HomeMy WebLinkAbout2010-03-23 TranscriptionPage 1
ITEM 2. PRESENTATION.
a) Gold LEED Certificate for Fire Station #2
Karr: Mr. Mayor, joining you up front will be Fire Chief Andy Rocca and Michael
Morman, Chair of the United States Green Building Council, Iowa Chapter.
Morman: Good evening. My name's Mike Morman. I'm with the Iowa Chapter of the
United States Green Building Council. It's my pleasure today, uh, to be here to
present the certificates to the City and to the Fire Chief, uh, for Fire Station #2.
Um, Fire Station #2 has gone through LEED rating process. That's leadership and
environmental and energy design, uh, and getting the building to become more
energy efficient, more sustainable, longer lasting, better for the community, better
for the health of the occupants and the people that use it. So it's my pleasure
today to be able to present these awards to Chief Rocca... signifying that the
building has achieved LEED gold status. Um, in the state there are 34 total
projects that have achieved LEED status, 13 of which are gold, so this is a special
honor for the Chief. Here you go, Mayor Hayek...(laughter) um, it's, again, it is a
special honor for the City to make this, uh, a precedence as well. This is the first
City building, from my understanding, that is gone through this process, um, it's a
very good process. It validates what the City has gone through and the Fire Chief,
as well, in making this building along-lasting one for the community. (applause)
Hayek: I appreciate the award, and I'll let Chief Rocca speak here in a second. This is
just a great honor for the City and it reflects a lot of hard work on the part of staff,
and clearly the priority of the Council to make this a greener community. Chief
Rocca.
Rocca: Thank you, Mr. Mayor. Once again, Mr. Morman, thank you for the award. Uh,
we're certainly very proud on behalf of the Fire Department to, uh, accept this
LEED certification award. As Mr. Morman said, it is the first gold LEED
certification award for the City of Iowa City and certainly we're very proud of all
the work that went into that. We think it's, uh, certainly the right thing to do to
have a green building in today's day and age, and to be environmentally friendly
means a lot to us and the City, so once again, congratulations. I do have, uh, a list
here that I need to make a few thank yous and some announcements because
believe me you don't achieve a gold LEED certification by yourself as an
individual department. So let me recognize some of our design professionals.
We have Rohrbach Associates; Mr. Will Downing and Matthew Welter
(mumbled) us tonight. Gentlemen, thank you very much! Have Design
Engineers represented by Ms. Amy Infelt. Amy, thank you as well. Um, Myron
Construction Company. We have, uh, Mitch Klinegartner, and Sarah Tack, I
believe, is with us tonight; thank you as well for being here. Uh, some of the
other agencies that worked on our project with us was MMS Consultants, M2B
Structural Engineering, MidAmerican Energy Company, and the Weidt Group.
So you can see it was clearly a collaborate effort, but uh, I would be remiss if I
didn't mention just a few other people as well. I'd like my staff members to join
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me -Deputy Fire Chief Roger Jensen and Jim Humston, fellows, if you'd join us
up here, and they'll be displaying our US Green Building Council award, uh,
which will be proudly displayed in Fire Station #2 as well. As well we had a lot
of support from Public Works in Engineering. Miss Kumi Morris, thank you very
much for all your assistance and direction on the project, and certainly Mr.
Mayor, City Council, City Administration, want to thank you as well for all of
your support of the Fire Department in the past years. Thank you all very much.
It's an award we'll proudly display in Fire Station #2. (applause)
Hayek/ Okay, before we move on I just want to make a general comment, uh, it's very important
that we not block the doors into and out of the room for safety reasons, so if you'd
please make every effort to not block the doors, we would appreciate it. Thank
you.
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ITEM 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED.
Champion: Move adoption.
Wilburn: Second.
Hayek: Moved by Champion, seconded by Wilburn. I would note that, uh, we are adding,
uh, an item under 3.e.3, which is setting a public hearing for the Apri127 Council
meeting on the Iowa Department of Transportation consolidated funding
application for Iowa City Transit, as well as some additional correspondence.
Any further discussion? Roll call. Item passes 7-0.
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ITEM 4. COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA).
Hayek: This is, uh, the time of the evening where we invite the public to address the
Council on items that are not on the agenda. If, uh, anyone wishes to address the
Council, now is the time to step forward, and I would ask that you keep your
comments limited to five minutes or less. You could also sign in as you're doing
there, and please state your name.
Fidelis: My name is Libris Fidelis. I live downtown, and I have a problem with, uh,
Sheraton Hotel, which may seem insignificant to everybody, however; there's two
issues and number one is, uh, I noticed that the Sheraton Hotel has put their name
on the doors to the entranceway through the public access way of the building.
And as I have said in previous meetings, this building was built under the premise
that the public would have access through the building on the old right-of--way of
south Dubuque Street, and it appears to be a step-by-step process where the
Sheraton is taking over this property as if it's their own property, and it's not
supposed to be done that way, and it appears to be under collusion with the City
Council because nobody's stopping them from doing this. As I've said previously,
I would like to see them put brick right through the building, take the doors off,
and let everybody know that this is a public access way to the ped mall. The
second thing is they put this carpeting in that passageway, which is not very
suitable for wheelchairs. Now I know there's a lot of motorized wheelchairs, but
there's also a lot of manually operated wheelchairs and they have a depression in
the middle of the carpeting, and that makes a little ridge about maybe an inch or
so, and that's a problem. It's also something somebody can trip on. I would also
like to say that I was at the ribbon cutting ceremony for Station #2, and I
remember, uh, this retired firefighter, uh, addressing Chief Rocca, saying, 'Can I
come back out of retirement?'
Hayek: Thank you. Would anyone else like to address the Council on items not on the
agenda? Okay, hearing none we'll move on to item #5, Planning and Zoning
matters.
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ITEM 5. PLANNING AND ZONING MATTERS.
a) CONSIDER AN ORDINANCE CONDITIONALLY REZONING
APPROXIMATELY 5.05 ACRES LOCATED AT MORMON TREK
BOULEVARD SOUTH OF EAGLE VIEW DRIVE FROM
COMMERCIAL OFFICE (CO-1) TO INTENSIVE COMMERCIAL
(CI-1) (REZ09-00011) (SECOND CONSIDERATION)
Hayek: This is second consideration, and expedited action has been requested.
Wright: (mumbled)
Mims: Second.
Karr: Do you want to expedite...
Wilburn: (mumbled) considered and voted on for passage at three meetings be suspended,
that, uh, second consideration and vote be waived, and the ordinance be
considered for third passage at this time.
Champion: Second.
Hayek: Moved..collapsed by Wilburn, seconded by Champion, uh, have there been any
ex-parte communications between Members of the Council and anyone else, uh,
between the time of first consideration and today? Okay. Any further discussion?
Roll call. Item passes 6-1.
Wilburn: I move final adoption.
Mims: Second.
Hayek: Final adoption moved by Wilburn, seconded by Mims. Discussion? Roll call.
Item passes 6-1.
Karr: Motion to accept correspondence.
Wright: So moved.
Mims: Second.
Hayek: Moved by Wright, seconded by Mims to accept correspondence. Discussion? All
those in favor say aye. Opposed same sign. Motion carries unanimously.
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ITEM 6. CONSIDER A RESOLUTION DETERMINING THE NECESSITY AND
SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING
FOR APRIL 27, 2010 ON A PROPOSED MOSS GREEN URBAN
VILLAGE URBAN RENEWAL PLAN FOR A PROPOSED URBAN
RENEWAL AREA IN THE CITY OF IOWA CITY, IOWA.
Hayek: There has been a request from the applicant of...to move up the public hearing.
Bailey: Move the resolution.
Wright: Second.
Hayek: Moved by Bailey, seconded by Wright. Discussion? You can approach
(mumbled)
Pelds: Good evening, uh, Wally Pelds with EquaFour Partners, representing Steve Moss
and the Moss Family Farms about Moss Green Urban Village, um, we really
appreciate your, uh, granting our request. We're very excited to move this process
forward. This was one of those steps that we were going to ask you to kind of
push it forward if we could to keep our timelines moving between the sensitive
areas plan development overlay, the development agreement, and the preliminary
plat. So, um, if you would grant our request, that would be wonderful. If it's too
much of a hindrance, I think we can live with it, but if you could do it, that would
be wonderful! So if you have any questions for me, I'd be happy to answer them.
Wright: I do have a question.
Pelds: Sure.
Wright: Why do we need to move this up?
Bailey: The schedule we're provided seems to... seems to be what we've all agreed upon,
would move this forward in the timeline you were interested in.
Wright: Has there been a change?
Pelds: There has been a change because of two new interested parties, um, we're trying
to expedite it for the development agreement itself. So if we can move up the
urban renewal plan that gets the development agreement in place sooner, and as
you recall we, you know, we need those three readings, and/or we can consolidate
a couple of'em with your help. So, um, at this point they're watching us, the
people who are very interested in coming into the park, and if we can expedite the
timeline it would be wonderful, um, and again, if...if we can't, I think we can live
with it, um, I don't want to encumber the Council, um, or make it an
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inconvenience for you, but this would look good for the prospects, uh, because
they are watching our process and seeing if we can get projects through quickly
through the City when it's, you know, when their timeline mandates.
Hayek: I guess my concern is that this would move it up by 12 days, I mean, and we're
talking about amulti-year project here and it...and it would require a new, a
special meeting by the Council, which means a lot for staff and everybody who
supports the meetings, so I mean, I personally would need to see a true, concrete
benefit to...to moving it up 12 days and holding a special meeting to do that.
Pelds: I would, uh, I would have to consult with my real estate, because I don't know that
I could reveal who the people are who are asking us to push this forward.
Hayek: No, I'm not asking for..for identification of...of entities or individuals.
Pelds: Okay. They are trying to get groundbreaking as soon as they possibly can. So
it...any, the 12 days is that publishing deadline difference that we have, that
usually goes on. You have to publish the public hearing for 12 days. It helps us
in the sequence. Now, like I said, we can live with it, but the request was made
by our group to expedite that process so the other things can fall simpler into
place. Um, because they're watching...they want to see all these things fall into
place. They're anxious to see the urban renewal plan go through, and then see
how the development agreement process goes with us. So...
Hayek: And there are some other...processes that are...are underway right now
with...with wetlands and other government entities...
Pelds: Yes.
Hayek: ...that you have to get approvals from.
Pelds: Yes, and we've been in contact with the Army Corps of Engineers on the
wetlands. They have agreed, because the snow has melted to allow them to
complete their delineation sooner, uh, rather than later. So we were pleased with
that result. We've also been in contact with the Iowa Department of Natural
Resources, um, to expedite that process as well, so...and we've been bouncing a
lot of things back and forth with staff. So, this is a...if it's an inconvenience I
don't want you to do it, but if... if it, if you, uh, if you would or you have other
items on that evening, I think it would be great, um (both talking)
Hayek: I'm sorry to interrupt, but there's no meeting, and so we would actually have to
schedule one.
Pelds: Right.
Hayek: And this would be the only item.
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Pelds: This would be the only item?
Hayek: That's the catch!
Bailey: And quite honestly (mumbled) Army Corps of Engineers on other projects outside
of the city and um, trying to rush them sometimes is...is quite challenging,
because of the, um, the weather dependence and all kinds of factors that come into
play, so I have concerns about some of the complexity of the variables involved.
Wright: (mumbled) an indication of any disinterest.
