working with
kids. You got the Broadway Neighborhood Center have a boys to men's club that
these juvenile detention boys have gotten involved with, and they have mentors
now. They have somebody that they can look up to. They have somebody that
they didn't have when they came to Iowa City. So, I do want you to know that
programs do work. And I'm very, very proud of the accomplishment that they
have made. Thank you.
Bailey: Thank you. Anyone else? We're going to move to discussion among
Council...okay, go ahead.
Blanchard: Hello, my name's Angelina Blanchard-Manning. I work out of the neighborhood
centers with the mentoring program called Children of Promise, but tonight I
come personally representing myself. Um, I work a lot with those kids and these
families, and um, just kind of want to make a comment about the curfew.
Whether you go for it or not, I think it's important to consider how does it foster
relationship building, um, how does it get people who are upset, who don't know
the kids that are playing n their swing set that, uh, live next door that break it, how
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
32
does it get them to have a conversation with the parents? How...how does it
bring people together, because if you slap a band aid or something down on it, it's
going to do what it's supposed to do for a bit, but what's...where's the significant
change coming from and the other thing that I want to say, it's...it's rough
working with these families and hearing they don't have outstanding qualities like
the kids that came here today. The kids that came here today, you know, maybe
some of their weaknesses are just so different from some of the other kids'
weaknesses, just as those kids' strengths are so different from these kids'
strengths, and once more, curfew or no curfew, I'm just...I can't believe that
we...we're not recognizing like Henri Harper's saying, some of these kids'
strengths, and these parents! Holy cow! Some of these parents that come down
here, um, no luggage, one-way ticket, don't know where they're going to stay
cause they don't have family or a support system down here, um, but they hear
about the shelter. They get out of the shelter, they get into Section 8 housing,
they do awesome, they have four kids, their kids -half of 'em graduate high
school, the other half are making Cs -that's average - and...to me, that is so
outstanding, um, so I...I don't want to keep going, but how is this curfew going to
help relationship building and...how do we recognize the strengths that maybe
aren't the everyday strength that people get certificates for?
Bailey: Thank you.
Davidson: Good evening. And, I'm a new citizen of Iowa City. My name's David Davidson,
and I'll sign the book, I'll follow these procedures, but um, I'm a professional from
Atlanta. Came to work for a company here and we work nationally around, um,
this region and around the country, and my job is as director for racial equity.
And, um, a couple of comments. I came here to observe, like many of the other
folks, I had no intention of speaking this evening, but it's, uh, it really, um, I'm
compelled to say a couple of things, as a new citizen, and what I'm observing
and...and my decisions about staying...whether to stay and um, where to be, uh,
while staying here. Um, a couple of things as it relates to, um, tools. Um, I come
from a city steeped in issues of race and segregation and just say history, um, I'm
familiar with, um, crime commissions from my own work. Law enforcement
typically already have the tools to police the communities that they need to police.
There's nothing on the ordinances, on the books here in Iowa City, that I can see
that would preclude police officers from, uh, intervening with young people, um,
in the absence of such an ordinance. Um, tools, tools for parents, uh, presumably
to help parents whose children are going to be impacted disproportionately by
this. Those would be tools I would certainly ask those parents if they wanted
before I decided to give it to them. Um, last but not least, um, I want to commend
the Council first of all for, I understand this issue was sort of started back, um,
maybe around...back in the spring, but you took this up in September, I believe,
September...August or September, uh, for your patience, your diligence, and your
sense of inquiry. Your sense of we need to look more deeply at this. Um, clearly
you've done some homework and understand that there's no hard data that says
that there's any, um, real affect from doing these things, but it makes people feel
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
33
good to do so. And, I know that's part of the business that we have to be in, in
public service. But I do want you to consider, uh, disproportionality here, and
some of the language and some of the record from your own meetings as it relates
to how this law or how this ordinance is intended to be enforced, or why it was
precipitated. Um, take a look at some of your own data, uh, I've been involved in
some data finding here in, uh, in the city, um, in this area, um, around trying to
find a resource to support the work in this community, and uh, Miss Correia's
agency has a...has a office on disproportionate contact. I think it's important to
look at how your law enforcement is already disproportionately touching the lives
of African-American males, um, by something like ten to one. Uh, if we are
looking for a tool to increase the contact between police and students of color,
disproportionately, then I say you're probably on the right track in passing such an
ordinance. If you're interested in seeking what's below, what's underneath all of
this, what's not being said, and being said in some ways, then I think the path that
you're taking right now of considering and gathering more information and
thinking about how we monitor this, if we come up with it, um, is a path worth
pursuing. Um, I wasn't prepared to speak, um, about, uh, about being specific
here, but I live on the southside, um, I'm...I never felt safer. I am, uh, over at
Grant Wood Elementary, play basketball on the courts there, I walk the sidewalks
there, I sit in the picnic areas there, and once I guess or twice I just liked to be
able to see some of the things that people are so afraid o£ I just...I haven't been
witness to it. So maybe if I stay another year I'll find that out, um, but um, I want
to just thank you for your patience and your consideration and being deliberate
about this process, and um, God speed to you all.
Bailey: Thank you. Anyone else? Seeing no one else, um, we will move to Council
discussion.
