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2010-03-23 Ordinance
.~,-j. Prepared by: Jacob Rosenberg, Planning Intern, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5231 (REZ09-00011) ORDINANCE NO. 10-4385 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) WHEREAS, the applicant, Dealer Properties IC, LLC, has requested a rezoning of property located at Mormon Trek Boulevard, south of Eagle View Drive from Commercial Office (CO-1) to Intensive Commercial (CI-1 ); and WHEREAS, the Comprehensive Plan indicates that the area is appropriate for intensive commercial development; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for landscape buffering and lighting restrictions; and WHEREAS, Iowa Code §414.5 (2009) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional. Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Commercial Office to Intensive Commercial: LEGAL DESCRIPTION Commencing at the East Quarter Corner of Section 20, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S00'08'54"W, along the East Line of the Southeast Quarter of said Section 20, a distance of 485.52 feet, to the Point of Beginning; Thence continuing S00'08'54"W, along said East Line 585.37 feet, to its intersection with the Northeasterly Right-of-way Line of Mormon Trek Boulevard; Thence Northwesterly, 710.98 feet, along said Northeasterly Right-of-way Line and a 1750.00 foot radius curve, concave Northeasterly, whose 706.10 foot chord bears N52'00'04"W; Thence N02'44'08"E, along said Northeasterly Right-of-way Line, 47.76 feet, to a point on the Southerly Right-of-way Line of Eagle View Drive; Thence N50'37'23"E, along the Southerly Right-of-way Line 38.38 feet; Thence Northeasterly, 312.12 feet, along said Southerly Right-of-way Line on a 467.00 foot radius curve, concave Southeasterly, whose 306.34 foot chord bears N71'03'41 "E; Thence S89'47'31' E, along said Southerly Right-of-way Line, 181.27 feet; Thence S47'34'07"E, along said Southerly Right-of-way Line 29.76 feet; Thence S89'51'06E, along said Southerly Right- of-way Line, 33.00 feet, to the Point of Beginning. Said tract of land contains 5.05 acres, more or less, and is subject to easements and restrictions of record. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. Ordinance No. 10-4385 Page 2 SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided bylaw. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided bylaw. Passed and approved this 23rd day of March , 20 10 MAYOR ATTEST: CLERK Approved by ~~~(;~n fir- d~~1~'ywwti~~i=~~ ~l!i~-~r-~ City Attorney's Office ~f a ~ ~ ~~ Ordinance No. 10-4385 Page 3 It was moved by Wilburn and seconded by Mims that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek g Mims g Wilburn x Wright First Consideration 3 / 2 / 2010 Vote for passage: AYES: Champion, Dickens, Hayek, Mims, Wilburn, Bailey. NAYS:Wrigr ABSENT: None. Second Consideration - Vote for passage: Date published 3/31/2010 Moved by Wilburn, seconded by Champion, that the~ule requiring ordinances to 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, the second consideration and vote be waived and the ordinance be voted upon of final passage at this time. AYES: Champion, Dickens, Hayek, Mims, Wilburn Bailey. NAYS: Wright. ABSENT:. None. Prepared by: Jacob Rosenberg PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ09-00011) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and ILJ Investments, Inc (hereinafter "Owner"); and Dealer Properties IC, LLC (hereinafter "Applicant"); WHEREAS, Owner is the legal title holder of approximately 5.05 acres of property located at Mormon Trek Boulevard, south of Eagle View Drive; and WHEREAS, the Applicant with the Owner's consent has requested the rezoning of said property from Commercial Office (CO-1) to Intensive Commercial (CI-1); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding landscape screening, buffering, and lighting, the zoning is in conformance with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2009) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for neighborhood compatibility; and WHEREAS, the Owner and Applicant agree to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. ILJ Investments, Inc. is the legal title holder of the property legally described as follows: Commencing at the East Quarter Corner of Section 20, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S00'08'54"W, along the East Line of the Southeast Quarter of said Section 20, a distance of 485.52 feet, to the Point of Beginning; Thence continuing S00'08'54"W, along said East Line 585.37 feet, to its intersection with the Northeasterly Right-of-way Line of Mormon Trek Boulevard; Thence Northwesterly, 710.98 feet, along said Northeasterly Right-of-way Line and a 1750.00 foot radius curve, concave Northeasterly, whose 706.10 foot chord bears N52'00'04"W; Thence N02'44'08"E, along said Northeasterly Right-of-way Line,47.76 feet, to a point on the Southerly Right-of-way Line of Eagle View Drive; Thence N50'37'23"E, along the Southerly Right-of-way Line 38.38 feet; Thence Northeasterly, 312.12 feet, along said Southerly Right-of-way Line on a 467.00 foot radius curve, concave Southeasterly, whose 306.34 foot chord bears N71'03'41 "E; Thence S89'47'31 "E, along said Southerly Right-of-way Line, 181.27 feet; Thence S47'34'07"E, along said Southerly Right-of-way Line 29.76 feet; Thence S89'51'06E, along said Southerly Right-of-way Line, 33.00 feet, to the Point of Beginning. Said tract of land contains 5.05 acres, more or less, and is subject to easements and restrictions of record. ppdadmlagt/REZ0900011 Conditional Zoning Agreement%SB1%SD.doc 2. The Owner and Applicant acknowledge that the City wishes to ensure conformance with the principles of the Comprehensive Plan and South Central District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2009) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to alt other requirements of the zoning chapter, as well as the following conditions: a. A 20 foot wide buffer landscaped to the S3 standard, as defined by the Iowa City Zoning Code, and including a mix of evergreen and deciduous trees planted to the specifications of the City Forester, to run along the north 256 feet of the east property line. b. All exterior lighting shall be mounted at a height not to exceed 30 feet above grade. 4. The Owner and Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2009), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner, Applicant, and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform to the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this23 . ~. day of March , 20 10 CITY OF IOWA CITY Matthew J. Hayek, M or By: ILJ Investm nts, Ins ppdadm/agt/RF109~00011 Conditional Zoning Agreement%581 %SD.doc 2 Attest: ~~~~J Marian K. Karr, City Clerk Approved by: ~~~ - ~~ City Attorney's Office 3 /af~~ CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) ~, ~~ ~~~ __ _-~ By: Dealer Properties IC, LLC On this 2'~ day of MEatzcFt- A.D. 20_x, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ,~'~s SONDRAE FORT ~ ~~ c ~ Commission Number 159791 ? My Commissi2o~ Rires Notary Public in and for the State of Iowa iow ~ My commission expires: 3l ~/moo/ ~ ILJ INVESTMENTS, INC. ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this day of , 20_, by ~U%~„- lc ;Sc h ~ ~ r'~~ z ~ (name) as arcs ~a~.,+ ~ S«~-~-f~;_~title) of ILJ Investments, Inc. /' I M(~/~ a OVrI/' "~ l Notary Public in d for the State Iowa ~+ CYNTHIA J. MARKER Commission Number 225958 • 1 ~. - I~S~~ was ppdadm/agUREZ09.00011 Conditional Zoning Agreement°65B1%5D.doc 3 DEALER PROPERTIES IC, L.L.C. ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on this _.~ day of ~_, 2010, by ~a v ~ d i2. R; t I; on (name) as Mon aai nG /~ ~mbtr (title) of Dealer Properties IC, LLC. ,~ `aF CAROLYN S. NOGGINS ~ + Commission Number 733643 My Commission Expires owe March 25, 2011 ire Notary Pu lic in and for the State of Iowa My commission expires: ~ • -~ S • 1 I ppdadMagt/REZO&00011 Conditional Zoning Agreement%5B1%5D.doc 4 To: City Clerk of Iowa City From: David Larsen Subject: Rezoning of Lot 1 and Lot 2 J1R Davis Third Addition Iowa City, Iowa Date: March 15, 2010 To whom it may concern: On behalf of the applicant, Dealers Properties IC, LLC, this is our request to expedite the considered rezoning of the above mentioned subdivision from CO-1 to CI-1. It is our request to consolidate the readings by the City to as few readings as possible. We request the last reading to be March 23, 2010. T nk yo ~r you c nsideration David Larsen' ;~ 1~ Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 11, ENTITLED "FARMER'S MARKET," AND TITLE 4, ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER 5, ENTITLED "PROHIBITIONS AND RESTRICTIONS," TO ALLOW THE FARMERS MARKET TO TAKE PLACE ON WASHINGTON STREET AND TO ALLOW THE SALE AND CONSUMPTION OF ALCOHOL AT THE FARMERS MARKET. WHEREAS, the Farmers Market presently is limited to vendors selling their products in Chauncey Swan parking ramp and Chauncey Swan Park; WHEREAS, vendors and others are interested in expanding the Farmers Market to Washington Street; WHEREAS, vendors and others are interested in allowing customers to buy and sample alcoholic beverages at the Farmers Market; and WHEREAS, it is in the City's interest to permit the Farmers Market to take place on Washington Street and to allow the sale and consumption at the Farmers Market. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 4, entitled "Alcoholic Beverages," Chapter 5 entitled "Prohibitions and Restrictions," Section 3, entitled "Consumption or Possession in Public Places and City Buildings," is hereby amended by deleting Subsection A and inserting in lieu thereof the following new Subsection A: It shall be unlawful for any persons to consume or drink any alcoholic beverages on any public street, ground, highway, sidewalk, alley, or public right of way in the city, except at the Farmers Market or if said person has purchased said alcoholic beverage from an "authorized entity", and is on an "authorized site", as those terms are defined in this section. A person shall not use or consume alcoholic beverages in any public place within the city, except premises covered by a license or permit, and when applicable a public right of way easement agreement. 2. Title 4, entitled "Alcoholic Beverages," Chapter 5 entitled "Prohibitions and Restrictions," Section 3, entitled "Consumption or Possession in Public Places and City Buildings," is hereby amended by deleting Subsection B and inserting in lieu thereof the following new Subsection B: A person shall not consume or possess an alcoholic beverage in a city park, except if said person has purchased said alcoholic beverage from an "authorized entity", and is on an "authorized site", as those terms are defined in this section. This subsection shall not apply to property within a city park that is leased to another entity for 99 years or more or the Farmers Market. 3. Title 4, entitled "Alcoholic Beverages," Chapter 5 entitled "Prohibitions and Restrictions," Section 5, entitled "Open Containers," is hereby amended by deleting Subsection B and inserting in lieu thereof the following new Subsection B: Possession Prohibited: It shall be unlawful for any persons to possess any open or unsealed bottle, can, jar or other receptacle containing an alcoholic beverage on any public street, ground, highway, sidewalk, alley, or public right of way in the city, except if said person has purchased said alcoholic beverage from an "authorized entity", and is on an "authorized site", as defined in this chapter. A person shall not possess any open or unsealed bottle, can, jar or other receptacle containing an alcoholic beverage in any public place within the city, except premises covered by a license or permit, and when applicable a public right of way easement agreement. This subsection shall not apply to the Farmers Market. 4. Title 10, entitled "Use of Public Ways and Property," Chapter 11, entitled "Farmers Market," Section 1, entitled "Definitions," is hereby amended by deleting the definitions of Farmers Market, Farmers Market Vendor, Grilling Site, and Stall and inserting the following new definitions: FARMERS MARKET: An open air market sponsored by the city that is intended to provide an opportunity for individuals to sell permitted items that are grown or produced by them, which conform to all applicable city, county and state health and safety provision, including state department of agriculture regulations. GRILLING SITE: A location designated by the director that a grilling vendor is authorized to occupy in order to prepare and sell items consistent with the provisions of this chapter. STALL: A space designated by the director that a farmers' market vendor is authorized to occupy in order to sell items consistent with the provisions of this chapter. 5. Title 10, entitled "Use of Public Ways and Property," Chapter 11, entitled "Farmers Market," Section 3, entitled "Standards for Granting or Denying Authorization," is hereby amended by adding the following new Subsection F: If the person intends to sell alcohol, the person has obtained all necessary permits and licenses from the State of Iowa. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2010. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 3/2/2010 Vote for passage: AYES: Wright, Bailey, Champion, Dickens, Hayek, Mims, Wilburn. NAYS: None. ABSENT: None. Second Consideration 3 / 23 / 2010 Vote for passageAYES: Mims, Wilburn, Wright, Bailey, Champion, Dickens, Hayek. NAYS: None. ABSENT: None. Date published 14 Marian Karr ............................ From: Kathryn Johansen Sent: Thursday, March 11, 2010 8:40 AM To: "City Council Subject: FW: Alcohol Sales During Farmers Markets __ _ _ __ _ _ From: Tammy Neumann Sent: Thursday, March 11, 2010 8:26 AM To: 'cassie@firesidewinery.com' Cc: Kathryn Johansen Subject: FW: Alcohol Sales During Farmers Markets Cassie, Your email was forwarded to me by the City Manager's Office. At this point the sale and sampling of wine at the Farmer's Market requires and ordinance change. As such, it has to go before the Council three times. It has gone once already and so far so good ... so keeping my fingers crossed. Another part of this ordinance is to allow us to expand our market, which is currently held inside a parking ramp, out onto East Washington St. We need these stalls to allow for more vendors as we are full inside the ramp. This will bring our total vendors to approximately 140. So, having said that, if all is approved, I would love to talk to you about vending at our market. We have also been approached by Cedar Ridge Vineyard and Winneshiek Wildberry Winery. This would be our Saturday morning markets. Our Saturday markets run from 7:30 a.m. to 12 p.m., May 1 through October 30. The fee for a season stall is $243 which breaks down to $9 a week for 27 weeks or a part-time stall is $11 each time you attend. Please feel free to call me anytime to discuss further. Thanks for your interest in our market! Tammy Tammy .Neumann Iowa City ~t?arks c37, ~,ecreation Dept. ~F'armers .Market Coordinator/Administrative Secretary 319-356-5210 rFaX; 319-356-5487 _._ _ _ __ _ ___ From: Kathryn Johansen Sent: Thursday, March 11, 2010 8:12 AM To: Tammy Neumann Subject: FW: Alcohol Sales During Farmers Markets Hi Tammy, The following email was sent to City Council. Would you please respond to Ms. Bott and cc City council on your reply? Thank you, Kathi 3/11/2010 Page 2 of 2 From: Cassie Bott [mailto:cassie@firesidewinery.com] Sent: Wednesday, March 10, 2010 4:52 PM To: Council Subject: Alcohol Sales During Farmers Markets Hello: I had read the paper last month that the council was considering allowing local wineries to sell wine at the farmers markets. Can you tell me if a decision has been made on the subject? We would be interested in being a vendor if we were allowed to do so. Thanks, Cassie Bott Fireside Winery 3/11/2010 A t t / . S.~y rn~ '~~-1.`~ Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. 10-4386 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. WHEREAS, regulating the public right-of-way by commercial businesses ensures the safe movement of pedestrians and fair commercial use of the right-of-way; WHEREAS, section 10-3-5 presently provides that the City may issue six permits for mobile vending in city plaza and two permits on Iowa Avenue and requires specified hours of operation; WHEREAS, vendors prefer to be located on city plaza because there is more "foot traffic" than on Iowa Avenue; WHEREAS, decreasing the minimum hours of operation allows vendors more flexibility in operating their businesses; and WHEREAS, it is in the City's interest to increase the vendors in city plaza and to decrease the minimum hours requirement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 5, entitled "Use by Mobile Vendors," is hereby amended by deleting Subsection A, Paragraph 2a in its entirety and by substituting in its place the following new paragraph: No more than eight (8) permits shall be issued each calendar year. All permits shall be issued for city plaza except that up to two (2) permits may be issued for the 100, 200, and 300 blocks of Iowa Avenue. 2. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 5, entitled "Use by Mobile Vendors," is hereby amended by deleting Subsection A, Paragraph 2c in its entirety and by substituting in its place the following new paragraph: At a minimum, mobile vendors shall operate from May 1 to October 1 from eleven o'clock (11:00) A.M. to two o'clock (2:00) P.M. Monday through Friday. 3. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 5, entitled "Use by Mobile Vendors," is hereby amended by is hereby amended by deleting Subsection A, Paragraph 21 in its entirety. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 23rd day of March , 2010. MAYO~~ ~_ ATTEST: //ll~2t~u~ X' • i'F;~iL/ CITY LERK Approved by City Attorney's Office Ordinance No. 10-4386 Page 2 It was moved by Wilburn and seconded by Wright that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey x Champion x Dickens g Hayek x Mims ~_ Wilburn g Wright First Consideration 3 / 2 / 2010 Vote for passage: AYES: Champion, Dickens, Hayek, Mims, Wilburn,Wright, Bailey. NAYS: None. ABSENT: None. Second Consideration ---------------- Vote for passage: Date published 3/31/2010 Moved by Wilburn, seconded by Bailey, that the rule requiring ordinances to 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 the second.=~.