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ITEM 2. OUTSTANDING STUDENT CITIZENSHIP AWARDS.
a) Regina Elementary
Hayek: We' 11 start with the students from Regina, and then we' 11 go to the students from
Grant Wood. So if the students from Regina would step forward, I'll meet you
right up front. I'm going to ask Terry Dickens, a Regina `Hall of Famer,' to
assist. (laughter) Well good evening! I'm Matt Hayek, I'm the Mayor, and this
is the City Council, and we're thrilled to have you here! And, helping me tonight
is Terry Dickens who, uh, was actually a Hall of Famer at Regina. I'm not
stretching the truth there! Um, so, I think you've been briefed on how this works,
but what we'd like to do initially is to hear from you and I know you've brought
prepared statements, and you can either hold the microphone, or I can hold it for
you, whatever's easier, and then we're going to read an award for you. So we'll
start with you, young man.
Rogers: Hello, my name is Trae Rogers. I would like to thank my sixth grade teachers,
Mrs. Vorwerk, Mrs. Carpenter, and Mrs. Rushdon for nominating me for this
outstanding student citizen award. I believe I was nominated by my teachers
because in school I'm always volunteering to help others and do things for my
teachers. I also like to be the leader on projects and was the quarterback for the
football team. My grandpa, Paul, who passed away a couple years ago, was a
leader himself. He was always helping others and could never say no to anyone.
I want to grow up and be just like him. Thank you. (applause)
Corkery: Hi, my name is Emma Corkery, and I am a sixth grader at Regina Elementary. I
believe I was chosen for the citizenship award because I'm involved in many
things and I work hard in school and in sports. My teachers, coaches, friends, and
family at Regina have all helped me and encouraged me to do what is right. They
have set good examples for me to follow. The sports I'm involved in are soccer,
softball, and basketball. At school I am the vice president of the Regina
Elementary Student Council. I am in charge of the school scrapbook, and on
every other Thursday at 2:00, we have a meeting to discuss how we can make our
school a better place. I also play a trumpet in the school band. I am very lucky to
be able to go to Regina. I get a great education, and I'm encouraged to succeed.
(applause)
Burlage: Hi, my name is Sara Burlage. It is an honor to have been selected for this award.
I feel I've been chosen because I've been active in many activities. This year
during...this year I am secretary of our elementary student council. During recess
Igo to a kindergarten classroom and read books and help the children clean up. I
am also involved in 4-H. 4-H is where kids from all over the county come and do
community service, fundraising and fun activities. At my church, I help work in
the nursery on Sundays. I anticipate in many sports, including basketball, soccer,
softball, volleyball, and cross-country. Thank you very much for your time.
(applause)
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Hayek: Well thank you! Those are very excellent presentations, and this is a student
citizenship award, and the point is that you are not only students right now, and
that's a very important role for you at this stage in your lives, but you are also part
of a community. You are citizens here, and one of the reason Iowa City is such a
great place is because people are so involved, and the fact that you've gotten
involved in your school and your community at such an early age is a great
example for the rest of us, whether it's student council or 4-H or any of the other
things you've mentioned, and we're very proud of you. I'm going to read this
award. Um, it goes...it's in each of your names, uh, and it's the same award for
each of you and I'll read it. It says as follows: Citizenship Award, for his or her
outstanding qualities of leadership within Regina Elementary, as well as the
community, and for his or her sense of responsibility and helpfulness to others,
we recognize you as an Outstanding Student Citizen. Your community is proud
of you. Presented by the Iowa City City Council. (mumbled) Trae,
congratulations! Emma (mumbled) Sara, congratulations. Thank you very much!
(applause)
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ITEM 2. OUTSTANDING STUDENT CITIZENSHIP AWARDS.
b) Grant Wood Elementary
Hayek: Now would the students from Grant Wood please come up. Well you guys have
the advantage of seeing the other group go first so you know the drill here. But
we'll do the same thing. We're very proud to have you here, and uh, I understand
that you've brought, uh, statements to read, and why don't we do the same thing
we did for the Regina students, and if you want me to hold the mic I can. If you
want to hold it, you can do so as well. (mumbled)
Herrera: (reads statement in Spanish) (applause) My name is Dulce Escorcia-Herrera. 1
am a sixth grader in Mr. Glenn's class at Grant Wood Elementary School I want
to thank you for this award. I am a safety patrol member, a conflict manager, and
a kindergarten math buddy. As a safety patrol, I take kindergartners to first
graders to their buses. I also have to make sure they stay in the school area. They
can't move to the playground because we might not notice the buses arrived. I
have to make sure they get on their bus safely and then mark them down on a
clipboard. As a conflict manager I watch kindergartners through first grade
students during their afternoon recess. I have to make sure they are following the
rules. If they don't, I help teach them how to make better choices. I am a conflict
manager because I think I will learn more about how to (mumbled) when they're
outside. As a kindergarten math buddy, I help kindergartners when they are doing
something independently, like a work sheet, and they don't understand what to
do. I also have them do (mumbled). Sometimes I help them write some numbers
and some addition. (mumbled) and they help to sort them out. They have to write
them out in order from (mumbled). Again, I thank you for this award. (applause)
Rials: My name is Michael Rials from Grant Wood Elementary. I am in Miss Steel's
class. I also thank you for this award because I did not think I could achieve this.
The reason why I'm standing here right now is because my mom, she told me
once you started a goal you have to finish it. When I'm at school I try to be a role
model to other kids, try to set a good example for them. I am also a recycler. I
pick up the recycling from the kindergarten classroom. I'm a member of the
Future Focus Group at Grant Wood. Future Focus helps...has helped me to make
the right choices, like doing my homework, being respectful to teachers, and
always listening. One time I won a principal award when I was in a rap group
called " Rappers." I would like to thank my mom and my dad for always
being there for me. I would like to thank the City Council for this award. Thank
you...for...thank you Miss Steel for always picking me up when I'm down.
Thanks for this award! (applause)
Tram: My name is Annie Tram and I go to Grant Wood Elementary School. I am 11-
years-old and in sixth grade. My teacher is Mrs. and she's an awesome
teacher. I am in orchestra and I play the violin. My favorite subject in school is
math. Why I think I'm chosen for this award is because I am helpful. I help
teachers (mumbled) for an example, I've been helping Mrs. Turnquist, a
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kindergarten teacher, every Friday morning for about three years, and I still do it.
I also help my classmates, even if they are not in my classes or grade. I still try
my best to help them. I am in safety patrol and a conflict manager. In safety
patrol I leave ten minutes before school is out to help kids in kindergarten through
second grade get to the right bus they need to be in. For conflict manager in
between class I go outside to the kindergarten through fourth grade recess and if
they have a conflict, I try to solve it. I also try my best in school. School is really
important. I thank my teacher Mrs. Graff for choosing me for this award, and I
thank the Iowa City Community School District for giving (mumbled).
(applause)
Hayek: Well that was very excellent, very (mumbled). Regina, are you a Grant Wood
graduate?
Bailey: Yes, well, sixth grade.
Hayek: Sixth grade. So up here we have an alum from your elementary school, and I just
wanted to point that out. As I said to the Regina students, what you do at your
school is so important, not only for yourselves and for the students there, uh, but
for the community at-large. You are students, but you are also citizens of this
community, and the example you set for people both your age and the rest of us
is...is incredible, and that's the reason we want to recognize you tonight, and I
also want to, uh, recognize your parents and your teachers and...and your school
administrators, some of whom are...are here in the crowd, and the same goes for
the Regina students, uh, they're a big reason for your success. I know that, and I
know you appreciate everything they do for you. So, we've got the same award
and I'll read it once again. And it reads as follows: It's called a Citizenship
Award. And it says for her or his outstanding qualities of leadership within Grant
Wood Elementary, as well as the community, and for her or his sense of
responsibility and helpfulness to others, we recognize you as an Outstanding
Student Citizen. Your community is proud of you. Presented by the Iowa City
City Council. (mumbled) Congratulations! (mumbled) Congratulations!