Wilburn: I'd like to start, if I may. Um...couple issues were brought up, and I just wanted
to provide some information (mumbled) uh, that I have some philosophical
disagreement with, and I respect your opinions and uh, and appreciate your
participation. Um, despite the disagreement that we have about curfew, um, the
direction with, um, a grass roots effort, whether that was concerned about the
curfew or those that have been involved through the neighborhood associations
and if...if that energy can continue beyond this, um, I think the Council...you
have the full support of the Council in looking at some other aspects to safety and
involvement. Um...the safety, uh, health and welfare are three issues and areas
that I take very seriously and I hope you believe that. Uh, how you do that, and
balancing those three different areas, in addition to...individual and public rights
are another thing that as a Council Member I have to take a look at. While, uh,
you are just as passionate about your belief in a particular tool, in this case the
curfew, um, I and others in the community have just equally a passionate concern
related to this as a tool, um, in its effectiveness, and some of it's just in terms of
individual right, and curfews go back to our youths in some areas and in some
communities they don't and I realize we're all at various ages, but you may not be
aware, um, that it's not just, sorry for the sports analogy, it's not just aslam-dunk
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
34
that it makes sense that this is a tool that's available. In 1989, August, uh, 1989
was when the Iowa Supreme Court, uh, gave the ruling on whether or not, uh,
curfew was even constitutional, and it was a 5 to 4 ruling, and that shows that
reasonable people can disagree, not only about a core value and philosophy, but
the approach and how you get there. Uh, out of this discussion, um, you know,
we're in our budget that's coming up, and some of you have been present at our
work session, we've talked about, uh, you know, more law enforcement and...and
how we, uh, whether that, uh, involves a juvenile officer and...and those type of
things, uh, in addition to some things that may come out of the survey, in terms of
requests, some of the requests which may involve the City, um, are... some of
them are policy issues, some will be budgetary issues. I invite this energy in our
budget session because we are getting, uh, pummeled by some about certain
revenue approaches that we're looking at right now, to pay for some of these
things that people, um; in addition to others you're going to be asking for. Uh, the
issue of tools, and tools for law enforcement, uh, another area that I take
seriously. I hope, um, I have several friends, prior to my involvement on Council,
that, uh, I worked with in my role as a youth counselor, and um, and I feel respect
both ways, but I have tried to look at, um, appropriate tools and reasonable tools,
and tools that in my opinion and interpretation are ones that will be valued and
respected, uh, as a community, and so that's balancing community values and
needs. Um...and...I do look to provide tools that I think are effective and not
ones that are necessarily, uh, are going to be, we11...I'll let that statement stand,
that are effective. For example, a few years ago, uh, Iowa City looked at whether
or not law enforcement should be carrying tasers. Looked at the information,
were not allowed before, um, I came out in support of tasers, in terms of looking
at their usage, the risk involved with using tasers because there's some risk
involved with that, and uh, I, uh, in that case I, uh, several people disagreed with
me about whether or not law enforcement...Iowa City law enforcement should be
carrying tasers. So, um, I think it's important to not provide a blanket in terms of
tools that, uh, law enforcement may request, because there are certainly some
tools I...I think we could come up with a list of tools that we think, uh, wouldn't
be appropriate for our community and... and uh, the types of crime that we have
here. It wouldn't be easy, or difficult to come up with some examples, whether or
not we have consensus or unanimity in what the appropriate tool is, we're not
going to get there. Um, I appreciate the Council Members that, um, in their
opinion think it's important to mandate, you know, an annual review of this. I
suspect that there's enough support to...to pass. There was before, even though
we, uh, had the delay there. But I will continue to have that philosophical
opposition to curfew as an effective tool in the arsenal of law enforcement, and
I'll...I've talked well beyond, uh, what I probably should have, but I wanted to
make sure that I addressed some concerns that were brought up. The final piece,
uh, we did bring up in front of the other entities the...the other
governatorial...um, governatorial, um, governmental entities in the County, um,
Coralville, North Liberty, the County, um, at a meeting that we had, and when I
asked about curfews and their curfews, um, yes we've got a curfew, uh, yes, sure
it's effective. Do you collect data? Well, uh, in effect it was...the answer was no.
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
35
Uh, but they felt that it was an important tool for their law enforcements to have
and one case, I don't know if it was effective or not, but we've always had it so,
you know, I don't see a difference. After that meeting, about a quarter of the
people in the room, uh, regardless of the towns that had the curfew or not, came
up to me and said, geez, I'm glad that you're, uh, you're not supportive of the
curfew because of you know, a certain... a variety of issues that are reflected here
in the room. So without (mumbled) I'll keep my mouth shut.
Bailey: Further discussion among Council Members?
Wright: I think this has certainly been one of the...most complex issues that Council has
faced since I have been part of this body, and certainly the one that I had actually
lost some sleep over. Uh, since we began...began having these conversations last
spring. Curfews are a mixed bag. I've looked at quite a bit of research. I've
looked at scholarly research, I have looked at... more anecdotal types of research.
Sometimes a curfew has proven itself to be relatively effective, and sometimes it
has not. Um, I think one thing we've heard tonight repeatedly is if there's going to
be a curfew, it has to be part of a package. I think somebody referred to it as a
package deal. And I agree with that wholeheartedly. I think the group, uh, Safe
Neighborhoods has started doing some very important work, uh, particularly in
the southeast side of Iowa City. I think there are some conversations that we need
to have still as a community, regarding some of the issues that brought the curfew
up. Somebody else used the phrase 'standing together' tonight and I think that's
one thing that's going to be extremely important for Iowa City to do is to stand
together, to know our neighbors, to know each other by name, um, one of the
studies that was in our packet just this week, one of the most important things for
reducing crime and tension in a neighborhood is knowing your neighbors, and one
of the things that we're beginning to see is that we have a lot of neighbors who
really don't know each other. I think the Safe Neighborhoods group is going to be
trying to address that and I certainly applaud and will assist our efforts as I can.
That being said, this mixed bag, this curfew, uh, is something that I do reluctantly
support. I believe one year's worth of data might give us some very interesting
background information, uh, with which to review it, and I think that having this
data will be something that the whole community needs to take a look at. This is
certainly not a decision that I think any of us have taken lightly. I think it is one
that has, uh, will continue to cause reasonable people to disagree, none the less,
when I think of the...overall good for the community...for all involved, this is
something I believe we need to give a try, in conjunction with other programs. As
a standalone tool a curfew is pointless. As part of a package, it may have
something to offer to Iowa City.