~~consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Wright, Bailey, Champion, Dickens, Hayek, Mims, Wilburn. NAYS: None. ABSENT: None. -~a Prepared by Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 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 "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. WHEREAS, the "legal age" to drink alcoholic beverages in the State of Iowa is twenty- one (21) years of age and said definition, as now or hereafter amended, is incorporated by reference in the City Code; and WHEREAS, the City Code currently provides that, unless otherwise exempted by law or ordinance, a person shall have attained nineteen (19) years of age or more to lawfully be on the premises between the hours of 10:00 p.m. to closing of any Iowa City establishment holding a liquor control license, a wine or beer permit, that authorizes on premises consumption; and WHEREAS, it is in the best interests of the citizens of Iowa City to change the bar entry age to "the legal age" which is currently twenty-one (21) years of age. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section I. AMENDMENT. Title 4, Chapter 5, Section 8 -entitled Persons Under 19 Years of Age in Licensed or Permitted Establishments -shall be amended by replacing "nineteen (19) years of age" wherever and however it appears within such Section 8 with "the legal age". Section II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudicated invalid or unconstitutional. Section IV. EFFECTIVE DATE. This Ordinance shall take effect June 1, 2010. Passed and approved this day of , 20 MAYOR ATTEST: CITY CLERK ppr ved ~ 'l~--Io City Attorney's Office annen\ord\under21(2010).doc Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 3/23/2010 Vote for passage: AYES: Wilburn, Wright, Champion, Dickens, Hayek, Mims. NAYS: Bailey. ABSENT: None. Second Consideration _ Vote for passage: Date published 21 Memorandum TO: Mayor Hayek and City Coun ' FROM: Chief Sam Hargadine RE: 21 only Bar Entry and House Parties DATE: March 17, 2010 In response to your request for information regarding policing neighborhood parties should the 21 Only -Bar Entry ordinance pass the following measures should be implemented: Neighborhood Patrols Patrol watches will be instructed to increase patrols in the neighborhoods and be alert to the presence of house parties which are occurring in their beat. The Department will utilize separate grant funding sources to supplement the patrol watches with officers specifically tasked to address party issues. Code Compliance Process Currently, the Police Department collaborates with the Housing Inspection Services Department to address violations of City and State code as they apply to conduct occurring at rental properties. This includes regulating numbers of persons on premises, requiring residents to enlist the assistance of the Police Department to regulate behavior, and addressing certain alcohol-related conduct in residences which have been subject to code compliance settlement meetings. This tool has been quite effective in regulating activity at certain premises. Collaboration with the University of Iowa Administration and UI's Department of Public Safety It is typically the sophomore class and above that is allowed to live off campus in residential neighborhoods. More emphasis will be placed on education and expected conduct while living "off campus". The police department has been collaborating with the Dean of Students and Student Conduct Office over ways to improve communication between the ICPD and University regarding student behavior while off campus. The University is particularly interested in knowing about "Disorderly House" violations that involve UI students. The University of Iowa DPS is hiring more police officers with the specific intent of placing them downtown to assist ICPD. This comes as a direct result of meetings with the Provost's Office, ICPD and Former Mayor Bailey. An expected result will be that ICPD will not have to fund as many overtime officers to supplement the downtown patrol units already assigned to that beat. Exceptions would be home football weekends. Page 1 of 1 Marian Karr From: RhysBJones@aol.com Sent: Monday, March 15, 2010 10:15 AM To: Council Subject: In Favor of an Under 21 Ordinance This correspondence will become a public record. I wish to add my strong support for an ordinance to prohibit under 21 year olds from entering Iowa City bars. The destruction and tragedies of late night downtown Iowa City have gone on for too long. I applaud your efforts to take action. Particularly troublesome are the efforts of the downtown bar owners who sue the City and battle the government on every issue. I believe that with community education and political organization we can win a referendum if and when one is forced upon us. This includes recruiting a large number of students that would vote for the under 21 ordinance. Sincerely, Rhys B. Jones 708 McLean St. IC 52246 3/15/2010 ~ ~ To: Mayor and City Council, Iowa City Subject: Bar Entry Age 2040 ~~~ ~ ~ ~~,~ I ~ ; ~ ~ I am writing to you as a former Mayor of Charleston, Illin~i~~%~~'a~'5~(and raised in Charleston and graduated from Eastern Illinois U it~i~iTi~'1~I~+~After serving twenty-eight years in the United States Air Force, my wife and I retired to Charleston. Unfortunately, Charleston had changed for the worse and my Alma Mater had fallen dramatically in prestige-- it was no longer one of the best higher education schools listed in Forbes magazine--but, it was listed in Playboy magazine as one of the best party schools. Not a ranking I, as an alumnus, was proud. A contributing factor was a bar entry age of eighteen. I will not detail all the reasons why we, the City Council and I, started discussing raising the bar entry age, but will describe some of the topics raised during our debates/discussions with students, business owners and year-round residents. We were warned by the students that they would drive to Champaign-Urbana to drink and that Eastern's enrollment would decline dramatically. In fact, we have seen no increase in students traveling out of town to drink alcohol and Eastern's enrollment has increased. Business owners worried about a loss in revenue, stores closing and property values falling. It is true some bars closed, but they were the ones who catered to underage drinkers. Our sales tax revenue is up and property values have steadily risen. New businesses (coffee shops, bakeries, etc) have opened. Live entertainment is provided for underage students by coffee shops and some bars having non-alcoholic venues. Year-round residents and students predicted house parties would increase both in number and bad behavior. While some of that existed initially after we raised the entry age, focused and more strict enforcement brought house parties under control. We do have an occasional party that gets out of control, -but most year- round residents are pleased with the ability of the City to deal with bad behavior. Prior to raising the entry age, we had found fines for students and fines and license suspensions/revocations for bar owners were not working solutions to our problems. State statutes were outdated and limited our efforts to enforce the twenty-one year old drinking age--and in some cases actually overturned our local decisions. One of the major benefits we have seen is a dramatic decrease in weekend emergency room care for students and visiting individuals coming to our town for a good time. And finally, Eastern Illinois University is not on Playboys party school list, but is again ranked as one of the Midwest's best in Forbes magazine. I don't believe Charleston will ever return to a bar entry age under the legal drinking age. Several candidates have run on the promise to lower the entry age and all have failed to be elected. We are happy with our decision and are constantly reminded by student's parents that they are as well. I hope our experience will benefit you in your decision. ,/ .~ ,~~~- - , L`,~ R scoe . Co gill 5 6th St Charleston, Illinois 61920 ~_ o ° ~ -.~ ~-_-. ~ _ ~ r;-~ - o ~~ ~.~ ~ ©~-~ -' ~ o ..o Marian Karr From: Brandon Oest [brandon.oest@gmail.com] Sent: Wednesday, March 10, 2010 11:18 AM To: Council Subject: Proposal Dear City Counsel, Please don't bring up the 21 year old proposal. Iowa City voted it down once and it'll happen again. I feel much safer downtown then at some random persons house where there is no police. Thanks, Brandon Oest Marian Karr From: Morris, Graham M [graham-morris@uiowa.edu] Sent: Wednesday, March 10, 2010 11:48 AM To: Council Subject: 21 Ordinance Dear City Council Members of Iowa City, IA I feel personally attacked by this ordinance. I love going downtown on Wednesday nights with my friends to Comedy Night at the Summit. It has been a tradition of ours ever since we first met freshman year. We do not indulge in drinking on these nights, rather sitting down, eating some wings, drinking some free soda, and watching the show. If you pass this ordinance, you will deny me and my friends are privilege of going and watching a comedy show on Wednesday nights. I really hope that you all reconsider what you are planning on doing on March 23.... You are sacrificing MUCH more then just 19 and 20's year olds in a bar. -Graham Morris Page 1 of 2 Marian Karr From: Scott Hansen [schansen@engineering.uiowa.edu] Sent: Wednesday, March 10, 2010 11:34 AM To: Council Subject: Gazette online article about IC's 21 issue Dear City Council-An article that was sent to me, that expresses my frustration/concern with the 21-issue in IC. Thanks, Scott Hansen, Iowa City The link is here: htt~//~azetteonline com/blots/you-are-here-jennifer-hemmin~sen/2010/03/10/iowa-city-bar-entry-battle- redux Iowa City bar entry battle redux Posted on Mar 10, 2010 by Jennifer Hemmin~sen. Maybe it's because I have a teenager at home, but I get so tired of the slippery logic floated by 19- and 20-year-olds in the Iowa City bar entry age debate. As you know, Iowa City Councilors are again considering a move to bump the entry aye to 21 - like many other college towns do. The reason is simple: 19- and 20-year-olds go to the bars now and, surprise, they drink. Not one or two troublemakers, they drink in droves. I've been on the bar circuit with patrol officers as they buzz into bars to pluck tipsy teens from dance floors. You can see their records of underage drinking~citations here -pay special attention to the ratio (frequently more than one per visit), not the raw numbers, which are more a reflection of the quick visits they're able to make than of the actual number of underage drinkers in a particular bar. If police had time to loll around in some places (I'm not naming names here, but y'all know the usual suspects), they could keep plucking underage drinkers from the crowd like fish from a barrel. But they don't have time, and that's part of the point here -police also have fights to break up, dangerously drunk people to scrape from the sidewalk and ship off to the ER, not to mention the whole rest of the Iowa criminal code to enforce. It's ridiculous that they should have to babysit bars that can't or won't uphold alcohol laws within their establishments' walls. So I'm not very sympathetic when 19- and 20-year-olds complain about how unfair and uncool the City Council is for trying to spoil their fun. My response is the same I give my daughter when she floats a similar line of BS: I'm not here to be cool. Bottom line is the bar entry debate is not about whether or not the 21 drinking age is a good idea or whether or not 19- and 20-year-olds (or 18-, 17-, 16-year-olds) drink alcohol. It's about upholding the law as it stands. And since bar staff have consistently shown they can't or won't be responsible for doing that, it's time for the city to step in. 3/10/2010 Page 2 of 2 Students are exercising their rights in organizing a petition. to boycott the move -but they're wrong in thinking the city is overstepping here. And they're wrong to float slippery arguments about what worse crimes they may commit if the city doesn't let them go to the bars. Instead of stomping their feet, students would be better served if they used that energy to organize against 21, or excessive drinking, of if they addressed safety or any number of associated concerns - to grab hold of the issue like the adults they say they are. 3/10/2010 Page 1 of 1 Marian Karr From: Linden, Steven C Jr [steven-linden@uiowa.edu] Sent: Wednesday, March 10, 2010 11:50 AM To: Council Subject: 21 Ordinance To whom this may concern: Hello, I am currently a Sophomore at the University of Iowa. I am 19 right now, but turn 20 on Aprill 22. I just wanted to give you my opinion on this proposal of making the bars downtown 21+. I know you have probably been getting a lot of emails about the matter, so I will make my email short. First of, I am going to straight up say it, underage drinking will always happen. There is absolutely nothing that can be done to stop it, unless you straight up make alcohol illegal. The bars are no exception to this fact. Whether they use a fake, or get someone of age to buy them drinks, underage people will drink there. But, at the bars, there are many factors that aid in the prevention of underage drinkers getting too drunk and doing something stupid. First, bartenders often cut people off. I am not going to lie, my friend has a fake and he has been cut off at least three times this year. Also, cops frequently visit the bars. They are sober, and can easily tell the difference between an of-age drinker and an underage drinker because underage drinkers get worried and panic. So, the cops can pick them up and either arrest them, or make them go home. If the the underage drinkers can't go to the bars, they will revert to house parties. Here, there is no one cutting them off except for themselves, and when at that point when you need to be cut off, you don't think you need to be. Also, there are so many precautions to avoid getting your party busted by the cops. Trust me, I know this. I have held numerous amounts of parties in my home town and have not been caught once. People who throw them, learn how to make sure they don't get caught because they don't want a ticket. So, the cop factor is nearly nonexistent. So, overrall, the ordinance will actually worsen the danger of underage drinking. Sincerely, Steven Charles Linden 3/10/2010 Page 1 of 1 Marian Karr From: Miller, Daniel L [daniel-I-miller@uiowa.edu] Sent: Wednesday, March 10, 2010 11:50 AM To: Council Subject: 21 Ordinance Hello, My name is Danny Miller and I just wanted to express my disagreement with proposed 21-only ordinance at Iowa City bars. While I do agree with the fact that the binge drinking is out of hand, I do not think it is because the rules and regulations you have set are ineffective. Ask any high school senior, no matter what university they are going to attend, what their image of college is and I would be willing to bet most of them say the same thing. Things such as tail gate, bars, apartment, and house parties; all of which include drinking. Not only are the Iowa City bars a fun and social place, (sober or not) they provide much more safety being in the middle of downtown rather than the uncrowded streets of surrounding neighborhoods. People have said that if you make the bars 21 only that there will be tons of house parties. Even though the amount of house parties will probably increase, there is not going to be 100 house parties every night. The problem that still remains is the drinking. If a college student is under 21 and wants to drink, he/she is probably going to drink. While making the bars 21 will probably decrease the number of binge drinkers downtown, it will not stop underage/binge drinking by any means. (I might be wrong but from the statements I have read, the goal of this ordinance is to prevent underage/binge drinking) The society that we live in has pumped our youth up for the fun that you have in college, drinking. This council has done a lot to prevent that, in fact I would even go as far to say that you have done a great job. But if some freshman or sophomore is willing to risk getting a $300 dollar fine for drinking in a bar, do you really think that the fact that the bars are 21 only is going to make them stop drinking heavily wherever they decide to go? My point is this, if you do not want underage students downtown drinking, make the bars 21; if you want to stop underage/binge drinking, the 21 ordinance will be ineffective in that matter and you have a lot of work to do and Nobel prize coming your way if you can figure it out. Thank you for your time and for the sake of the students, please vote against the 21 ordinance -Danny Miller 3/10/2010 ~ '- n° f '~' m G rn r- (~~ '; ~~ N ~ ~!- t v~r Gmr~ 0 0 m~ ~ -<r" Q~ ~~ 3 Q O Q1 __ _ ._ ., --- - ~, N O --' Q O ~~ ~ ~ ~;,1 ' ,~ ~~ ,..~ a Talking points in support of 21-only ° c y From the National Institute on Alcohol Abuse and Alcoholism ~~`~~ o Apart from being illegal, underage drinking poses a high risk to both the individual~~so y. For example, the rate of alcohol-related traffic crashes is greater for drivers ages ~~ 20~an . for drivers age 21 and older. Adolescents also are vulnerable to alcohol-induced t~m darr~age, which could contribute to poor performance at school or work. In addition, youthfurdrinkin~ associated with an increased likelihood of developing alcohol abuse or dependence later m life. Early intervention is essential to prevent the development of serious alcohol problems among youth between the ages of 12 and 20. This Alcohol Alert describes some of the most harmful consequences of underage drinking as well as prevention and treatment approaches that can be applied successfully to meet the unique needs of this age group. Injury and Social Consequences Underage alcohol use is more likely to kill young people than all illegal drugs combined. Some of the most serious and widespread alcohol-related problems among adolescents are discussed below. • Drinking and Driving. Motor vehicle crashes are the leading cause of death among youth ages 15 to 20. Adolescents already are at increased risk through their relative lack of driving experience, and drivers younger than 21 are more susceptible than older drivers to the alcohol-induced impairment of driving skills. The rate of fatal crashes among alcohol-involved drivers between 16 and 20 years old is more than twice the rate for alcohol-involved drivers 21 and older. • Suicide. Alcohol use interacts with conditions such as depression and stress to contribute to suicide, the third leading cause of death among people between the ages of 14 and 25. In one study, 37 percent of eighth grade females who drank heavily reported attempting suicide, compared with 11 percent who did not drink. • Sexual Assault. Sexual assault, including rape, occurs most commonly among women in late adolescence and early adulthood, usually within the context of a date. In one survey, approximately 10 percent of female high school students reported having been raped. Research suggests that alcohol use by the offender, the victim, or both, increases the likelihood of sexual assault by a male acquaintance. High-Risk Sex. Research has associated adolescent alcohol use with high-risk sex (for example, having multiple sexual partners and failing to use condoms). The consequences of high-risk sex also are common in this age group, particularly unwanted pregnancy and sexually transmitted diseases, including HIV/AIDS. According to a recent study, the link between high-risk sex and drinking is affected by the quantity of alcohol consumed. The probability of sexual intercourse is increased by drinking amounts of alcohol sufficient to impair judgment, but decreased by drinking heavier amounts that result in feelings of nausea, passing out, or mental confusion. • There is a strong connection of underage drinking with binge drinking. The brain development continues till about age 25, and is especially active before age 21; consuming alcohol by this age group tends to be in high risk quantities, because the brain does not have the fully developed control mechanisms and decision making. 