(mumbled) Congratulations. Thank you very much! (applause) Best of luck to
you! And thank you, Mr. Dickens!
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ITEM 3. PROCLAMATIONS.
a) Sertoma's Freedom Week: February 13-19, 2011
Hayek: (reads proclamation)
Kam: Here to accept the proclamation on behalf of the Old Capitol Sertoma Club is Ted
Halm. (applause)
Halm: The last group was a hard act to follow, but I wanted the, uh, Council to know that
the topic this year was to defend, agree or disagree in our democracy about our
two-party system, and if you've been watching any debates lately you know that
that was a pretty hot topic, and the eighth graders wrote on that and we're very
proud of them. So on behalf of Sertoma, I'd like to thank Mayor Hayek and the
Council for this award. Thank you.
Hayek: Thank you, Sir!
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ITEM 4. STATE OF THE CITY.
Hayek: (reads statement) (applause)
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ITEM 6. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA).
Hayek: This is the opportunity at each City Council meeting for members of the public to
address the Council on issues that are not on the agenda. So if there's an issue
you'd like to bring to our attention, that is not on the agenda, I encourage you to
step forward. If you could please sign in and state your name, and limit your
comments to five minutes or less.
Harrold: Yes, my name is Dr. James Harrold, or Dr. James Sato, that's my pen name.
(mumbled) Dr. Harrold, pen name Dr. Sato, Blue Heaven, author of bestselling
books in Japan, Latin America. I pen the best seller (mumbled), the movie, the
TV show (mumbled) on YouTube. I've written the Dream Eater taught at
Princeton. I have been...I've written over 75 episodes of the Simpson's and TV
pilots in Japan, Latin America. I have written films, such as Long John Silver's
Christmas Movie, (mumbled), and Elvis's Funeral. I have the support of the
National Alliance on Mental Illness and the American Association of People With
Disabilities. They have supported me when I pen sequels to Western classics like
Little Dutch Boy, Cinderella, Princess and the Pea, Goldilocks and the Three
Bears, Velveteen Rabbit, and Little Red Riding Hood. Uh, four years earlier the
University of Iowa Hospitals and Clinics held me against my will for six months,
and more recently on February 18, 2010, they held me against my will when I was
found not to be a threat to myself or others by Judge Lars Anderson, Judge Gibbs.
Sean, Barb, and Lisa at the Hospital admitted to racism because they did not want
to be implicated in criminal behavior. I was called `cow,' cuckoo,' and `yellow
nigger' in the ward. Later Dr. released me and recently he recognized that
through millions I have paid through city and federal taxes, I am paying his
salary, along with Japan buying up soybeans (mumbled) and soymilk, to ensure
the state economy is one of the richest in the states, the eighth richest, from what I
heard on the radio. Japan also produces corn ethanol fuel for the environment,
making Iowa, which can be spelled out in Japanese (mumbled) even richer. In the
Daily Iowan in a March 17th issue of 2010, an editorial appeared, saying that Iowa
was a...the University of Iowa retention rate is the lowest in the Big Ten and its
reputation for recklessness has been in the national news for several years. The
University of Iowa ought to have this institution headed by Susan Power of the
Rock Sioux Nation of Iowa, where she graduated from a...with a Harvard Law
degree and she (mumbled) which (mumbled) Ernest Hemingway Award. She
(mumbled) workshop, and did a very skillful work there. Also Louis of the
Tribe, an Iowa tribe, might have been hired as well. In addition, Diane
of might have also been hired at the University of Iowa. All this is
evidence of discrimination against indigenous peoples, um...I'm writing this
letter to accuse the University of Iowa of racism and discrimination against
indigenous peoples, especially indigenous Asian-Japanese Americans. Right now
there is, uh, no Asian American studies program at Iowa, and for the time
period...and for a time period, the University closed down the Native Studies
Department, and the African American Studies program. And, um, when I
applied as an adjunct faculty, they rejected me, and then of course I applied as a
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graduate student, as well, for TA-ship. Um, I made a covenant with the Holy
Spirit to give all my royalties away to charity (mumbled) hoping for a
professorship from the University of Iowa. And they have not recognized this,
even though I have a... even though I was very well qualified, published and
produced, and had a 97.1 (mumbled) GRE score, and uh, a Ph.D. in Native
Creative Writing from the University of Wisconsin-Milwaukee. And so I hope
that I could get a position (mumbled) University of Iowa. (mumbled) James
McPherson my mentor told me that, um, he hired me for last summer of 2010,
(mumbled) closed it down. And I do not know why they closed it down, cause
I'm very, very capable and a very qualified to teach in the Writer's Workshop
when I've done all these children's books, written all these children's books I
should say, and I've written TV and film. And um, I'm a (mumbled) as well and
I'm a...a national disability awards leader and award winner from the American
Association of People With Disabilities, a national organization in Washington,
D.C. And that's what I have to say today.
Hayek: Thank you, Sir.
Harrold: So I just wanted people to be witnesses to this, um, accusations of racism against
the University of Iowa. Thank you very much.
Hayek: Thank you for your comments. Is there anyone else who would like to address
the City Council, uh, on items not on our agenda? Okay, seeing none we' 11 move
forward.
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ITEM 7. PLANNING AND ZONING MATTERS.
a) CONSIDER AN ORDINANCE CONDITIONALLY REZONING
APPROXIMATELY 2.79 ACRES OF PROPERTY LOCATED AT THE
NORTHWEST CORNER OF MUSCATINE AVENUE AND SCOTT
BOULEVARD, FROM LOW DENSITY SINGLE-FAMILY
RESIDENTIAL (RS-5) TO LOW DENSITY MULTI-FAMILY
RESIDENTIAL (RM-12). (REZ10-00016) (PASS AND ADOPT)
Hayek: (coughing, unable to hear) first several meetings, so Mayor Pro Tem Wilburn will
be handling them and I'll step out.
Wilburn: (reads item) This was, um, approved at the Planning and Zoning Commission and
staff recommended approval, subject to sidewalk extensions along Muscatine
Avenue and Terrence Lane. Um...and this rezoning will allow development of a
three-lot, multi-family subdivision.
Champion: Move adoption.
Bailey: Second.
Wilburn: Moved by Champion. Seconded by Bailey. Discussion? Roll call. Oh, ex parte
on this one...any ex parte...communications? (several responding) Okay. Roll
call. Item carries 6-0, with Hayek abstaining due to conflict of interest.
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ITEM 7. PLANNING AND ZONING MATTERS.
b) CONSIDETERRA VERDEI OWA CT Y IOWA. (S B10 00013RY
PLAT OF
Bailey: Move adoption of the resolution.
Wilburn: Moved by Bailey.
Wright: Second.
Wilburn: Seconded by Wright. Discussion?
Davidson: Good evening, Mr. Mayor and...Mr. Mayor Pro Tem, excuse me, and Members
of the City Council. I'm Jeff Davidson, the Planning Director for the City. Uh,
you may recall we looked briefly at the Terra Verde plat on your first
consideration of the zoning, but I'll just very quickly hit the highlights here.
Here's the location map, uh, it's pointing to the rezoning, but obviously you can
see outlined there in the shaded area there the entire subdivision. It's at the
intersection of Scott Boulevard and Muscatine Avenue. And, here's the lot
layout. You' 11 recall the lots that were part of the rezoning here, the multi-family
lots, lots 21, uh, excuse me, 20, 21, and 22. They will contain 23 multi-family
housing units, which I'll show you in just a moment, uh, lots 1 through 19 then,
these are single-family lots. You can see Terrence Lane, which will extend from
Muscatine Avenue, and eventually back to Muscatine Avenue, but that is not part
of, uh, the plat that you have before you. There are three outlots, uh, outlot A is
rather large, back here by the creek. This is, uh, creek corridor through here,
Ralston Creek, uh, corridor. Um, there is a trail extension from the sidewalk
through this area to lot A, uh, it could eventually, possibly, be extended across the
creek to the, uh, trail system that is on the other side of the creek but there is no
bridge as part of this plat, uh, but there is a sidewalk that will give, uh, persons in
the area access to outlot A. This will be open space maintained by the
Homeowner's Association. Uh, there are two other outlots you see here, these
two slivers, outlot B and outlot C. Outlot B will be added to this lot, uh, private
owner, and outlot C to this lot. Um...here is the layout of the multi-family
buildings. As I said, 23 units on three lots, uh, here is Terrence Lane, uh, here is
Muscatine Avenue and Scott Boulevard. Uh, there is a sidewalk connection
through here that will extend out to the sidewalk, uh, on the...right, located right
there, uh, that will extend out to Scott Boulevard. It basically connects the
neighborhood directly out to Scott Boulevard. Uh, you see in the layout no access
points on Scott Boulevard and Muscatine Avenue, a good safe, uh, traffic control
situation there. Uh, you' 11 remember that we did talk a little bit about parking.