Hayek: I'll, uh, I'll weigh in...I've spoken several times on this, at greater length than I
will tonight. Given the hour I'll keep my comments short. Can't tell you how
much I applaud, uh, the work that the Safe Neighborhood Coalition has done, and
I think it reflects very well on the community, um, and it was mentioned, uh, the
AmeriCorps assistance to the project. My wife was an AmeriCorps volunteer. I
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
36
was a Peace Corps volunteer. We both did community organizing. Uh, I did it
for over two years. I know the power of community organization, uh, and it's
ability to effect great change within, um, a community. I believe in it. Uh, and I
see that happening with this group and... and with whatever direction it goes, um,
and that's a great thing, um, I don't think the work, the good work of that coalition
is, um, mutually exclusive with, uh, a curfew. I think they can work in concert.
Um, and uh, I...I, uh, I think Mr. Harper's point about the...the passage of time
and the ability of the Council and of the community generally to take a more
dispassionate look at these issues, uh, has benefitted us. Um...obviously the
potentials right there as we saw tonight for...for the service to be scratched and
for tensions to, uh, to rise. Um, that will always be the case. Uh, but uh, I do
think this group has, uh, taken a step back and looked carefully at the issues. I
think the people involved have as well. Um, so in my opinion we're making a
decision, uh, that is well informed and...and thoughtful, and it comes after a lot of
deliberation. Um, I'm going to support the curfew as I have, uh, from the
beginning, but I very much hope that the important work that has been started
over the last two or three months continues, and I hope the City can support that.
Champion: I, uh, did vote to defer this, uh, curfew. I am going to support it. I think anybody
who knows me knows that I'm a true advocate for children. All children! I was
on the original At Risk committees for the School District. I've had at least 15
foster children. I have eight children of my own, and 17 grandchildren! But my
whole point is, I don't think this is bad for kids. I think it's good for kids. Um, I
agree the, uh, neighborhood coalition needs to keep going. Uh, I agree that
programs are very effective, because the kids who are going to really get in
trouble, they probably aren't going to go to those programs, but every kid that
goes to a program, might stay out of trouble. There's a...just because kids go to a
program, they're doing something, they're making a good decision, and that needs
to be encouraged, and you need to have programs and ways for these kids, uh, to
get to these programs. It's very effective, and I want to see the Council get
involved in this. Um, I totally support the curfew. I...I said it all along in the
campaign, I still support it. I don't think it's a bad thing for kids. I don't think it's
a bad thing for families. I think it's a healthy, good thing, and I'm going to totally
support it.
O'Donnell: Well, and I also support it. I've supported it all along. We, uh, we got a packet of
letters from...from young people at Grant Wood Elementary and if Council hasn't
read'em, I...encourage you to read every one of them. They're incredibly bright
young people and uh, I thought they were very thoughtful. I believe it's an
effective, reasonable tool, uh, it's something that our police force has asked for,
um, you know, I don't think any good can come at all by having a 12 or 14-year-
old young person out after midnight, or after 10:00. I, you know, there's nothing
you can do but get in trouble. Um, it... it will be, um, applied evenly throughout
the city, um, I have great confidence in our police department. So I'm...I will
continue to support it.
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
37
Bailey: Further discussion?
Correia: I'll weigh in on my...position, which is to continue to not support the curfew. I
mean, I think that it's the responsibility of folks in elected positions to take
emotional recommendations. I think that this came out of an emotional place,
which I do understand that emotional place, but then to look at objectively at a
number of factors to make a determination about what's the best way to proceed,
um, when I looked at data on juvenile curfews, um, there's not a compelling
reason in my mind, um, that...to show that juvenile curfews have the response
that, uh, that folks want when they are proposing that juvenile curfew. Um, I
think that the behaviors that, uh, we heard from neighborhood members, that they
were concerned about, are behaviors that are already illegal, and that our law
enforcement officials have the ability to intercede and interact with young people
to respond to, uh, to hold accountable and that there are then juvenile justice
processes, um, to, uh, punish and rehabilitate, um, because we are talking about
young people. We are not, um, the...the opportunity and possibility for
rehabilitation is much...is great. We have very immature minds at work, and we
need a whole community of adults, uh, working to support those immature beings,
um, and not pointing fingers, um, at them, um, or at...at parents that are trying
their hardest to, um, create better choices and better opportunities, and I feel that
the discourse, um, much of the discourse around, um, the request for this juvenile
curfew has been very disturbing, to me, and... and I think to many other people,
um, I hope that some of the, and I believe that much of the energy can be focused,
um, through efforts like the Safe Neighborhoods Coalition to create
neighborhood, community, um, inclusiveness and welcoming and um, real true
community, um, and so I really hope, uh, and believe that that will happen and
encourage everybody to continue with that and not just say, oh, this policy has
passed and this will solve the problems that...that have come...come forward.
I'm also, I've expressed this concern. I'm concerned about the disproportionate,
um, minority contact that we have in Johnson County. Um, this is a...a national,
a concern. The federal government is concerned about this. There are programs
in place to address this. Um, unfortunately Johnson County has, uh, the highest
disproportionate rate in the state of those counties that are, um, that the state-wide
disproportionate minority contact resource center, um, provides data for. So,
Scott County has the lowest disproportionate rate, um, 3 to 1 still
disproportionate, where Johnson County is 11. Um, related to arrests of juveniles.
I think that it's the responsibility of this Council, and the future Council, to
challenge our police department to really look at that rate and to take efforts to try
and reduce that rate, um, and so I think that that...that should be, uh, I put that
charge on the .City, uh, and the Council to really address that, because that is very
concerning.