Pelds: Okay. I...I'm not asking for that. I'm not reading it as such. It's more...we were
asking if we could speed it up because we got a late start. That's...that was
basically the purpose for asking for it, as well, so if we could, uh, if you...if it's an
inconvenience, don't do it. We'll...we'll live with it. We'll make our timeline
work, um, and the Army Corps of Engineers has assured me that they will, uh,
we've been working with them hand-in-hand so, it should all work out.
Hayek: All right.
Pelds: I will leave it at your discretion, if you choose not to grant it.
Hayek: Well, for the date to change, someone would have to make an additional motion,
uh, within the context of this item.
Champion: (mumbled) get this thing moving.
Mims: I don't either. I mean, and if we're all basically on the same page with this, with
what it would take, if there's scheduling conflicts all we would have to have is
four of us available for a special meeting. I mean, in terms of people's schedules.
I'll go ahead and make the motion to change the date to...April 16th.
Champion: I'll second that.
Hayek: Moved by Mims, seconded by Champion to move the date to April 16.
Discussion?
Karr: Time?
Wilburn: I don't have a problem with, uh...putting it forward, but I...sometimes the
challenge is getting four people to be able to meet, and so uh, I'm not saying that
Council Members aren't willing to give up their time, but uh, not everyone has as
flexible a schedule. Some of us have to take vacation time to do special meetings,
so um, those of you who have made the motion, second, I'll be willing to support
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it, but I...I'm not necessarily going to be able to commit to being that fourth
person to be at that meeting.
Dilkes: We certainly don't want a situation where we can't get four of you here.
Wilburn: And that's what I'm, you know, I mean I'll do what I can, but...(several talking)
Karr: You'll have to set that tonight, because it doesn't...the notice of public hearing
will have to reflect the time, as well.
Champion: (several talking) I might be here at 8:00 in the morning.
Mims: (several talking) I can.
Hayek: Do you want to propose a time in connection with this motion, or...if it passes do
so after?
Karr: I don't, uh, I think you should just so we can put it in the documents.
Wright: I think somebody did propose a time.
Karr: 8:00 A.M.?
Wilburn: On which day?
Mims: Friday the 16th.
Hayek: Okay. Moved and seconded to, uh, move it to 8:00 A.M. on Friday, April 16.
Any further discussion?
Wright: Um, I know I'm not going to be there.
Bailey: I'm not going to be there.
Wright: Connie's not going to be there.
Champion: Well, I could be there at 8:00.
Hayek: I'm not sure I can. (several talking) Why don't we vote on it, so...all those in
favor say aye. Why don't we...
Karr: I'm sorry, could you...could you tell me who...
Hayek: Dickens, Champion, Mims. Opposed say nay. Okay.
Wilburn: I've got a...I have to do some interviews (mumbled)
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Hayek: Okay, appears to fail 3-4, So we'll stick with April 16 (several talking) or April
27, sorry! Okay, any further discussion on that? Roll call, please. Item passes 7-
0.
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ITEM 9. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY
MERCER PARK AQUATIC CENTER POOL FILTER REPLACEMENT
PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO
ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH
NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT
OF BIDS.
a) PUBLIC HEARING
Hayek: For the public's information, uh, the estimated construction cost for this project is
$250,000, which will be funded with General Obligation bond proceeds. This is a
public hearing (bangs gavel) public hearing is open. (bangs gavel) Public hearing
is closed.
b) CONSIDER A RESOLUTION
Champion: Move the resolution.
Wilburn: Second.
Hayek: Moved by Champion, seconded by Wilburn. Discussion? Roll call. Item passes
7-0.
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ITEM 11. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2010
PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT,
ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY
EACH BID, DIRECTING THE CITY CLERK TO PUBLISH NOTICE TO
BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
a) PUBLIC HEARING
Hayek: This is the, uh, regards to the water main replacement program, uh, on Plum
Street, Euclid Avenue, Crescent Street, Second Avenue, and D Street, uh, it also
includes removal and replacement of existing sidewalk, and uh, ADA compliant
handicap ramps in these areas. This will be funded through water revenues, and
the estimated cost is $118,875. Public hearing is open (bangs gavel). (bangs
gavel) public hearing is closed.
b) CONSIDER A RESOLUTION
Wilburn: Move adoption of the resolution.
Bailey: Second.
Hayek: Moved by Wilburn, seconded by Bailey. Discussion? Roll call. Item passes 7-0.
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ITEM 12. APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2010
WATER MAIN DIRECTIONAL BORING PROJECT, ESTABLISHING
AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID,
DIRECTING THE CITY CLERK TO PUBLISH NOTICE TO BIDDERS,
AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
a) PUBLIC HEARING
Hayek: This involves the installation of a PVC water main in the streets I just mentioned.
Uh, also it will be funded with water revenues, and the estimated cost for this is
$120,540. Public hearing is open (bangs gavel).
Fidelis: Libris Fidelis again, downtown Iowa City. Um, I'm kind of ignorant on the
specifications of this PVC. In late 1950s I lived in the San Diego area and they
had a distinct plastic taste to the water supply, which was really objectionable,
which to me would indicate that there are pollutants from the chemical process of
making the plastic that leeches into the water supply. I don't know if any
information that has ever come publicly so far as to what kind of PVC this is, and
I would hope that Iowa City is making sure that this kind of a situation doesn't
happen where the water tastes like plastic. So I hope somebody will enlighten us
on this, if this kind of plastic will not maintain itself where it will not leech into
the water then we need something to be addressed. Thank you.
Hayek: Anyone else? (bangs gavel) public hearing is closed.
b) CONSIDER A RESOLUTION
Wilburn: Move adoption of the resolution.
Wright: Second.
Hayek: Moved by Wilburn, seconded by Wright. Discussion? Roll call, please. Item
passes 7-0.
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ITEM 13. DECLARING THE CITY'S INTENT TO PROCEED WITH AND
AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR
THE 2010 SIDEWALK INFILL PROJECT.
a) PUBLIC HEARING
Hayek: For the public's benefit, this regards temporary construction easements the City
needs, uh, for the construction of an eight-foot wide sidewalk along the south side
of Rochester Avenue from Larch Lane to Amherst Street. Construction of a four-
feet wide sidewalk along the east side of Dubuque Road from north Dodge Street
to Bristol Drive, and along the west side of Bristol Drive to the proposed sidewalk
along Dubuque Road. This is a public hearing. The public hearing is open (bangs
gavel). Public hearing is closed (bangs gavel).
b) CONSIDER A RESOLUTION
Bailey: Move the resolution.
Mims: Second.
Hayek: Moved by Bailey, seconded by Mims. Discussion?
Bailey: I am so happy to see (mumbled) at me because he's heard about Rochester
Avenue a lot. So, glad to see it on our agenda!
Hayek: Roll call, please. Item passes 7-0.
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ITEM 15. CONSIDER AN ORDINANCE AMENDING TITLE 10 OF THE CITY
CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY,"
CHAPTER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS,"
SECTION 5, ENTITLED, "USE BY MOBILE VENDORS" TO INCREASE
THE VENDORS IN CITY PLAZA AND TO DECREASE THE MINIMUM
HOURS REQUIREMENT. (SECOND CONSIDERATION)
Champion: Move second consideration.
Mims: Second.
Hayek: Moved by Champion, seconded by Mims. Discussion?
Wright: (mumbled)
Dilkes: (mumbled) to expedite.
Karr: I think, again, Mike Moran had a couple of these together with some other issues
the next time was the only reason.
Wilburn: Okay. Um, anybody have a problem if we expedite? (several talking) I move
that the rule requiring that ordinances must be considered and voted on for
passage at two Council meetings prior to the meeting at which it is to be finally
passed be suspended, that the second consideration vote be waived, and that the
ordinance be voted on for final passage at this time.
Bailey: Second.
Hayek: Moved to collapse by Wilburn, seconded by Bailey. Discussion? Roll call,
please. Motion carries 7-0.
Wilburn: Move final adoption.
Wright: Second.
Hayek: Final adoption moved by Wilburn, seconded by Wright. Discussion? Roll call,
please. Item passes 7-0.
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ITEM 16. CONSIDER A RESOLUTION AUTHORIZING AND DESIGNATING THE
CITY PUBLIC WORKS DIRECTOR OR DESIGNEE TO SUBMIT THE
CITY OF IOWA CITY'S APPLICATION FOR ENERGY EFFICIENCY
AND CONSERVATION BLOCK GRANT FUNDS TO CONSTRUCT A
LANDFILL GAS PIPELINE.
Hayek: This regards a Landfill pipeline that is intended to be built from the Iowa City
Landfill to the University of Iowa Research Park on Oakdale Boulevard.
Wilburn: Move adoption of the resolution.
Dickens: Second.
Hayek: Moved by Wilburn, seconded by Dickens. Discussion?
Wright: I just want to say this is a terrific project (mumbled) forward with it.
Hayek: Roll call, please. Item passes 7-0.
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ITEM 17. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST AN EMPLOYMENT
AGREEMENT BETWEEN NICK TRENARY, THE CITY OF IOWA
CITY, IOWA, AND THE JOINT EMERGENCY COMMUNICATIONS
SERVICES ASSOCIATION OF JOHNSON COUNTY (JECC) FOR THE
EMPLOYMENT OF NICK TRENARY AS A SYSTEMS/NETWORK
ANALYST.
Bailey: Move the resolution.
Champion: Move the resolution.
Hayek: Moved by Bailey, seconded by Champion. Discussion?
Wright: Just point out that this is just, uh, until the 30th...his appointment is just until the
(mumbled) JECC, uh, becomes a fully operating entity.
Hayek: Thanks for that information. Roll call, please. Item passes 7-0.
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ITEM 18. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A SECOND AMENDMENT TO
THE CONTRACT OF EMPLOYMENT BETWEEN THE JOINT
EMERGENCY COMMUNICATION CENTER OF JOHNSON COUNTY,
THE CITY OF IOWA CITY AND MIKE SULLIVAN.
Wilburn: Move adoption of the resolution.
Bailey: Second.
Hayek: Moved by Wilburn, seconded by Bailey. Discussion?
Wright: I should also add that the, uh (mumbled) Joint Emergency Communication
Center, not by the City of Iowa City.
Hayek: Further discussion? Roll call, please. Item passes 7-0.
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ITEM 19. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE
CONTRACT OF EMPLOYMENT WITH THE JOINT EMERGENCY
COMMUNICATION CENTER OF JOHNSON COUNTY, THE CITY OF
IOWA CITY AND THOMAS JONES.
Wilburn: Move adoption of the resolution.
Mims: Second.
Hayek: Moved by Wilburn, seconded by Mims. Discussion?
Wright: (mumbled)
Hayek: Ditto! (laughter) Further discussion? Roll call, please. Item passes.
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ITEM 20. CONSIDER A RESOLUTION AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A CONTRACT FOR CONSTRUCTION OF IOWA CITY FIRE
STATION N0.4 PROJECT.
Hayek: Uh, for the public's information, thirteen bids were received, and the Public
Works and Engineering department recommends award of the contract to
Corporate Contractors, Inc., of Beloit, Wisconsin, with a base bid and alternates 1
through 4 for a total of $2,468,468. Uh, the engineer's estimate was in excess of
$3 million. This project will be funded by an I-Jobs grant, an inter-fund loan, and
General Obligation bond proceeds.
Mims: Move the resolution.
Bailey: Second.
Hayek: Moved by Mims, seconded by Bailey. Discussion?
