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HomeMy WebLinkAbout2007-10-16 Transcription #3 Page 1 ITEM 3 SPECIAL PRESENTATION. a) National Trust for Historic Preservation Award Bailey: Urn, Mr. Mayor, on October 4th at the Fitzgerald Theatre in St. Paul, Minnesota, the National Trust for Historic Preservation recognized the City of Iowa City as one of 21 award recipients for our response in, uh, the disaster recovery in light ofthe tornado, and for the public/private partnership that launched a prompt and effective disaster recovery efforts in the historic neighborhoods of Iowa City, and we were, um, on stage at the Fitzgerald and they showed this clip, and we brought it tonight so you can see.. . (PRESENTATION BEGINS) and tonight we have Mike Haverkamp from Friends of Historic Preservation and Tim Weitzel who's our Chair of our Historic Preservation Commission to present the award to.. . Wilburn: All right. Thank you. Do you want to add something? Haverkamp: Only that.. . that the National Trust recognizes, as Regenia said, only 21 winners across the country and we were one of them, and we were actually the smallest organization, I think, to get an award, so I think that it speaks well to the response of the City, the Historic Preservation Commission and Friends all working together to make that much happen in that short of time. Wilburn: And I just want to thank you all for making the trip up there, the work that was done by the Commission, by the community, the business uh partnering with Iowa City, and everyone working together. Thank, uh, Mayor Pro Tern Regenia Bailey for making the trip up there with you, and uh all the good work that you did. (applause) Bailey: I do want to say that we did bring programs back for you, and I'm always proud of our community, but that was a certainly a high point of pride that evening (unable to hear). Wilburn: Very much so. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #4 ITEM 4 Wilburn: Arpey: Stewart: Page 2 OUTSTANDING STUDENT CITIZENSHIP AWARDS - Weber Elementary Could the students from Weber Elementary please join me up front. Hi. Relax, guys, you look a little nervous up here (laughter). I just want to say, uh, thank you for the work that you've done. This Citizenship Award is a special time for the City Council and as well for the community and we always like to hear about the work that you've done to, uh, better improve your community, whether that's the neighborhood, uh, the school, or the community at large, and in some cases we've heard about projects that have impacted the country and the world. So, uh, again, this is important for, uh, I mean, we have an idea of what you've done, but uh, it's important for the folks present here and watching on TV and on the web to hear about the work that you've done. So let's hear what you have to say. There you go. Hi, my name is Meredith Arpey, and I am a 6th grader at Weber Elementary in Ms. Williams' class. I really enjoy helping in the Media Center during recess for Ms. Dixon and Ms. Vee, and reading with the Team 1 and Team 2 students. I'm a Safety Patrol Captain and I have participated in Conflict Managers. My favorite subjects are Social Studies with Miss Henry, Spelling with Mr. Wallhart, and Math with Ms. Williams. I do my best to follow the Weber core virtues. The core virtues include respect, compassion, responsibility, giving, honesty, self- discipline, and perseverance. My favorite volunteer job was volunteering at the Salvation Army for the Toy Drive. Outstanding.. .or outside of school I enjoy playing soccer with my team, the Iowa City Wizards. Thank you. (applause) Hi, my name is Analisa Stewart, and I'm a student at Weber Elementary School. At Weber we have core virtues, which are perseverance, respect, self-discipline, honesty, and responsibility. I learned about perseverance when I was a Conflict Manager. As a Conflict Manager, I learned to help kids to solve problems. This took perseverance so the kids could learn to solve their own problems and I didn't do it for them. Another thing I do is Safety Patrol. I'm a Safety Patrol Captain and have to make sure that people show up and get the kindergartners where they need to go. This job teaches me responsibility. I also do Media Helpers, where during lunch recess I go into the Media Center and put away books. This takes self-discipline to know where the books go. I will be participating in Student Council and will need to respect, will need respect for the other Student Council Members because everyone will have different ideas and will need to work together to come up with one good idea. I'm glad I have been able to learn Weber's core virtues when doing these activities. (app lause ) This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #4 Roskos: Wilburn: Page 3 Hi, my name is Andrew Roskos. I like to thank you all for this