Bailey: Thanks. Well, I will take my turn I guess and weigh in on this. Um, Amy spoke
of a motion, and I think one of the best things I've heard, um, that's come out of
this, and yes, it came from a very emotional place, but tonight we heard a...the
emotion of hope and what a moving forward with some of these measures, these
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
38
community building measures, and I think that's an absolute critical factor at this
time in our community. We can all see that things are changing here and we can
all see that this is a critical fork in the road for Iowa City, and we can become the
city that we dream of and all want to live in and we can create something great
together, or we can create a city where people are fearful, people, um, don't know
their neighbors, and it's not the kind of place that anybody wants to live. So, I'm
very hopeful that these efforts, um, will make great strides, um, it looks like we
will have a curfew, so I hope that those efforts go hand-in-hand. I continue, um, I
continue...I'm unable to support this ordinance, and Mike indicated that a lot of
people...we probably all lost a little sleep thinking about this, and...and I guess
my...some of my thoughts really moved to a very philosophical level. I very
carefully read everything. I actually spoke to one of the young people who wrote
one of the letters in support of the curfew, one of the sixth graders from Grant
Wood. We had a long discussion about it, um, but my thinking moved to a very
philosophical letter, or level, about why...what laws are effective, why we pass
laws, and um, I think that this was said earlier in our discussion, that this is not a
law based upon behavior. It's based upon status. It's based upon age, and I have a
lot of difficulty with that. I think communities come together to address, um,
behavior that is found inappropriate, and perhaps some people would say, well, it
is inappropriate for a kid of a certain age to be out at a certain time, but
fundamentally I think that we have the laws on the books to address the behavior.
So philosophically why add another law to our books. Well, in many of the
letters that I've read, many of the comments I've heard, that this is an effective
tool. Well, for me...a law should be enforced consistently across the board. If we
agree that it's a...that the behavior is inappropriate, we...we don't pull out the tool
to use infrequently or discr...in a discretionary manner. We use it consistently
across the board, I mean...why add laws that are going to be infrequently used?
So I just can't get to the place where I could support this, um, so I'll be voting
against it. And I guess given the hour, I will conclude my remarks and call for a
roll call.
Holecek: We've been discussing...the amendment, um, I believe that the amendment,
because it is not a sunset clause, is not substantive so the motion on the floor was
to approve second reading. I think we can forth with second reading.
Bailey: Okay.
Holecek: I just wanted to (both talking)
Bailey: Second reading as amended. Thanks for clarifying that.
Holecek: Okay.
Bailey: Second consideration passes 4 to 3, Bailey, Correia, and Wilburn voting in the
negative, and the Council will take aten-minute break.
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
39
Karr: Motion to accept correspondence.
Wilburn: So moved.
Wright: Second.
Hayek: Second.
Bailey: Moved by Wilburn, seconded by Hay... Wright, I guess. Nobody's name I know
tonight! All those in favor say aye. Motion carries.
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
40
ITEM 8. CONSIDER AN ORDINANCE AMENDING TITLE 17, CHAPTER 1,
BUILDING CODE, BY ADOPTING THE INTERNATIONAL BUILDING
CODE, 2009 EDITION, AND THE INTERNATIONAL RESIDENTIAL
CODE, INCLUDING APPENDIX F RADON CONTROL METHODS, 2009
EDITION, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL
AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF; TO
PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND
SAFETY OF THE CITIZENS OF IOWA CITY, IOWA (SECOND
CONSIDERATION).
ITEM 9. CONSIDER AN ORDINANCE AMENDING TITLE 17, CHAPTER 2, BY
ADOPTING THE UNIFORM PLUMBING CODE, 2009 EDITION, AND
PROVIDING FOR CERTAIN AMENDMENTS THEREOF; TO PROVIDE
FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY
OF THE CITIZENS OF IOWA CITY, IOWA (SECOND
CONSIDERATION).
ITEM 10. CONSIDER AN ORDINANCE AMENDING TITLE 17, CHAPTER 4,
MECHANICAL CODE, BY ADOPTING THE INTERNATIONAL
MECHANICAL CODE, 2009 EDITION, PUBLISHED BY THE
INTERNATIONAL CODE COUNCIL AND PROVIDING FOR CERTAIN
AMENDMENTS THEREOF; TO PROVIDE FOR THE PROTECTION OF
THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA
CITY, IOWA (SECOND CONSIDERATION).
ITEM 11. CONSIDER AN ORDINANCE AMENDING TITLE 17, CHAPTER 13,
FUEL GAS CODE, BY ADOPTING THE INTERNATIONAL FUEL GAS
CODE, 2009 EDITION, PUBLISHED BY THE INTERNATIONAL CODE
COUNCIL AND PROVIDING FOR CERTAIN AMENDMENTS
THEREOF; TO PROVIDE FOR THE PROTECTION OF THE HEALTH,
WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA
(SECOND CONSIDERATION).
ITEM 12. CONSIDER AN ORDINANCE AMENDING TITLE 7, CHAPTER 1, FIRE
PREVENTION AND PROTECTION, BY ADOPTING THE 2009 EDITION
OF THE INTERNATIONAL FIRE CODE TO REGULATE AND GOVERN
THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND
EXPLOSION HAZARDS ARISING FROM THE STORAGE, HANDLING
AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND
DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR
PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES IN
THE CITY OF IOWA CITY AND PROVIDING FOR THE ISSUANCE OF
PERMITS (SECOND CONSIDERATION).
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
41
Hayek: I move that we consolidate items 8 through 12.
Bailey: Okay.
O'Donnell: I second that.
Bailey: There's a motion and a second to consolidate all of these code...building code,
um, ordinances. Any discussion? Okay.
Champion: Should we just read the numbers?
Bailey: Marian insists that we...I...I will read them, but I can read fast. All those in favor
of...of considering items 8 through 12 together say aye. Those opposed say nay.
The motion carries. (several talking)
Wilburn: It's gotta be read into the record. (several talking)
Bailey: We need to read it into the record. (mumbled) Okay. (reads items 8 through 12)
Champion: We need to expedite them.
Bailey: Expedited, um, action has been requested to allow for publication.
Wilburn: Move that the rule requiring, uh, ordinances be considered on, voted for passage,
um, at three readings to be suspended, that second consideration and vote be
waived, and that, uh, the ordinances be considered for final adoption and passage
at this time.
Wright: Second.
Bailey: Moved by Wilburn, seconded by Wright to expedite items 8 through 12. Any
discussion?