There are four parking places for each unit, two in the garage, two in the, uh, in
the driveway. There is an area then for parking places; you can see there's some
that will be constructed, uh, with the...with the subdivision and then a larger area
that could be expanded into mar...uh, more parking here, uh, there will only be
parking on one side of Terrence Lane, and then at that point there's really not
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other opportunities for on-street parking in the neighborhood, so we did want to
make sure that we had enough parking here. Uh, the conditional zoning
agreement then, uh, will limit the developer to units that basically substantially
look like this. There's small changes, we consider those and approve those, uh, I
can approve those administratively. Anything substantially different than this
design would have to go back to the Planning and Zoning and come to you for
consideration. Any questions about the plat? Thank you.
Wilburn: Is anyone from the public here to give any input on this one? Council discussion?
All those in favor say aye. (mumbled) Okay, all right, roll call, excuse me. Item
carries 6-0, Hayek abstaining due to a conflict of interest.
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ITEM 7. PLANNING AND ZONING MATTERS.
c) CONSIDER AN ORDINANCE REZONING APPROXIMATELY 2.97
ACRES LOCATED NORTHWEST OF THE INTERSECTION OF
FIRST AVENUE AND HICKORY TRAIL TO AMEND A
PREVIOUSLY APPROVED PLAN FOR A PLANNED
DEVELOPMENT OVERLAY, MEDIUM DENSITY SINGLE FAMILY
(OPD-8) ZONE. (REZ10-0013) (PASS AND ADOPT)
Bailey: Move adoption.
Wilburn: Moved by Bailey.
Mims: Second.
Wilburn: Seconded by Mims. Um, is this one that requires ex parte? Any ex parte
communications by Council? (several responding) Okay. Discussion? Roll call.
Item carries 6-0, Hayek abstaining due to a conflict of interest.
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ITEM 7. PLANNING AND ZONING MATTERS.
d) CONSIDER A RESOLUTION APPROVING THE PRELIMINARY
PLAT OF HICKORY POINTE, SECOND ADDITION, IOWA CITY,
IOWA. (SUB10-00012)
Wilburn: And one more? (reads item)
Bailey: Move adoption of the resolution.
Wilburn: Moved by Bailey.
Mims: Second.
Wilburn: Seconded by Mims.
Davidson: Thank you, Mr. Mayor Pro Tem. Similarly, uh, Hickory Pointe, you may recall
we just briefly went through the subdivision when you had your first
consideration of the zoning. I'll just real quickly cover it again. Here's the
location, and the action...the subdivision action is actually to take these three lots
that you see here and combine them into a single lot, plus street extension of
Hickory Trail, plus...plus, a small outlot in this area which will be added to
Hickory Hill Park, and I think that...I guess just to orient you, First Avenue and
up the top of the hill is Rochester, uh, Avenue. Hickory Hill Park over here,
property owned by A.C.T., uh, in this area. And you can see, here's the sliver of
property that will be added to Hickory Hill Park. The extension of Hickory Hill,
excuse me, Hickory Trail, um, and you can see the...the site contains quite
a...it's...it's on the side of a hill. It contains quite a bit of grading, um, the action
of taking it from the former three lots that included a townhouse development to
this design, uh, is intended to limit the earth work on the site, uh, this area in here
will be, uh, again, privately held and planted as prairie, not developed on. Uh, the
16-unit building will be down here. Access off of, uh, Hickory....excuse me,
back here off of Hickory Trail. Um...no access from Scott Boulevard to the site.
Uh, here is the design of the units, and you'll recall the building looks rather
similar, better view here, uh, of the...it looks similar to the building that is catty-
corner across the street, the existing building. You can see, however, here that
there will be a retaining wall, uh, and there was some actions taken in the
conditional zoning agreement to ensure that we had a...um, a site here...a
situation here that the landscaping and that fit in well, uh, in the area and had
some care taken, uh, of that. So, you see the 16-unit building according to the
conditional zoning agreement. Again, the developer will have to, uh, adhere to
this basic design or else come back through Planning and Zoning, uh, and City
Council for your approval. Any questions? Thank you.
Wilburn: Anyone from the public here to speak to this issue? Council discussion? Roll
call. Item carries 6-0, Hayek abstaining due to a conflict of interest.
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ITEM 8. AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME
LOCATED AT 310 DOUGLASS COURT.
b) CONSIDER A RESOLUTION
Wright: Move adoption of the resolution.
Wilburn: Second.
Hayek: Moved by Wright, seconded by Wilburn. Discussion?
Champion: A great program!
Hayek: Roll call, please. Item passes 7-0.
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ITEM 10. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
NORTHSIDE MARKETPLACE IMPROVEMENTS PROJECT,
ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY
EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO
BIDDERS, FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
b) CONSIDER A RESOLUTION
Bailey: Move adoption of the resolution.
Dickens: Second.
Hayek: Moved by Bailey, seconded by Dickens. Discussion?
Bailey: Great project!
Hayek: Yeah!
Wright: Should make a nice difference in the streetscape all along Linn Street.
Bailey: Nice to, uh, carry out the Literary Walk...to the north.
Hayek: Roll call, please. Item passes 7-0.
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ITEM 11. CONSIDER A RESOLUTION ADOPTING IOWA CITY'S AFFORDABLE
HOUSING LOCATION MODEL.
Bailey: Move adoption of the resolution.
Champion: Second.
Mims: Second.
Hayek: Moved by Bailey, seconded by Champion. Discussion? We've had quite a lot of
it (laughter)
Bailey: Is there anything left to say?
Wright: I think it's really nice (mumbled) some honest data to use in trying to track
affordable housing (mumbled)
Bailey: Well, and I think we should say at this meeting, um, the staff did a terrific job. It
was a...it was a lot of data and um, a lot of direction and...
Wright: In a fairly short time!
Bailey: Yes, in a pretty short time period, so...think we've got a good workable model
here.
Hayek: (mumbled) Roll call, please. Item passes 7-0.
Karr: Motion to accept correspondence.
Wilburn: So moved.
Mims: Second.
Hayek: Moved by Wilburn, seconded by Mims. Discussion? All those in favor say aye.
Opposed say nay. Motion carries 7-0.
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ITEM 16. CONSIDER A RESOLUTION PROHIBITING FIREARMS AND
WEAPONS ON CITY PROPERTY AND CITY BUSSES.
Bailey: Move adoption of the resolution.
Wright: Second.