award. Here are some things that I do at Weber Elementary. I am in Chess Club. I get up at 7:00 A.M. on every Wednesday morning and I go to school and I learn how to play chess because chess is a fun game. I also play soccer for the team called the Tsunami's. We're pretty good. I like playing soccer because it is a fun sport and I am into it. I like playing on a team. I am also a School Store Manager. I like working at the School Store because I get to work with a lot of other kids and it's fun working there. I use all the core virtues - I am respectful to my teachers and classmates. I am also responsible and persevering in my work. I have been a Buddy for the last three years and I think it is fun. My Buddy this year is in Ms. Gebhart's class and his name is Jason. I am also a Media Helper and during our lunch recess we help Media people in the library, like help put away books. I like doing Media Helpers because I am a helpful with other people. I am especially helpful to my people in and teachers at Weber Elementary. Thank you again for this award. ( applause) Well, good job. And it's very clear that, uh, you all value the core values that you have at Weber, and I'm sure the school is very proud of you and it's important why they set those, they set those values, but it's important to have people like yourself that are actually doing things that demonstrate, um, what it means to have those values and principles. So good job! We've got, uh, an award for you tonight, and I will read off one. They all have your own name on.. .but they say the same thing. For their outstanding qualities of leadership within Weber Elementary, as well as the community, and for your sense of responsibility and helpfulness to others, we recognize you as an Outstanding Student Citizen. Your community is proud of you, and this is presented by the Iowa City City Council. Goodjob! (applause) This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #6 ITEM 6 Wilburn: Ferguson: Page 4 COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA). This is a time on tonight's agenda for the public to address the Council and their community on items that do not appear on tonight's agenda. If you wish to address the Council, please step forward to the mic, state your name for the record, and limit your comments to five minutes or less. And folks coming in will have to make sure to keep the doorway clear. There's still one or two spots available over here, or you can come along the side. Good evening, Mr. Mayor, Members of the Council. My name is Dick Ferguson. I'm CEO and Chairman of ACT, and I come here this evening as a supporter of the community and the Council, and a representative of.. .ofthe many employers in the northeast quadrant ofIowa City. So, I'm sure one of your favorite topics is, uh, what I'll be addressing briefly this evening, and that is what we believe to be the urgent need for a fire station in the, uh, northeast quadrant. Uh, I really do appreciate this opportunity to speak to you on that matter. Uh, as you know, I think by now you did receive a letter in the past week that was a result of our conversation with, uh, ten of the largest employers in the northeast quadrant, including ACT, uh, Pearson Educational Measurement, and many others in that area. Uh, we acknowledged and share with you again this evening the fact that we do represent a major tax base for the City. Uh, the ten employers mentioned alone that we were just a subset of the group there do represent, uh, taxes that we pay of $2.5 million each year, uh, very substantial amount. We have a payroll of over $129 million a year, purchase services of close to $60 million a year in the City. Uh, I guess the sum of that is simply to say we think we are a rather significant economic force in the City, one which I'm sure you recognize and value as much as we do, uh, your interest in seeing that we are essentially accorded good protection, both for fire certainly and for police. Uh, as employers who really have committed to grow with the City, we believe that our collective contributions, just tax alone, would suggest that it would be appropriate for you to be making a priority for protection of our employers, and of the investment that we have in property, and you know, the sum of it, the short of it is we think we really...it's overdue. That it is time for the Council to make a priority, uh, with the resources that it has available to it. We recognize that there are often demands that exceed what the revenue base is, but when it comes to the public health, the public safety and so forth, we don't believe there is room for negotiation or discussion on that. It's simply is something that needs to get.. .to get attention. Uh, I'm host this evening to ACT's Board of Directors who are in town. Many advisory boards, over 100 people, who represent, uh, the ACT