Hayek: For the public's edification, all of these items have been previously, uh, passed at
first consideration by the Council on a 7-0 vote.
Bailey: And there was indication that there was a lot of cooperation among, um, Home
Builder's Association and the Realtors in town, so we feel that these have been
thoroughly vetted.
Champion: Non-controversial.
Bailey: Non-controversial, okay, and um, we're expediting to allow publication and
distribution, um, so they're out by January 1st. Roll call. Okay, 7-0 to expedite.
Wilburn: Move final adoption of the ordinances.
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
42
Bailey: Moved by Wilburn.
Champion: Second.
Bailey: Seconded by Champion. Any discussion? Roll call. Items 8 through 12 are
adopted.
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
43
ITEM 13. CONSIDER AN ORDINANCE AMENDING TITLE 12, ENTITLED
"FRANCHISES", OF THE CITY CODE TO ADD A CHAPTER
IMPOSING A FRANCHISE FEE ON THE GROSS REVENUE OF
FRANCHISEE MIDAMERICAN ENERGY COMPANY DERIVED FROM
THE DISTRIBUTION AND RETAIL SALE OF ELECTRICITY AND THE
DISTRIBUTION, DELIVERY AND RETAIL SALE OF NATURAL GAS
BY MIDAMERICAN, OR OTHER NATURAL GAS PROVIDERS
UTILIZING THE DISTRIBUTION SYSTEM OF MIDAMERICAN, TO
CUSTOMERS WITHIN THE CURRENT OR FUTURE CORPORATE
LIMITS OF THE CITY OF IOWA CITY, AND ON A REVENUE
PURPOSE STATEMENT SPECIFYING THE PURPOSE OR PURPOSES
FOR WHICH THE REVENUE COLLECTED FROM THE FRANCHISE
FEE WILL BE EXPENDED (PASS AND ADOPT)
Wright: Move to defer until December 7th.
Champion: Second.
Bailey: We have a motion to defer to...the 7th?
Karr: December 7th.
Bailey: December 7th.
Champion: Second.
Bailey: Moved by Wright, seconded by Champion. And just for the public's information,
we have possibly some very good projections on some of our revenue projections,
and um, we're waiting to get those to ensure that we're actually imposing a
franchise fee that's needed. So...okay.
Karr: And, Madame Mayor, the...the special meeting will be 6:15 on the 7th.
Bailey: 6:15 on the 7th, okay. All right, any further discussion about the motion? All
those in favor of deferring this to the 7th say aye. Those opposed say nay.
Motion carries.
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
44
ITEM 17. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST THE FIFTH AMENDMENT TO
THE PENINSULA NEIGHBORHOOD DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND PENINSULA
DEVELOPMENT COMPANY, L.L.C. (PDC)
O'Donnell: Move the resolution.
Champion: Second.
Bailey: Moved by O'Donnell, seconded by Champion. Discussion? (several talking)
Wright: Come to the microphone.
Bailey: You need to come to the microphone. Thanks.
Holecek: Madame Mayor and...I just want to make the Council aware, I think you
discussed last night some minor amendments, to clarify the staging of the phasing,
to make sure that we were covered as far as not creating straw companies.
Bailey: Right.
Wells: My name's Al Wells and I'm not sure if you've received a...
Bailey: Yes we did.
Wells: ...letter. Uh, I guess...I, and I apologize for coming in at the 12th hour, but I
wasn't aware that it was coming up to the City today, and I found out last
Thursday, emailed Planning and Zoning, talked to them and they directed me to
come here. I guess I'm...I...I'm looking at this as a builder/developer with other
builder/developers who are interested in seeing the Peninsula prosper, and we also
feel that the way it's set now, we are unable to buy lots, we are unable to
participate in that area, uh, and I...I thought maybe there would be a way
that...that we could work with the current developers so that...instead of the lots,
and I'm not sure what their calculations are on the pricing, but... if a lot is
$180,000, which is what was quoted to me, how...what's the reasoning?
(garbled) a builder from proceeding, I mean, you can't build a home on a
$180,000 lot that's 40 by 100. So...I thought would there be a way of...of having
a... a mechanism where outside builders that would follow the entire, uh, design
requirements that have been in place could buy a lot at cost plus a percentage, and
then the current developers would sell lots, houses would be built, and they'd
move along maybe a little bit faster. They're requesting a... a second amendment
and I think they've done an excellent job in the last four months. The new group
is in there. It's pretty evident, uh, things look great, but... if you grant them this
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
45
extension for eighteen months, nothing will happen in Phase 3. Whereas, if it
were, and now is the time to review and accept other alternatives for Phase 3 and
Four. They're requesting an extension, maybe there should be some language in
there that the local builders that have an interest in building there, uh, could work
with the existing developers and they could be the master builder, whereas we
could buy lots for (garbled) build. And, that's the only reason I'm...I went so
strong as far as denying, uh, the extension, but I also proposed in my letter of
intent some things I think are important that the current developers could consider
and offer to other builders in the area. And I'm just saying, they've got enough
lots right now to keep 'em busy, they've got the prime 17 lots in 2A that overlook
the river, why not really energize this project, put some new people in there in
Phase 3? And follow the same guidelines that have already...I spent a day at the
City Attorney's office. Excellent guidelines, nice...black and white. And that's
what I'm requesting, is an opportunity to do Phase 3 while they're working on the
current phases.
Bailey: Thank you. Further discussion?
Correia: Has there been any discussion at the staff level about any other...ways of building
out the Peninsula?
Davidson: Uh, not really, Amy.
Correia: Okay.
Davidson: Um, I was made aware of Mr. Wells' proposal, and basically handed his letter that
I guess you all have received late this afternoon.
Correia: Right.
Davidson: And I'm not even sure if I have the current version of it.
Correia: Right, I guess I'm not...I don't know that I'd be prepared to discuss any specific
idea at this point, but I mean...
Davidson: Nor am I!