Hayek: Moved by Bailey, seconded by Wright. We'll open it up for discussion. I assume
there are people from the audience who would like to address us, and we'll take
that up first before the Council has its discussion. So if you could, uh, step
forward, uh, if you would sign in and give us your name and limit your comments
to five minutes or (both talking)
Hughes: My name is David Hughes. I live at 413 4th Avenue SW, Cedar Rapids, Iowa. I
was born in Ottumwa, Iowa, in 1948. That makes me a citizen. And, this
ordinance that you want to pass is totally unconstitutional. I have before me...uh,
this is from the Department of Public, uh, Safety, questions and answers about,
uh, carrying of anon-professional permits. And the question is, can I...my permit
be restricted? Department of Public Safety said no. Permits issued after January
the 1St, 2011, are valid statewide and cannot be further restricted, by the issuing
officer. I have the inalienable right under the Constitution of Iowa and Iowa
Constitution is the supreme law of the state. Any law you pass or...it...which is
inconsistent is void. Article 1, Section 1 of the Bill of Rights of Iowa State, and
they just amended this about 1997 when they finally woke up to the fact that
women also have a right to protect theirselves. All men and women are by nature
free and equal. And I have the inalienable right to protect and defend my life and
liberty. That's a 24-hour-a-day right, 365-day-a-year right, not just the eight
hours that I'm home. who is not a judge any longer, she was booted out
for a decision, but she said a rule of law is a process of governing by laws that are
applied fairly and uniformly to all persons. It creates predictability and
consistency. The same rules are applied in the same manner to everyone and
protects the rights of everyone. When I leave Cedar Rapids and come to Iowa
City to shop, I expect to have the same rights here that I have there. All laws of a
general nature shall uniform operation and (mumbled) assembly shall grant to any
citizen or class of citizen. Privileges or immunities which (mumbled) on the same
terms should not be...equally belong to all citizens. Municipal Home Rule,
Section 38-A, municipal corporations are granted Home Rule power and
authority, not inconsistent...with the laws of the General Assembly. You got a
right to pass your laws about your sewers, and your streets, your parking, your
snow removal. That, but you can't supersede State law! December of last year,
Cleveland, Ohio, was trying to do the same things that you're trying to do here,
and other municipalities are trying to do. Cleveland, Ohio, was taken to court and
to the Ohio Supreme Court, and by a vote of 5 to 2, the Ohio Supreme Court said
there...their ordinances can't do it! They can't do it, because a political
subdivision of the state, 724.28, a political subdivision of the state shall not enact
an ordinance regulating ownership...possession, legal transfer, lawful
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transportation, registration, or licensing of firearm when the ownership,
possession, transfer, or transportation is otherwise lawful, under the laws of this
state, and an ordinance regulating firearms is in violation of Section, uh, existing
on or after April the 5th 1990 is void. I..it just...it just boggles my mind how...uh,
one...people are supposed to be so well educated, that they take an oath to uphold
and defend the Constitution of Iowa, and then you try to circumvent it, like a
bunch of criminals, that try to do that every day, and I just...it just boggles my
mind. You...you swore in an oath to uphold, defend, and force the laws of Iowa.
Then you try to circumvent yourself around it. I am personally tired of people
screaming fire in a crowded theater, which I believe you're doing, and there's no
fire. I think that's against the law! I really do, and I am really ticked off...being a
citizen of Iowa...being born and raised here in Iowa, doing what I'm supposed to
do as a taxpaying, law-abiding citizen, and then you try to stick it to us every time
you can. Go after the... if you want people to feel safe, you take the criminals off
the street. If you can't trust `em, put `em behind bars. And...and I think it's just
aggravating as hell, and...I don't know, but I just...it just amazes me how people
have finally woke up to the fact that women also have a right to defend
theirselves.
Hayek: Sir, you're...you're up on your five minutes, and I just (both talking)
Hughes: I didn't know there was a time limit! But I'm done! And...but I just think it's
ridiculous!
Hayek: Appreciate your comments. Thanks for making the trip down here.
Schmitt: Um, I have a handout I'd like to give you guys, if that's okay.
Hayek: Give it to the Clerk and she'll distribute it. (mumbled)
Schmitt: Well my name is Jason Schmitt. I live in Keokuk, Iowa. Um, I'm also here to
speak about your proposed resolution and some of the things I'm going to say also
echo what the gentleman before me just said. I'm here tonight to speak regarding
your proposed wes...weapons resolution. If you would please...
Champion: ...can you tell me your name again?
Schmitt: I'm sorry! Jason Schmitt.
Champion: And where were...where do you live?
Schmitt: Keokuk, Iowa.
Champion: Okay, thanks!
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Schmitt: Uh-huh. Um, take a look at the materials I've provided, and starting with 724.28,
you can see that Iowa Legislature's past restrictions on subdivisions of state
government, that means you, regulating weapons laws, if it's not restricted within
the state laws, and you cannot make up your own set of rules. While the date
references 1990, it should be noted it was intentionally included in the latest
version passed in the last session. Next is 724.4A, weapons-free zones, and if you
read both sections, not just the first, you'll see it does not restrict weapons in
public parks. The first paragraph merely establishes what aweapons-free zone
means in this section. The second paragraph states that if you commit an offense
involving a firearm or other weapon in a weapons-free zone, you will be fined
twice the usual amount. Therefore, the enhanced penalties in the title. Think of it
as a fines double in construction zone clause. The 724 weapons chapter goes into
great detail about schools, and is a federal law, as well, but this is the only place
that parks are even mentioned, and there's not any wording in it that's like
restricted or not allowed, or anything like that in this section. Okay, 724.7, states
in the last sentence that, "All permits so issued shall be for a period of five years,"
and here's the important part, "And shall be valid throughout the state, except
where the possession or carrying of a firearm is prohibited by state or federal
law." It says nothing about counties or cities, because it's already established in
20...724.28 that federal and/or state laws all that's allowed. If our local
government follows the law as it is written, there's no need to add counties or
cities to this section. Okay, next we'll look at Home Rule. The 364.1, the
important part here is not in consistent with the laws of the General Assembly.
Everything I've pointed out regarding chapter 724 are the laws of the General
Assembly. An ordinance, or resolution you're attempting to pass is inconsistent
with these laws. 364.3, limitation of powers, here it says you are allowed to make
standards and requirements which are higher or more stringent than those
imposed by state law, unless a state law provides otherwise. 724.28, 724.7, and
364.1 do provide otherwise. And the Iowa Constitution also addresses Home
Rule in section 38A. It says not inconsistent with the laws of the state, and goes
further saying you can exercise those rights (mumbled) not a part of the laws of
this state. If you want to regulate the height of weeds on our property, where to
place traffic control devices, where homes or industries can be built, go ahead.
But weapons are expressly regulated by the laws of the state. Now we'll go to
Article I, Section I of the Iowa Constitution Bill of Rights. And it states that it is
our inalienable right to defend life and liberty, and pursue and obtain safety. Now
I'd like to address the Attorney General's opinion, and when I say opinion, I'm
talking about the one, the West Burlington violation of state law, not this letter
that he sent out, unsolicited, to 99 different county attorneys. One county attorney
asked for it, and he decided to send it to everybody to stir it up. Okay, as for his
opinion, it is stated on his own web site that opinions are not binding on a court.
Therefore, a reasonable person could infer that his opinion does not make it law.
Having read his opinion at the West Burlington violation of state law, there were
a couple of contradictions that jumped out at me. The Attorney General explains
express and implied preemption. He states that express preemption occurs when
the General Assembly has specifically prohibited local action in that area. 724.28
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prohibits subdivisions of Iowa government from making rules related to firearms.
In his own words, for implied preemption, implied preemption may also occur
when the legislature covers the subject by statutes in such manners that
demonstrate a legislative intention that the field is covered by state law. I believe
that's been done by 724.4A, 724.7, and 724.28. He also states that regarding
Home Rule restrictions, an exercise of a city power is inconsistent with a state law
only if it is irreconcilable with a state law. And then in the very next paragraph
says, obviously any ordinance, and I know you're doing a resolution, but I got
another opinion about that whole thing, any ordinance that regulates in an area of
the legislature has specifically stated cannot be the subject of local action is
irreconcilable with state law. That is the preemption code, 724.28. Later he says,
a local law is irreconcilable with state law when the local law prohibits an act
permitted by a statute, or acts...or allows an act permitted by a statute. They are
both covered by 724.7, which says they are valid throughout the state, except
where the possession or carrying of a firearm is prohibited by state or federal law.
So your resolution would prohibit an act permitted by statute, and 724.28, which
says a political subdivision of the state shall not enact an ordinance, and you
know the rest.
Hayek: You're...you're going to have to...you're going to need to wrap up here. You're
running up on your five minutes.