organization and the work that we do nationally and internationally. We've chosen as an organization to make Iowa City our national headquarters, and we have grown enormously - I think you all know over the years, that's been true also of Pearson, as we become, I think, even This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #6 Page 5 increasingly a major part of the community and its economic well-being. So, from, uh, our perspective, the presence of that group who are meeting right this very minute in the Sheraton Hotel, uh, represents for us really a...a major commitment to the City and to the area, uh, one that I think is predicated on an assumption that there is a commitment the City also owes us to insure the safety of our well over 2,900 employees just among the ten companies that have signed the letter that was sent to you. So, we, and the many other employers in the northeast quadrant, really have been pretty silent up to now on the matter. We think it's probably time for us to speak out and say, uh, really the City does owe our staff the protection that is accorded virtually every other part of Iowa, so this is not just a matter of what the right thing to do. It's also the fair thing to do, uh, given the taxes that we pay, the contribution we make, we think, to the City's well-being, we urge you as Councilors as this issue moves forward in the coming, uh, funding cycle and so forth that, uh, you commit to essentially assuring that our employees have the same safety benefits that all the other parts of the City do, and I might add, it's not only the existing staff, but the fact that we are growing very rapidly in the area. Think you're well aware of that. So, uh, the investment we make is one that's going to continue to grow. I think it would be in the long-term interest of the City to insure that we have the protection that we desire. So, my plea to you this evening, my encouragement to you, is to not only make a fire station in the northeast quadrant a priority, make it a reality in the coming year. I thank you very much for listening this evening. Wilburn: Thanks for your comments. Ferguson: You bet. Karr: Could we have a motion to accept correspondence, please? O'Donnell: So moved. Correia: So moved. Wilburn: Moved by O'Donnell, seconded by Correia to accept correspondence. All those in favor say aye. Urn, opposed same sign. Carries 7-0. Stem: Yes, my name is Fred Stem. I address this letter to the Iowa City Police Chief and the City Council. I have lived at 402 Brookland Place, Iowa City as a homeowner and Professor at The University ofIowa since August 1983. Over the last five years, football Saturdays have become intolerable due to the many houses occupied by students/renters having loud uncontrolled parties starting as early as sunrise (in some cases earlier) and lasting until after the game (in some cases into the night). Public nuisances and disturbing the peace include: upwards of 50 persons per This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16,2007. #6 Wilburn: Stem: Wilburn: Stem: Wilburn: Stem: Wilburn: Page 6 party; loud obnoxious behavior; kegs and binge drinking; loud music; partying in the street and blocking traffic; public urination (many times in my own yard); disrespectful and insulting behavior; trespassing and property damage (many times persons crossing my yard and damaging my fence in spite of clearly displayed no trespassing sign on fence); and excessive parking on lawns. I have called police many times and asked for more frequent patrols and enforcement oflaws, which clearly are not being enforced. Police usually come after fairly long period of time at which time level of nuisance reduced temporarily, but returns to extreme as soon as police leave. I have talked with persons living in these houses only to be insulted with, to...only to be insulted or argued with. Many of these houses such as 516 Brookland Park Dr. and 402 Melrose Court are repeat offenders over many years. I should also mention that since this behavior is tolerated on football Saturdays, similar parties, albeit usually with fewer persons, are not uncommon on weekends. Here again I have called the police with similar results. Many of these houses appear to have many more unrelated persons living together than I understand is legal. Although my home was selected as an historical landmark in part due to the restoration work I have done, I am seriously considering moving, as it seems clear to me that my property value is being reduced considerably, compared to my assessed value, due to this situation and fact that Iowa City seems not to care. IfIowa City does not soon enforce the laws, codes, and regulations in the Brookland Park Neighborhood, my once safe and peaceful part ofIowa City will quickly disappear and the city will have an even larger problem on its hands. Thanks for your comment. Do you wish to submit your letter for. . . Yes I do. Okay, all right. Is discussion allowed? This is community comment time. It's a chance for you to address something the Council, um, since you're submitting the correspondence, uh, I suspect, uh, Councilor staff will, uh, respond to find out, offer any suggestions for you in following up with your complaint. If you wish to make a formal complaint, then staff will call our, our Acting City Manager will follow up with that, but this is a time for the public to... How do I make a formal complaint, because I definitely wish to make a formal complaint. You can contact the Assistant City Manager. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #6 Page 7 Stem: I guess I'm wanting something to happen, as opposed to just.. .I'm not happy to just come here and... Wilburn: You're bringing an item up tonight, and we can't have significant discussion about it because it's not on tonight agenda. There may be people who support your position. There may be Hawkeye fans out there who disagree with. . . Stem: I'm a Hawkeye fan! I have Hawkeye season tickets since 1983. I think that's not the issue. Wilburn: What I was getting at is ifit's not on tonight's agenda, then people who may support you and people who are against your position do not have an opportunity to comment. So what I'm offering to you as.. .get your, the City Manager will get your information. Council may chose to follow up with you. Ifyou...you said you want to make a complaint, and (unable to understand, both talking) Yes, that is correct. Stem: Okay... Helling: Yeah, I'll have a copy of your comments if you enter them into the record, and uh, you can contact me tomorrow if you'd like. Stem: Okay, thank you. Wilburn: Okay? Thanks for bringing it to our attention. Karr: Motion to accept. Vanderhoef: So moved. Correia: So moved. Wilburn: Moved by Vanderhoef, seconded by Correia to accept correspondence. All those in favor say aye. Opposed same sign. Motion carries 7-0. Does anyone else wish to address the Council on an item that does not appear on tonight's agenda? Slonnegar: Good evening, I'm Marybeth Slonnegar, and I'm here on behalf of a small cottage that belonged to Isaac Weatherby. Um, the house was built in the 1850's by an Irish immigrant, and um, Weatherby bought it soon after. Um, it's scheduled for demolition, um, Ijust heard about it last week and um, I came in from a trip and found out about it, and have been very concerned about it because I just published a book this year about Weatherby, and I wanted to, um, just tell you a few things about his importance to the community, urn, actually both nationally and for Iowa This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16,2007. #6 Page 8 City history. Um, he was one of the very earliest photographers in the United States. He got a camera within about two years after photography was, um, first announced in America, and uh, he.. .he came from Boston to Iowa City and he took the very earliest pictures of Old Capitol, the then State Capitol, and of the downtown, and um, he was also an artist. He considered himself an artist. He has done something like a thousand paintings that are in various collections in the United States, including the New York Historical Society, the Fruitlands Museum, some museums around Boston, in Des Moines, the Putnam, Iowa City, um, so many, many, um, portraits that he did. His collection of 1,450 glass plate negatives are in the State Historical Society, and just this week at a program at the, um, Historical Society, his great-great-granddaughter came and donated a print that he had made of the Lincoln Memorial Service on the steps of Old Capitol, and urn, his little home at 935 Market Street is, as I say, has a demolition notice in the window. Um, I approached the owner and asked if, first of all, if I could, um, buy the property. He is not interested in, um, having just bought the property, he's not interested in reselling it. I asked him ifhe would consider moving the property, or my moving the prop.. .the home. He said he would, at a verbal agreement over the phone, and um, that would save him, um, landfill costs, so it would be to his benefit, and it also would keep the materials out of the landfill, if the house were moved. Um, the problem is time, so I'm asking Council ifthey would consider putting a stay on the demolition, until first of all perhaps it can be moved, and also so that the Historic Preservation Commission can do a review of the house, because at this point, none has been made, and um, um, also some considerations. It's very hard, as you all know, to find property in Iowa City, and one thing that was suggested to me today is that, urn, the question of whether it could be moved on some City property, um, similar to the Fur Trading Post, like in City Park, and urn, I came back with what about if it were moved to Weatherby Park? Um, it could be, uh, a little building that might serve some purposes in, on public property. Sorry? Um, so, um, those are some considerations, and urn, I just respectfully request that, urn, that a stay could be put on the property until a few things can be investigated, and perhaps it could be moved, before it's demolished. So, um... Wilburn: Do you have something written that you want to submit, or... Slonnegar: I just have verbal notes. I just found out about this about an hour ago, so, urn, urn, I could submit something, but I don't have. . .have anything ready right now. Wilburn: Okay. I'd recommend you type something up. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #6 Page 9 Slonnegar: Something submitted, right, okay I'll do that for you. Okay? Any other questions, or. . . Bailey: Eleanor, what kind of latitude do we have with something like this? I mean, is it just up to the property owner, or. . . Dilkes: No. We'll have to look and see what the circumstances of this house are. I don't know ifit's in any kind of a historical conservation district, or not. Wilburn: Let's have her submit something, and then we'll follow up. Again, for prior reasons - it's not on tonight's agenda. Slonnegar: Right. Okay. Thank you. Wilburn: Anyone else care to address the Council on an item that does not appear on tonight's agenda? Kelly: Good evening, Mayor, Members of the City Council. I am Betty Kelly. I'm Vice Chair of the Senior Center Commission and I'm here to report on the Senior Center. As you know, we have tried to reach outside of the Senior Center. Two things that we have done lately are the Memory Course that has appeared in Hills, North Liberty, Coralville. It's been very popular and will be repeated again next spring. And we have had a canoe trip down the Iowa River, which twelve people enjoyed. We also had eleven people that did a trail ride, horseback ride. It's a little beyond me right now. We are getting ready for our pre-Christmas holiday sale and auction, and we have a number of items that. . . that have been presented, and the sale is November 8th and 9th from 5:00.. . from 8:00 A.M. to 5:00 P.M. If you watched the last homecoming parade, you probably have seen our remarkable drill team perform. They did a very good job this year, and they're going to be at two basketball games as the interim entertainment. We also have instituted a bread giveaway, courtesy of New Pioneer and the Bake House, and we have over forty people that have used the facilities, low-income people, and you know, getting something free from New Pioneer or from the Bake House is quite an achievement! Another thing that we are doing that is very interesting is the fact that we've had a number of complaints that we don't have enough after-hours activities. One of the reasons for that is we are a little short of staff, and uh, unfortunately you haven't approved us additional staff, so we are trying to institute a volunteer program, so that we can have someone there. It is not feasible due to liability to just have people corne and go without any reason. So we will be talking about this in the next few months. Do you have any questions for me? Bailey: How many people attended the Memory Course? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #6 Page 10 Kelly: What? Bailey: You gave numbers for the other attendance, and I was just curious about the Memory... Kelly: They varied all the way from fifteen to twenty, and they were in Oxford, Lone Tree, Solon, Swisher, Tiffin, and Coralville. Bailey: Okay, thanks. Kelly: I don't know about you, but I need a memory course! (laughter) V anderhoef: You remembered that! Kelly: What? V anderhoef: You remembered that! Kelly: Yeah! Any other questions? Wilburn: Thanks for your comments. Kelly: Thank you. I also want to congratulate the Historical Society for their win. You may not know that I spent three terms on the Historical Society when it first started, so I have a vested interest! Wilburn: Anyone else? Loomis: My name is John Loomis. I've owned a house in Goosetown for twenty- eight years, and I, uh, compliment the City, the neighborhood's still stable, and it's a good neighborhood. Uh, but one significant change in the last three years has been the proliferation of dogs in the...I would just like to make a request that, uh, maybe the management, or the manager could change the policy slightly. When I have submitted complaints to the Animal Control people, they... they deal with the dog and they deal with the owner of the dog, but not the owner of the home, and I would like to, since there's so many renters in the neighborhood now, I'd like to ask that maybe the manager change the policy to notify the owners of the homes, as well as the tenants, that there's a dog problem. 