Correia: Right! Right! Um, but just given...through the life of this project...I imagine
that there have been maybe lessons learned about how things have been set up.
Has there been any discussion about...
Holecek: To my knowledge there is nothing in... once, for instance, we have sold lots, for
instance, part...Phase 2 and Phase 2A have been sold to the developer. Um,
there's nothing to preclude them from selling it to another builder.
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
46
Davidson: And they have sold lots to other builders. Um, but there is nothing requiring them
to sell lots to other builders, uh, there's nothing stipulating whether they would
use their own (mumbled) it's largely, not largely -it's totally an issue between the
Peninsula Development Corporation and any private developer who would desire,
or builder, that would desire to purchase a lot.
Correia: I guess my question is is that, so at this point we have...there's an agreements that
there's one master builder that is...
Davidson: Master developer, yes.
Correia: Fine, master developer, thank you for the clarification, that's in control over
the...whole, all of the land, based on this agreement.
Davidson: Not all of the land. Just the land that they own, which is...there's a total of four
phases (both talking)
Correia: Right. But I mean, there's the...
Holecek: Actually that's all through a regulating plan. The Peninsula has its very own
zoning code and its own regulating plan that calls out what types of, um,
structures and uses that are going to be put in different areas, but until that's
actually platted, and the...one of the amendments being asked for is so that they
can go forth and plat Phase 3 without having to build out 50% of Phase 2A. So
there's...that's one of the amendments, that they can proceed to other phases, so
that you're getting more of a mixture I think is their intent. Um, but there's
nothing...once we've sold property to them that precludes them from working
with other developers, or builders.
Davidson: Or...or requires them.
Correia: Right, right. But I guess the...model that we have right now is that we have a
contractual relationship with one developer. Okay. So I guess my question is is
that something...has there been any staff consideration of that model, has that
been a good model? Do we like that model? Do we want to continue it, through
all...for different extensions? That's...I guess that's my question. Do we want to
continue to operate under this model?
Davidson: Well, that's ultimately the question for the seven of you.
Correia: So I mean, right...
Davidson: I mean, to answer the question from staff s perspective, uh, we have certainly
tweaked the model along the way. As Sarah pointed out, it is a unique model. It's
a model that we don't use anywhere else in Iowa City, so we've learned a lot along
the way. I will confess to you, uh, we have not considered junking the model, and
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
47
starting a new model, but we have tweaked the model. This is the fifth
amendment under consideration.
Correia: Okay.
Bailey: Any further discussion?
Wilburn: I guess my reaction, just initially, would be that, uh, backing up, um, this was a
concept, uh, and a certain type of developed design that's wonderful to hear that
someone feels that it...that the document that guides, the specifications, um, are
understandable and... and I'm forgetting the words that were used, but if you step
back and remember that was not always the case, uh, there were multiple
perspectives about, against the City even doing the concept, and being the
developer, and so, uh, in order for the City to, uh, to attempt, um, you know, this
type of approach, um, to work with a developer similar to any property owner.
That's what we are. Um, in working with a developer to come up with their, you
know, their concept and I think, uh, a reaction across the...the rest of the
community, I think it's, uh, some of the learnings along the way, and just some of
the, uh, reaction, response to citizens visibly seeing it, that's some of those
concepts have been, um, adopted, uh, and so it's having an effect across the, uh,
community so um, since builders aren't precluding from approaching, uh, you
know, the City's developer in terms of being, um, you know, working with them
and...and getting work through that, I...I wouldn't be interested in it at this time.
Bailey: Okay, any further discussion?
Hayek: Can...can I confirm that nothing precludes, um, this entity from selling lots to
other builders, in any of the phases they currently own or (both talking)
Holecek: That's correct.
Hayek: ...would require.
Holecek: Yeah. There...there are no, uh, restrictions on deeds or covenants or anything.
There is just the regulating plan and the zoning that's applied to this particular...
Hayek: If they wanted to jumpstart the building and felt like they lacked the manpower to
do it or... for whatever reason wanted to get more local builder involvement, they
could sell a handful of lots.
Holecek: It's a private business decision.
Hayek: Okay.
Davidson: And we're...
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
48
Wilburn: Based on the...the concept (several talking)
Davidson: One thing that I think is an important distinction and as Sarah's pointed out and as
several people have pointed out, we have the development plan that has to be
followed, but in terms of a transaction in the terms of the sale of a lot, the City is
not involved in that.
Bailey: Any further discussion?
Wright: Given that information, I...I was curious about the same issue, and I think given
that, um, I don't...I don't have any problem with the extension.
Holecek: The extension is basically for the purchase agreement between the developer and
the City.
Wright: Right. For them to be able to build out those lots, the two parcels that they've
already worked on, uh (mumbled) extension of time.
Bailey: Okay. Any further discussion? (unable to hear person away form mic) Mr.
Wells, you have to approach the microphone so it will be in the record.
Wells: I guess I have another thought on this, in that...I did approach 'em personally to
buy a lot for myself as a builder to build, and even offered to buy five lots so I
could do spec homes, and I was told why would we sell you any lots. You'd take
the building away from us. And I'm not the only one who has been told that.
So...all I'm saying is...it's four years behind schedule now. You're going to let it
go another 18 months, uh, when you've got interested, qualified Iowa City
builders and subcontractors who would love to jumpstart that development. Right
now...there's probably not one Iowa City contractor up there. Not one
subcontractor. You drive through there, it's all Michigan license plates.
Bailey: Thank you. Further discussion?
Champion: Uh, well, I don't know (both talking)
Bailey: Further discussion?
Gibbs: I'm Richard Gibbs and I'm here on behalf of the developer tonight. Um, I'll sign
in when I'm done. I just want to I guess say a couple things, um, before we came
in here tonight, we...we went through who we're using up there, and um, we,
between when we started our...our construction effort as (mumbled) and putting
in, uh, the infrastructure on lot 2A, through the end of the year we're going to be
spending about a million three with local contractors, out of about a million four
to a million five that we're going to spend in total. So we are definitely utilizing
local contractors. We get that. And that's what we want to do.