Champion: Long time coming!
Bailey: It's great!
Mims: It's nice to see it happen!
Bailey: Nice bids!
Mims: Yes!
Wright: Exciting to see it happen!
Hayek: Indeed. Roll call, please. Item passes 7-0.
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ITEM 21. CONSIDER AN ORDINANCE AMENDING TITLE 4, ENTITLED
"ALCOHOLIC BEVERAGES," CHAPTER 5, ENTITLED
"PROHIBITIONS AND RESTRICTIONS," SECTION 8 ENTITLED
"PERSONS UNDER 19 YEARS OF AGE IN LICENSED OR PERMITTED
ESTABLISHMENTS" OF THE CITY CODE TO PROHIBIT PERSONS
WHO ARE UNDER THE 'LEGAL AGE' (CURRENTLY TWENTY-ONE
(21) YEARS OF AGE) FROM ENTERING OR REMAINING IN
ESTABLISHMENTS WITH LIQUOR CONTROL LICENSES OR WINE
OR BEER PERMITS BETWEEN THE HOURS OF 10:00 P.M. AND
CLOSING. (FIRST CONSIDERATION)
Wright: Move first consideration.
Champion: Second.
Hayek: Moved by Wright, seconded by Champion. Okay. We're at the point in the
evening when, uh, most of you have anticipated, um, I want to welcome the
public to this meeting. There are many of you here. This is clearly an, uh, an
issue of significant interest. Um, we're going to do everything we can to
reasonably accommodate and to encourage public input on this item, this evening.
Um, realistically, we probably will not have an opportunity for everyone who
wishes to speak to...to address the Council. Um, we're, uh, going to hold, uh, the
session open for 90 minutes for input from the public. Uh, we're going to ask that
each person who addresses the Council spend no more than three minutes of time
addressing us. Um, and so that we can get as many people cycled through to
express their perspective on this issue, we ask that you try to not repeat
information we have already heard. If there is new information you can provide
to us, that will be far more helpful to us as we deliberate. Um, I ask that you be
respectful of other people in the room. Again, try not to block the doors, if you
can help it. Um, and I also want to point out that if you don't get a chance to talk
tonight, and if this passes first consideration, there will be two additional or
potentially two additional meetings right here with the City Council at which we
will provide additional periods of 90 minutes, if that's what it takes, at each
meeting so that...that represents a total of four and a half hours potentially of
public input and my hope is that we can provide more than enough time to do that
for everyone to have his or her voice heard. Um, and..and uh, with that, uh, why
don't we begin the public comment. If you, uh, want to form a queue, uh, that
would be fine. Remember, when you get to the podium, please sign in and state
your name, and remember the limit is three minutes. Thank you.
Rocklin: Thank you for the opportunity to address the Council this evening. My name is
Tom Rocklin. I'm a 23-year resident of Iowa City, and Vice President for Student
Services at the University of Iowa. President Mason and Provost Lowe regret that
they're not able to be here tonight. They've asked me to convey their strong
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Page 22
support for the ordinance under consideration. The University of Iowa supports a
minimum bar entry age of 21 because it will contribute in very substantial ways to
the health and safety of our students. I'd like to make three points in explaining
our support for the ordinance. First, the alcohol use that we see at the University
of alcohol...at University of Iowa (laughter) very telling, is not just college
students being college students. Uh, as President Mason pointed out in her letter
to you, the situation at the University of Iowa is something much more pernicious,
but that is not inevitable. We could be more like the average college campus.
Second, I want to be clear about our goal and how the proposed ordinance relates
to the goal. We want alcohol to harm our students less than it does now. And that
will happen only if the average amount of alcohol our students consume
decreases. One of the keys to decreasing the average amount of alcohol our
students consume is limiting access. Excluding young people who cannot legally
drink from establishments whose business is selling alcohol is one very good way
to limit access. Because I think there's a frequently misunderstood point here, I'd
like to expand just a bit. I've heard a number of objections to a minimum bar
entry age change that begin with the phrase, well, they'll just. You've heard them
too -well, they'll just get fake LD.s., well, they'll just drink elsewhere. I'd like to
suggest we treat all such statements with a good deal of skepticism. Saying that
they'll just assumes a universal response to an intervention that all students, all
young people will respond to the intervention in the same way. That would be
unprecedented in the history of behavioral interventions. Sure, some students
might gain admission to some bars with fake I.D.s and some students might drink
elsewhere. But, others won't, and they'll be safer and healthier because of the
ordinance you're considering. Anyone who suggests that a minimum bar entry
age of 21 will not solve the problem is making a statement that is a true, and at the
same time, irrelevant. If the proposed ordinance succeeds in reducing the average
amount of alcohol that our students and other young people in our community
consume, it will have met its goal, and that's the test we should apply. Finally, let
me assure you that the University of Iowa intends to continue to be a good partner
in addressing the alcohol safety problem in our community. As you know from
my letter and from President Mason's letter, we plan expanded enforcement of our
code of student life, additional opportunities for safe and legal late-night
activities, and further education of our students on alcohol use, as well as
education on the responsibilities of living in Iowa City's neighborhoods. Thank
you for the opportunity to address you this evening, and thank you for considering
a minimum bar entry age, and finally, thank you for your concern for the health
and safety of our students and the other young people in the community.
Sharp: Thank you for allowing me to speak. I'm Victoria Sharp. I'm a faculty member at
the University of Iowa, and a member of the Faculty Senate. I'm here this
evening to read a resolution that was passed unanimously this afternoon at the
University of Iowa Faculty Senate meeting. It states: whereas students at the
University of Iowa suffer alcohol related harms at rates that are 1.4 to 2.0 times as
frequently as at the average college or university, and whereas alcohol abuse is
mentally and physically harmful, which reduces the student learning, and,
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Page 23
whereas available evidence suggests that increasing the entry age to local bars
from 18 years old to match the legal drinking age of 21 years old, will reduce the
incidents of alcohol abuse. Now, therefore, be it resolved by the University of
Iowa Faculty Senate that the Senate endorses the 21 only bar entrance initiative
being considered by the Iowa City Council. Thank you for allowing me to speak.
Hayek: Thank you.
Reams: Hi, thank you for allowing me to speak. My name is Angie Reams and I'm the
Substance Abuse Prevention Coordinator at the University. I, uh, wanted to share
a few snippets about what I see on a regular basis, and what I hear from students,
as I coordinate the alcohol and other drug programs for students who are required
to have substance abuse evaluations or education programs due to violations. The
majority of students that I see are under the age of 21 and have been arrested after
drinking in the downtown area. These students are not arrested for PAULA
violations, but these are students I'm seeing for public intoxication, interference
with official acts, or other related alcohol violations. These students regularly
report it's very easy to purchase alcohol in these bars, on their own, not through an
older friend, not at a table, but at the bar themselves, and that they're able to
consume large amounts of alcohol without anybody intervening or cutting them
off for intoxication or safety reasons. One student recently, um, whom I saw had
four violations over the past five months in the same bar and yet he still returns.
He's under age, and he has no problem continuing to get served in this bar. The
BACs of our students, uh, in the past years have ranged from .13 to .15, um, but
now I mainly see students with BACs at .20 and higher. This is obviously not
normal. It's well above the legal limit, and it's a health and safety risk when our
students are being served to the point their BAC is .20. Our students think this is
completely fine and very normal, plus some of these students who are at this level
are ending up in the emergency room because they've passed out in public, can't
maintain consciousness, or even remember their name. One student recently
shared that he was in, uh, one bar from 10:00 P.M. till 1:30 A.M. He consumed
approximately 20 drinks, and then walked home, with nobody ever stopping or
intervening. Another student shared that he was served to the point he was so
intoxicated he felt he couldn't get up from his booth to use the restroom, and so he
ended up standing up next to his booth and urinating right there. Our students
want to make healthier choices and even try to make healthier choices, but they
feel the environment just doesn't support them. They try to purchase non-
alcoholic beverages, they feel their ignored by the staff in the bars, they really do
whatever they can, and yet they feel that the environment is not supporting them.
We really want our students to make these healthier choices, and safer choices,
but the environment at this time just does not support that. We really want to, uh,
work with our students and provide a safe and healthy environment for all of
them. Easy access, uh, punch cards, excessive BACs all create an unsafe and
unhealthy environment for our students. We know that the Police Chief has made
it clear he can address the issue of house parties, and so to imply a bar is a safe,
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Page 24
controlled environment just isn't true. So we need to move forward and enact the
21-ordinance. Thank you very much for your time.
Hayek: Thank you.
Green: Hello, I thank you for the opportunity to speak on this very important issue. My
name is Charles Green, and I'm the Director of Public Safety at the University of
Iowa, and I've held that position for 15 years. We're in charge of, uh, law
enforcement, security, and fire safety on the campus. And, this has long been a
topic that law enforcement really feels is needed. I can remember having to
address this with the Board of Regents in 2005. I had to do a survey of alcohol
arrests here in Iowa City and also in Ames. So I contacted the Ames PD, uh,
Iowa City PD, and then I used my stats and the stats of my counterpart at the
University...uh, Iowa State University. And, we found some very interesting
things at that time period. Uh, that in Ames they had 16 bars to our 52. And ours
were all within walking distance of our, uh, most of our residence halls. And so
obviously our stats were a lot higher. But whenever we see press on this topic it
usually begins with students in downtown Iowa City, and I would like to share
something with you tonight, because it's not just our students. In our 2009 stats,
we had 460 public intoxs. 462 public intoxs in the year 2009. Of those 462, 189
were students and 273 were non-students. What we see is that Iowa City is often
a magnet for other communities, including Ames. My counterpart has often
thanked me for, uh, the opportunity to send some of his students, uh, to Iowa City,
but it's...it's really no laughing matter, uh, we are concerned about a lot of issues.
I had a conversation with Chief Hargadine, and we would like to see fewer
PAULAs, fewer hospital runs, fewer public intox charges, fewer sexual assaults,
fewer criminal records, because many of these young people don't understand that
what they do here in Iowa City can follow them for the rest of their lives, and
we'd like to see an end to that. And, going back to that number - 462 -sometimes
law enforcement is accused of preying on young people in the downtown area.
462 public intoxs for the entire year of 2009. I could easily get that number on
one football weekend. One extended weekend. So it lets you know that law
enforcement is not looking for an opportunity to arrest young people for public
intox. We're looking for ways to not do that. So it always has to be attached to
something else, either public urination, uh, violence or some other issue, uh,
destruction of public property. So, in short, I firmly believe that a 21-law will
improve the health and the safety of not just our students, but young people in
general and I really appreciate that you're taking this issue up. Thank you.
Champion: Mr. Green (difficult to hear)
Green: Uh, I'm sure the age would be in our police records, but that's not in our stats.
Thank you very much.
Konchar: Hi, my name is Sam Konchar and I am an executive on UISG. I serve as the
governmental relations liaison, and I thank you for the opportunity for allowing
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Page 25
me to speak. Um, I'd like to give you just a little bit of a background on some of
the lobbying I've done over at the State House, and believe it or not, I've actually
advocated for students to have a second chance on a House Bill, HF2233, which
expunges PAULA offenses for first-time offenders. Now the reality of this
college town and other college towns across Iowa is that people do make mistakes
- we're all prone to it. But one of the caveats I always hear when I do speak to our
elected officials is, if students are aware they're putting themselves in an illegal
position, why do they keep on going towards it. Why won't they simply act as
adults. I'd like to say that this is a great measure that is being undertaken right
now because most of our options have been exhausted. The facts are...is that the
University of Iowa leads the Big Ten in binge drinking, and we also have the
lowest retention rate in the Big Ten as well. Now, arguably those might not be
cor... correlated hand-in-hand, but I do believe that there is statistics, well, there
are statistics that show that 18 to 19-year-olds when binge drinking does become
a, um, repetitive habit, which is a big factor here at the University, but I'd like to
kind of draw some attention to what this means for our community in the future.