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C N ao~~~ OU 3 ~ b00 ~ -O L-+ w ~ J ~ m ~ L Marian Karr From: Smith, Brooks C [brooks-smith@uiowa.edu] Sent: Wednesday, March 10, 2010 12:22 PM To: Council Subject: 21 bars. Brooks Calvin Smith Hi my name is Brooks Smith and I attend the University of Iowa. I understand many of the reasons the council and Iowa City would like to make the bars 21 only. There is a lot of underage drinking that takes place downtown. As well as violence that takes place because of irresponsible drinking. Iowa City is also notorious for its binge drinking, but turning the bars into 21 only is not going to solve these problems. Turning the bars into 21 is only going to move the problem somewhere else and possibly make matters worse. I know from my own experience, and the experience from people around me that drinking at somebodies house or apartment only increases the level of alcohol. Alcohol is cheaper, there are no lines, drinking games, and nobody to monitor consumption. As for violence, being at a house or apartment will also increase violent acts. When people are downtown there is a fear of fighting because of police officers at every corner. What is going to stop two people who have probably been drinking more and no law enforcement from fighting? It doesn't stop at levels of consumption either. There are many young responsible students who attend the University of Iowa, and deserve to enjoy the night life Iowa City offers. Iowa City is a great town and that is one of the main reasons I chose the University of Iowa. Taking away the downtown area for comedy nights, concerts, and other activities to people under the age of 21 would be very disheartening. I strongly believe that turning the bars into 21 only is not the right answer. There is most certainly an issue downtown and it needs to be addressed, but I think we should take a look at some other alternatives. I have learned in many of my courses at the University of Iowa that it isn't always yes or no. It doesn't have to be "well were either having the bars 21 or not, and were leaving it at that." There are plenty of options for Iowa City and the downtown area. Lets as a community strive to make Iowa City the best it can be, and that involves avoiding the 21 bar. If you have any questions or concerns, or would like to talk about this in further detail please let me know. You can e-mail me back at this address. thank you for your time and have a great day. Thanks, Brooks C. Smith 1 Page 1 of 1 Marian Karr From: Ramsey, Danielle J [danielle-ramsey@uiowa.edu] Sent: Wednesday, March 10, 2010 12:26 PM To: Council Subject: 21 Ordinance Hello, My name is Danielle Ramsey, currently im a student at the University of Iowa and I would like to take sometime to share with you my thoughts on the Ordinance. I have lived in Iowa City pretty much my whole life. I love Iowa City and thinks its a great place to live. I plan on staying here and raising my family here as well. Before I was 21, I was not interested in the bar scene at all and being 22 now, I dont like that underagers are in the bars. I go to bars where 21 is more enforced. However I feel that changing the age would be bad for Iowa City. I agree that underage drinking is a problem but I feel there are other ways to deal with this issue. I believe that by changing the age to 21, It would force those who are not 21 to find different options that would be unsafer. The downtown area creates a safer place then having it throughtout Iowa City neighborhoods. I think that the ordinance would cause more house parties and force those who wish to drink but are not able to in the bars to other areas and this would ruin the Iowa City the I know and love so much. Thanks 3/10/2010 Marian Karr From: Parker, Bryce B [bryce-parker@uiowa.eduJ Sent: Wednesday, March 10, 2010 12:32 PM To: Council Subject: 21 ordinance council members Voting to move the bar entrance age to 21 would be a hinderance to economic and safety issues here at the University of Iowa. How much this would hurt the local economy? (if you work downtown won't you feel like loosing your job?) You voted on it once and it didn't pass. Why now would you want to vote on it again? This will limit creative outlets such as live concerts downtown. If you enjoy the other activities that downtown offers like comedy, concerts even drag shows then those will disappear as well. You are messing with small town economics. You are messing with students with a limited financial base. I will not feel safer at some random house where the police presence is non-existent. I know that the downtown scene is patrolled. Why move the heart of Iowa City away from downtown. Why make it harder to patrol. Students are going to get their booze. At least downtown we can monitor their intake. If you pass this ordinance you kill off what is left of downtown. Why turn Iowa City into another Ames? Why do you think students choose this institution. Bryce B. Parker The University of Iowa 112 South Quad Iowa City, Iowa 52242 319-335-9187 / 9190 work 712-490-7899 cell 1 Page 1 of 1 Marian Karr From: French, Alexander J [aexander-french@uiowa.edu] Sent: Wednesday, March 10, 2010 1:11 PM To: Council Subject: anti 21 ordinance Dear Council (or to whomever this may concern), I would just like to voice my disagreement with the 21 ordiance that is up for vote. There are many reasons why I feel this would be a poor decision, with the first being that it would Beverly and negatively impact Iowa City's economy. The bars are a huge source of revenue for the city, they draw crowds from all over, especially on football gamedays. In addition, the bars are a safe, and controlled environment for students. They're establishments that have security to make sure nothing or noone gets out of line, and the price of drinks along with lines usually hinder excessive drinking. Making the bars 21 only would just force all underage students to houses and apartments, where the drinking environment is not controlled, and the presence of illegal and illicit drugs is much more common. Such drugs can have fatal effects on students, especially if used in a non-safe environment. Students are much less likely to take said drugs and go downtown for the fear of being arrested by the ever-present law enforcement downtown or being kicked out of a bar by security. Also, if students were to mainly go to off-campus homes, the rate of binge drinking would exponentially increase because it's much less money to go to house parties, there's always an excessive amount of alcohol, and the biggest problem wiht that is it's not nearly as controlled and safe as the bars are. Plus, if somethere bad were to happen, most off campus houses are blocks away from downtown, thus making it harder to reach officials and longer for them to respond to the call. I urge the members of the council to consider not only my plea but the thousands of students who feel the same way I do. We're not just a bunch of binge drinking students who like to take advantage of the system. We HAVE put a lot of thought into this and we fully stand behind our argument. Thank you for your consideration. Sincerely, Alex French 3/10/2010 Page 1 of 1 Marian Karr From: Foster, Derek T [derek-foster@uiowa.edu] Sent: Wednesday, March 10, 2010 1:55 PM To: Council Subject: 21-Ordinance Dear City Council Members, I feel that the 21-ordinance recently proposed to your office would greatly impare downtown Iowa City. There are many other activities that would no longer be available to a large amount of the under-21 crowd such as comedy clubs, concerts, or group meetings. If you pass this ordinance you are putting a large number of youth at a greater risk, by cutting off downtown activities, those who would be in a safe and well monitored place like downtown will now move out into the city by way of houses, apartments, and other public places. If it is your inevitable intention to pass this ordinance, it seems that it is only fair that those who it affects (the public), should be able to take a vote on the issue, as happened previously, where the ordinance was clearly struck down. It seems that Iowa City voters do not want this ordinance, and to go against their wishes, or even ignoring their rights to express their opinions, is dangerous at best. Sincerely, Derek Tyler Foster 528 D Mayflower Hall 3/10/2010 Page 1 of 1 Marian Karr From: Charles Crawford [coffeecoaster@gmail.com] Sent: Wednesday, March 10, 2010 2:01 PM To: Council Subject: Ordinance-Charles Crawford My name is Charles Crawford, and I am a resident of Iowa City. I am writing to the council in order to assert my extreme dissatisfaction at the raising of the 21 ordinance again so soon after the voters of Iowa City demonstrated their opinions on the matter. Not only is the institution of a 21-only policy in establishments that serve alcohol immoral in afree-market, it will do nothing to curb underage drinking. Even worse, underage drinking isn't even a real issue; as always, the true enemy is over-consumption. Beyond all of these issues, there is still one more practical one to consider; in a time of economic worry, amidst the reduction of 14 university graduate programs, tuition increases, tax increases, rising unemployment etc., the city council feels it has not just the power but the duty to strike yet another blow to the economy of Iowa City? Many small business owners need the patronage of 19 and 20 year olds at their shows, concerts, performances, and dances to keep their businesses afloat. In summation, I would like to thank Regenia Bailey for her rational and reasonable stance on the issue, and would like to state that it is my intention to join thousands of others in taking this issue to a vote if the council somehow believes that this ordinance is worth passing. -With waning hope for democracy, Charles William Crawford 3/10/2010 Marian Karr From: Colby, Timothy J Jr [timothy-j-Colby@uiowa.edu] Sent: Wednesday, March 10, 2010 11:55 AM To: Council Subject: 21 ordinance Hi, My name is Timothy Colby. I would like to voice an opinion in the upcoming 21 ordinance. I think that this new ordinance did not get passed a couple years ago for a reason. This community will not have enough of a budget to support the city with-out the tax revenue from the bars. Federal money has already been granted toward the economical cause due to flood damaging. I feel that this new ordinace will not change anything in the downtown area and will only bring negative effects to other parts of the community. House parties will become a lot more frequent and they can not be regulated like a PUBLIC establishment. This is not the right move of the city council. I feel I can speak for most UI students when I say this ordinance will only raise new and more serious problems for not only Iowa City, but the already shorted Police force and the Cities budget. Thanks for Listening 1 Marian Karr From: Dickey, Loulou C [loulou-dickey@uiowa.edu] Sent: Wednesday, March 10, 2010 2:09 PM To: Council Subject: Minimum Bar Entry Age Dear Council Members, My name is Loulou Dickey and I am a junior at the University of Iowa. It has come to my attention that you intend to vote to change the bar entry age to minimum 21. As a student I understand the effects of binge drinking as I have been educated by the University of the dangers and health effects it results in. I encourage the city council, the University, and bar employees and owners to take measures to reduce or eliminate binge drinking. However, the decision to make the bars 21 and up is something I absolutely cannot support. Changing the minimum entry level will not only fail to reduce binge drinking but may instead cause it to become even more dangerous. I have seen firsthand the consequences that result when drinking is hidden away in houses and apartments. The summer after I graduated (2007), one of my high school classmates and good friends passed away as a result of alcohol intoxication. Thomas Ruble was only 18 when he passed out in a bedroom of a house party and never woke up. Had he been in a bar or public area, someone would have found him and been able to get him the medical attention that may have saved his life. Because house parties are held mostly by underage college students, they are reluctant to call an ambulance or seek medical attention for someone who is intoxicated as this would make them responsible for supplying to minors and for their own underage drinking. In a bar employees are trained to seek medical attention for anyone who is extremely intoxicated. They are also trained to cease serving when a patron is intoxicated. This training can help save lives, and people who hold house parties are not trained to serve alcohol or deal with its consequences. I urge you to please not pass this ordinance as I truly believe it will do more harm than good. Sincerely, Loulou Dickey University of Iowa Student and Registered Voter in Iowa City 1 Marian Karr From: Dickey, Loulou C [loulou-dickey@uiowa.edu] Sent: Wednesday, March 10, 2010 2:35 PM To: Council Subject: correction, Minimum Bar Entry Level Council Members, In my last email I stated that Thomas Ruble had died of alcohol intoxication. I must correct that he also had other substances in his system which resulted in an overdose when combined with the alcohol. His death may still have been prevented had he been in a public place where someone would have taken him to the hospital. I would also like to point out that the presence of drugs is much more likely at a house party than at a public bar. Combining drugs and alcohol is extremely unsafe and would be more common to occur at house parties rather than bars. I apologize for the mistake in my first email. Thanks, Loulou Dickey Student at the University of Iowa and Registered Voter in Iowa City 1 21 ordinance Marian Karr Page 1 of 1 From: Miller, Cassandra L [clmille@healthcare.uiowa.edu] Sent: Tuesday, March 09, 2010 5:39 PM To: Council Subject: 21 ordinance Hi council members, I wanted to show my support for the 21 ordinance. I am a current student at the University of Iowa and think it is ridiculous how many underage students are allowed to drink in the bars. There are plenty of bars known as "freshman bars" because they are filled with underage drinkers. I'm also worried that any future education and job prospects may be hindered because they look at Iowa as a "party school." The 21 ordinance is the best thing that could happen to downtown Iowa City right now. Thank you. Cassandra Miller Iowa City student and resident 3/10/2010 Page 1 of 1 Marian Karr __ ___ From: Fletcher, Amy [amy-fletcher@uiowa.edu] Sent: Wednesday, March 10, 2010 8:44 AM To: Council Subject: 21 Ordinance Dear Iowa City Council Members, I full support raising the minimum bar entry age to 21. I believe that raising the bar entry age is an important step in the efforts to enhance the safety of all residents and promote the health of our community. Sincerely, Amy Fletcher 326 N. Mount Vernon Drive Iowa City, IA 52245 319-338-5328 3/10/2010 support for 21 only bar ordinance Marian Karr From: Ponto, James [james-ponto@uiowa.edu] Sent: Monday, March 08, 2010 3:25 PM To: Council Subject: support for 21 only bar ordinance This correspondence will become a public record. Dear Mayor Hayek and fellow City Council members, I am writing to voice my strong support fora 21 only bar ordinance. I strongly believe that restricting underage persons from bars is an appropriate action for our community at this time. Page 1 of 1 I am a resident of the near northside. Many of my neighbors have opposed a 21 only bar ordinance, fearing that it will result in huge increase in the number of "house parties" in our near northside neighborhood. I do think that downtown drinking and house parties are inversely related; but I believe that any increase in the house party problem can be addressed by stepping up enforcement of existing ordinances (e.g., noise, disorderly house, etc). I would think that city police would need to spend less time downtown and therefore would have more time for other things, including house parties. Although I am faculty/staff at the University, I am speaking only for myself. Thank you for your consideration of my comments. James Ponto 618 Brown St. Iowa City 3/8/2010 1401 Burry Drive Iowa City, IA 52246 ~; March 4, 2010 ~~ c-~ -~-: ~ Dear Council Members: -= +e°~ ~ -r--- °`r~ ~ Did you drink in high school? ~= .:-.~„ Did you drink before you were 21?