Schmitt: I'm just about done.
Hayek: Okay. Thank you!
Schmitt: Allows an act prohibited by a statute. He later compares private property owners
to municipalities, and these are two separate subjects. The places you're
attempting to restrict are public places. We and tax...as taxpayers and lawful
citizens have ownership in them. They belong to us. They don't belong to this
board. The people on this Council. Uh, one...this is in closing. One final
puzzling statement made in his opinion, he says, "Further, the apparent intention
of the legislature enacting Iowa Code chapter 724 and particularly .28, was to
ensure uniform statewide regulation of weapons. The purpose in doing so was
likely to ensure that an individual familiar with this state's weapon's laws could
freely travel with a weapon from one jurisdiction to another in the state, without
inquiring as to whether local ordinances place additional limitations on the
ownership, possession, transfer, or transportation of the weapon. A locally
enacted restriction upon the possession of the...of weapons within this publicly
owned or controlled buildings does not in itself directly interfere with its purpose.
That's the end of his quote. How does it not interfere with the apparent intention?
He just told you what it means, to be standard throughout the state. So of course
it does.
Hayek: Sir, you're over your five minutes.
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Schmitt: Okay, thank you, Sir. (both talking)
Hayek: ...conclude. Thank you. And I...it's the rule we apply to every issue and every
person who comes into this room. I'm just being fair about it.
Schmitt: Okay. I understand.
Hayek: Mr. Schmitt, I thank you for your comments.
Clark: I'd like the Council to please excuse my laptop. My printer decided not to work
shortly before coming here today. My name is Scott Clark. I'm from Wellman,
um...
Wright: You're from where, Sir?
Clark: Wellman. I would like to thank the First Amendment of the Constitution of the
United States for giving me the right to speak here tonight on the attempt at trying
to prohibit me from exercising my Second Amendment right to keep and bear
arms. April 1999, two teenage schoolboys shot and killed 12 schoolmates and a
teacher at Columbine High School. September 1999, a gunman opened fire at a
prayer service in a Fort Worth, Texas, Baptist church, killing six people. In
August 2003, in Chicago, a laid off worker shot and killed six of his former
workmates. March 2005, a man opened fire at a church service in Brookfield,
Wisconsin, killing seven people. October of 2006, a truck driver killed five
schoolgirls and seriously wounded six others in a school in ,Pennsylvania.
In April of 2007, a student...a student shot and killed 32 people and wounded 15
others at Virginia Tech in Blacksburg, Virginia. In December of 2007, a 20-year-
old man killed nine people and injured five others in a shopping center in Omaha,
Nebraska. February 2008, a shooter who is still at-large tied up and shot six
women at a suburban clothing store in Chicago, leaving five of them dead and the
remaining one injured. February of 2008, a man opened fire at a lecture hall at
Northern Illinois University in DeKalb, Illinois, killing five students and
wounding 16 others. 2009, a heavily armed gunman shot dead eight people, many
of them elderly and sick, in a privately owned nursing home in North Carolina.
And in April 2009, a man shot dead 13 people at a civic center in Birmingham,
New York. What do you think all of these areas have in common? Other than the
fact that, uh, a gunman walked in, a criminal walked in and shot and killed
numerous innocent people. That...what they have in common is that they were
all weapons-free zones. Each one of the previously mentioned places was a so-
called safe zone. Each one of those places either had a policy, resolution, or rule
stating no firearms allowed. Each one of those places had a board, not much
different than this one, um...hoping that the signs and rules they had put in place
would prevent everyone from bringing in a firearm. I think it goes without saying
what these rules actually did. They took away any chance that these people had
of defending themselves against their killer. It made it that much easier...it also
made it that much easier for these gunmen to go into these places and complete
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their task. For the City Council to think that this resolution will prevent this kind
of unfortunate tragedy is absurd. The only thing you are doing is preventing law-
abiding citizens from protecting themselves. And for those of you who think
something like this would never happen here, what do you think the citizens and
survivors of all the shootings were saying before, during, and after those events?
By mere definition this resolution is enforceable. For the City Council to think
that they own this property and can restrict rights of the citizens of the city and the
state of Iowa, I suggest you refer to the oath you took to sit in the seats you are in.
Regardless of the outcome of tonight's meeting, I will continue to carry my
firearm where allowed by Iowa state law, and I will do so not to intimidate, not to
show off, but to protect my family and myself from harm. I hope the City
Council's ready to take on that kind of responsibility, of protecting these citizens
when they have forbidden them from protecting themselves on this property. The
responsibility to protect citizens, if the time comes because the police are not
required by law to protect us an individuals. I'd like you to at least take the time
before deciding on this to, uh, research the other 39 states that have `shall issue'
laws on the books. Once you do you will see that there was not blood on the
streets, and the crime rates didn't...the crime rates didn't jump due to more
firearms being in the hands of law-abiding citizens. I was born and raised in
Michigan, um, and I believe Detroit's crime rate is probably higher than all of
Iowa, I would assume. Um...however, since `shall issue' was passed the crime
rate in Detroit has actually gone done by 10 or 15% in the last 15 years. Not
saying that `shall issue' is the reason why, but it does tell you one thing -that
more firearms on the street, carried by law-abiding citizens, does not drive the
crime rate up. And that is a fact. Thank you.
Hayek: Thank you, Mr. Clark.
Dobrian: I'm Joseph Dobrian, D-o-b-r-i-a-n, of 1015 2°d Avenue in Iowa City. The...
Supreme Court of the United States recently reaffirmed the right to keep and bear
arms. The government of the state of Iowa has subsequently in its way reaffirmed
the Supreme Court's decision. And now some elements are trying to circumvent
both the Constitution and federal and state interpretations thereof. The gentlemen
who spoke before me, all three of them, have given you the chapter, verse on the
law, so I'm not going to go into that. I will simply point out...that by restricting
the carrying of arms to constabulary and perhaps to soldiers, the, um, idea is to
grant to some citizens rights that are not available to other citizens. The idea of
special privilege is abhorrent to the Constitution of the United States, and to the
Constitution of this state. The individual...one individual has no rights that
another franchised individual shall be denied. I submit to you, that whether or not
it is said so word for word in the Constitution, or in any other document, we each
of us have a natural and inalienable right to protect ourselves, our families, and
our property, and that right is not held on the sufferance of government. I do not
habitually go armed. As a matter of fact, I don't believe I have ever gone armed
on a public street. But if I chose to, it would be for good and sufficient reason.
Mainly, probably, to protect myself against somebody who was armed for a
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nefarious purpose. Now that latter sort of individual is not going to be
intimidated by any ordinance or resolution. If he's got bloodshed on his mind,
he'll shed blood! By passing any kind of restriction on the rest of us, you would
be taking away our rights to protect ourselves against that sort of behavior. I
conjure you...to consider...that the police do not have an affirmative duty to
protect us. And even if they did, we do not implicitly give up our right to protect
ourselves. I would point out to you also that old saying that when seconds count,
the police will be there in minutes. I...cannot believe that by leaving the law
alone as it is we are going to cause any increase in crime, rather I believe the
opposite. Please do not attempt to circumvent one of our most basic rights, one of
those enumerated in the Bill of Rights. Think well upon it, and leave our rights
alone! Thank you.
Hayek: Thank you, Mr. Dobrian.
Cornwell: Hi, uh, my name is Seth Cornwell. I live in Wellman also. Uh, I'm not going to
beat a dead horse here on the...preemption law and Constitution. I'm just going
to try to, uh...uh, dispel some misconceptions when it comes to the, uh, the
permits and uh, the way they used to be issued, and the way they are issued now.
Uh, if I could, could I approach you, Mayor, and give you...
Hayek: You can approach the Clerk and she will distribute...
Cornwell: ...copy of my 2010 non-professional permit to carry a weapon.
Karr: Sir, we can't...yeah. Thank you.
Hayek: Yeah, you've got to be in front of a mic. Sorry about that!