I, as a student, I think it's awful that our school is associated with being in the top
ten Playboy school for partying. I think it's shameful that we are a destination
city because of our oasis of having 19 bars, and attracting people like what Chuck
Green just said, and quite frankly, if we don't act now, it...there's no telling to
what will happen to the reputation of our university in the future, and for our
community. I would rather be a proud alumni of a town that supports
responsibility over pleasures of the current moment, and please just when
considering how you vote, all what I think you need to do is bring students to the
table. We have solutions. We want to help you on this problem. But also...keep
in mind that just stay strong (mumbled) to please pass this. Thank you for your
time.
Lawler: Good evening. My name's Patrick Lawler, uh, I work downtown in the bar so
kind of different from all these other people, but uh, I would just like to say that
countless times since I've been working there I have taken LD.s, I have, uh, taken
intoxicated people out of the bar, put them into taxis, talked with, uh, police, uh,
policemen (mumbled) on that, and have taken drinks away. Uh, earlier this
summer we all took part of an insurance class to make sure that we all knew what
to do. Um, I just...do you think that there's going to be someone like that, that's
going to be out at house parties, like I mean these bars, even though it is 19, we
are doing everything we can. We are keeping it safe, and we are...we're doing the
best we can, uh, we've...I guess I don't know what else to say, but also another
thing is, uh... it's my first time talking in public. Sorry, guys! (laughter)
Hayek: You're doing fine!
Lawler: Yeah, uh...also one of my worries is with this 21-ordinance going through, the
bars are going to...some bars will close down. Many bars will have to cut back.
A lot of the students are part of the bars. Uh, a lot of the students work at bars. I
for one can't find a regular job because of my schedule. The only place I can
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Page 26
work is at a bar. And so I'm worried that with this happening, a lot of people will
lose their jobs. So, um, thank you for your time.
Hayek: Would you mind signing in, quickly...I don't know if you've done that already.
Lawler: Sorry! I was panicking.
Hayek: Thank you.
Steadham: My name's Marni Steadham. I'm the primary representative of the University of
Iowa's Students for Sensible Drug Policy. Um, and before I begin, I'd like to kind
of share some of my background. I transferred here after my freshman year at
Drake, and for those of you that don't know, a lot of the bars around the Drake
area are within walking distance of the dorms. You can get there just fine within
a couple of blocks, and most of them are technically 21 and up. Did that stop
anyone? No. Not at all. So what I saw in my time there was people doing
passbacks, which just blatantly passing an I.D. back after it's already been
accepted by the person who's taking the I.D.s at the front of the bar, and another
fine sight I saw there was a police raid on a bar where .I got to witness a kid hand
over a fake I.D. Obviously that's not preferable to the system we have now. So
yes, people will hand over fake I.D.s and they will get themselves in trouble if
they want to go out drinking with their friends. So why is this a bad idea?
Basically if the rationale is to curb the drinking culture that we have here in Iowa
City, or get adults out of the downtown and 19 and 20-year-olds are adults, this
will not work. And it does not address the issue of excessive drinking. It's
merely there to punish it. So, clearly it's not going to affect demand. So what we
have instead is creating dangerous situations where you're doing illegal behavior
or you're going to a house party instead of a bar and a house party does not have
the same investment in your welfare and well-being as a bar does. A bar doesn't
want to see you dead on the floor in their establishment. That's not a great
economic incentive, whereas if you're at a house party, well, hey, maybe you get
assaulted. That's okay, because they're my friend and I don't think they really did
that. So in conclusion, what evidence is there to support that this will change
anything, and how is this in the interest of reducing harm here, instead of just
controlling acts in Iowa City. Thank you for your time.
Hayek: Thank you.
Chiakulas: Hello there. My name's John Chiakulas. I live on 820 E. Burlington. I don't
really have a speech made up, but I heard this meeting was going on. I still
wanted to say something. First off, I blame the drinking problem, binge drinking,
on the age, but I know that's not really in our control right now. I believe it's too
high at 21. I also want to note that we're not the only bars, um, where it's 19 to
get in. It's also at the University of Illinois and some other bars around the
Midwest. I believe at this time it's a...it's a bad time right now to, uh, look to
low...higher the age. I mean, right now we're in a bad economic recession.
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There...this will affect the downtown area, bars will lose revenue, there will be a
loss of tax dollars. This is a fact. And what will this accomplish? This will
accomplish more...there will be more house parties, and there will be more
trouble in the neighborhood. You will have more kids walking around
neighborhoods, drunk, and there will be more destruction. This is...I don't
believe this is what the board wants to happen. Um, I also have a study here,
published from the American Association for the Advancement of Science. Their
annual meeting, this study that, uh...links violence to take away alcohol. The
study presents that, uh, if there are more places where you can purchase alcohol in
the area, there's a higher association of violence. Um, the study goes on to say,
um, I want to read it directly because I don't really want to paraphrase it. The
strong association with violence was linked to off-premise outlets, shops rather
than bars or restaurants where alcohol is consumed on the premises. Um, he, this
is, uh, Professor William Piedmont from Indiana University, states, uh, you...he
explains that this was likely because there was more social control in bars. He
also goes on to say that you have more...you have management, you have
bouncers, and you have bystanders who may step in and break up a fight before it
gets more serious. Professor Piedmont suggested that a pub culture, this is...I
don't know why he said pub culture and not bar culture, but might ease the impact
that alcohol has on the levels of violence and illustrated this by discussing
previous research he carried out in Russia. States that historically Russia has no
bar or pub culture. I think that's one of the reasons there's such a strong
association between alcohol and violence there. Um...I a1so...I'll state to
conclude, I'll end this now, if you do vote for this, you will unite the students
against the Iowa City Council. Right now students do believe that police do
target youth, whether or not this is the case, this is what students believe and you
will just unite the students against the government here in Iowa City if you pass
this. Thank you.
Hayek: Thank you.
Bryant: Good evening. My name is Anthony Bryant. I'm a local citizen. I've worked in
Iowa City for 20 years, 25 years. Four children. Two in college, well, one in
college right now. Two have graduated from the University of Iowa, and I have a
daughter, um, who's going to college in the fall. I'm here tonight because, uh, of
this 21 ordinance. And it really makes no sense to me that you guys, the Council,
continue to run this thing over and over and over about 21, and having these
students at 19 years of age not be allowed to entertain themselves. You have
situations in these bars that... can entertain the students so far as dancing, music,
comedy. They have no other sources of entertainment in Iowa City. You have
great recreation. You have all of these, well, you have academics, you have
everything but entertainment. So for you to take this entertainment from these
kids, and I'm not going to repeat it. I think you've heard it time and time again
about how a student is going to come up with forgery. You can arrest them for
that. You can give them felonies. How a student is going to drink, so if you want
to eliminate anything, close Hy-Nees, close Dirty John's, close these places where
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Page 28
they can buy alcohol. The average kid in this neighborhood is drunk before they
get downtown. For a kid to say that he sat there and drank 20 drinks, that's a lie!
I'm an alcoholic. I've been sober 19 years...17 years actually. So far as binge
drinking and drinking, I understand. Now, I don't think you understand, and that's
just the problem. You don't understand. You don't understand what alcohol does
to a person. You don't understand binge drinking. You don't understand what
these kids are going through. Only thing you can see is ten people will get
together, cause a complaint, and then all of a sudden you're ready to say let's keep
the kids out of the bars, but who puts the kids in the bars? You do! At the ages of
10, 12, you take 'em out, you order a pitcher of beer, and you sit there and you
drink. So that's what excites them to grow up and be like mom and dad. So we
do this to our children. Now we want to stop it. The only way to stop it...they
have to stop themselves. You can come here with all the statistics, uh, first ones
they...they will just. They will just, okay. They are, they will, and they will
continue to do. The second...
Hayek: Sorry to interrupt. You're coming up on your three minutes here so (both talking)
Bryant: Okay, okay, I'm going to hurry up then. I know you don't like this, but uh, the
thing is is you're gonna hurt the community, you're gonna hurt these kids, and
you...you're really going to put some people out of work. So I'd really...I'm not
gonna vote for the 21, uh, age limit. I think it's, uh, kind of ridiculous that you
guys want to keep pushing this issue. I think one, first thing, you have to
remember is you went to college also, and you did drink. And you still drink
today. You just don't do it in the bars downtown. Thanks.
Baker: Hello, thank you for letting me address the Council. My name is Shelby Baker
and I'm an Iowa City resident. Um, I would first of all like to say that I'm against
the 21 ordinance, and I have the following reasons. I believe that the police will
be running around the entire town instead of just in a centralized location. There
have been instances that I have been downtown, and the response time has been
more than 20 minutes to a altercation, so...and that's when the police are just
downtown. So if the police are out at Jefferson and Johnson, how long is it going
to take for them to get downtown? I believe that the number of sexual assaults
will increase. The sexual assaults, as we've seen in the past, have occurred in
areas that are not downtown Iowa City. They are out on Jefferson and Johnson.
They're out on Burlington Street. They're not downtown on Clinton Street. I also
believe that the number of drinking and driving violations will increase. Right
now it doesn't seem like they have that large of a problem with drinking and
driving; however, if the parties are spread out and people are drinking elsewhere,
they will be more inclined to drive to those places. And I also believe that alcohol
related deaths and injuries will increase due to the fact that other people have said
that they have gone through counseling and education on how to take care of
different situations as far as getting people the medical attention that they need,
and people at these parties will not have gone through that training. Someone
mentioned about Ames, how they have less, um, public intoxs and PAULAs than
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Page 29
we...than we do, and they also have a (garbled) Greek campus so if this passes, is
that something that you guys are going to consider? And instead of just handing
out fines, I would move to instituting an educational component along with the
PAULAs. I know that in Des Moines they've instituted a policy where if you
were to get a PAULA and it's a first offense, you can pay a less fine and go to an
educational experience and get that off of your record. So not only are they still
paying a fine, but they're also getting educated, which seems to be the main
component here is that we need to educate students on how to drink less. I also
believe that this will affect the local economy as far as rental rates, and property
values will decrease. And therefore that will be a loss in tax revenue for the City.
And my final point is that several Council Members have run on the platform of
the anti-21 ordinance when they were campaigning and now that they've been
elected they are suddenly changing their mind and I just feel that that is dishonest
and untrustworthy for them. So I appreciate you guys letting me speak and that's
all. Thank you.
Hayek: Thank you.