~~ Do you know the percentage of UI students who drank before enrolling at the U~-'~ This would be useful to know, because it is my belief that if students drank before coming here they will continue to drink after they get here and nothing will stop that. But more importantly, why would you think that anyone who had a drink at 16 or 17 or 18 is going to suddenly stop at ages 19 and 20? Do you drink now? Do you like to socialize over a couple of drinks? Have you ever gotten drunk? Even once? Is there any possibility at all that a 21 only ordinance is a guaranteed way to raise money for the city coffers? Will it? Will be you proud if that is one of the results? Why is it the city's responsibility to try to control social behavior? Why are you not willing to spend the same time, energy, and money in lobbying the legislature to lower the drinking age to 19 as you are willing to spend the same time, energy, and money in drafting, passing, implementing and enforcing a 21 only ordinance? What are you going to do if the major results of a 21 only ordinance are to move drinking out of the downtown, give more students a criminal record, have police cite house parties more often, charge more students with possession of minor drug offenses, and not change behavior in a measureable why? Why do you believe that people over the age of 18, but especially those 19 and older, should not be able to drink, especially if you did (and I know for a fact that more than one of you did!) Also, if the UI thinks that installing a couple of bowling alleys and not selling beer (which means working to reduce the drinking age to 19) is going to be popular, then it knows nothing about human behavior and having learned nothing maybe Sally should do away with the department of psychology. Oh, well, maybe if you approved of a couple of chickens, well cared for and not causing a nuisance the way you seem to falsely believe, then I'd give up trying to have you be non-hypocritical about a 21 only ordinance. -..~., Page 1 of 1 Marian Karr From: Peck, Jerry M [ferry-peck@uiowa.edu] Sent: Friday, March 05, 2010 12:09 PM To: Council Subject: 21-under ordinance To the City Council: One of your members, Terry Dickens, is quoted in today's Daily Iowan: "I really think there needs to be a lot of dialogue before that vote comes up." Really? I thought we had all the "dialogue" in the world last time, prior to the referendum in 2007. In any case, the "dialogue" will almost certainly be a re-hash of past arguments. In my opinion what the Council needs to do is follow their gut and pass an ordinance. I have lived in Iowa City for 40+ years and possess not a small amount of street smarts. But I don't really like coming downtown at night, and I certainly wouldn't bring family members there. This generation of student drinkers is out of control. They drink to get drunk. Period. Enact an ordinance! Respectfully, Jerry Peck 308 Kimball Road 3/5/2010 Page 1 of 1 Marian Karr From: matthew wiegand [matthew_wiegand@hotmail.com] Sent: Thursday, March 04, 2010 9:59 PM To: Council Council Members, Thank you for considering the 21 and over ordinance again. Everyday people and community members are afraid of going downtown at night because of the rampant insanity of the bar scene. Hopefully this would help quell the violence. The argument that house parties will be worse and violence will be bad in the neighborhoods is kind of weak because hopefully people would be going to houses where they knew the owner and the owner would have some respect for their guests. Also, it seems to me like they are trying to bully you into a vote by threatening violence. Which is not cool. I have lived in Iowa City all my life besides 4 years at the University of California at Santa Cruz. In Santa Cruz all bars are 21 and over and things go pretty well there. Students still drink, of course, but the downtown area is safer and more mature at night and makes Iowa City look like a Roman vomitorium. That's pretty sad. Derailing and discouraging underage drinking in the community and downtown is important because hopefully those young men and women would spend more time studying and giving back instead of getting drunk. Make no mistake, that's what this is about. It's a public health issue and this city is sick. You can't bring children downtown after nine o'clock on Friday or Saturday for fear of what they may see, let alone fear of their safety. People get drunk and go to the bathroom on the playground equipment at the Public Library. I have chased them off myself because I find it unconscionable. When I worked at the Wedge Downtown I was constantly calling the police to show up and prevent fights that were breaking out in front of the building. That behavior is bad for business. The only people that are going to loose out on some money are the bar owners who obviously care only about their bottom line, not the safety of their clients. If the bars were 21 and over, hopefully a more socially mature crowd would be around. Hopefully other businesses would take root besides bars, with alternatives for the young men and women. More art and culture would really be nice but people just want to earn the quick buck by taking the money and the money of the parents of these students who are drinking underage. I only regret that because of their facebook group these loud mouthed rabble-rousers will probably get the petition done pretty quickly to counter the ordinance. Keep up the good fight, Matthew Sullivan Wiegand ___.. Hotmail: Trusted email with powerful SPAM protection. Sign__up now..,. 3/5/2010 Page 1 of 1 Marian Karr From: Ross Wilburn Sent: Thursday, March 04, 2010 6:29 PM To: Marian Karr Subject: FW: 21 over Importance: High Attachments: 21 and under.doc; Terriculas 3am.jpg; halloween 09.jpg __ From: Dayra Mendez [mailto:dayra109@hotmail.com] Sent: Tue 3/2/2010 6:43 PM To: Matt Hayek; Mike Wright; Ross Wilburn; Susan Mims; Regenia Bailey Subject: 21 over Here is some stuff that you should know. The picture that we are sending you from Caliente will translate from top to bottom line by line. NIGHT CLUB CALIENTE 171 HW1 WEST IOWA CITY IWA 52246 319 594 4780 THE ONLY ORIGINAL VOICE AND BAND FROM AMERICA TOUR 2010 THE FAREWELL THE TERRICULAS (NAME OF THE BAND) WITH ALL HIS HITS NAME OF SONGS ADVANCE $20.00 SAME PLACES AS BEFORE @ THE DOOR MORE INCLUDES DVD OF THE TERRICULAS LIVE THE EVENTS ENDS @ 3:00 AM MIXING LIVE D.J. BYRON FRIDAY 5TH OF MARCH 2010 SO HOW ARE THIS PEOPLE ALLOWED TILL 3AM WHEN BARS ARE TO CLOSE AT 2AM THEY KNOW YOU OFFICIAL DON'T SPEAK SPANISH. AND THAT IS HOW THEY GET AWAY. Hotmail: Powerful Free email with security by Microsoft. Get it__no_w__. 3/5/2010 But as parents we have taught them responsibility and they understand the consequences. The real problem is that so many don't get that. The bars had the chance to allow those under 21 in their establishments and as I said it has not been controlled. I would think bar owners would prefer not to have the liability. Either lower the drinking age or do not allow anyone under 21 in. Ames is 21 only, we have a child who attends ISU and they don't seem to have a problem with these issues. Granted these things can happen I am not sure the chances are as great as this poster would like you to think. If students drink at house parties at least they can stay put for the night. find their way home. As least at house parties drunk people are not forced to find their way home in the middle of the night. The bars were given a chance to allow underage people in the bars and it has not worked. It is time for change. When I read about this issue, I like to think about what I did in Des Moines before I turned 21. The bars in Des Moines are 21, just like Iowa City is trying to push. So me and my friends all used a fake. Police don't monitor bars as much if they are 21. Look at the bars in Iowa City that are 21, like Joes Place. You hardly see police in there checking ID's like you do Sports Column. I have never seen a police in a bar in Des Moines asking people for an ID. If the bars turn 21, that isn't going to stop under agers from getting in. Just another thought : ) They are both under 21. They and all their friends travel to Iowa City to party at the bars, because they are allowed in. We are not just talking U of I students. This is the destination point for all eastern Iowa 18-20 year olds who want to party in the bar scene. 21 only will reduce those numbers by hundreds. The kids are going to party regardless. I would much rather my kids party at their apartment complex at Kirkwood in C.R. than travel to a bar scene in Iowa City because that is where "it's happin'!" Look at caliente bar a latino bar, I seen girls gets in there as young as 13 years old, using someone else ID and the door the security the owner know about this and they are able to stay and drink, and even take their clothe off. They stay open past 2 am drinking out a cup so cops don't know is beer. Some of the kids they come home really happy because the owner of caliente has let them in, even knowing they are 16 or younger. Los Cocos look what happen, and now she still have a liquor licence with caliente they are partners. So how this people get punish, some of this people have no licence to even drive, have no insurance, what happens when a trajedia happens. Who suffers for all this. Please go to www.eltrueque.pressia.orq See the gallery of caliente Halloween 09 they is so many minors in there, now we as parents have no control, at least if this bar owners did not let our children in we will know they are with friends and will stay put. 4 h~ /..Y ~I ., ~" u _ ~~°°JJ - , - ~ ~ ,. q 7 G ~ ~ G r a 1 ~ ,i • ~, k 'R'~ ~ V ~ w 4 n ry.. _ o ~ ~ -~ r r G Y~ ? b J _ - _. G m ~ c ' a ~: rd L. ~'' L. Z ~r s w a t~ E 9 f ~- a ` @ ~ = J 4 c p q 6 .j z 1 u t7 0 N '1" TAI f.:. (~~' (~ '~'. C]. U fl C Q {'~ . fl. y~ //A W Y~i.. .~ V1 L FlQ ~F.' ~~ YJ! .~ ~"'.. ~~ EI Trueque - Gallery -Category: Caliente Halloween 09 -Picture: Ca... Page 1 of 3 ~.~~,~t,,~,~, t ~ _ ..,,~ i,~ ~,. ,a,e., i .1.. . Yip .,. .:5 C i ~.:'.. 7 ~i2 t {!a ~'N _ .._ rF~ z =--_ - ~_ .~ ;,,~ „ ,, _..~_ n~Ei,... ~ \ http://rvww.eltrueciue.pressia.arg/'index.php'~option-cam_pvnygaller... it/~/20Q9 Page 1 of 1 Marian Karr From: Cheryl Hessenius [sackhess@smunet.net] Sent: Thursday, March 04, 2010 1:52 PM To: Council Subject: drinking ordinance Dear Sir or Madam, I hope, for the sake of all underage students attending the University of Iowa, you approve the proposal before you in regard to disallowing persons younger than the legal drinking age of 21 to enter Iowa City bars. This is nothing less than a step in the right direction toward curbing the epidemic excessive alcohol consumption in the university environment. Good luck! Ken & Cheryl L. Hessenius parents of a U of I freshman Spencer, IA 3/4/2010 Marian Karr From: Thomas L. Casavant [tomc@eng.uiowa.edu] Sent: Friday, March 05, 2010 10:43 AM To: Council Cc: Sally Mason; Wallace Loh; Rocklin, Thomas R; Val Sheffield; Edwin Stone; Smith, Richard J (Oto); Paul McCray; Paul B Rothman; Terry Braun; Todd Scheetz; John P Robinson; Dobyns, Richard; Ron Berg; Mark Pries; Jan Rippentrop; Karen Casavant; Ben Faga; Bruce Tompkins; Bartley Brown; Patrick Barry Butler; Michael Flaum; Weiner, George; Mary Stone; kristin sheffield Subject: 21-ordinance support City council members, As someone who has unfortunately seen the public health impacts of excessive drinking from far too close - family and friends who have suffered from the effects of alcohol abuse -- I would like to express my support for your current consideration of instituting a 21-only policy in bars in Iowa City. This is long overdue, but anyone who wanted to see this action as a last resort, I think it can safely be said that all other avenues have been explored -- fully. I am of an age that I turned 18 when Iowa experimented with that much lower legal drinking age. That was a disastrous experiment which thankfully only lasted a few years. While they may not see it this way (I am nearly certain of this) the young people in our community need us (adults) to try to "protect" them during this period in their life when their newfound independence and judgment are not always in sync. While not an instant cure to the problems of abusive alcohol consumption, this ordinance is a step in the right direction and a key component to a joint effort between University and greater IC community to develop the next generation of state and national leaders. It should also greatly improve the downtown atmosphere for all IC citizens. I welcome this development and encourage you to act expeditiously. I also encourage my friends and colleagues to join me in openly supporting this action. Sincerely, Prof. Tom Casavant It doesn't take a genius to know you better be there - Lance Armstrong Professor Thomas L Casavant, Ph.D. Roy J. Carver, Jr. Chair in Bioinformatics and Computational Biology Director: UI Center for Bioinformatics and Computational Biology (CBCB) Coordinator: Interdisciplinary Graduate Program in Bioinformatics Associate Director/Bioinformatics: Holden Cancer Center Depts. of Electrical and Computer Engr, Biomedical Engr, and Ophthalmology & Visual Sci Member: Genetics Ph.D. Program Faculty, Applied Math and Computational Sci. Pgm, and Coordinated Lab. for Computational Genomics University of Iowa Iowa City, IA 52242 (USA) 319-335-5953 (V) 319-384-0944 (F) email: tomcCeng.uiowa.edu URL http://www.eng.uiowa.edu/~tomc/ Page 1 of 2 Marian Karr From: Greg Thomas [greg.s.thomas@gmail.com] Sent: Wednesday, March 03, 2010 4:03 PM To: Council Subject: The importance of music in Iowa City Members of the City Council: I would like to take a moment to tell you why I have chosen to remain in Iowa City for the better part (and the best parts) of my life. Also, II would like to highlight why I feel the best parts of the city, those that keep me here, are being directly threatened. It is an issue I am very passionate about so I greatly appreciate your attention. What makes Iowa City the ideal place for me to live is the vibrant downtown atmosphere, and specifically, the commitment to the arts in literature, performance and music. The literary walk, readings at Prairie Lights and, very especially, the multifaceted Englert do much to make Iowa City my Eden. Other essential contributors to the city's vibrant atmosphere are the music clubs. We have the luxury of 5 clubs that offer live music very regularly (the Mill, Iowa City Yacht Club, Blue Moose Tap House, Sanctuary, and the soon-to-return Gabe's). These outlets provide a valuable service in bringing national acts and in fostering local talent on the stage for our enjoyment. Its no secret that music is played in clubs late at night and it is no secret that, at my age, I have become more conspicuous in the audience. However, that does nothing to detract from my enjoyment of the music. Rather, I feel very fortunate to have so many that appreciate music as I do in the city. However, it is obvious these clubs rely heavily upon the draw of the young adults to survive. Certainly, the loss of 19- and 20-year-old patrons would be the last curtain for many of these venues and would contribute heavily towards a loss of culture in Iowa City. Iowa City has a burgeoning music scene, truly one of the best. To get the kind of music we offer nightly you almost have to live in a city of 200,000+ residents. Chicago, Madison and Minneapolis can offer this many music venues but have far larger populations to sustain it. Iowa City has captured lightning in a bottle to have so much culture so accessible. However, the music scene is fragile and a 21 ordinance will very directly bring it to a sudden end. As a city, we have shown a great devotion towards music. We offer fantastic festivals centered on music: The Arts Festival, Jazzfest, Friday Night Concerts and the Mission Creek Music Festival. In a reciprocal relationship, music has given so much to Iowa City. We have fostered so many great talents across a wide spectrum of musical genres. The Salsa Band, William Elliot Whitmore, Euforquestra, Greg and Pieta Brown, Bridget Kearney and Jonathon Rhodes just begin the list. All of these artists have substantial national recognition, yet all had there start on stages at the clubs of Iowa City. In revisiting this issue less than 3 years after a vote was put to the Iowa City populous, it gives the impression that the minds of the council are resolute, independent of the will of the constituents. I hope that is not the case and I sincerely hope you will consider the damaging effects that such an ordinance would have on the culture of downtown. Although there are no formal titles awarded, Iowa City offers a truly great music scene, not unlike our designated UNESCO City of Literature. We should embrace and promote this. Austin is marketing what we have. Topeka is trying to create it. We, with a proposal to exclude an essential demographic of patrons of the arts, are attempting to put an end to it. 3/4/2010 Page 2 of 2 I would like to take this opportunity to invite you to the Blue Moose this Saturday evening for what is sure to be a fantastic show. JC Brooks and the Uptown Sound are a neo-soul band out of Chicago. They put on shows with the energy of Otis Redding circa 1967 and we have been fortunate to have them play in our city previously at the Mill and Iowa City Yacht Club. It is an early show, with doors at 7 and it is a perfect chance to showcase some of the best of our city. And, if this ordinance passes, it may be your last chance to see them in town. http~//www myspace com/theuptownsound Thank you for your attention and please don't hesitate to contact me if the show interests you. Greg Thomas 3/4/2010 Page 1 of 1 Marian Karr From: paul Ayers [paul@paulayers.com] Sent: Wednesday, March 03, 2010 7:48 PM To: Council Cc: thomas-rocklin@uiowa.edu Subject: Raising entry age of bars to leagl drinking age To Whom it May Concern: My wife and I have a daughter that is now a senior at U of I. She was allowed to enter the bars as a freshmen and I was aware that she did have a drink from time to time. Although I believe she was responsible I do not believe she should have been allowed in a bar underage. She is not allowed to that in Illinois and that should be Iowa's policy also. We are happy to support U of I's position. It may not be popular with some of your constituents but we hope you make the right moral and ethical decision. As a member of our communities planning commission for 22 years it is sometimes difficult to vote the right way when so many of your neighbors stand against what you believe but I have always voted for what I thought what was right. Hopefully you will do the same. Thank you Paul and Darlene Ayers 3/4/2010 Page 1 of 1 Marian Karr From: Kevin McVey [kevin.c.mcvey@gmail.com] Sent: Thursday, March 04, 2010 11:09 AM To: Council Subject: 21 Ordinance To the Iowa City City Council, Each and every election, wether it be for President, Mayor, Governor, etc. the city, state, and nation urge us young people to participate and vote. Why you ask? Because they tell us our voice matters, that we are all citizens above the age 18 which gives us the RIGHT to vote as members of this great country. After hearing about the 21 ordinance that will be soon discussed and voted upon I became extremely upset and angered, but most of all frustrated. When I was a freshman I participated in the vote, going against the 21 ordinance at the time. Our voice was heard and we won. There was no cheating, it was a clear cut vote, and the people voting