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
49
Bailey: Okay, thanks for clarifying that. Any further comments? Any further discussion
among Council?
Hayek: I appreciate the fact that both groups have been here almost three hours waiting
for...for this agenda item, and that's a tough thing to do, um...but, but I am
comfortable with moving forward with...with the agenda item, um, I...I want this
to move forward. It is behind. Um, I think lessons have been learned, uh, we
want to, uh (coughing, unable to hear) private sector to be as unfettered as
possible on this in my opinion, and I think that this...this proposal moves in that
direction. Um, and uh, we need to be mindful of the downturn in the real estate
market, um, but the market I think will have a stronger role in pushing this
forward, uh, with this concept.
Champion: It did get, oh, go ahead. I'm sorry.
Bailey: Go ahead, Connie.
Champion: Well, you know, it did get behind for several reasons, and I'm not going to go
through the huge expanse of reasons since I've been dealing with this project,
since it first came up. Um, it was very disorganized, I mean, people wanted to
buy houses up there. I personally tried to get them to build me a house, and they
could never get done. SO, um, I'm going to grant this extension. We begged
local contractors to come in on this project when we wanted to do it, and they
basically wanted nothing to do with it! Um...no, a year from now or a year and a
half from now, I don't know if I'm going to grant another extension, but I'm going
to grant this one. I think it's a good project. I think it's still a good project. It's
taken a lot longer than...I would have wanted it to, but um, I'm actually not
surprised. It's a new concept for this area, especially for...for Iowa, and
it's... sometimes it's hard to sell new things.
Bailey: I was just going to say something similar. I think it's moving along, and I'm
heartened to see the involvement of local realtors, and I'm...and I'm heartened to
hear the report on...on how many local contractors and subcontractors and the
dollar amounts spent. I think it's a great concept. I've been a proponent from the
beginning so I'm excited to see it moving forward and would like to see it move
more quickly of course. All right, let's do a roll call. Item passes 7-0.
Karr: Motion to accept correspondence.
O'Donnell: So moved.
Hayek: Second.
Bailey: Moved by O'Donnell, seconded by Hayek. All those in favor say aye. Motion
carries.
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
50
ITEM 19. CONSIDER A RESOLUTION SUPPORTING THE FEDERAL FISCAL
YEAR 2011 AND 2012 SURFACE TRANSPORTATION PROGRAM AND
TRANSPORTATION ENHANCEMENT FEDERAL FUNDING
RECOMMENDATION FOR THE IOWA CITY PROJECTS AS
APPROVED BY THE JOHNSON COUNTY COUNCIL OF
GOVERNMENTS TRANSPORTATION TECHNICAL ADVISORY
COMMITTEE.
Champion: Move the resolution.
Bailey: Moved by Champion.
O'Donnell: Second.
Bailey: Seconded by O'Donnell. Discussion?
Correia: I'm not going to be supporting the resolution, um, I don't...I think that it's...I'll
just use the term somebody I think used (both talking)
Wright: Anti-regionalist.
Correia: Anti-regionalist to have our (both talking) our votes essentially set before going
into a meeting, that, um, part of being on that JCCOG board is acting as a board
and...and not having a predisposed vote going in, um, I certainly support the Iowa
City projects. We talked about those, in, um, our work session when we
submitted them to JCCOG, um, and I do think that there have been some recent,
um, you know, recent actions, um, at JCCOG that have, uh, created some very,
um, negative feelings about Iowa City as a member of JCCOG. I think that that is
detrimental to the work of JCCOG and to the work, um, as a, you know, in
the...in the region, um, for regional cooperation, so I will not be supporting the
resolution.
Hayek: Let me weigh in on this, um, I...I was also very much bothered by what occurred
a year ago, uh, and the way this works is that JCCOG is made up of local
governments, each of which send a certain number of representatives based on
population to this body that votes on...general terms, transportation projects in the
area, and we have a standing resolution that requires us to, uh, stick with
whatever's approved at this Council level when it reaches, uh, the JCCOG level,
and what happened was, um, we were asked by another government locally to
horse trade a little bit, uh, so that they could get a little bit more money for a
project they wanted to accomplish, and...and perhaps we could live with a little
bit less for... for something we wanted to accomplish, and we were unable to do
that because of this existing resolution, and that did cause some friction and I was
bothered by it. Um, I want to avoid a repeat of that situation. Um, I don't like the
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
51
concept of us completely tying our hands when we go into a meeting where other
governments hope and expect us to, uh, accommodate, negotiate a little bit. Um,
but by the same token, um, I don't think it's proper for, uh, for an individual
Councilor to go into a JCCOG meeting, after the City has voted as a majority on a
given project, and have the ability to change that, which is essentially going
in...against a vote of the majority of the Council. I don't like that either. Um, I
think there's a way to address this going forward. I've talked to the City Attorney
about it, um, we could, uh, as I understand it, modify our policy, um, so that when
the six Councilors go to the JCCOG meeting, uh, we've already voted on
whatever projects are before us as we're going to do tonight, but if an opportunity
arises, where another entity wants us to, uh, modify our request or do some horse
trading, if a majority of the six who are present, which would be four, which
would be a majority of the full seven wants to do so, and discuss that in full open
session, we could do it. And so what I would propose is...is, I'm going to support
this resolution, but because I want to avoid what happened last year happening
again, I would propose that we at least consider and have staff look at it a little
more in depth the possibility of modifying our policy on this.
Correia: I would support that.
Wright: It's an excellent idea (mumbled) City Attorney (mumbled) appreciate that.
Bailey: Further discussion? Well, I'm going to support this, and um, I know that there
was friction last year. I...I think one, we don't hold the majority of JCCOG. So, I
mean, it certainly could have been defeated, um, what happened, um, the vote.