Cornwell: That's a copy of my 2010 non-professional permit to carry a weapons, and uh, if
the Mayor could take a look at it, couple questions that I'd like to ask, if I...
Hayek: You can ask questions, but we're not set up to engage in a dialogue here.
Cornwell: Okay. Well, if you look at the top of that, it says, uh, Iowa non-professional
permit to carry weapons. Nowhere on there does it say permit to conceal, or that
I'm required to conceal by my Sheriff. The only restrictions that are on there are
you can't consume alcohol or illegal narcotic drugs while, uh, carrying, and uh,
you can see that that was issued in June of 2010, so prior to 2011. So with that
being said, I had the opportunity to come to Iowa City and open carry if I wanted
to. Would you agree with that, according to that permit there?
Hayek: Sir, as I said before...
Cornwell: All right.
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Hayek: ...we're not set up for that. That's just not the way that our...our meeting's
function. So we can hear from you...
Cornwell: Okay. When it comes to tactics and when people want to carry, it is a bad tactical
move for someone that's carrying a weapon to open carry. I can't speak for
everyone. There's...there's probably going to be some people that are going to
want to open carry. But for the most part, the people that carry are not doing it to
draw attention to themselves. They want to do it in a manner that people don't
realize that they're carrying, and they do that so they can have the tactical
advantage of...if a situation were to arise where they needed to protect
themselves. Now, I just wanted everyone to understand that you hear...you see a
lot in the, uh, papers that sheriffs were...had to require the person to conceal. It
was the discretion of the sheriff on the permit when he issued it, if he put that on
there or not. My sheriff did not require that. So, and I live...25 miles away. I
come to Iowa City every day. I work in Iowa City. So I had the opportunity to
open carry if I wanted to. Uh, I want everyone to know that, uh, there's no
proclamation that a government can enact that can stop an evil person from
committing an evil act. There is no law that can stop an evil person from
obtaining an instrument to commit evil. Ultimately, law enforcement is not
required by law to protect you. So why would anyone want to regulate the natural
right of personal protection? For the Iowa City Council to create such a
resolution and rely on it as such that criminals will obey aweapons-free zone is
arrogance on their part. The motives of weapons-free zones are suspect at best.
Uh, I want everyone to realize there are three basic principles for making sound
decisions. One, get the facts before answering; two, be open to new ideas; three,
make sure you hear both sides of the story before judging. All three principles
center on seeking additional information. This is difficult work, but the only
alternative is prejudice, meaning judging before you get the facts. And, if you
decide to pass this resolution tonight, that civil rights sign that's out there, might
as well take that down, cause there aren't any. Now, I ask the City Council, are
you making a sound decision? In closing, to come to you as a fellow person of
this free state, and asking you not to approve this resolution and not to violate the
Constitution and the great state...the laws of the great state of Iowa. Thank you
for your time, and have a good night.
Hayek: Thank you, Mr. Cornwell.
Telliho: My name is David Telliho. I live in the town of Amish. You know where that is,
locals call it Joetown. I think it's been pretty well established (mumbled) being
intelligent and educated folks that, uh, you're very well aware that your resolution
won't do anything to stop or prevent someone with antisocial desires and intent.
I'm going to ask you if you're safe from me; I'm not armed. Okay, but I'm going
to ask you how long would it take for me to get to you, where you're at, with a
knife? Couple seconds? How long would it take for you to dial on your cell
phone, or get out the door, if I permit you, to the police over next door. Worse
yet, how long would it take for me to walk in with a gun, I don't have one, I
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Page 25
promise you! How long is it going to take? It's true...lifetime can be measured
in seconds. I've been assaulted here in town. I was conducting business one day,
I came out a door of a local business. He wanted me to, um, examine part of his
building for some construction work. I stepped out the door... in a narrow space.
I was in an alley. There was a dumpster. There were two transients digging in a
dumpster. I no sooner stepped out the door, my helper was behind me. My
helper saw what happened. I stepped out the door, and I had a broken bottle stuck
right up in my face. That...I'm a little far sided, but it looked like it was that far
from my face. It was right there. Fortunately the gentleman talked himself out of
it. I didn't have a gun on me that day. I do have permits to carry that are honored
in over...over 20 states. Uh, my helper shut the door and left me out there with
them, when he saw what was happening. (laughter) And I didn't as some people
have suggested in the past, uh, slightly may seem off the subject, but when hiking
in the Rocky Mountains if a...if a grizzly bear charges you why the thing to do is
to, uh, get down on your knees and talk soothing to it and pet its nose. Well, I
didn't pet his nose. He did talk himself out of it, and uh, and the way...it
transpired was from one second he was describing to me what he was going to do
to my face with his broken bottle; the next second he was joking about his friend
getting stung by bees digging in the dumpster. That happened. Whenever there's
a...whenever there's a, uh, an incident involving a shooting, we find that it is in
gun-free zones quite frequently, unfortunately. Uh... ever think where the term
`go postal' comes from? Going postal. It came from postal workers stressed out,
bringing a gun to work and shooting their employee...their fellow employees.
Reaction? We're not allowed to carry guns on federal property. Well, he didn't
shoot anybody! (laughing) And wouldn't! If someone were to attack you and I
were armed, I would do everything I possibly could to stop them...in this
building. You take away my ability. And I'll honor it...in this building. I do
business in this city, uh...I hesitate to tell you the exact nature of it, although it is
legal, but I...I buy and sell and trade in the commodities market, and I've often
dealt business with legal, uh, legally with legal dealers, commodity dealers in
parking lots. I've met them in parks. They were traveling through the state,
where's it convenient? Well, I'm here. Okay, I can be there, and we meet. We
transact our business, um...these people normally, uh, deal in cash so I carry large
sums of cash with me. Take the commodities home with me. I'm carrying a, uh,
I've carried $40, $50 grant at a time, and yes, I go armed. And I stated to you that
I'm not armed, I'm not (speaking away from mic). I put it on to show you. I
would not carry a weapon in here. I think it's foolish. I don't open carry. I think
that's even more foolish! And I think that demonstrates a cowboy syndrome,
pardon me. I noticed signs going up, and I'm about done...round the businesses
in town. They are making targets of themselves. They are stating openly and
publicly that there's no one in there that could (coughing, unable to hear). Thank
you.
Hayek: Thank you, Sir. Appreciate your comments.
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Pennebaker: Good evening. My name's Scott Pennebaker. I'm from Cedar Rapids. I've been
to, uh, close to a dozen of these little events all over the state. And usually I try to
educate, uh, inform, try to change minds, uh, after the Board of Supervisor's
meeting, uh, here just this past week, pretty much determined it was, everybody's
mind was already closed on the whole subject, and I fear it's the same thing that's
going on tonight. Guys, I've read some stuff in the media. Seems like you've
already made up your decision. Uh, the attorney said at the (mumbled) news clips
all day, I don't know if it was an assistant attorney, you know, that everybody
feels safe in these buildings, and that's it. They're not safe, and the whole
~~hobic thing of the guns...you're buying into the fear, that the whole media
has put out there, and...this town of higher learning, I just can't believe that
nobody's studying the facts. You're going to jump on this bandwagon, that the
media is putting out there, full force, that we're the bad guys, and you're going to
discriminate against me and my civil rights to protect myself. And, it just blows
my mind. Now, if you were going to discriminate in these buildings, your city
buildings, (mumbled) people. You'd have people in the state capitol screaming
from the top of the roof raising hell! And, but it's all right to discriminate against
me? We're some of your best citizens that you have! Facts from, uh, Texas,
1995, they passed `shall' issue. They did a study in 2004. And, the general
population was 13.7 times more likely to commit a crime than a permit holder, 5.7
times more likely to commit a violent crime, and so I say why are you
discriminating against us? This law's been around for a hundred years. It was a
Jim Crow law to begin with. The May issue. We finally get that discrimination
out of that law and you're wanting to discriminate again! I mean, how many
violent shootings have you had? Defensive shootings in this town? I bet you in
the last ten years there hasn't been ten. I don't know the facts, but I wish you
would study some of the facts and not just jump on this whole hysteria train
that...we're the bad people. And you think you're going to make the buildings
safe by not letting us carry our guns, and we're going to put them in a parking lot.