AGAINST the 21 ordinance WON the vote fair and square. I thought this issue would be put on the back burner at least for the rest of the time I would be attending the University of Iowa, but once again here it is a short 4 years later. And why? Do you feel we are incompetent of making the right decisions? I sure hope not, because the importance you all put on us to participate and vote would be nothing but a joke. I am sorry, but this is not an issue I take lightly. I am a student at the University of Iowa, who happens to have a tuition to take care o£ This is not the times when most of you grew up, college is substantially more expensive now, and quite frankly the downtown bars have been my answer to help add to my tuition fund. It is very difficult to both work and go to school all during the 8-5 time frame. Imagine taking 17 hours of class and working 40 hours a week during that time frame, it is nearly impossible. The bars downtown have provided me with the ability to work at night when there are no classes. While I understand your motive is not to shut the bars down, I think we would all be kidding ourselves if there was not a substantial cut in revenue to each and every bar in Downtown Iowa City. And unfortunately a loss in revenue will lead to a cut in jobs, and I do not want to lose my job. This 21 ordinance would put many students out of jobs and with no job, it is difficult to fund our tuition. Iowa City is a wonderful town, I wouldn't have chose any other place to live out my four years of college. Iowa City is comprised of a wide range of students and local residents, but I think sometimes we forget how much of the population the students make up. We are not incompetent, we are the young intelligent stars of tomorrow. I am extremely disappointed that this issue is being brought up once again especially in such a short period of time. No offense, but it is basically a slap in the face, and if you all were in our position you would understand why it feels like that. I urge you all to reconsider your opinions about this situation, but I can promise you this. If this ordinance is passed, the student body and other supporters WILL get the signatures needed for a referendum, and we will WIN the vote again. I hope it does not have to come to this and I hope you all take a long hard look past the narrow mindedness about binge drinking and alcohol and realize how many students you will be hurting. Thank you for your time, Kevin McVey University of Iowa Employee of the Downtown Iowa City Bar Scene 3/4/2010 Page 1 of 1 Marian Karr From: Craig Shaw (cshaw@mum.edu~ Sent: Wednesday, March 03, 2010 2:15 PM To: Council Cc: thomas-rocklin@uiowa.edu; 'Craig Shaw' Subject: Legal age for entering Iowa City bars This correspondence will become a public record. Dear Iowa City City Council: Our family in Fairfield has enjoyed living in Iowa for more than 30 years, and my son, who is a freshman at the U of Iowa, was born at the U of Iowa Hospital. When it came time to choosing a college, my son could have gone to other universities with higher academic ranking, but he feels so at- home in Iowa City, that this was his choice. A year later, he has no regrets. My wife and I also like the feel of Iowa City (where I earned my MA in 1982), but we deplore the drinking situation among students, and encourage the University to do even more to discourage drinking-especially in fraternity and sorority parties (which I know go on at private apartments & houses). Please change the city law, so that minors without their parents are not allowed into bars before age 21. Thank you. Craig Shaw Fairfield, IA 3/3/2010 Page 1 of 1 Marian Karr From: eckhardt59 Eckhardt [eckhardt59@msn.comJ Sent: Tuesday, March 02, 2010 12:17 PM To: Council; connie_champion@iowa-city.org Subject: 21 ordinance As a voter, property owner and tax payer in Iowa City I figured after 2007 I wouldn't need to contact you about this since we voted this issue down, but I was wrong. I'm deeply offended that you all are not respecting the citizen vote on this issue. I'm also amazed at your willingness to pass this and see what happens to our neighborhoods. What will your response be when the first child dies or a woman is gang rapped at a house party? Downtown offers dance floors, comedy shows, live music and other activities for these kids. With these activities shutoff you'll force these kids to house parties. House parties that will not care if highschool students attend, something the 19 ordinance mostly stops. Is the city going to build non alcohol free dance floors, bowling alleys, comedy clubs, and live music venues? Once a week movies in the pentacrest is not an acceptable answer. I'm happy you passed the 500ft law and I'm encouraged to see how it works over TIME. There are issues in downtown but nothing so bad it requires legislation that stands to decimate a section of our local economy. Let's continue to tweak but what is your answer for Iowa tailgating and adults that drink to access? I want you to know there are regular residents that don't support this issue. Right now I care more about budgets, school district lines, job creation, and what you're doing to prevent another flood this spring. Thank you Alan Eckhardt and Tonya Hovey 192 Columbia Dr Iowa City, IA 52245 319-621-3562 3/2/2010 Page 1 of 1 Marian Karr From: Doug Kallin [douglas.kallin@yahoo.com] Sent: Tuesday, March 02, 2010 5:04 PM To: Council Subject: Uphold Democracy This correspondence will become a public record. I recently read that the City Council is considering passing a law which would ban all persons under the age of 21 from admittance to establishments which serve alcohol. I personally think that this will not solve the issue of underage drinking in the city, but will only move the problem to other parts of the community, which the council will then be forced to deal with again. I believe that if the council truly wishes to address this issue in a real and meaningful way, that it needs to work with the University to provide viable alternatives in the downtown area to drinking. But regardless of my personal opinions, the citizens of Iowa City have already made their voices loud and clear on this issue, when in 2007 this very same ordinance was soundly defeated by more than 2,000 votes. Should the City Council choose to now pass a law in which a majority of its citizens officially oppose, the council is effectively disenfranchising the populous and choosing to ignore their votes. What does this say about the state of government and democracy in Iowa City? That the loudest voice wins, and a minority of vocal antagonists can effectively push whatever agenda they choose, regardless of how the majority of the community chooses to vote. 7 people do not constitute a majority, and we elect you to listen to the voice of community and act accordingly. How much clearer can the citizens of Iowa City make themselves than by publicly rejecting this idea through their votes? If the council decides to over-ride its electorate, then this is just one more step in the total loss of civil liberties and rights of the tax-paying citizens of this community. Respectfully, Douglas Kallin 45 Notting Hill Lane Iowa City, to 52245 3/2/2010 Page 1 of 1 Marian Karr From: Steve Goetzelman [sgoetzelman@hotmail.com] Sent: Tuesday, March 02, 2010 7:07 AM To: Council Subject: 21 Ordinance Good morning, I am writing to express my support for the 21 ordinance in Iowa City. I feel that the drinking culture is out of control in this town and the current drinking ordinance plays a large role in the problem. Iowa City has become a destination for people looking to get wasted. It is exasperating enough to think that every 19 and 20 year old within 60 miles will come here on the weekends to go out boozing, but the issue goes beyond that. Any high school kid in the midwest looking at pursuing higher education at any Big 10 school will quickly realize that Iowa will afford them access to bars quickest. Maybe that is not the right reason to choose a school? Please support this ordinance, sure it will take time to stabilize the situation downtown, but I bet that after these supposed wild house parties run their course and every incoming freshman in the midwest looking to party first and study later gives all Big 10 schools their due instead of just Iowa we will find a much better and more enjoyable Iowa City on the other side. Thank you for your time, please change the ordinance to 21 only! Steve Goetzelman Iowa City Hotmail: Free, trusted and rich email service. Get it__now._ 3/2/2010 Page 1 of 1 Marian Karr From: William (Bill) DeJong [Dejong@outsidetheclassroom.comJ Sent: Thursday, March 11, 2010 11:36 AM To: Council Subject: Upcoming Vote on Town Ordinance for Age 21 Bar Entry Greetings: Campus officials from the University of Iowa told me of the upcoming City Council vote on a town ordinance that would raise the legal age for bar entry from 19 to 21 years. In response to their request, I am writing to support this measure. For nine years, I directed the US Department of Education's Higher Education Center for Alcohol and Other Drug and Violence Prevention, which was the nation's primary resource center for helping colleges and universities address drinking-related problems in campus communities. Like other prevention experts around the country, I have long been aware of efforts made by the University of Iowa to reduce underage and dangerous drinking by its students. I have also known for many years about the extraordinary town ordinance that allows underage patrons to enter Iowa City's on-premise alcohol outlets. There is no doubt that the present law is interfering with the University's efforts to protect public safety. A basic principle of what we call "responsible beverage service" (RBS) is that entry to on-premise alcohol outlets should be limited to those who are 21 and older. The reason for this is simple: bars and taverns are busy, chaotic environments, and it is virtually impossible for waitstaff to prevent underage patrons from drinking illegally once they gain entry. The owners may tell you that this is not the case, but research on RBS practices tells us otherwise. Allowing underage patrons to enter these establishments undermines the age 21 law and puts young people at risk. Good luck with your deliberations. William DeJong, Ph.D. Professor Department of Community Health Sciences Boston University School of Public Health 801 Massachusetts Avenue, 3rd Floor Boston, Massachusetts 02118 (617)414-1393 Executive Director, Research and Analysis Outside The Classroom, Inc. 250 First Avenue, Suite 201 Needham, MA 02494 (781) 726-6677, x 127 3/11/2010 Marian Karr From: Kravtchenko, Ilina [ilina-kravtchenko@uiowa.eduJ Sent: Wednesday, March 10, 2010 6:37 PM To: Council Dear Iowa City council, I am a junior at the University of Iowa. My name is Ilina Kravtchenko. My major is international studies with a human rights emphaisis. I hope to go to law school after this. I am 22 years old, and I still find your proposal for makig all Iowa city bars 21 years profoundly disturbing! The impact on the local economy will be devastating. In a time of a global recession, this sort of political agenda is economic murder. The councilmen should be trying to stimulate the local economy through their policies rather than stiffle it. I'm so appaled at this lack of economic foresight that I'm having serious doubts about the motives and abilities of this council. Myself and a number of voters see this as a personal attack on certain bar owners as well as a moral judgement. I am disgusted at the willingness to criple our community in an attempt to pursue a personal grudge. Best, Ilina K Page 1 of 1 Marian Karr From: cowsrcool15@aol.com Sent: Wednesday, March 10, 2010 2:59 PM To: Council Subject: 21 ordinance 21 ordinance is a very unwise choice for Iowa City as a whole; it would take a governmentally controlled area's activities and spread them throughout the campus. This would cause many problems for police and students. Being a student, I feel safer downtown than being at a random house. This stand the council is trying to take is counterproductive to stopping binge drinking and underaged drinking. I will vote against it. Robert Forslund 3/10/2010 Page 1 of 1 Marian Karr From: Sarah Hansen [sarahluxhansen@yahoo.com] Sent: Thursday, March 11, 2010 4:51 PM To: Council Subject: Please support 21 Dear Council Members: Thank you for your willingness to consider a 21 ordinance in Iowa City. Surely you are hearing from many individuals who oppose this. Keep in mind that most of the arguments against limiting underage access to alcohol are meant to protect two things: 1) money made from underage drinkers 2) easy access to alcohol Every major public health organization recommends that cities and municipalities use ordinances to decrease alcohol access and to "increase the costs associated with underage drinking" -these costs may be time and effort to obtain alcohol, or in the case of fines, the cost of choosing to use alcohol underage. Each time and in each way we increase the costs, fewer underage drinkers use alcohol. Each time and in each way we decrease access, fewer people use alcohol abusively. Every major health expert tells us that the effects of alcohol on the developing brain are particularly detrimental -especially now that we know the brain is still developing until the mid- twenties. Just as it is unrealistic to think any ordinance will eliminate drinking (not the goal anyway!), it is unrealistic and illogical to think that everyone who is currently drinking downtown will move to drinking in the various neighborhoods. Any time barriers are put into place around a behavior, a significant percentage of the population simply ceases that behavior. We have many viable options for quickly and effectively dealing with any neighborhood disruptions that may take place initially after an ordinance change. Based on hundreds of studies, it is absolutely clear that limiting access decreases high-risk drinking overall, not just underage drinking. Please don't let the bullying threats and continued empty promises keep you from taking this important step. Thank you for all you do for Iowa City. Sincerely, Sarah Hansen 3/11/2010 Page 1 of 1 Marian Karr From: Astell, Megan C [megan-astell@uiowa.edu] Sent: Friday, March 12, 2010 9:56 AM To: Council Subject: The 21 Ordinance -Megan Astell Dear Council: I think the new ordinance to change the minimum ages of the bars to 21 is a poor decision. Students ages 19-20 are already excluded from some activities with their older friends due to not being able to drink, but as of now they are still able to at least attend bars with them to hang out and socialize. I feel to take that away from them would be unjust and also unwise. They are college students and considered legal adults, yet their rights to make their own decisions as a adults are now being challenged. To take away their right to frequent bars is taking away a large part of their college experience and a large part of their social life outside of school. Everyone deserves to be able to go out and enjoy themselves after a hard week of classes. In addition, income for the bars will go down as well. A large majority of the cover that popular bars charge comes from those under the age of 21. If you take that population away, it will be a big stab to their profits. If bars lose profits, they will most likely fire employees, the vast majority of which are college students. It is no secret that college students are strapped for cash as it is, so to have many lose what little income they have already because the new ordinance took away what their job depended on is unfair. It may also curb the 21 and over crowd for those that typically frequent the bars with their under 21 friends. If their friends can't go, they will go somewhere else to go with their friends instead of the bars. Since this is largely an attempt to curb under-age drinking I beleive it should be pointed out that this will not stop it, it will only shift it to other locations. It will move under-age drinking to far more dangerous places. There will be a rise of house parties, which are far less safe for people to be going to. At least at the bars, for those who manage to get alcohol underage, there are police to control the situations. The under-age drinkers get tickets and are kept out of harmful situations. If this group is now pushed to parry "underground", this will probably lead to more crime around campus such as robberies, assualt, or worse. Plus, the bars are not only all about partying on the weekends. You would be barring this age group from being able to attend the other activities that take place in them as wee, such as comedy shows, concerts, even drag shows. These are harmless and fun events that this ordinance would prevent this age group from attending, and again hurting the profit and income the bars could have gained from them. If these events don't get big crownds, they'll stop coming to Iowa City. If they stop coming, there goes more money away from Iowa City. The students voted once, and the ordidance lost. We are told countless times over for elections that "our vote matters". So to throw out our votes and reconsider it for council members only to vote on is to tell us that our votes do not matter at all, that they're meaningless. If that was the case then why let us vote in the first place if you planned to throw it out anyway? Prove to us that our votes matter. Practice what you preach. I am 21, and even though this ordidance does not personally affect me, I am still here to fight it, becuase it is not the right decision. I hope you come to see this as well. I will see you March 23. Sincerely, Megan Astell 3/12/2010 Page 1 of 1 Marian Karr From: kyle Johnson [ktj1989@yahoo.com] Sent: Friday, March 12, 2010 2:56 PM To: Council Subject: 21-Ordinance Dear City Council, My name is Kyle Johnson and I am opposed to the proposed 21 MBEA. I am opposed to the ordinance for multiple reasons. First and most importantly I do not believe that the 21 MBEA will have a positive effect on the underage drinking that the ordinance is targeting. I am an employee of a bar downtown and if the law were changed I would either be unemployed or face a large cut in pay. Second, and most importantly it is my opinion that it is safer to go to the bars than to house parties. The supply of alcohol is not limited at a house party, and is more available to those under age. When at the bars it is the employees responsibility to remove those that are too drunk from the bar, as opposed to passing out at the party they are at. Among other dangers