Boltanova: My name is Katya Boltanova and I live in the southeast side of Iowa City and I've
been in Iowa City for over eight years now. Uh, I wanted to share a story, uh,
over the spring break I went as a chaperone with a group of high school students
out of state on a civil rights tour, and while we were in St. Louis we went to a
restaurant and smoking is allowed in St. Louis, and uh, the students asked to be
relocated to a different section of the restaurant because they did not like the smell
of smoke, and um, I'm saying this to illustrate how top-down decisions about
public health are really effective, and they do change the culture. Uh, another
example would be seatbelt laws. Um, people were opposed to those, they didn't
like 'em and look at us now? It's the culture and young people now don't think
twice and just go and buckle up. Uh, ironically also I came here from Russia and
the gentleman that was talking about Russia over there doesn't know anything
about it, because uh, there are nearly not as many bars, uh, in...in a lot of cities
there, and the town where I come from had several colleges and a large university,
and there are only five bars there, and any liquor outlets actually close down for,
uh, the duration... a few hours before, and for the entire duration of any
community events that take place, uh, where large crowds tend to gather, uh, such
as sporting events or concerts or community celebrations. So, um, top-down
decisions again really make a lot of sense, especially if they, uh, about public
health. Thank you.
Fidelis: Libris Fidelis again from downtown Iowa City, on south Dubuque Street, where
students who frequent the bars travel past us, making all kinds of noise and
causing kinds of, uh, vandalism and so forth through the night. You have to ask
yourself just who are these people who are supporting this, uh, below 21 age
effort. I remember the last public referendum where a huge number of University
students showed up and uh, got people registered to vote and opposed this, and
they published things in the newspapers and so forth, but who are these people?
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Are these truly academics...who want to have a degree and start a new life as an
adult? I have to wonder. When I was in, uh, accounting, my professor told us
you will not find any jet airline pilots, you will not find any surgeons, you will not
find any chemists, you will not find any accountants who use marijuana regularly,
who use alcohol regularly, who take recreational drugs, and I wonder why. He
said, because they won't last very long! What are these students trying to do?
Biology is not easy to take. Pre-med is not easy to take. Law studies is not easy
to take. There are so many subjects at the University that are not easy to take.
What is it about these bars that attract these students? What is it about taking
these drugs and these alcohol, uh, drinks? Is it really social? I think that if you
survey all the cartoons in the past, whether it's in Playboy or whether it's in New
Yorker or any other publication, you'll see there's one common denominator:
dropping out. Just like Timothy O'Leary said a long time ago, and a lot of people
in these universities today won't know who Timothy O'Leary is, but at any rate,
the idea is to escape reality. Is that really truly social? Is there any benefit to
that? I cannot understand how someone would want to affect their lives because
alcoholism does not just go away after the night. It's something that is acquired
and over time gets worse, and becomes more of a control factor. That means the
student cannot study. I don't understand how these students can say we need the
right to come in and drink in these bars. Now, consider one other thing, we have
a boat that has holes in the hull.
Hayek: Mr. Fidelis, you're going to have to wrap up pretty quickly.
Fidelis: Okay, I'm just finishing up. If we eliminate some of the holes, maybe the boat
won't sink. It enables us to address the other issues, but if we just have it open up
where they can come in any bar they want to and go from bar to bar, as they have,
with these bar crawls, we have the lower age where we don't restrict them. They
haven't had a chance to become adults yet because they're too young to
understand what it means to be responsible, and that's the main issue.
Shubert: Hi, my name's Alyssa Shubert and I did not plan on coming to this meeting today.
I came straight from the Library in my sweats, but...listening to what everyone
has to say...I just wanted to come up and speak because I live in the dorms and I
know what it's like, and I know there's girls on my hall who just the other week
there was a girl puking blood in her dorm, and... she didn't go out to the bars that
night because she got too drunk in the dorm, and her friends just kept her there.
They're like, okay, well, she's too drunk, she can't go out. She's puking blood and
this isn't the first time this has happened. This isn't the first time people have
gotten too drunk in the dorms to go out, you know, so...I think the idea of this 21,
raising this 21, is a good idea, like, we want people to drink less, but it's not the
age that's the huge problem here. It's the amount, and I actually like the idea, and
I know like what she said, like a lot of bars don't stop people, but when there's
someone puking blood at a bar, they'll get them help! So...that's my idea. That's
all I had to say! And, thanks for letting me speak.
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Hayek: Thank you and thank you for signing in.
Buzard: Hi, my name is Christine Buzard and I'm a student here at the University. I'm
against the 21 ordinance for many reasons, but to narrow it down, I'm, I guess it's
because I don't think it's going to accomplish what you want it to accomplish, and
it will also have many unintended consequences that I don't feel have been
voiced. It's not going to accomplish less drinking because the drinking doesn't
necessarily take place in the bars. People are drunk before they even get to the
bars, and they're not going to stop drinking. And if the bars are closed, they will
drink somewhere else. It's not that they might. It's that they're going to, because
they already do. You're not going to stop anybody from gaining access to alcohol
because it's already perfectly easy. This is also going to have unintended
consequences in safety because house parties would be spread across Iowa City,
um, our emergency vehicles, such as ambulances, are already strained trying to
serve downtown, and I don't feel that they would be able to get to people. The
Night Ride service needs to be expanded in the first place, and there's simply not
going to be enough funds to get a service like that to cover Iowa City that it's just
not going to be able to be paid for. Um, more on safety, girls will be less safe
walking home and stuff, like she...like another person said, it might cause drunk
driving and other stuff like that. There's also an economic problem here. Like
they've said, some of the bars might have to close down, but um, they already
charge cover for people that are under age, and people that are 21 don't have to
pay. People that are 21 are going to have to start paying, and they don't want that.
And the County and the City will get less money because there won't be as many
PAULAs or underage tickets. Um, if the problem is violence, I feel that keeping
us out of the bars is actually going to make there be more violence. The bars are
actually monitored more than they might seem they are. If there was a fight, it
would get broken up. If there's a fight in the basement of a house party, no one's
going to know about it. It's just going to go on. Everyone is too drunk. If
someone's getting sick from alcohol poisoning at a house party, they might just
get left in the bathroom. There...is just not enough supervision outside of the
bars. Um...just to wrap it all up, um, I feel that closing the bars to those that are
under 21 is simply passing the responsibility to people that already live in Iowa
City. It's just going to move all the activities that are downtown further across
where we already live. Thank you.
Hayek: Thank you.
Sternecky: Hi, my name is Jane Sternecky. I'm also a student at the University of Iowa. Um,
I'd like to also address kind of the safety issues. As a girl, I really do feel
uncomfortable often, even in downtown Iowa City, when I know there are a lot of
people, and the police department, scattered throughout. I still feel like we could
be a lot safer there, so I...I'm really worried about what's going to happen if this
passes and the students that were in the downtown area get scattered all across
Iowa City into random house parties. I...I'm, this troubles me because we do
already have problems with sexual assault and other issues with violence, and I
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think that given that our Police Department is already having trouble controlling
the issues downtown, it... it troubles me that it's going to be so spread out. Um,
additionally I would like to talk about the economic repercussions, well, a lot of
people have, um, I think the taxes are going to be a main issue because the way I
see it students have money to spend on alcohol, even if they are under age, and so
while they may just spend it...well, it's being spent at the bars on cover, that
money is going to go into house parties and that money isn't going to be taxed. I
know students are supposed to declare it because it's a gift or however you look at
that, but the $5 that most students spend to get into a house party is just going to
go back to other students, instead of into the economy of Iowa City and Johnson
County. So I think that that's...that's also an important consideration. Um...so I
mean most...most people already said what I...what I have to say, but I do
believe that this is a really important issue and that we need to think about other
things, rather than just punishing the students for what seems to be a problem.
Thank you.
Hayek: Thank you.
Crowley: Hello, I'm Brendan Crowley. Uh, I'm a poly-sci student at the University of Iowa.
Uh, someone asked who are these people that oppose this legislation. They're
potential registered voters, and I'm sure some of you up here are actually on here
because of the 21 ordinance, and you not saying anything about it, uh, and some
people want us to act like adults, but we are adults. We're 18. We're 18 and over.
It's ridiculous. I can go off and fight for my country, but I can't have a beer.
Whatever! That's not what we're talking about here tonight. Alcohol is a very
profitable business, and it is virtually recession proof. We are in a recession,
right? And then nobody's mentioned anything about game day. Game day has
almost nothing to do with the bars, except for maybe kegs and eggs, but I mean,
most people are out there tailgating at like 6:00 in the morning, and I've seen most
people be extremely drunk, going to there, and some people can't even get into the
stadium, so they'll go the bars and they'll drink more, but the fact is that most
people are sloshed when they go to the game. Or before the game, or when they
watch the game at home. And that has nothing to do with the bars, and that
probably is a bigger issue. Um, I think that less people will actually come here if
you get rid of the party school aspect of it. I mean, there is education and there's a
whole bunch of different cultural things, but most of those got wiped out with the
flood. I mean, there's not even a real feeder here. They have night games, but
night games happen once a month, and I know a lot of people that get drunk and
then go to night games. It will not solve drinking. And I...I'm from Illinois
originally, and I don't know why people would come here if there wasn't like a
fun atmosphere. I don't know why I should pay tens of thousands of dollars of my
money and go into debt up to my eyeballs to not have a place that's fun! I don't
know. Maybe that's just more taxpayers, more money, but whatever!
Hayek: Could you sign in, Sir?
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Fletcher: Hi, Council, thank you for giving all of us the opportunity to speak to you, to
address you about this topic. Um, I think that one thing that's been made pretty
clear tonight is...
Hayek: Could you give us your name?
Fletcher: I'm sorry, my name's Amy Fletcher, and I am a community member, as well as an
employee of the University of Iowa, and I think that one, um, theme that's been
clear over the...the past, about what people have been saying tonight is that we
certainly have a culture, um, around alcohol at the University of Iowa and in the
City of Iowa City, and I chose to live here and raise a family here. I have a 12-
year-old son and a 9-year-old son, and I'm concerned about what they see in our
environment, and what they are picking up. I know what they're picking up from
me regarding alcohol use, but I'm concerned about what they see, and I think that
many...although many of the arguments regarding our, regarding alcohol are
about what...what could happen, I think we need to address what is happening,
and we clearly have an issue, and what is happening...even many of the students
that in the stores they've talked about, this is so normal that we can't even see how
strange it is that...that these are the behaviors that...that we exhibit, and I believe
that, um, one of the factors that needs to be addressed is why people come to the
University of Iowa, and if people come to have a good time as opposed to receive
a top-notch education, then that's not necessarily what we should be interested in.
Um, thank you very much!
Meltzer: Hello, my name is Annie Meltzer. I'm a student of the University of Iowa, and
when I go downtown with my friends, um, the thing that keeps a lot of us sober is
the threat of receiving PAULAs and being spotted by the police that are around
the ped mall, on the sidewalks, in the bars, and so my proposed, um, solution to
this, rather than raising the bar age is to hire more police officers in the state of, or
in Iowa City, because not only will that create more jobs, boost the economy, it
will leave the bars alone and they can continue to gain their profits, and it will,
um, kind of instill a little fear in the underage students' minds, saying, okay, I'll go
downtown, make an appearance, see my friends, um, but I will stay sober because
I don't want to have a $400 ticket and a criminal record. So that is my opinion.
Thank you.
Hayek: Thank you.
Sonne: Hi, my name is Jeremy Sonne and uh, I actually came here without the intention
of speaking but, uh, I was just thinking while I was listening to all these
arguments that maybe the like problem solution, we're looking at it the wrong
way. Yeah, maybe if you enact a 21-ordinance drinking'll slow down, but...I
don't know, obesity is a problem in America. Should we ban McDonald's? Video
games cause violence -maybe those should be banned too. It's just where do you
draw the line? How much can you regulate every-day life before people finally
say enough? And, that's all I really have to say.
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Hayek: Thank you.