Okay, great, so there's a great place to rob cars, and let's just steal guns. Well,
they're going to have guns in the cars. Every time we handle a gun you're just
making it more unsafe. Every time you handle one, and I just...like I said, it just
blows my mind. I hope you're not closed mind, but I have a feeling that's the
way it is, just from what I've read, um...and I really, you know, the resolution,
even Tom, Tom Miller knows...his opinion is a joke. Or he'd say an ordinance.
He says right in there, and you know, Cleveland, Ohio, just kicked it to the curb.
Washington state just kicked this to the curb, opinions like Tom Miller's.
Colorado, Michigan... and we're going to reinvent the wheel again, so we can go
to court? I mean, since the second week in January the NRA already has
everything ready to go. They're just looking for the lucky recipient of an 800-
pound gorilla coming down on `em. And they're going to look for somebody.
It's already in the works. They're just waiting for the right group to grab, and
L..like I said, I just think that this is total discrimination that you think you can
save the world by putting these signs up. Thanks.
Hayek: Thank you, Sir. Would anyone else like to address the Council on this item?
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Boorman: Uh, Robert...Robert Boorman. I hang my head when I say I live in Iowa City
right now, but...uh, I guess I'd just like to make a real quick point out of
everything else that's already been said is uh...if anybody has ever looked on the
Iowa flag to see what it says on it, and if they pay attention to that when they
decide to rule here on their...on these, our rights and freedoms and stuff, because
it says our liberties, we prize and our rights we will maintain. And that's the
responsibility all the lawmakers in Iowa should take when they think about these
things and so I guess that's about it for now.
Hayek: Thank you, Sir. Would anyone else like to address the Council on this item
before the Council discusses?
Bontrager: My name's Rod Bontrager from Wellman, and it looks like I'm a little bit, uh,
outnumbered, but I'm with you guys. Um, self-employed. It's a little tough out
there, uh, I work mostly home invasions, some murder, occasional rape, um, I'm a
huge advocate for gun control. Uh, competition's stiff. And it doesn't help that
every time I break in a window or smash in a door or something that, um, I got the
possibility of being shot and killed. Fact is, allowing citizens to own and carry
guns is...basically creates a hostile work environment for me and my associates.
And I don't believe anybody should have to work under those, um, conditions. I
say make them all illegal, uh, take the guns away. I break the law for a living so
I'm a professional, so it doesn't really bother me any. Um...I mean, personally,
knowing that more homeowners and storeowners don't have guns, that would
make me a lot more confident and uh, a lot more comfortable in my...in my job,
and uh, would definitely increase productivity. Uh, your local violent criminal,
they work hard and put their lives on the line every time they attempt to murder,
rape, abduct, or assault a member of society. We desperately need your help.
With your support, there may finally come a day when a violent criminal can have
his way with you, or someone you love, without the fear and anxiety, stress
caused by knowing that there's a possibility his victim might be armed. Please
show your support for, uh, voting for stronger anti-gun legislation, cause
criminals prefer unarmed citizens. Thanks.
Hayek: Thank you, Sir. Anyone else? Okay, at this time, we'll bring it back to the
Council for discussion. Are we doing okay? Do we need to take a break, given
the hour? (several responding) Keep going forward? (several talking) Okay, so
Council, uh, discussion time.
Wilburn: Well those of you that ventured from out of town, welcome to Iowa City. One of
the...things that we pride ourselves in the Council Chambers here, and in our
community, is that reasonable people can disagree about a particular issue, and for
the larger, uh, U.S. Constitutional questions that have been raised here, we're not
going to resolve those tonight. And that issue of keeping an open mind, uh, it
does work both ways, that I would point out. Um...the fact that, uh, within
existing state law, you cannot, uh, carry within the state capitol, and it's already
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banned within schools, shows that that right, that broader U.S. Constitutional rule,
that there are some restrictions on that. And, issues of preemption of state law
and issues of Home Rule, um, for the viewing public at home, uh, those issues,
uh, um...it's not uncommon that those issues are debated, that there's some flex
in overtime there's some give and take, and negotiation. That's why we have the
courts to assist us in resolving those particular issues. Um...and I think
another...addition that I would add on to the reasonable people, uh, disagreeing
on a particular issue is that, uh, we also in this community, uh, do have robust
discussions and value, um....um , that...that free speech right, and so for the folks
who do show up here and show a respectful comment, uh, even if they may or
may not disagree with an opinion of a Council Member, um...just know that we
do share that, uh, that same value about that particular right. Uh, but I will be
supporting, uh, this because again, um, some of the positions that, um, are taken
about, uh, absolute rights, um...and...our liberties (mumbled) rights we shall
maintain, uh; because we are human beings, we have different values and
opinions of what each other's rights are. That's another reason the courts assist us
in trying to balance those rights with each other. So I think that this is a
reasonable thing that we can do, uh, within, uh, public buildings that are, uh...and
uh, it's not an absolute ban on the community as, uh, some people, um, in some
way feel threatened by that, uh, but I will be supporting this this evening.
Wright: I would say that was very well put, Ross, thank you. I agree with you that...that
rights do come, uh, with responsibilities, as well as certain restrictions, uh, I'm
certainly for example a strong believer in the First Amendment to the
Constitution. I'm thankful that everyone has been able to speak their mind this
evening. I'm certainly always free to speak my mind, but I can't necessarily
guarantee that the Press-Citizen is going to print it every day, um...and I'm
absolutely not in favor of telling people what they may and may not do in terms of
firearms in their own homes. And their individual lives. Uh, at the same time,
um, as you pointed out, there are restrictions in other public areas. I don't
particularly agree with some of the speakers that a...a fully armed room isn't
necessarily a safer room. I believe that there are places that weapons should be
permitted. I believe there are places weapons should not be permitted. I'm
certainly not anti-gun. I was raised in a home where one parent is a police officer.
I've been through NRA training, um...I can fire. I don't have a gun in my home
at this time, uh, just another reasonable disagreement. I think it's perfectly
reasonable to allow, uh, (mumbled) on City owned property and I will be
supporting this.
Champion: I don't think we're going o prevent anything. I mean, I agree with you on that. I
think somebody who wants to bring a gun in here is probably going to bring a gun
in here. But I think the idea is taking a stand on what we believe is the right thing
to do right now. And so I am going to support it. A little hesitant to do it. I think
you brought up some really good points, and I'm not sure why we decided this
was a good thing to do in the first place, but I do think there...it sends a message
that guns do not belong in public buildings, where we have children here, giving
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out awards tonight, where people are coming in to pay their water bills, um, so
I...I can support it from that standpoint.
Mims: I think it's a challenging issue, um...like Mike, I grew up in a family, not a police
officer, but hunters. My brothers and dad were hunters. As a kid I hunted. Um,
and I certainly respect people's right to bear arms. Um, and I agree as Connie has
said, if somebody goes, uh, with intent, they're not going to get stopped. I don't
think any law or any rule is necessarily going to stop anybody who, uh, goes with
premeditated intent, um, does...does a room full or park full of people who are
also armed, uh, end up saving some lives? Uh, I think that can be very debatable
as well. Um, I think that the one thing that comes back to me that...that concerns
me about this, and I do think it's, um...I will be supporting the ordinance, I will
tell you that. I think there are people out there oftentimes who...act
spontaneously, okay? And I think oftentimes the...the more, uh, affected, if you
will, weapon they have, then the more damage that may be done. Uh, and so I
think there are opportunities and cases where, um, you know, if somebody didn't
have it, didn't have the gun, uh, they may be angry, they may go...go off, but less
would happen if they are...then if they are armed. Again, I don't...don't expect
it's going to stop anybody who goes with intent, um...but in terms of making this
restriction on city owned property, uh, I will agree, and...and I'd like to clarify
(mumbled) as Ross said, make it clear...we had some...some, uh, correspondence
that we got tonight, that some people seem to be misunderstanding that the intent
of this is to try and enforce this throughout the entire city. Um, and that is not the
case at all. This is simply on city owned property. Um, so just to clarify that. So,
I will be supporting it.