of house parties is the access to illicit drugs and threat of assault for men and women. The bars provide a safer, more controlled environment than the house parties that would become the norm if the 21 MBEA ordinance was passed. Please make your decision thoughtfully. Sincerely, Kyle Johnson 3/12/2010 ~~~ ~ PUBLIC HEALTH Doug as Beards ey, MPH, CPHA Director ,,,,~ N O Promoting Healfh. Preventing Harm. ° _ ° - ' ~ March 11, 2010 _~ 6 ~ `--! t'~ N ~~' Iowa City Council '~~ ©~ zA. ~ 410 E. Washington Street -,~ ~ Q ""'""' .E Iowa City, IA 52240 ~' w c~ Re: 21-Only Ordinance Dear City Council: I am writing to encourage your support of a 21-only ordinance in Iowa City. Underage drinking, binge drinking and general over consumption of alcohol are all serious public health threats both to the individual involved and the community at large. High-risk drinking behaviors have been identified as community health priorities for the past 10 years but little progress has been made in changing the culture of alcohol use in Johnson County and Iowa City. Changing behavior is a complex process which requires a number of initiatives across a broad spectrum. None of these initiatives, standing alone, will make the change. Education, enforcement of current policies and implementation of policies consistent with desired outcomes are all essential components. Adoption of a 21-only ordinance will bring policy in to alignment with the desired outcome of reducing the harm related to high-risk alcohol use. Alcohol-related ambulance calls in Iowa City clearly indicate the continued problem of underage drinking. In 2008 there were 269 alcohol-related ambulance calls to the downtown area. The most frequent age of the person being seen was 19 years (42 calls, 15.6% of all calls). In 2009, again, 19 year olds were the most frequent patients for alcohol-related calls (total calls: 314; 48 (15.3%) were for 19 year olds). The second most frequent alcohol-related ambulance calls in downtown were for 20 year olds and the third most frequent is for 18 year olds. Combined, 18, 19 and 20 year old alcohol-related ambulance calls represent 34% and 33% or all alcohol-related ambulance calls to the downtown area in 2008 and 2009 respectively. (See Table 1 below) County-wide, underage drinking accounts for 22% of all alcohol-related calls. I reiterate, that a 21-only ordinance is not the solution to the problem of underage and other high-risk drinking in Iowa City. It is, however, an essential policy step which, 855 S. DUBUQUE STREET, SUITE 21 7 • IOWA CITY, IOWA 52240 • PHONE: (319) 356-6040 • FAX: (319) 356-6044 when combined with public education and other community efforts, can produce substantive results in the future. I appreciate your consideration of this action. Sincerely, Douglas E. Bea Director Table 1 rdsley, MPH, CPHA Alcohol-Related Ambulance Calls -Downtown IC Zone 2008 2009 Total 269 319 18 year old 17 6.3% 25 7.8% 19 year old 42 15.6% 48 15.0% 20 year old 33 12.3% 30 9.4% 18 - 20 combined 92 34.2% 103 32.3% ~ --~ t"> -~ { C'? ..,~r rri c-~ ~~ _". N 0 0 [V 0 -c 0 ~~ 855 S. DUBUQUE STREET, SUITE 21 7 • IOWA CITY, IOWA 52240 • PHONE: (319) 356-6040 • FAX: (319) 356-6044 Page 1 of 1 Marian Karr From: Kathy Svac [ksvac@comcast.net] Sent: Sunday, March 14, 2010 11:02 AM To: Council Subject: Iowa City Drinking Age Council Members: As a parent of a 19 year old student at the University of Iowa I highly urge you to deny increasing the age of admittance into Iowa City drinking establishments. Personally, I believe this will only drive the social activities to off campus locations where no supervision (security, bartenders) is provided. Peer pressure at these private locations is likely to be greater than in a more public location. If anyone seriously believes increasing the age limit of admittance will curb underage alcohol abuse I highly encourage them to take a closer look at other Universities' policies and remember the peer pressure they encountered when they went thru that delicate age. Whether or not you participated in underage drinking I am certain you remember the desire to be a part of the social environment at that age. Needless to say this will also greatly impact the economics of the downtown Iowa City venues. Thank you, Kathleen T. Svac 3/15/2010 Page 1 of 1 Marian Karr From: Risa Dotson Eicke [icgreendrinks@yahoo.com] Sent: Friday, March 12, 2010 4:56 PM To: Council Subject: City Council issues To: Iowa City City Council Members I am writing to ask you to look into the 21+ law for our bars and restaurants a bit deeper. It seems to me that the number of 19 & 20 year olds in this city is significant, and I think it's possible that banning them from our bars will negatively effect the flow of money. Having a successful downtown is a rare thing these days, and we shouldn't hinder it. Also, I would like you to consider the ban on fluoride in the city's water. This is an issue that is controversial mostly because people aren't educated about it. Please take the time to learn about the negative effects fluoride has while you review the issue. Thank you, Risa Dotson Eicke Iowa City Green Drinks 3/12/2010 Page 1 of 1 Marian Karr From: Reams, Angela A [areams@healthcare.uiowa.edu] Sent: Saturday, March 13, 2010 9:36 AM To: Council Subject: Support 21 Bar Entry Age Dear City Council Members, I am writing to support the 21 ordinance. As the Substance Abuse Prevention Coordinator at Health Iowa/Student Health Service, I frequently see the negative consequences and problems our students, especially those under the legal age, experience by being allowed in alcohol establishments in our community. I greatly appreciate the City Council addressing this issue and moving forward to make our community safer and healthier for all. Thank you, Angela Reams, M.A. Substance Abuse Prevention Coordinator Health Iowa UI Student Health Service 4168 WL, Iowa City, IA 52242 319.335.8386 3/15/2010 Page 1 of 1 Marian Karr From: Lynden Schauper [schauper@hotmail.com] Sent: Saturday, March 13, 2010 9:49 AM To: Council Subject: Support for the 21 ordinance Dear City Council Members, I am writing to share that I fully support the 21 ordinance. Thank you for considering this issue and the benefits it will provide our community. Sincerely, Lynden Schauper The New Busy is not the old busy. Search, chat and a-mail from your inbox. Get started. 3/15/2010 Page 1 of 1 Marian Karr From: RhysBJones@aol.com Sent: Saturday, March 13, 2010 3:30 PM To: Council Subject: Support the under 21 ban in IC Bars This correspondence will become a public record. Iowa City City Council I strongly support your effort to ban under 21 in Iowa City bars. I have been the owner of a downtown business since 1993. I have had continuous problems with late night drinkers and damage. I have been called at 3:00 AM several times with broken front windows. Large flower pots have been thrown through them. I have watched as boys urinate up against the front door of my business. It's been impossible to provide planting beds of flowers and shrubs in the pedestrian area without damage to them in the late drinking hours. It costs the city thousands of dollars per year in extra police protection and maintenance. I believe Iowa City is the only city in Iowa that allows under 21 in bars and the only college campus in the Big Ten. No wonder the University of Iowa is last in the Big Ten in freshman that return to school the following year. I urge you to take this firm stand and win back our community. We will work hard and win a vote if a referendum is forced. Valerie Chittick 708 Mclean St. Iowa City, IA 52246 Owner of Domby 3/15/2010 Page 1 of 1 Marian Karr From: Mona Peterschmidt [mpetersc@southslope.net) Sent: Monday, March 15, 2010 4:35 PM To: Council Cc: Victoria Sharp Subject: Support for 21 Ordinance Attachments: JCMS- Alcohol.doc Dear City Council, I have attached a copy of a letter from the Johnson County Medical Society in support of the 21 Ordinance. I am also mailing a hard copy for your file. I am the Executive Director and submit this on behalf of the Society Members as the request of our President, Victoria Sharp, MD. ~~~~ Mona Peterschmidt 2125 IWV Road SW Oxford, IA 52322 319-545-1367 319-545-8168 ~« 319-330-2301 3/15/2010 ohnson ounty edical society "Aediroted to 1 Gbmrnunity Health" March 15, 2010 City of Iowa City- City Council 410 E Washington Street Iowa City IOWA 52240 Dear City Councilors: Johnson County Medical Society supports your efforts to alter unsafe/underage consumption of alcohol by considering and hopefully passing a 21 only ordinance which would allow only those of legal drinking age to be in bars in Iowa City after 10 PM. There is a significant risk associated with underage drinking because adolescent brain development continues throughout the 20's (contrary to earlier views that adolescent brains were fully developed by about age 18). Alcohol use, particularly high-risk drinking during this period of development, can impact brain structure and function (The Surgeon General 's Call to Action to Prevent and Reduce Underage Drinking, 2007). In addition to the impact on the developing brain, the following are harms and risks substantiated in the literature: • Increased risk for developing alcohol dependence later in life: individuals who use alcohol at an early age (before age 15) are 4 times more likely to develop dependence than those who delay drinking until 21 (Grant and Dawson, 1997). • Individuals who drink under the legal age are at higher risk for physical and sexual assault (Hingson, et al 2005). • Alcohol use is a primary contributor to deaths from injuries, the leading cause of death for those under 21. According to the CDC, approximately 5,000 people under 21 die from alcohol-related injuries associated with underage drinking annually. • Underage drinkers are more likely to do something they regret, blackout, cause property damage, get in trouble with police, or injure themselves compared with legal aged drinkers (Weschler, et al, 2002). • Secondhand effects: Others, who may or may not be 21, are significantly impacted by underage drinking. Drunk driving crashes, injuries, and assaults are all associated with underage drinking. Underage drinking is also associated with higher rates of drinking later in life, so long-term consequences can result for both individuals and communities. • Underage drinking is often high-risk drinking. Data indicates that underage individuals may drink less frequently than those of age, but when they drink, they are more likely to drink excessively (Center on Alcohol Marketing and Youth, 2006). Environmental factors, including easy accessibility of alcohol, result in higher rates of alcohol use (Weschler, et al, 2002). Access facilitates underage drinking in both practical ways (the more access one has, the more chances to obtain alcohol) and indirect ways (communities with more access to alcohol may create community social norms that underage drinking is "normal and expected"). Communities (or states) with more restricted access to alcohol generally have lower rates of underage drinking. The harder it is to access alcohol the more the overall "costs" associated with underage drinking rise, and the less likely underage individuals are to drink (Reducing Underage Drinking: A Collective Responsibility, 2004). The primary governmental expert bodies on this issue (e.g., the Center for Disease Control, the Surgeon General's office, and the National Institute of Alcohol ism and Alcohol Abuse) all urge communities to enact and support policies designed to reduce access. Therefore we believe that enacting the 21 ordinance will have a positive impact on reducing access to those under the legal drinking age of 21; thus reducing their health risks. Sincerely, Victoria Sharp, MD, President On behalf of the Johnson County Medical Society IOWA CITY COMMUNITY. SCHOOL DISTRICT Lane Plugge, Ph.D. Superintendent March 12, 2010 Iowa City City Council 410 E. Washington Street Iowa City, IA 52240 Dear Council members: 509 S. Dubuque Street Iowa City, IA 52240 (319) 688-1000 (319) 688-1009 FAX I write you expressing my support of an ordinance to allow only individuals 21 and over in bars at night. I write you as a citizen of Iowa City and my views do not represent those of my employer the Iowa City Community School District. I believe such an ordinance is needed to provide a safer environment for all citizens, but specifically for young people under the age of the State of Iowa's legal drinking age of 21. I believe limiting evening entrance to bars will significantly limit the number of underage students who have access to alcohol and the related dangerous activities associated with binge drinking. I ask that you support an ordinance which limits evening entrance to bars to those individuals 21 and over. Thank you for your consideration. Sincerely, . J c~ ~ ~ U~~ Lane Plugge N °~ t# ,. E .., e ~,; ~~ - ~, .`"'~ c~ Page 1 of 1 Marian Karr From: Green, Charles D [charles-green@uiowa.edu~ Sent: Tuesday, March 16, 2010 11:15 AM To: Council Subject: Letter in support of the minimum bar entry age of 21 Attachments: Letter supporting MBEA21 final.doc Dear Council Members: Please accept the attached letter. Thank you. Chuck Green Charles (Chuck) D. Green, Assistant Vice President and Director of Public Safety University of Iowa Department of Public Safety 808 University Capitol Centre Iowa City, Iowa 52242-5500 (319) 335-5026 (319) 335-5022 (UI Police Dispatch) FAX: (319) 335-5800 charles-areen @ uiowa. ed u This e-mail is intended solely for the person or entity to which it is addressed and may contain confidential and/or privileged information. Any review, dissemination, copying, printing or other use of this e-mail by persons or entities other than the addressee is prohibited. If you have received this e-mail in error, please reply to the sender immediately that you have received the message and delete the material from any computer. Thank you 3/16/2010 L THE UNiVERS1IY OF IOWA March 16, 2010 Dear Iowa City Council Members: Department of Public Safety 808 University Capitol Centre Iowa City, Iowa 52242-5500 319-335-5022 Fax 319-335-5800 I would like to thank you for your consideration of implementing the minimum bar entry age of 21 (MBEA21). I certainly realize this is a very controversial and difficult issue and I applaud your efforts and determination. Along with President Mason and others from the University of Iowa, I would like to add my name to the list of individuals who enthusiastically support the establishment of MBEA21. I strongly believe this is a crucial safety issue, not just for our students, but also for the large number of young people who stream to the Iowa City downtown every weekend. Every study has shown the dangerous and excessive drinking of alcoholic beverages is a contributory factor to various types of crimes. Inexperienced young people are often unaware those crimes, as well as other unintended consequences, can follow them for the rest of their lives. Chief Hargadine and I derive no pleasure from placing young people under arrest or transporting them to medical facilities as a result of a night of excessive alcohol consumption and inappropriate behavior. Passage of MBEA21 will most certainly have a positive effect, reducing underage access to alcohol and reducing the number of young people who will place themselves in compromising and dangerous situations. Sam and I are united in our support of your efforts on this issue and have worked collaboratively to address problems impacting the downtown and our campus. We will continue to partner in the future, giving consideration to new methods and reviewing what we currently practice, to contribute toward the goal of maintaining a vibrant, safe and inviting downtown for all ages. Sincerely, Charles D. Green, Assistant Vice President and Director of Public Safety University of Iowa 21 Ordinance Marian Karr From: A'Hearn, Amy B [amy-ahearn-1@uiowa.edu] Sent: Tuesday, March 16, 2010 1:09 PM To: Council Subject: 21 Ordinance Good afternoon City Council, Page 1 of 1 I am writing in response to the proposed 21 Ordinance. I am a member of the University of Iowa community and work daily with the UI students. I have heard stories and can see the impact that alcohol has on many of our students. Due to this, I am fully in favor of the 21 Ordinance. This is one step in the right direction to changing our culture related to alcohol here at the University of Iowa and in Iowa City. Thank you, Amy A'Hearn Amy A'Hearn RD, LD Health Iowa Dietitian University of Iowa Student Health Services 4170 Westlawn Iowa City, IA 52242-1100 319-335-8531 Fax 319-335-8249 amy-ahearn-1@uiowa.edu 3/16/2010 Page 1 of 1 Marian Karr From: Kathryn Johansen Sent: Wednesday, March 10, 2010 1:12 PM To: 'Eric Sundermann' Cc: *City Council Subject: RE: Music Venues -The Daily Iowan Hello Eric, Thank you for your email communication to the City Council. Council members do not receive their emails directly. Your message will be forwarded to them and accepted as official correspondence at the next Council meeting. If you wish to speak with Council members directly,. please visit our website at www.icgov.orq. Click on the link to City Council and there you will find names, phone numbers, and addresses of all seven Council members. Thank you again for writing, Eric. Sincerely, Kathi Johansen Administrative Assistant to the City Manager 319 356-5010 From: Eric Sundermann [mailto:eric.sundermann@gmail.com] Sent: Wednesday, March 10, 2010 12:18 PM To: Council Subject: Music Venues -The Daily Iowan Dear City Council Members, My name is Eric Sundermann and I'm an Arts Editor with the Daily Iowan. I'm writing a story regarding what the 21+ Ordinance might/might not do to the Iowa City music scene in our town. I'd love an opportunity to speak with any of you about your thoughts and opinions on the manner. We can chat over the phone at your set time, and it will only take a few minutes. My phone number is 712.790.1503 or you can respond to this email. Please get back to me at your earliest convenience. I would greatly appreciate it. Thank you so much for your time, Eric Sundermann Arts & Culture Editor The Daily Iowan E131 Adler Journalism Building Iowa City, IA 52242 712.790.1503 eric.sundermann(c~gmail.com eric-sundermann(c~uiowa.edu 3/10/2010 Page 1 of 2 Marian Karr From: Kathryn Johansen Sent: Tuesday, March 16, 2010 9:28 AM To: 'Morgan Olsen' Cc: ''City Council Subject: RE: The Daily Iowan: 21-ordinance history Hello Morgan, Thank you for your email communication to the City Council. Council members do not receive their emails directly. Your message will be forwarded to