We don't necessarily...and that's the way it's structured. So I think that makes a
lot of sense. I think it makes sense to know that when you're going into a meeting
that you're advocating for your community and particularly for funding, so I'm
very comfortable with that, um, I'm also, um...wonder to what degree other
entities think about their ability to horse trade and...and their willingness to do
that and...and the willingness to avoid friction. If another entity were in the same
situation, would they do the same, and so I'm very comfortable knowing
that...that we can't totally drive it. We're not the majority, so I'm very
comfortable with this resolution. Um, this vote tonight, and the resolution as it
stands, because it's created problems for Council in the past, and for Iowa City,
um, where my first loyalty lies. So, I'm going to be supporting this tonight. Any
further discussion?
Champion: I'm going to totally support it.
Bailey: Okay. Roll call. Item carries 5-2, Correia and Wright voting in the negative.
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
52
ITEM 23. CITY COUNCIL INFORMATION.
Bailey: Start with Mr. Wright.
Wright: I actually did have something, but I forgot it. (laughter)
Bailey: Well, if you remember it we'll come back to you! Connie?
Champion: Well, I...I hope we'll discuss, um, with the Police Chief or some representative
from the Police Department a little bit about enforcement of the curfew, because
we talked a lot about how we kind of wanted it enforced, and whether they could
agree with those principles, and I also would like to think of some way to handle
kids who might get a citation, um, without the $50.00 fine. Um, I don't know if
it's even possible, but I think there's other things that those kids could do that
would be more beneficial to them.
Bailey: Okay.
Champion: I don't know if anybody else is interested in...
Correia: The ordinance includes a fine, correct, Marian? That's not an option.
Holecek: It's a $50.00 fine by law. (several talking)
Bailey: We just passed a law.
Wright: A state law.
Holecek: No, by the ordinance that was just passed. (several talking)
Wright: But there was a reason that we could not use...do the flexible scale?
Champion: Because of state law.
Wright: Is that state law?
Holecek: Oh, the maximum? I...I'm sorry, I don't know actually.
Karr: But the ordinance you just passed, yeah.
Wright: Yeah, I believe there was an issue of state law.
Champion: Guess that throws that out the window! (several talking)
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
53
Correia: The enforcement part, I think, how it will be implemented, that's a question.
Holecek: You have discretion in enforcement.
Correia: Yes (several talking)
Karr: It's just second consideration.
Bailey: So we can talk a little bit about that fine level if you'd like.
Champion: Yeah. Well, I was thinking too, um, there might be something better to do with
these kids than a $50.00 fine. Like, you know, go to the Library for anhour - I
don't know! I'm just...
Correia: Library's not open after midnight, Connie!
Wilburn: I'm not sure how much, uh, more conversation we should have since the crowd
(mumbled) earlier and...
Wright: Might be a topic for the work session next time.
Bailey: Yeah. All right. Mike?
O'Donnell: Nothing tonight.
Wilburn: Nothing.
Correia: (several talking) related to the curfew, I'd like at the next meeting if we could
have a report on, um, public education on, um, when the curfew goes into effect,
if it goes into effect on the 14th, I'm wanting to know how we will be alerting the
general public about the curfew, especially then also thinking about ways of, um,
regular ways of updating, keeping that information fresh. I'm thinking maybe at
the beginning of every summer we are letting people, parents, kids, know about
the curfew, um, you know, so similar to how we have efforts to educate on the
snow emergency ordinance and other ordinances, I think that it will be important
to...make information available in a variety of sources, not only on the Internet,
um, on our web site, that's an important place, um, but that's not...where all
folks...
Helling: We talked about a number of things, uh, in terms of...of using other agencies and
so forth in the community, neighborhood council which represents all the
neighborhood organizations, uh, schools, uh, to try to get word out to parents.
Also, I was sitting here thinking earlier that in...in terms...it appears to me there
are a couple of things that we need to do in notifying everybody. Number one is
to make sure that people know the ordinance is in place, uh, that it is a curfew
with a $50.00 fine. That sort of thing, but beyond that to also know...uh,
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.
54
generally how it's going to be used as a tool for the police, um, and so people
can...can rest assured that...that there will be some discretion, much like we have
on... on other ordinances, and I think that that's beyond that, I mean, to try to
micromanage the police department in terms of how to enforce it - I don't want to
do that. I want to give them some guidelines and expectations, and then let them
go ahead and use it as...as they will. But I think we need to convey that to the
community too so, you know, certainly uh, and hopefully in a couple of weeks we
can at least have that...have that for you in a draft form. You can, you know, you
can tell us then if there are any, uh, sort of philosophies in there that you disagree
with, um, but I think it has to be broad-based and we have to give police a lot of
discretion with the understanding that they are going to use it as one tool, but it's
not a be-all, end-all, and that like other ordinances, they have the discretion to
enforce it or not in any given situation.
Wilburn: I'm sorry (several talking) we're risking upsetting some members of the public by
having this conversation....
Bailey: I think that this is a conversation that needs to happen around the third reading of
the curfew ordinance. Okay.
Karr: Or, if there's anything specific you want brought before you, this would be the
time to direct staff to bring it to you
Correia: Right, so that's what...I would like information about how we're going to...
Helling: That's how I would like to approach it, if that...that works.
Bailey: All right, any other direction for staff? Okay. Mike, did you think of what you
were going to say?
Wright: No, it's pretty well gone.
Bailey: Well, I just wanted to say that in the last three years in our community we've
talked a lot about recovery, uh, flood recovery, tornado recovery, and on Sunday,
um, I had the nice opportunity to experience, um, a conclusion to tornado
recovery, as St. Pat's dedicated their new building out, um, a little bit farther east
than they were previously located, and I think, um, the commitment of the...of the
congregation provides a wonderful example to people of all faiths about, um, just
what commitment, hope, and, uh, dedication can do in the wake of devastation
and destruction, and I really congratulate St. Pat's on the opening of their new
building. It's...it's magnificent and um, it's good to see it up.
This represents only a reasonably accurate transcription of the Iowa City City Council
regular formal meeting of December 1, 2009.