Sims: Hi, my name is, uh, Josh Sims. I'm a, uh, Iowa City resident and a law student at
the University of Iowa. Um, I think just to maybe sort of rebut a few things that a
couple of other people have, uh, claimed. I'd maybe like to say a little bit about
myself. Um, I could have gone to many...out of, I went here for undergrad as
well, um, and I'm from West Branch, so the area originally. Um, and I could have
gone many places for undergrad. I came here because, um, it does deliver a top-
notch education and because it's a, you know, I could have gotten that at Iowa
State, Drake, Marquette, any of the other places I was thinking about coming, and
I came here to be social and make connections in that way, um, and I just...it
seems there's a lot of talk about the sort of evil of the bar and people getting too
drunk and, you know, vandalizing downtown and getting in fights, and certainly
that's all things we want to prevent, um, but one, I don't feel that this ordinance is
the best way to do that for a lot of the reasons that people have said, um, and two,
I...most people that go to the bars, are not getting disgustingly drunk, are
responsible. I...went to the bars when I was underage, I went to the bars...went
to the bars when I was of age as an undergrad. I don't go the bars as much now
because I'm a law student and have asix-month-old and a wife, um, but the notion
that...people that go to the bars are all trouble makers and all...and the people
that are opposed to this ordinance are all, you know, drunks or bar employees or
underage students, um, is fallacy, um...and you know, I think that I'm evidence of
that. Thank you.
Hayek: Thank you.
Lenoch: How's it going? My name's Tom Lenoch. I'm an Iowa City resident. Um, I'm
also a bar manager for three of the bars downtown. Talked to several of you on
occasion. Um, what I want to discuss in my brief time (mumbled) right to the
point, um, yes, there's...we have recognized as bar community there's underage
problem with drinking, there's an overconsumption problem with drinking, from
all age groups -not just the 19 and 20-year-olds. Um, we as a community in
general have lowered the PAULA rates, have made attempts to control the
underage accessibility, despite what you may see in the papers, I mean, or what
you are reported. There are improvements down there, and I have been doing this
longer than pretty much any bar person, with the exception of two, uh, in this
town. Um, I grew up here, went to high school here, partied here, um, been here
my whole life. My family had a business here, Lenoch and Cilek Hardware. We
were just as much a part of the community as anybody else. Um, I chose to work
in the bar environment. I have a college degree. I graduated from the University
of Iowa in 93 with a marketing degree. I chose to use what I learned to market
my bars, to have fun, to make this town great for these...for these students. Um, I
don't chose to use my degree to get 19-year-olds drunk so they can go pass out
and ruin their lives. I am a D.J. in this town, have D.J.'d most of the...most of the
establishments that (garbled) question, name...you know, any of'em I've been a
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D.J. there. I've seen this. I've seen the effect of...these kids go out, they have
fun. Not everyone is going out to be loaded, to be wasted, to be just belligerently
drunk. There is a vast majority that go to these environments, go to these venues,
for the music, the D.J.ing, the comedy shows, the drag shows for the gay
community had a huge, um, there are other reasons these 19 and 20-year-olds go
out. It's not just to get wasted. There is...Iowa City is a great cultural area.
We've established that this evening. Um, it's also a fun environment. We have
Arts Fest, Jazz Fest, all the things the City does is great for this town. Last night,
Regenia, at the work session I...I don't want to misquote you, but this...many
towns are jealous of what we have here. They're envious of what we have in Iowa
City, and that...and the nightlife is part of that. Um, I just...I don't want to sit
here and berate you and say, you know, you don't know what you're talking about,
you guys...what we would like as a bar...as the bar community is to work with
you, to discuss this ordinance, and I think...and I can speak on most of the bar
peoples' behalf, let's...we would like you to think about this ordinance, defer the
effective date till after the general election, to let the students and the city -put it
in their hands -let them decide what do we want, you know, we've addressed this
two years ago. You've come under a lot of fire about (mumbled) two years ago,
why are you guys doing this again. Okay. Let's just let the city decide and you
guys work with us, and we are more than happy. We want to work with you! I
mean, we've done everything to get our...we can to get it down. No one's perfect.
We're not saying we're perfect. We're not saying there's not problems, but we're
asking for the opportunity to not destroy, or at least severely hurt,
the...entertainment and fun side of the college experience for sake of the
perceived public safety, which you know...is it going to be there, is it going to
make a safety issue? We don't know. Yes, but no, so I'm asking to give us as
bar...bar people a chance, and these students a chance, to, okay, you're concerned
that you... you're concerned about being 21, give them a chance to prove to you
that, okay, we can be responsible and work with the bars and let us get to that
point on our own without legislating it. Thank you.
Hayek: Thank you. Are there others who would like to address us on this item?
Shipley: Hi, my name's Jeff Shipley. I live up the street. Um, one thing I just wanted to
mention that hasn't been mentioned tonight, probably the best argument I've heard
on why this is a bad idea...idea was not mine originally, I heard this last fall, was
that if you impose this, the students will just get organized and overturn it in a
ballot referendum, and I mean, look here, you have a lot of young people that's
already looking like that's going to happen that it's going to be a big issue to
overturn this, put it on the ballot in 2010, and that's just a lot of energy that would
be going into overturning your action that could be going into constructive
alcohol safety at the bars. Um, that's it. Thanks.
Hayek: Who else would like to address us on this item?
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Altman: Hi, my name is Adam Altman, and I was a student here at the University and have
decided to stay in this town to, um, be a part of the community and I do live in
Iowa City. I'm also a bar manager. Being here for the past four or five years I've
learned a lot of things at the University. You can have fun and you can regulate
the way in which the students go down in the downtown and participate in
activities. Like Tom said, there are a lot of things here that the city offers that,
you know, house parties and those things don't offer. A lot of positive things.
And as being a bar manager, we are able to monitor the way in which the students
act and behave in the downtown scene. What I would like to see is more of a
positive relationship with the bars and the City Council, working together in order
to amend this. So I would also like to ask for you guys to think about deferring
until after the November, um, date so that we can work together and establish a
relationship that is positive instead of always coming back and forth and fighting
with each other. I would like to see us work together so we don't have to have
another referendum and a vote in November that is focused upon the wrong
things. Instead we take this time to work together. Thank you.
Hayek: Thank you. Others wishing to address us on this item?
Limkemann: Hello, my name is Skylar Limkemann. I've been a student at the University of
Iowa for two years, um, but I've served as a firefighter in my hometown for three
years. Previous to that I worked as a correctional officer for a year, and I
volunteered with two police departments for five years. I am against the 21-plus
ordinance, um, because I've been on the alcohol related fatalities, and let me tell
you, um, not being able to save someone's life, it's, um, it's a nasty feeling. I've
had...negative and positive experiences with people drinking downtown, but I
feel that if you pass this ordinance the police and the fire department is not going
to be able to handle the increase in calls because they're understaffed and they're
overworked as it already is. I think if you pass the ordinance you kind of got to
weigh what are the costs. If one person dies because a drunk driver that might not
have been on the road now, I don't think it's worth it. Please wait and continue to
work with the bars and educate students on alcohol abuse. There still are other
options. Thank you.
Hayek: Thank you. If you could sign in...I don't know if you did yet. (unable to hear,
away from mic) Okay. Anyone else?
Billmeyer: Hi, my name's Jake Billmeyer, uh, I'm a resident of Iowa City for the past seven
years now, uh, I work downtown. I'm a bar manager, as well, at a 21-only
establishment. Um, I've had the pleasure to talk with, uh, Susan Mims about this
issue earlier, a couple days ago, uh, try to get some feedback from some of you as
well. I am against the 21-ordinance for several reasons. One, I believe that
the...it's a civic duty as well at this point now. We voted on this two years ago,
uh, it was very clear and that the public won, hands down, about this issue. Uh,
several of you campaigned last fall about being anti-21. Obviously you're free to
change your mind, uh, however, a lot of us voted for you with that in mind. So,
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you're also representing us in the same...in the same respect. Uh, I think a lot of
people have addressed the issues about public safety, and I think it is... extremely
important about the localization or the spread out of the safety issue, uh, with
things in the downtown area, I understand you guys are looking as, I talked to
Councilman Mims about the diminishing the access to alcohol. Uh, I...the 21-
ordinance would be a small step, but again, these kids are going to find a way to
have access to that. I think an agreement with a majority of people that...the
safety of... of one, enforcement with the police, and two, uh, medical, uh, safety
when it's needed, uh, will not be at a great, uh, capability or resource available for
these kids. I think that that is...I just...I really hope that if this passes, that it
doesn't take some 19-year-old to die or someone to, uh, have some kind of a
sexual assault for us to be like, why do we do this, when this could have been
avoided at some kind of a local. I know a lot of the bar managers and owners
have actually provided funds to put additional police and task force on the
downtown area, uh, as some of my other managers said...downtown, and other
people have said, we would like to build a relationship with you to help continue
with ideas like this, to increase the amount of enforcement, uh, anything that we
can do -- some kind of additional alcohol safety board, uh, possible bar owners,
uh, you know, to have some kind of idea where liquor license be not renewed if
they don't apply to certain marketing or...uh, law enforcement that we see fit, just
some kind of an idea that we can continue to build a relationship, that we can
work together, proactively, instead of trying to say that we, fighting on this issue.
I think it'd be much more, uh, beneficial for everyone concerned.
Hayek: Thank you. Would anyone else like to address the Council? Okay, if there are no
further comments from the public I'm going to close the public, uh, input portion
of this. Do we want to, uh, take a break or do we want to...(several talking) okay!
All right, we will recess until, uh, 8:40 and then come back. (BREAK) Okay,
we're going to start up again. Before we proceed we need a motion to accept
correspondence.
Champion: So moved.
Wilburn: Second.
Hayek: Moved by Champion, seconded by Wilburn. Discussion? All those in favor say
aye. Opposed say nay. Motion carries. Okay, Council deliberation time.
Champion: Well, I never hesitate to start. You know, I appreciate all of you coming here
tonight, and most of you know that I've been on the Council for 12 years and I've
never been for the 21-ordinance until this year. And I think we've got some real
big problems, uh, there was a period of time when we first talked about 21, ten
years ago, that there was an organization formed with bar owners that...for a
couple years things really were going pretty smoothly. But that group disbanded,
and things have only gotten worse. Nothing has gotten better. We don't have an
alcohol culture here - we have an overindulging culture here, and I do thank the
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bar owners for this. They encourage overconsumption, with cheap drinks, uh,
huge...huge drinks that contain a tremendous amount of alcohol that are
consumed very rapidly by...by young people. Um, this bothers me a whole lot,
and I'm tired of hearing about the economy of Iowa City being damaged if we go
to 21. I'm just going to use a quote of my daughter's cause somebody emailed her
and said what is your mother doing, she's going to ruin the economy of Iowa City.