them and accepted as official correspondence at the next Council meeting. If you wish to speak with Council members directly, please visit our website at www.icgov.orq. Click on the link to City Council and there you will find names, phone numbers, and addresses of all seven Council members. Thank you again for writing, Morgan. Sincerely, Kathi Johansen Administrative Assistant to the City Manager 319 356-5010 From: Morgan Olsen [mailto:morgan.c.olsen@gmail.com] Sent: Monday, March 15, 2010 8:23 PM To: Council Subject: The Daily Iowan: 21-ordinance history Hello, I'm hoping one of you can help me with a story I'm working on for The Daily Iowan. I'm writing about the 21-ordinance history in Iowa City. I'd like to get a feel for how long opposition to the current law has been around, as well as how many times the ordinance has come up. The angle I'm taking on the story is specifically how the UI administration has been involved. I know this year has been different because Sally Mason and many other UI officials have publicly endorsed the ordinance. I will be out of town until Friday, but can set up a phone interview that fits into your schedule this weekend or Monday during the day. I would appreciate any of your input and insight. Thank you! Best, Morgan Olsen On Fri, Mar 12, 2010 at 8:09 PM, Ross Wilburn <Ross-Wilburn(c~,iowa-ci .or~> wrote: Special Note: any e-mails that I respond to may be subject to State open records laws and considered information available to the public. Thank you for taking the time to send me a message and expressing your views. Please state your concern/idea and 3/16/2010 Page 2 of 2 what action (if any) from Council you would like to see. If you are wanting city information, I will try to let you know the correct city department where you can try to find an answer. Feel free to visit the City of Iowa City's web-site (for city information, press releases, council agenda & minutes and the city code) at http://www.ic~ov.or~. If you want the entire city council to receive your message, please send it to and the CIty Clerk will include it in our council information packet, which is released on Thursdays. Ross Wilburn, Council Member, District A City of Iowa City Morgan C. Olsen The University of Iowa Co-President, Society of Professional Journalists Metro Reporter, The Daily Iowan 414.588.3932 3/16/2010 Page 1 of 1 Marian Karr From: Bates, Cheryl L [cheryl-bates@uiowa.edu] Sent: Tuesday, March 16, 2010 4:28 PM To: Council Cc: Rocklin, Thomas R Subject: Ltr from Vice President of Student Services to IC City Council Attachments: VPSS Ltr to IC Council March 16 2010.pdf Attached is a letter from Interim Vice President Tom Rocklin to the IC City Council members. Cheryl Bates Assistant to Vice President Rocklin The University of Iowa 249 Iowa Memorial Union Iowa City, IA 52242-1317 Tele #: 319-335-3557 Fax #: 319-335-3559 3/16/2010 TxE ~ uNIVERSi'IY OF IOWA March 16, 2010 Iowa City City Council 410 E. Washington St. Iowa City, lA 52240 Dear City Council Members, ItNfice of the Vice President for Student Services and Dean of Students ] support raising the minimum bar entry age to 21 because 1 am convinced that it wit) protect the safety and health of our students. We have long believed that restricting access to alcohol by enacting a minimum bar entry age of 21 is the single most effective step this community can take to address the alcohol-related risks that our students and other young people face. At the same time, as I have emphasized when 1 have appeared before you in the past, there is no silver bullet. Reducing harm from high risk use of alcohol will require a coordinated strategy. As you consider the new orciinance know that my staff and 1 have been planning for the possibility that the minimum bar entry age will ina•ease to 21. Let me share our planning in two areas. T'irst, we will expand the geographical jurisdiction of the Code of Student Life to all of Johnson County for specific offenses. While we have not finalized the changes to the code, the current proposal includes several provisions strengthening our response to misconduct off campus in Johnson County. For example, shrdents convicted of public intoxication, operating while intoxicated, or possession of a controlled substance would, under the proposal, be placed on disciplinary probation for their first offense, moving them down the path toward a suspension should there be subsequent Code violations. Also, we would notify the parents of every student who receives a F'At1LA citation in ,lohnson County. We also plan to find a way to address disorderly house citations in Johnson County. As 1 say, dlese are proposals at this point. I'm confident our final revisions of the Code will significantly strengthen our ability to address off-campus behaviors. The new Code is likely to result hl more student suspensions. More importantly, though, it wi[I clarify our expectations of students. When we tell students that they are accountable for their behavior off campus, many students will modify their behavior to more closely match our expectations, Secondly, we are working with students to identify strategies to fill the gap in entertainment opportunities for students under age 2 i . 1 predict that over a relatively short time, the market will address this problem as entrepreneurs find ways to profit by providing entertainment options to the 11,000 or so students who are under 21. In the mean time, though, we have asked our student groups to plan to provide substantially more programming that will appeal to this group of students. 249 Iowa Memorial Union Iowa City, Iowa 52242-1?17 319-335-3557 Fax 319-335-3559 vp-student-se rvi ces~uiowa. edu www.uiowa/^vpss 1"here is more that we can do, and over the coming weeks and months, I'll share some of those strategies witn yo~~. Over the last few months, we have been developing a cainprehensive plan far the efforts that the lniversity, acting alone, can take to address alcohol risks among our students. The plan establishes clear metrics for success and sets targets. "I'he effect of a minimrtm bar entry age on its oevn, and as a catalyst for other actions is so profound that we currently set two targets for each metric-one under the current conditions, and a much more ambitious target under a minimum bar entry age of 2l. Nothing would please me more than having the opportunity to aim for those more ambitious targets. When you establish a minimum bar entry age aF21, you wil! have taken a profound step in supporting the health and safety of our students and other young people in our community, Sincerely, ~~~_ Tom Izockr„ Interim Vice President for Student Services cc: Sally Mason, University of Iowa President Wallace- Loh, Executive Vice President and Provost Tysen Kcndig, Vice President far Strategic Communication David Grady, Associate Vice President for Student Services and Dean of Students Sarah I Jansen, Director, Assessment and Strategic Initiatives Page 1 of 1 Marian Karr From: bjengaking@comcast.net Sent: Tuesday, March 16, 2010 10:58 AM To: Council Cc: sally-mason@uiowa.edu; thomas-rocklin@uiowa.edu; Wallace-loh@uiowa.edu Subject: Attached Letter From the University of Iowa Parents Association Advisory Board Attachments: UI%20Parent%206oard%2021%200rdinance%20Ltr%20March%2015%2C%202010.pdf Good morning. Attached is a letter from the University of Iowa Parents Association Advisory Board in support of the proposed 21-only ordinance. Should you have any questions, please feel free to contact me at 847-818-0715. Susan Bates E-mail: blengakingCo?comcast.net 3/16/2010 L THE uNIVERSIIY OF IOWA March 15, 2010 Dear Members of the Iowa City City Council, PARENTS ASSOCIATION Office of the Vice President for Student Services and Dean of Students 249 Iowa Memorial Union Iowa City, Iowa 52242-1317 319-335-3557 Fox 319-335-3559 pare nts-associationt9uiowa.edu www.uiowa/parent Current and past members of the University of Iowa Parent Association Advisory Board strongly and emphatically support the 21-only ordinance for Iowa City bars which you have scheduled for a vote at your March 23 meeting. As both University of Iowa President Sally Mason and Provost Wallace Loh recently stated, this ordinance is not about prohibition, but about safety. The Parent Association Advisory Board also cares about and wants to make life for our students better. An arrest record for underage drinking or public intoxication can quickly derail a student's future career choices or employment opportunities. The bar owners say they can't fully control underage drinking in their establishments. One strategy not tried yet is "21 only." The one thing that can be controlled is the age. All bars in Ames, Iowa have been 21 and over since the 1980s. Tough underage drinking laws make sense and we support them. That said, individuals can still get alcohol elsewhere and that's a concern to all of us. April is National Alcohol Awareness month in the United States. It began in 1987 with a primary focus on underage drinking and the devastating effects it can have on youth. Underage alcohol use is more likely to kill young people than all illegal drugs combined. Mare than 1,700 college students in the U.S. are killed each year (or about 4.65 a day) as a result ofalcohol-related injuries according to the Annual Review of Public Health. We do realize that with "21 only" there is a concern that underage drinking will simply migrate to private house parties in Iowa City neighborhoods. Some individuals even theorize that the 43 downtown bars are somehow providing a community service by keeping the students in a confined, nine square block area. There is no research to support keeping people in a confined area limits the problem, In fact, the problem is made worse. And, as parents, we don't view binge drinking or "Thirsty Thursdays' as a rite of passage or a positive aspect of college life. Nor is the notion that the University of Iowa is a party school or the place to go on the weekend for easy alcohol access by high school and college age students in the state of fovea and neighboring states. THE IIIIYEtSISY OFIOMI ^~ \II~I! P1RfNTS iSSO(IAflOA It is, in our opinion, the cumulative effect we should focus on and nat let those who might suggest that "this alone will not solve the problem" sidetrack the overall objective and concern. Citing a study from the Harvard School of Public Health regarding accessibility to alcohol (www hsph harvard edu/cas/Documents/underminimum/Drinkin~Behavior.pdf) "Whereas any single law may not have a significant impact on underage drinking, the cumulative effect of several of these laws may be strong. " This problem needs to be dealt with directly and aggressively. The University of Iowa Parent Association Advisory Board promotes healthy lifestyles and limiting access to those of legal drinking age in Iowa City's bars is a vital step in this process. We fully support additional programs and plans of the University of Iowa now and in the future. Susan Beck Bates, President, Arlington Heights, IL Michael Bates, Arlington Heights, iL Luann Alemao, Cedar Falls, lA Mike and Mary Beth Golemo, Ames, IA Mary Hughes, Member, 2004-08, President, 2007-08, St. Charles, IL David Hughes, Member, 2004-08, St. Charles, IL Perry and Ann Klein, Des Moines, IA Jon and Sharyl Leinen, Victoria, MN Steve and Karla Maxwell, Dubuque, IA Susie Schenk, Vernon Hills, IL Page 1 of 2 Marian Karr __ _ From: Kelly Flinn [kelly.flinn@gmail.com] Sent: Wednesday, March 17, 2010 9:21 AM To: Council Subject: Suggestion for Gradually Changing the Bar Entry Age I was surprised and disappointed to learn that the Iowa City Council has chosen to revisit the 21-only age limit for entering local bars. It is my understanding that the issue has resurfaced because the timing for enacting such an ordinance is propitious due to the recent cooperative interest expressed by the University. While I do happen to think that there are far greater issues facing our community right now, I also have the sinking feeling that passage of a 21-only ordinance by the Council is inevitable. I'm disappointed by that, disappointed that with so little input from those in the community, we will awaken to find ourselves with a new law. It has the feeling of an ambush. One of the more oft-cited truisms one hears is that Iowa City is the only community in the state to allow 19 year olds into bars. Yes, this is a fact. It is specious reasoning however that leads one from this fact to the assumption that Iowa City is or will become like other towns simply by changing the law. These other towns have had twenty-four years since Iowa raised the drinking age to twenty-one to evolve. Here in Iowa City, we will be forced to experience this change overnight. I also find it disingenuous for anyone supporting a 21-only ordinance to pretend that changing the law will change the social mores of young people under the legal drinking age. While I do not condone underage drinking, I think it is realistic to prepare for the possibility that consumption of alcohol under the legal age will still occur. Only now, the drinking will occur in houses out in our community. I own a home approximately six blocks from downtown and my neighborhood includes rental property that is usually leased to students. It is not often that we have had problems with noise and parties, but on occasion we have. When we have called to have the issue addressed it has taken the police thirty minutes at best before they have arrived. There have been occasions when the wait has been over an hour. I must say, I wonder, with police downtown enforcing a new 21-only law as well as more house parties than the community experiences now, how exactly will local law enforcement be able to prioritize? Because this is all so new and frankly surprising, I have a suggestion that I would like to offer. I think the Council should consider a graduated change in the age to enter a bar. For the first year, the age would be twenty and above and in the second year we move to twenty-one. This means that the young people who have already become accustomed to the downtown social community won't suddenly find themselves for limbo in a year. It also means that local law enforcement will have a year to adjust to and to ascertain what effect the change in the entry age will have in the neighborhoods. Finally, a graduated change would give the community an opportunity to gauge the impact of the change on downtown businesses. I am concerned that the change to 21-only is going to have a tremendous and tremendously 3/17/2010 Page 2 of 2 negative impact on our local bars. Furthermore, I do not think that the Council should go into this process with the feeling that their actions should be a punitive effort against bar owners. That is, that losing local, independently owned businesses is a good thing simply because those businesses are not the kind of businesses you would prefer. After all, local bars contribute to our tax base and are part of what makes downtown Iowa City vibrant and appealing to people of all ages. As I said in my opening, passage of a 21-only ordinance has a feeling of inevitability. Though I disagree with the change, it is my hope that in the event that it occurs, we in the community and you as are our representatives take the time to do it well. Thank you, Kelly Flinn 3/17/2010 UNivERSrn~'IowA ~~ HEALTH CARE Office of the Vice President for Medical Affairs 300 College of Medicine Administration Building Iowa City, IA 52242 3l9-335-8064 Tel 3/9-335-8478 Fax www. uihealthcare. com ru _o March 16, 2010 _ ~' '`~ ~--~ xm ~ r , ~' = ' ~ c-~ -~; =~, ^ -~ ~ City Council r~° ~rn City of Iowa City ~ ~ ~. - 7 .~..- ca Dear Councilors, ~` I write to voice my strong support for raising the minimum bar entry age from 19 to 21. I believe this action would be a positive step forward in protecting the health and safety of our community's young adults, including students of the University of Iowa, from the harmful effects of alcohol abuse. In 2008, more than 140 alcohol-related visits to the emergency treatment center (ETC) at UI Hospitals and Clinics were attributed to individuals aged 18-20, up from 88 visits in 2004. In addition, alcohol-related visits by those aged 18-24 accounted for fully one-third of all alcohol-related visits to the ETC in 2008. These numbers are disturbing and, unfortunately, part of a growing trend. ETC alcohol-related visits by ages 18-24 increased from 29% in 2004 to 33% in 2008. Although alcohol is a common part of the college experience, too many students drink in ways that are too risky. At the University of Iowa, 25 percent of our students report that they experienced physical injury as a result of alcohol. Moreover, research shows that underage students become more intoxicated in bars than do legal age students. This alone makes a compelling argument for keeping underage students out of bars. We have a collective responsibility to protect the health and well being of our young residents from the serious and harmful consequences associated with reckless alcohol consumption. Increasing the minimum bar entry age to 21 is a reasonable and prudent approach to that end. I commend the Council for its consideration of this important ordinance and am pleased to lend my support in any way possible. Si erely, Je n E. Robillard, MD V ce President for Medical Affairs Page 1 of 1 Marian Karr From: renaeknox@gmail.com on behalf of Renae DeVolder [renae-knox@uiowa.edu] Sent: Wednesday, March 17, 2010 2:59 PM To: Council Subject: Letter for the March 23rd meeting Attachments: Letter of Support.docx Hi, I would like to add my letter to the packet of information given to city council for the meeting on the 23rd concerning the proposed 21 Ordinance. Thank you, Renae 3/17/2010 Dear Iowa City Council Members, I am writing to you as a student at The University of Iowa and Iowa City citizen about the proposed 21 Ordinance. Unlike the seemingly majority of students who oppose the measure, I would like to add my support to enact the measure. I understand this is a complicated issue, and there is no 'magic bullet'. However, I have been a student here for the past 5 years, I am now a graduate student in the College of Public Health, and during my Graduate Research Assistant position at Health Iowa, have had many opportunities to discuss alcohol use on this college campus. During my time at Health Iowa, I have conducted classes with students who the University has required participation due to a violation of conduct rules concerning alcohol. It is through these conversations that I have come to believe that the 21 Ordinance is an appropriate option. Iowa City is very unique in how the city