Hayek: I, uh, I...we get issues like this that are divisive and, uh, bring out strong
opinions, um, I think that's when this organization, uh, does its best in this
community because this community is marked by the opportunity we give
ourselves and the public, uh, for open debate on... on serious issues, and we vet
the issues, and so I appreciate the sentiments, uh, of everyone who spoke to us
tonight. Um, much of what I was going to say has been said. I...I won't repeat it.
But I...I do want to reiterate, um, Council Member Mims' point, uh, that it's
important to understand what this ordinance does and does not do, because I think
there is a misperception, um, as to what it does do. Um, it is..the fact it is...it is
strictly limited to city owned property, and nothing more. Uh, it does nothing
beyond that. And, uh, that is important for the public to understand, I think.
Um...I'm a gun owner. I'm a hunter. I hunt ducks and pheasants in season, and
uh, and I certainly enjoy that, and that doesn't necessarily give me any sort of
bona fide to talk about this, but I do think it's somewhat relevant. Um, despite
that hobby of mine or that interest of mine, um, I do not think firearms are
appropriate on city property, with, uh, with certain exceptions, which are
enumerated in the ordinance. Um...I think this is appropriate, uh, and I will
support it for those reasons.
Dickens: The resolution.
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Bailey: It's a resolution. Just to clarify.
Hayek: Yeah, I'm sorry, I misspoke. Yeah.
Bailey: (both talking) been using that back and forth, so it happens (mumbled) Um, you
know, when we talk about firearms we talk about our own experiences, and um, I
certainly was raised in a home with guns and very comfortable around guns. I
don't currently own one, um, the one thing that I was taught though is there's a
time and a place, and um, just as the Mayor, you know, has a hunting hobby,
there's a time and a place, and the consideration when...I think we thought about
public property and um, the buildings that we all, yes, we all own. I'm a citizen
too. It's not just you all are citizens. We're all citizens, and the consideration of
how we treat public property and what we expect to occur on public property, I
gave that some thought, and public property really is a place of civil discourse.
And whereas some of you have indicated you feel safer going armed, you feel like
you can better protect yourselves, you can better protect your family, I understand
that. I also know that some people feel less safe when they're around people who
are armed. I understand that a sign will not prohibit somebody who's intent on,
um, as somebody put it, doing evil from doing evil. I understand that, but the
message or the...what we're trying to say here, I think, is that on public property
we expect civil discourse in a way that people don't necessarily feel threatened.
The exchange of ideas, perhaps heated ideas, in a way that people don't
necessarily feel threatened. There are people who feel threatened when they
know people are armed, so create an environment in which conversations can
happen, and as Council Member Mims said, some people do act on impulse, and
um, the less likely they are to, uh, grab something that can do a lot of harm, I
think the...the greater likelihood people are to express their opinions and feel
comfortable and safe in that environment expressing a disagreement. These are
places where we come together as community and we are trying to send the
message that we want to create a safe and non-threatening place, and we have had
correspondence. Unfortunately didn't see anybody at the podium, who indicated
that that would create a safer environment, that that makes them feel more
comfortable. So I will be supporting this. I did give a lot of thought to, uh, you
know, how my family members would approach this, because I know that guns
are important to many of my family members, and once again, I go back to the
time and the place, and when we're here to talk about ideas and our community,
I...I don't see any need for weaponry of any sort really.
Dickens: I have to agree with all the other Councilors. I will be supporting this resolution.
Um, I have never owned a gun. Uh, I had an older brother that was a hunter, uh, I
did some target shooting with him. I'm not a big advocate of guns. I'm in a
business where if somebody walks in with a gun, it's right away...I'm in the
jewelry business and uh, I work with a lot of salesmen who do carry weapons
with them to protect themselves on the...on the road. Uh, I don't feel comfortable
around weapons, um, I understand why they carry them, but I...I will not have
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one in my home and...I just don't see why we should allow them into the
city...city owned property. I do not disagree that people have the right to bear the
arms anywhere they want, other than places that are restricted.
Hayek: Further discussion? Roll call, please. Item passes 7-0.
Karr: Motion to accept correspondence.
Wilburn: So moved.
Bailey: Second.
Hayek: Moved by Wilburn, seconded by Bailey. Discussion? All those in favor say aye.
Opposed say nay. Motion carries 7-0. (people speaking away from mic) Well,
Sir, we're on to the next item, so...
(male): Unfortunately three of you made yourselves targets tonight (mumbled)
Wilburn: I'm sorry. I'm going to ask the gentleman be removed because he's just making a
threat to the Council. So either leave or have him removed.
Hayek: Let's move on and read the, uh, vacancies of City commissions.
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ITEM 20. CITY COUNCIL INFORMATION.
Hayek: Why don't we start with Mr. Dickens.
Dickens: Um, just like to bring up that, uh, a lot of downtown businesses are in the process
of doing, uh, "small businesses have big hearts." It's a promotion to kind of
coincide with our meters that we're doing downtown. Uh, most of the businesses
are offering discounts or matching any donations that are given to those
businesses, and they will go the six, uh, agencies that are listed on the pamphlets
and on the meters that are downtown, and that will run from the 14t" through the
(mumbled)
Bailey: Nothing.
Wilburn: Um, just had a good ceremony here for the recipients of the Youth Leadership
Award that the Youth Advisory Commission did, and uh, held their meeting.
Largest attended meeting (laughter) by the, uh, for the entire meeting, so
just...best opportunity for the young people of that commission to have had, um,
both had to come up with a process for a leadership award, um (mumbled) similar
to what the Council does in terms of making a decision, who gets an award, who
doesn't get an award, and uh, just nice to see them in action.
Wright: Nothing tonight.
Mims: Um, just wanted to let the community know there'll be announcements coming
out, but on March 3`d and L.sorry, I don't have the time, maybe you can help me.
There's a public meeting at Parkview Church on the elevation of Dubuque Street.
Do you know the time of that open house? Okay. More information will be
coming out, but just watch the media, watch the City web site. The consultants
for, uh, the Dubuque Street project, uh, will be having a big, kind of open house
meeting to let the public kind of have some input, talk to them about what they
want to see in that project, um, I think at least some of the Council Members had
an opportunity to meet with the consultant this past week, and so just want
to...kind of get that on people's radar that that meeting will be coming up.
Hayek: Thanks for that reminder! Um, I think our last Council meeting was the night of
the blizzard. Is that right? (several talking) So I want, uh, commend City staff
for their hard work in the days following the blizzard. We got walloped, as
everyone knows, but ...and the patient was public, and I thank, or the (laughter)
the public was patient, and I t hank the public for that (laughter). I know it, yeah!
Uh, so, uh, residents and businesses did their part, patiently waiting and... and
helping out with the digging out, uh, City crews, uh, came through, and I thought
given the amount of snow, uh, we...we rebounded very quickly from this, and uh,
that was commented to me from a number of sources, uh, even outside the
community, so job well done and uh, it was a good event!
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Wright: And I would second those comments! (several talking)
Hayek: Yeah, and now it's melting!
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ITEM 21. CITY STAFF.
Hayek: City staff? City Manager? Dale?
Helling: Nothing.
Hayek: City Attorney.
Dilkes: Just one thing. Um, we took a call at my office today about a woman who was
sending out invitations to a party at the Cheba Hut. Um, and we explained to her
why the Council wouldn't be in a position to accept those, in case (mumbled)
Hayek: Clerk? (mumbled) Okay.
Wright: Is anybody missing a pair of glasses? (several talking) No. I'm wearing mine.
(several talking)
Hayek: Need a motion to adjourn.
Mims: So moved.
Wilburn: Second.
Hayek: Moved by Bailey, seconded by Wilburn. Discussion? All in favor say aye. We
are adjourned.
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City Council meeting of February 15, 2011.