She said, well, if the economy of Iowa City is based on 19-year-olds being able to
get alcohol, then we're in even bigger trouble than we thought. I...I also think
interesting all the young people that came here to speak, none of you commented
that it was hard to get alcohol in Iowa City bars. Not one of you! In fact, you all
talked about overconsumption. I know that not every minor is overconsuming
alcohol. But we've got a big problem with violence downtown and it's not all
minors! And overindulgence isn't restricted to minors, and they're not all
students. But it is going on in excess in this community and we're starting to
suffer from it, and worse than that, the University is starting to suffer from it, and
frankly, I wouldn't be here without the University of Iowa. And I'm not about
to...to let anything happen to it. Sexual assaults also happen...don't happen in the
bars, I agree with you, although they have happened. But they happen on the way
home, they happen, um, on the streets, just like they would at a house party. This
is no guarantee that there isn't going to be sexual assault, because you can be in a
bar at 19. And not all sexual assault is minors, and I'm a firm believer that
testosterone in young men and alcohol do not mix. And when they drink to
excess it brings out bad behavior. Uh, when I grew up in Illinois, 18-year-old
women, but men had to be 21. I think it was a very good rule (laughter) um,
somebody mentioned house parties. We already have house parties. This is not
going to be a new thing. We already have them! And we try to police them, and
we're going to be hiring more policemen to police those house parties. And if
you're paying $5 to get into a house party to buy beer, that's bootlegging. That's
actually illegal. So I think there's lots of things that need to be considered here.
But I've been listening to the same story for 12 years! And I was a firm believer
that the bar owners could do something about this, and some of them have. Not
all the bar owners are totally responsible for the bad behavior downtown. But it
hasn't improved -it's gotten worse! And I think it's time that we do something
about it, and this may just be a start. I think the University will step up with more
activities. If we have some bars close, maybe those new venues will open in
there, that will be alcohol free with lots of other things going on. Um, I think we
have a community that says we're done. We're done with this behavior
downtown. My only regret is that this is not 24 hours a day. I met with some bar
owners two weeks ago, who told me that their bar wasn't a problem. And I said,
you know what, I work across the street from your bar. I'm going to tell you
about a football Saturday, when some young girl who looked like about 15 to me,
but she's probably 30, but (laughter) came out of your bar so drunk she couldn't
walk, got to the curb and fell into the street. I mentioned to my employees I was
going to go out. As I was getting ready to leave my store, the man who owned the
car in front of her came of off Iowa Avenue and did...walked in front of his car,
not behind it, and got in his car and started his engine. If he'd had to back up to
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get out of that parking space, this girl would be dead because I could not have
gotten there fast enough. So I don't want some bar owner telling me their bar is
not the problem. It's the overconsumption and the overserving, and making
alcohol cheaper than Iowa City water, which is not that cheap, but it's still cheap,
and I...I've listened to these bar owners tell me we're doing this, we're doing that,
but you know what? You're not doing it! So, this is the only recourse I have left.
We've tried everything as a Council to help this problem without keeping 19-year-
olds out of the bars, and I'm telling you right now, I'm done. I'm using the last
weapon I have, and that is 21, and I'm going to support it all the way, and if your
referendum happens to pass, you better come to me with some other ideas,
because I will bring it up again in two years, only to be 24 hours. I'm done! Did I
say too much?
Wright: No, I think you stated things very clearly, Connie, I...I appreciate, uh, a lot of
what you said there, uh, and I do appreciate a lot of the comments that we heard
tonight, um, one thing I...I did want to bring up. We had a couple folks talk
about the issue of, uh, drunken driving and I want to mention that Iowa City is a
magnet for underage drinkers from other communities, who drive here from
Davenport, from Des Moines, from Ames, from all over the state, from western
Illinois, even up from Missouri. We're that well known as a place you can get
hammered really easily when you're under age. That's not a good reputation, and
that's not a good thing. A lot of these folks are coming to Iowa City, they're
drinking to excess, and then they're trying to drive home. And that's really, really
dangerous. It scares me to death when I think about that. They don't all stay here.
Uh, we talked about house parties, um, I think house parties...the house party
threat is a red herring, frankly. Uh, I was the President of the Northside
Neighborhood Association before I was on City Council. By the way, when I ran
for City Council in 2007 I was always pro-21 at that point and pretty up front
about it. Uh, as President of the Northside Neighborhood Association I know
from house parties. The neighborhood knows how to deal with house parties. We
will be hiring more police officers, uh, I don't believe house parties are going to
be a threat. We're going to deal with them as they occur. If there's an uptick, you
watch, there'll also be a pretty quick downtick in the number of house parties that
we see in Iowa City. Um, the police have made very clear that they're ready,
willing, and able to nip any problems along that line in the bud. Uh, and I need
to, uh, to really echo Connie's comment, uh, the City of Iowa City and, uh, the bar
community, for lack of a better term, have talked and talked and tried various
things, and nothing has really worked. We have a problem that's gotten, um,
gradually worse. We don't have too many options left. I think 21 is going to be,
uh, a game changer for starting to, uh, adjust the type of culture that we have here
in Iowa City and surrounding the, particularly the issue of underage drinking, um,
it's established that there is a problem at the University with binge and underage
drinking. It's a serious health problem. It's a serious social problem. We as a
City Council are charged to look out for the, uh, health, safety, and welfare of the
entire community, and for those reasons I will be supporting 21-only now. I will
support it...until it's firmly entrenched, or I'm firmly six feet under.
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Champion: (mumbled)
Wilburn: Well I want to thank everybody for coming down, um...my tenth year on Council
here and uh, multiple conversations related to alcohol. It's not difficult to find
someone who doesn't have an opinion on issues related to alcohol and... frankly
when you're sitting here on Council, when you have the responsibility and you are
serving, and part of that is, um, dealing with the, uh, problematic behaviors. And,
um, I don't recall a discussion that...this is probably the most civil discussion, uh,
sitting up here that I've heard related to alcohol so I want to thank all parties who
came up and addressed, uh, everyone has strong opinions, um, and uh, you know,
and I have my opinions and in my ten years on Council I've been supportive of
the legal age, as well as supportive of multiple...avenues that we use to address
problem behaviors related to alcohol, for all ages. Um, changing to the legal age
is the issue for tonight, but um, those of you who are, um, joining the
conversation now because you...you're new to the community, and we appreciate
your input, um, but just kind of for a historical perspective, uh, a lot of the things
that you take common place now, uh, the increased citation for an individual, the
fines for, uh, a bar in terms of providing, uh, the ease of access to alcohol, uh,
those have been a result of multiple conversations over the past ten years that I've
been on Council, so um, and...and I've been sitting right across...on the opposite
side of Connie. Uh, related to this, so I will attest to you that, uh, you know,
when you're sitting here and you're charged by the State, not only for dealing with
the, uh, state law of being 21, uh, to drink, the legal age, uh, but being a member
of the community, as you are too, but having the responsibility of dealing with,
um, you know, the...the violence, the vandalism, the assaults, the sexual assaults
that occur, in both settings -downtown and out in the community -and those for
every, uh, unfortunate issue, I don't remember if the young woman's here that had
the bad experience in the residence halls, uh, but for every example that we have
that we have similar examples, uh, that each of us...I've witnessed those in the
downtown area myself, uh, and Connie already alluded to one that she saw.
Um...you know I think some of the stronger reasons that I have been supportive
of the legal age as one of the many, uh, avenues that we can try, but as a matter of
fact the only avenue that we haven't tried, um, is the issue of, uh, people coming
to town that are under the legal age to drink because of the ease of access. Uh, in
some ways many of you that aren't of legal age, or are advocating on someone
who's not of legal age, uh, you're asking for us to allow something they can't do in
their own communities. Some of which have universities, college universities,
uh, and so those are communities that don't have to deal with...with, uh, some of
those, um, probably here to the level that we have to (garbled) and that's I think
the overriding thing is the depth, the breadth of... of, uh, the issues, um, and so uh,
this is, again, the one, um, avenue that, uh, there's been reluctance to try, um... and
there's been some creative things that, you know, have been put out there that just
haven't, uh, you know, I remember one of the first discussions we had, uh,
someone here mentioned tonight that, uh, you know, I can fight for my country, I
can, you know, Iowa law's full of different ages of legal age, so it's not, uh, just
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18's not the magic number. In fact the one issue I put out back then and one of
the first things was I said, well, we can put an exemption in, so that if you show
your military I.D. that you can get in, but no one seemed to...I doubt that those
folks were really willing to step up to go sign up for the military. Uh, and having
served in the military myself. Um, I appreciate the bar owners that, and
managers, that have shown up tonight and appre...I believe you're genuine in
your expressing your willingness to address the issue. Um, there have been three
different compilations of, uh, essentially alcohol committees, joint efforts with us,
the City, the University and the, uh, and some of the, uh, ideas that came up, you
know, are ones that we actually have implemented, but uh, some of the others
who are not represented here, uh, (mumbled) came up was, you know, holding the
liquor license, holding accountable, uh, you know if they are overconsume...well,
we've...we've struggled and had bar owners here saying we can control this; fine
the ones who don't, and then they, uh, take us...take it to court, go to the Alcohol
Commission saying well, you know, we're not responsible for what happens
immediately outside of our bar. You can't have it both ways, and when you're
sitting here in a...in a role where you are responsible for, um, dealing with the
consequences of people choosing problematic behavior related to alcohol, um,
you know, you, um, I guess it's bottom line, you know, you may or may not agree
with the concept or the notion that, um, cultural values can be influenced by
legislation, or that problem behavior, uh, can or cannot be controlled, you may
disagree with that, but in my mind, in terms of the ease of, uh, alcohol and the
problems that we see in the community, uh, we just don't have to sanction it, and
right now the community's been sanctioning it for years, and as a representative
here on the Council, um, it's my opinion, and I feel my responsibility, to not
sanction it and that's why I support the legal age.
Hayek: I guess I'll speak up, um, I...I, as Mayor thank all of you for a civil discussion.
Um, I want to echo those comments. I...I have come to support 21, uh, during
my time on Council. I think the last decade has shown us that the numerous
piecemeal attempts that the City, um, has made to curb underage and binge
drinking in this community have...have been largely ineffective, and routinely
resisted by those who benefit from a continuation of the status quo. Um, this is
not about legal drinking age. That is an issue for the State and federal authorities
to decide. Um, Iowa City has no impact on that. Uh, for me this is an issue of
underage drinking in bars. Um, we know it occurs. Um, we have tried so many
things over the last decade to address this. We have formed task forces. We have
formed partnerships. We have increased enforcement. We have increased
penalties. We have increased the scrutiny that the City, uh, applies to the renewal
of liquor licenses. We've looked at zoning options. We've looked at drink
specials. We've done so many things, um, and in fact we have been sued over our
efforts to combat this. Um, the amount of time and energy that, uh, the City
Council, but in particular our staff, whether you're talking about the Police
Department, our Legal Department, or other departments that are involved in
alcohol-related issues, put in on this subject, is astounding. Um, and it's my
opinion that so long as we don't change our bar entry age to be consistent with the
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legal drinking age we will operate within a fiction that suggests that young people
don't go to bars to drink. It's that simple. The second, um, compelling reason for
me has to do with binge drinking. Um, cities protect public health all the time.
It's...it's one of our primary charges. Whether you're talking about the quality of
our water, or the speed limits we impose, or the building codes we adopt, it's...it's
part of what cities do. And with respect to young people and alcohol in this
community, uh, the public health data we get are heartbreaking, um, U of I
undergrads...binge drink at more than twice the national average, 70% regularly
binge drink. Um, we know that underage drinkers get more intoxicated than legal
age drinkers. For the City this translates into public intoxication and other
criminal offenses, problems downtown, that sort of thing. For the individuals
involved, for the rest of the community, and for the University, the consequences
are...are incredibly severe. Um, this is not going to solve these problems. Um
but the data show that reducing access does help, and that's the point of this. Um,
and so I conclude that this is a logical and necessary step for the City to take at
this time.