and the University are so intertwined. The environment of allowing 19 year olds easy access to alcohol downtown is a problem for a number of students. The majority of students I come in contact with believe that they are products of this environment. Going downtown to drink to excess is 'what everyone does' and that students come here to have a good time and get an education on the side. I am personally not against having a good time, it is the negative consequences that come with having 'too good' of a time which is an issue. When students go to the hospital because they blew a .3 BAC and believe that is 'no big deal' because someone else they know has done the same thing - it's an issue. If students believe that the environment of easy access to alcohol causes them to act this way, then we must enact measures to change the environment. The 21 Ordinance is an obvious effort to do so. Iowa City is a great place to learn, work, and live. I believe it can be made even better by changing the culture and environment of downtown to where it is seen as a place where the legal age of 21 to drink is enforced. It is good for the health and well-being of our students. Sincerely, Renae DeVolder a~ L Office of the President 1 101 Jessup Hall TIME I Iowa City, IA 52242 7 ~ l_.t~l~E7l~I.I~ ~E 1C)WA FILED Tel No. 319.335.3549 Fax No. 319.335.0809 MAR 19 2010 ~ ~ `t a ' "^ March 18, 2010 City Clerk Iowa Ciry, Iowa Dear Councilors, This community and our university have struggled for many years with a growing problem: the harmful effects of alcohol. Commissions, committees, and task forces have met, the issue has been debated, recommendations have been made, and some good ideas have been implemented. Our community, however, has not yet taken the single most potent and obvious step. People under the minimum legal drinking age do not belong in bars. As President of The University of Iowa, I support a minimum bar entry age of 21. Our students' safety and health are profoundly threatened by the relationship some have with alcohol I am firmly convinced that a minimum bar entry age of 21 will reduce that threat. University of Iowa students suffer harm from alcohol at rates much higher than students on the average campus. Alcohol is a common part of the college experience, but some of our students drink on many occasions in ways that are too risky. In every category that we study, a greater proportion of our students reports suffering harm than on the average college campus. Consider these chilling statistics: as a result of alcohol use within the past year, 25 percent of our students (1.6 times the national average) report that they experienced physical injury. Fifty-one percent (1.5 times the average) did something they regretted. Nine percent (2.0 times the national average) got in trouble with the police. Forty-nine percent (1.7 times the national average) forgot where they were, suggesting that some of the other harms may, in fact, be underestimated. Our students are harmed by alcohol more than their peers on the average campus because too many drink excessively. Our two-week binge drinking prevalence is 70 percent (compared to an average of 33 percent). When our students drink, they consume an average of 7.4 drinks (compared to an average of 4.9). At their most recent drinking event, 64 percent of our students reached estimated blood alcohol levels greater than .08 (compared to an average of 38 percent). Furthermore, our students do not just drink more; they drink in riskier ways. Our students use protective strategies when they drink-such as alternating drinks, avoiding drinking games, and pacing themselves to one drink per hour- at rates about only one-third of the national average. On average, our students' experience is much more pernicious than "just college students having a drink." A minimum bar entry age of 21 will help protect our students and other young people in the community. "Accessibility" is one of several empirically established predictors of high binge-drinking rates. Simply put, more students consume more alcohol where it is easier to obtain. Under the current ordinance, students below the minimum legal drinking age have easy access to bars. A number FILED MAR 19 2010 G:S'~y.m. Ciry Clerk Iowa City, Iowa of Iowa City bars regularly exceed underage enforcement visit ratios of I.O, suggesting easy underage access to alcohol in at least some bars. Many of the harms I already described happen to underage students who drink too much in a bar. According to published research, underage drinkers become more intoxicated in bars than those of legal age, itself a good reason to keep underage students out of bars. A minimum bar entry age of 21 will increase safety mainly by decreasing the total number of students drinking on any given night. Some suggest that "students will just drink elsewhere." This strikes me as implausible. Students are not indifferent to where they drink. Students' willingness to pay a cover charge suggests that bars offer a more attractive experience than other drinking venues. At least some students, absent the bar experience, will choose to drink less or less frequently. More importantly, the defeatist assumption that drinking opportunities in downtown bars will be replaced one-for-one by drinking opportunities in other venues assumes no other changes in the environment. The "balloon" analogy-- which holds that if you squeeze one part of the balloon, another will expand-- is instructive and relevant here. Instead of squeezing only one part of the balloon, we can squeeze it equally from every direction, compressing its overall volume. Likewise, if the city implements a minimum bar entry age of 21 and we collaboratively take other actions (e.g., increased enforcement of the disorderly house ordinance, University sanctions for off-campus offenses, education of students on the responsibilities of living in a neighborhood), we have the opportunity to reduce significantly the total volume of alcohol consumed by students. We also are confident that a change in the minimum bar entry age will contribute to a change in The University of Iowa's image. We are not proud of our reputation as a party school It works against our efforts to recruit students who are serious about their studies. A minimum bar entry age of 21 will quickly reduce our reputation as a party school and allow us to recruit more serious students, which will lead to recruiting even more serious students. That will have a profound positive effect on the culture of The University of Iowa. The University of Iowa is committed to serious action to reduce the harm that students suffer from alcohol use. As you know, The University of Iowa has invested in substantial efforts to reduce the harm alcohol inflicts upon our students. We frankly have long felt that the easy access to alcohol in Iowa City has imposed real constraints on our ability to make a difference. With a minimum bar entry age of 21 in effect, we are prepared to redouble our efforts. We expect that they will be more effective in an environment where the minimum bar entry age matches the minimum legal drinking age. For example: We will impose sanctions on students for relevant offenses that occur off campus. Currently, we suspend students after two alcohol arrests or emergency room admissions if they occur on campus. Selected offenses that occur off campus will, beginning in fall 2010, count toward those two strikes. We will widely publicize these changes to our Code of Student Life to deter irresponsible alcohol use; In collaboration with appropriate partners, we will develop educational materials to help students learn about their responsibilities as tenants and neighbors. Working with students, we will provide attractive late-night entertainment opportunities in multiple venues, including the new Campus Recreation and Wellness Center; We will require AlcoholEdu, an evidence-based online educational program, of all entering undergraduates, not just the fall direct-from-high-school admissions who currently are required to complete the program. The history and the future of the City of Iowa City and The University of Iowa are inextricably linked. Instituting a minimum bar entry age of 21 in our community will brighten the future of both. I commend you for considering this important ordinance and urge its passage, and I pledge the University's continued partnership. Sincerely, ~~.~.-.- FILED Sally Mason MAR 19 2010 President `t'•s~ ~ ~ ~~ City Clerk Iowa Ciro, Iowa Support 21 minimum bar entry age Page 1 of 1 °C 1 Marian Karr From: Wetzel, Lindsay R (UI Health Care) [Iwetzel@healthcare.uiowa.edu] Sent: Friday, March 19, 2010 1:58 PM To: Council Subject: Support 21 minimum bar entry age City Counsel Members, I am writing to voice my support for the proposed 21 minimum bar entry age ordinance. Research supports policies that reduce access to alcohol as effective tools for reducing underage alcohol consumption, as well as helping to prevent the myriad negative consequences associated with high-risk drinking. As a former UI student and current UI faculty/staff member, I continue to see the negative impact high-risk drinking has on our students and the overall Iowa City community. Restricting bars to ages 21 and older is a positive step towards a safer, healthier community. Thank you, -Lindsay Wetzel Lindsay Wetzel, M.A. Health Risk Assessment Coordinator Health Iowa UI Student Health Service 4165 WL, Iowa City, IA 52242 (319)-384-1115 lndsay-wetzel@uiowa.edu Only 7% of UI students always wear a bike helmet when they bike. Need a helmet? The Westlawn Pharmacy at Student Health has them for only $10! Source: 2007 National College Health Assessment 3/19/2010 ~i Marian Karr From: Mike Wright Sent: Tuesday, March 23, 2010 6:35 AM To: Marian Karr Subject: FW: 21 ordinance -----Original Message----- From: derek.roorda~mchsi.com Sent: Mon 3/22/2010 8:36 PM To: Matt Hayek; Ross Wilburn; Subject: 21 ordinance [mailto:derek.roordac~mchsi.com] Susan Mims; Mike Wright Council members, As a current student living in the Iowa City community, I would like to offer a little insight into a student's view of the revisiting of this ordinance. Being 22, and above the legal drinking age, I am in agreement that there is a large underage drinking situation in Iowa City. Regardless of reason for or against this unavoidable fact, let us look at a different approach to what this ordinance will do, without looking at the impact to the "bar scene" and "fun" of Iowa City. First, let's consider the revenue. Regardless of what type of cash flow is brought in by the out of town people purchasing alcohol, think about the amount of money spent at other establishments such as restaurants and other locally owned businesses downtown. Would enacting this ordinance significantly reduce the amount of people from out of town visiting Iowa City on any given weekend, let alone large ones such as New Years or the 4th of July? I believe it would be foolhardy to argue against this statement. I have no statistical data to back up any of my assumptions; these are just mere observations by an average citizen. Secondly, let's look at another foreseeable effect of this ordinance that has been rehashed over and over again. This is most easily stated as the possibility of this centralized "drinking location" of the 2-4 blocks of downtown Iowa City being spread out over the numerous housing locations of students in Iowa City. This includes but is not limited to centralized apartment complexes, family communities with many of the large older houses being owned by companies such as apartments near campus, or apartment's downtown, and smaller houses in the outlying community. Another fact that many overlook is the amount of Kirkwood Community College students that live in housing in Iowa City, as there is no student housing available. Facing the facts, college students will drink, regardless of where that's going to be. For many, it's a very rebellious time in their lives. It's the first time they do not have to adhere to parental control or discipline. Regardless of your upbringing, this is a very tempting concept. You have no one's rules to follow but your own, and the possible consequences of the judicial system enacted by the ICPD, but this is a barrier more than a few students are willing to push to the limit. I do know that there are many pressures on your council to make a decision quickly, to quall the city's long time residents, and satisfy the student body of both the University of Iowa and Kirkwood. I would ask, from one citizen to another that this decision is reached in a manner that is fair to all, as that is our constitutional right. I realize that as with any problem, not everyone can be pleased. I do appreciate the insight into this matter by the City Council, and the patience with the process. I do believe a solution must be reached in a timely manner, but please let it be a fair democratic decision, not one of dictatorship. Sincerely, 1 ~i Marian Karr ................ From: tk [Timmyky@mchsi.com] Sent: Tuesday, March 23, 2010 9:53 AM To: Council Subject: 21 only law I would like to voice my opinion about the upcoming vote of the 21 only law. I feel that making Iowa City a 21 only town is ridiculous. Our young men and women can join the military and die for our country, these kids can sign loan documents and be held responsible for a car loan, checking account, lease agreement; they can marry, divorce, start a business, and assume control of an ailing family members finances but they cannot walk into a bar? Society finds them responsible enough to own a handgun, drive a car, dispense deadly medicine in doctors offices and pharmacies but we cannot allow them into a bar to have fun with their 21 year old and above friends? The drinking problems will be pushed to the homes and apartments, back alleys and bushes. People will still be drinking too much, but the difference will be someone will die. Someone will wander home and nobody will notice the alcohol poisoning happening and they will fall in the shadows and lay there and die before someone will notice and be able to help. By allowing them to congregate downtown, those few- very few who do find ways to get served- have to navigate thru many friends downtown, trained bar staff, bouncers, university of iowa police, iowa city police, parole officers, and good Samaritans before they can get out of the downtown area. That offers many many many potential chances of people noticing that someone who has had to much to drink warrants extra attention and it will save lives. The bars and businesses downtown depend on those under age persons for the income. At the bars, underage people pay more to get in because they will not be buying booze. They purchase soda and snacks at the bars while they enjoy time with their of age friends. They support our community. They do not only support the bars you know. How many coffee shops, burger joints, restaurants, smoke shops and apparel stores do you think also depend on the $ that comes from these people under the age of 21? ALL OF THEM is the answer. Step up enforcement of the ban on under 21 drinking. But do not punish the responsible bar owners and their staff that are trying to honestly make a living. What will happen to all those people employed when '/z the bars close for lack of revenue? Nobody can afford to rent in the downtown area already. Prohibiting under 21 in bars will drive more house parties. It will cause more unchecked drinking. People will die. Businesses will close their doors, people will be out of jobs. The past city councils have proven to be anti business at all costs in the last 10 years. Will this one follow suit? Tim Kelly 214 E Market St Iowa City, Iowa 52245 319-325-6765 This correspondence will become a public record. 3/23/2010 Page 1 of 1 -~ Marian Karr From: Nancy Burgus [smalltown52601 @hotmail.com] Sent: Tuesday, March 23, 2010 12:41 PM To: Council Members of the council, I'm writing you regarding the proposal to deny those under the age of 21 access to public areas of downtown Iowa City. I am hoping you give this idea some real and serious consideration since it impacts many areas of your community. You are fortunate to have an abundance of young people in your community and have an obligation to keep them safe and provide the services of your community to enhance their experience in your town. I feel being able to seek company and entertainment in the establishments downtown is an assest that you should be hesitant to deny them. by being able to go downtown at night, they are supervised by the employees of said establishment and their fellow residents. They are not left to their own devices in private houses and on the street, where there is no supervision and maintance. I would much prefer my student was in a public place, where there is access to actual entertainment and events, than in someone's apartment without employees who are trained to assess situations and seek help if needed. You have the same drinking laws the rest of Iowa has, which limits alcohol use to those over the age of 21 years. If these laws are being upheld, that should be all the limitation needed. (Although I do think it ironic that we expect our 18 year old to serve the country, possibly being injured or killed, and we deny them a beer in a public setting.) I have a student attending the U of I and appreciate the opportunity he has to work in one of the downtown establishments. They are flexible with his schedule and supportive of his needs as a student. I'm grateful for the opportunity he has to mingle with other young people and earn a living in a safe and fun environment. I feel the university is dealing well with the issue of binge and underage drinking. Their education of students about this issue is progressive and first rate. I am surprised, that in this financial environment, the city would attempt to lose the revenue of the many establishments downtown who would be forced to close their doors if this resolution were to pass. If I was a business person in IC, I would be disappointed by the lack of support from the council members and wonder whose interest they were promoting. In conclusion, please remember that you are a college community and your "visitors" to your town will wish to have access to more than classrooms. thank you for your time and attention to this matter and I hope you make the right decision to continue to allow everyone access to all the wonderful experiences your community has to offer. Nancy Burgus former resident and current parent of students Burlington ,Iowa Hotmail: Trusted email with powerful SPAM protection. Sign up now. 3/23/2010