Mims: My first involvement with this was probably about three or four years ago when,
uh, community committee, task force was formed and I was asked to be on it.
Um, basically as a parent representative, um, lived here in Iowa City for 32 years,
raised four children, um, and there were about eight or ten of us on that task force,
and had a lot of people come in and address us on the issue of alcohol in Iowa
City, and one of the things that we kept hearing most, and these are from people
who had looked at the studies and looked at the research, etc., was as other people
have mentioned, accessibility, being one of the biggest issues. Now, again, I don't
think none of us up here are naive enough, nor any of you there, to think that this
is going to solve the problem. It is simply one piece of a much bigger problem,
and this is one...one step that we can take to start addressing it. Yes, they can
still go to the...the other venues and, you know, somebody buys it for them,
brings it out, whatever, but I think we have to do what we...what is available to us
to do. Um, Connie and Mike and Ross have certainly talked about what they have
seen, particularly Ross and Connie with the years they've sat up here on the
Council, and you know, what has been attempted and their frustration at things
not, um, getting as much... getting better the way they would like to have seen it.
So to me it's, one is about the accessibility. It, again, it's one of those last things
that we can do. So many other things have been tried. Um, when I campaigned,
I'll just address this because it's been kind of interesting. A couple comments
were made tonight, and Terry and I were talking that as we campaigned last fall,
um, we were asked about the 21 and I was very candid that I had been on this
committee, the committee supported 21, we brought it to the Council, asked the
Council to approve it at that time, the Council did not want to take action, and it
went to a public vote. As I was campaigning, I was very candid that I supported
21, but I wasn't bringing it up, and I didn't expect it to be coming up, and said,
you know, I don't see the point in bringing it up because I think we'll probably be
back to a referendum. Well, the fact of the matter is it has been brought up, and
as a City Council Member, it is my obligation to take a position since it is in front
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of us, and I supported it before, and I continue to support it. I hope one of the
opportunities that this will also provide, uh, is an opportunity for other non-
alcohol related venues to have an opportunity for success. Um, as some people
have looked at business opportunities in town to do things, they basically have
either tried and failed, or not even tried because they've looked at the things and
said all the kids want to do is go to the bars. And as long as they can get into the
bars, we don't stand a chance. I hope this will...will open up some opportunities
for some entrepreneurs to take advantage of, in a positive way, 19 and 20-year-
olds who are looking for activities, looking for social outlets, things to do, um I'm
also excited about the fact that the University has really stepped up on this, in
terms of supporting this, and looking at stepping up their, uh, options for students
in terms of late night activities, as well, and hope that will continue to increase.
Another point that has been mentioned, and this I think is of huge concern and
really amplifies the problem that we have here is the fact that we are a destination
community. We will always be a destination to a certain extent because we are a
Big Ten university town. And whether it's game day, or even the other days, yes,
we will have people come here because we're a university town, and a Big Ten
university, but allowing underage people into the bars increases the aspect of it as
being a destination. Um, just in the last two or three days, I...I ran into one of the
Iowa City police officers out in the community who happens to be a friend and we
were talking about this, and he said to me he said, they come in by the busloads.
They come in and drop them off by the busloads. Not every weekend, but it's not
at all uncommon. He said we are a destination for bachelor parties, for
bachelorette parties, they come in by the busload, and to think that we are such an
attractive destination that we are bringing them in in that, in those numbers, and
particularly people who are coming specifically to either drink underage or binge
drink, I think anything that we can do to diminish our attractiveness to that kind of
behavior, uh, we need to do, and as people here have spoken, um, a lot of things
have been tried, and a lot of people feel like this is the last thing that we can do,
and as I supported it three or four years ago, I didn't campaign on it, it's in front of
us now. I will support it. Thank you.
Dickens: I also will support it. It's a very tough decision for me. I've been downtown for
35 years. I've seen a lot of places come and go, uh, I think we need to be very
proactive about this, not reactive. There's a lot of things that we can do. I feel
like if we pass this we are moving ahead with the three readings to make sure that
there is the opportunity to vote for it this fall. Uh, we could have delayed it and it
could have been in effect for a year and a half. I think there's been some great
ideas come from this. I've received, we've received letters. I've talked to people
about phasing it in over atwo-year period, going to 20 (garbled) 21 so there's a
chance for the people that had been in this culture to work their way out,
not...maybe it's a good idea, maybe not the best, I like it (mumbled) ordinances.
I'm willing to work once, if this gets passed, which I think it will, to...to have
venue...venue ordinances where we can have exemptions so that there can be still
music. I think music is an incredible part of our town. I've always said even bad
live music is good, and I love music. I'm...I want to see that continue here. Uh,
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had a customer in today come in and she said she was, uh, one of her daughters
went to school at midnight, and they kept the alcohol off, and it just became
dancing. There was no alcohol involved. That there was no more selling and
they would remove the alcohol, so there's options out there. People are thinking,
uh, USA Today said we were the smartest city in the city a few, or in the country,
a few years ago. We need to put all those great minds together and see what we
can do to make this work for everyone cause I've always been a person that felt
that...there's always room for compromise, but I think the 21 needs to go in as
another tool, if we can help save some people.
Bailey: We have a drinking problem in Iowa City, yes. Do we have a drinking problem in
our culture? Yes, we do, um, and I define that a little bit differently than I've
heard it defined here tonight, um, I...I define it as irresponsible drinking, which I
believe knows really no age, I mean, it could be the irresponsible drinking of an
adult or binging or whatever you want to call it, it can be irresponsible drinking in
the fact that you're drinking illegally, that is to say under the legal age. Um,
and...and all kinds of behavior that results from that. It's...it's problematic. And
I've always believed that we all in community have a role to play in addressing
problems in a community. Um, and I wouldn't call what the City has done
piecemeal. I've been very proud of what we've done, because I think what we've
done as a city, as a government, links to our core competencies. I believe, and
these are fundamental beliefs, and that's where my position on this issue comes
from, that the role, the critical roles of local government are land use,
enforcement, um, sure, we address public health and safety, but I think
fundamentally in a provision of safe, adequate infrastructure, we address public
safety, um, public health we don't necessarily address by class, but broadly for the
entire community. So, I think we've played our role, and I think we've played it
very well, and I was proud of the zoning ordinance that we passed. 1 think that,
yeah, it'll take time, but I think it's a good idea. And I've been proud of our
stepped up enforcement. I've been, um, less impressed with some of the roles that
the other sectors, other players, have...have played in addressing this issue, but
you know, it takes time for people to step up, and I'm confident that...that people
will play their role in addressing this irresponsible drinking culture that we have.
Um, so I think we've done what we're called upon to do, and I don't think the local
government should play the role of, I guess I call it uber-parents. I don't...I think
a lot of this discussion tonight, to me, has been frankly paternalistic. We're
talking about adults. I mean, we're talking about 18, 19, and 20-year-olds. We're
the smartest city in the country, I think much of that is due to the brain power of
our 18, 19, and 20-year-olds, and I think we discount that often. I think that by
making such an ordinance, it's similar to the curfew ordinance, to me. I do not
assume that a class of people, just because there are some bad apples within that
class of people, I do not assume that entire class deserves to be addressed in a
specific way. There's behavior that's inappropriate. It's frankly illegal. We
should address those behaviors. Now, I don't know where I come down. I also
believe that you should carry a PAULA with you for the rest of your life, because
part of being an adult is taking it...accepting responsibility for when you do make
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a mistake. But, let's address behavior. I think that that's what making laws
and...and governing is about. Not addressing a class of people that we're
trying...that we make assumptions about. I think it's disappointing to hear that
bars are only places to go and get completely drunk and to drink. Um, there are
certainly places to socialize. One of the things that I do know about 18, 19, and
20-year-olds, um, and 24-year-olds and that age group is they're very, very social,
and these are social establishments, and I think that we discount the intent and the
goodwill of those people who frequent those establishments by calling them just
drinking establishments. If we were addressing in some positive way that
addressed our core competencies, the irresponsible drinking issue that we have in
this community, I could fully support it. But this focuses in a way, um, on a age
group. I don't think it will address the issue. If we begin to make laws to restrict
access to temptation, which is what I've heard this described as, we're going to
have our work cut out for us. There will be no lonely stretches of the highway
where I can drive 10, 15 miles over the speed limit. There will be lots of things
that we would have to restrict access to, because the temptation is just too great.
We must assume that. So, I think that that's a problematic argument. Um, and I
come back to the fact that community members have...have been really clear and
that we should work together with these young adults to figure out what the
answer is. It is problematic that we have a culture of overindulgence. And quite
frankly, it's a little sad to me to think that it's a sport or a hobby to go out and get
completely wasted night after night after night. I frankly don't understand it. I
know it happens, but I know not every 19-year-old lives like that. So, um, I won't
be supporting this. I've been consistent on this issue. I don't think it's the way to
address it. I think it's divisive for our community. I think it's appealing because it
will feel like we've done something, and then we'll stop working on it. And um,
even if we have had to continue to work on it, we won't. We'll feel like we did
something meaningful, and the problem will continue. We don't do a great job of
addressing house parties. That will fall by the wayside. Those won't be
addressed. We won't address the downtown culture. This will just go away
because we can check it off the list because we've gone 21. So, I'll be the one
vote against this ordinance, and I'll be a proud vote against this ordinance because
it's simply wrong.
Hayek: Any further discussion? Roll call, please. Item passes 6-1, Bailey in the negative.
Okay, uh, and the...just for the public's information, the, uh, second consideration
will occur next Monday, March 29, at 8:00 P.M. in this room. We invite you to
attend. (unable to hear person away from mic)
Karr: Yes, at this point. Yes.
Hayek: Okay. Okay.
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ITEM 25. CITY COUNCIL INFORMATION.
Hayek: Ms. Mims? (several talking)
Bailey: I did want to point out that those comments about the Joint Emergency
Communication Center from Mike were coming from the expert, the new chair, of
the policy board, and maybe Mike is too modest to say as much, but he was
elected at the last meeting, and uh, he will be chair as we get up and running. So
he has, um...(both talking) cut out for him but I'm glad he...you're doing that.
Wright: Thank you.
Hayek: Congrats!
Dickens: (mumbled) time...can push the Shelter House is having a fundraiser this Saturday
night and Sunday, uh, invite you all to go to that. Tickets are $12. You can buy
those at West Bank, and the money is going to the, uh, fund drive to build Shelter
House.
Champion: (away from mic) (both talking)
Hayek: Anything else? City Manager?
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ITEM 26. CITY ADMINISTRATION.
Helling: I do have one quick thing, um, you've received a few emails anyway from people
suggesting that the, uh, that the City be involved in an application for the Google
experiment, and uh, I just wanted to let you know that we have...we are
• coordinating with other communities in the area, and uh, Kris Ackerson from
JCCOG is putting together an application on behalf of the community, and that
will be submitted by the deadline, which is this Friday, uh, there's a web site that
if you want to learn more about it, it's www.icabc.or~ and uh you can go to that
web site and...and learn more about the application and...and the experiment
itself. We are one of about a million different, uh, communities (several talking)
Fosse: Nothing.
Hayek: City Attorney? Clerk? Entertain a motion to adjourn.
Wilburn: So moved.
Wright: Second.
Hayek: Moved by Wilburn, seconded by Wright. Discussion? All those in favor say aye.
Opposed say nay. We are adjourned. (bangs gavel)
This represents only a reasonably accurate transcription of the special formal Iowa City
City Council meeting of March 23, 2010.