'Cause there's an increasing number of dog incidents in the neighborhood, and so I would just like to see that the owners become involved in the problem as well as just the tenants. Vanderhoef: Could you describe the incidents? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #6 Page 11 Loomis: Just the normal things you'd expect, dogs offleash, increase in dog waste not being picked up, there's a parking din quite often, those kinds of things. Vanderhoef: Thanks. Wilburn: Thank you. Anyone else care to address the Council on an item that does not appear on tonight's agenda? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #7 Page 12 ITEM 7 PLANNING AND ZONING MATTERS. a) CONSIDER AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 45.04 ACRES OF PROPERTY LOCATED EAST OF CAMP CARDINAL BOULEVARD AND SOUTH OF KENNEDY P ARKW A Y FROM INTERIM DEVELOPMENT - OFFICE RESEARCH PARK (ID-ORP) ZONE TO MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL (RS-8) ZONE WITH A PLANNED DEVELOPMENT OVERLAY (OPD-8) ZONE FOR APPROXIMATELY 33.69 ACRES; INTERIM DEVELOPMENT SINGLE-FAMILY RESIDENTIAL (ID-RS) ZONE FOR APPROXIMATELY 9.32 ACRES, AND INTERIM DEVELOPMENT OFFICE COMMERCIAL (ID-C01) ZONE FOR APPROXIMATELY 2.03 ACRES. (REZ07-00011) (PASS AND ADOPT) Bailey: Move adoption. Vanderhoef: Second. Wilburn: Moved by Bailey, seconded by Vanderhoef. Discussion? Roll call. Oh, that's right. I'm sorry. Uh, any Council Members who have any Ex Parte communications that they need to disclose at this time? Nope. Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #8 and #9 ITEM 8 ITEM 9 Wilburn: Bailey: Wilburn: Smith: Page 13 GRANTING TO MIDAMERICAN ENERGY COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF IOWA CITY, A NATURAL GAS SYSTEM FOR A PERIOD OF TEN YEARS, WITH A TEN YEAR AND FIVE YEAR RENEWAL THEREAFTER, TO FURNISH, DELIVER AND SELL NATURAL GAS TO SAID CITY AND ITS INHABITANTS. GRANTING TO MIDAMERlCAN ENERGY COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND FRANCHISE TO ACQUIRE, AN ELECTRIC LIGHT AND POWER SYSTEM FOR A PERIOD OF TEN YEARS, WITH A TEN YEAR AND FIVE YEAR RENEWAL THEREAFTER, TO FURNISH, AND SELL ELECTRIC ENERGY TO SAID CITY AND ITS INHABIT ANTS. 9b)PUBLIC HEARING (CONTINUED FROM 10/2) We are continuing public hearing from, um, October 2nd. And, um... for the public hearing, yeah (several talking) Okay so we'll open, reopen (pounds gavel) continue, I guess. Continue public hearing. Uh, I will point out, Council had... there was a request of Council and some Council Members asked last time if, um, two points in the proposed agreement would be considered. One was, uh, a language change that would, after, uh, the set periods to, rather than have the Council consider, um, opting out of the agreement, that the Council would have to opt in, and the second would be a, urn, change in the, uh, period from ten years and five years, to five years, ten years and ten years. Uh, I did over the weekend have a conversation with a representative from MidAmerican about whether they would consider either, or both, of those changes, and, uh, as of the work session yesterday, uh, it was my understanding that they would not consider that, and uh, those types of changes would, um, require, from their point of view, going back to negotiations. Is that fair? Okay. Would they consider going back to negotiations? Um, I believe that was expressed, yes. So, with that said, that's the information from Council. Is there anyone who wishes to speak to the public hearing? This is for both gas and electric. Good evening. My name's Terry Smith, and on behalf of MidAmerican Energy's negotiating team, that worked to reach the tentative agreements before you tonight, I ask that you move forward and approve these agreements. We appreciate the eleven months that Council Members Bailey and Vanderhoef, along with City staff and outside counsel spent in the negotiating a mutually beneficial franchise agreement. While there are This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #8 and #9 Page 14 strong and divergent opinions upon this agreement, I want to focus tonight on what we can all agree upon. We all agree this is a local community issue, of which one-third of the voters in 2005 expressed interest in pursuing a startup municipal electric utility. We all agree that two-thirds of the voters in the 2005 City election cast a ballot against forming a startup municipal utility. In Iowa City, it is customary and generally expected by its citizenry that the community representatives, yourselves, represent the majority of the opinion of the voters, even ifit differs from your own personal view. We all agree the proposed franchise agreements will prevent the formation of a municipal electric utility for a period of ten years. We also agree that the agreements do nothing to prevent those interested in pursuing public power from continuing their pursuit in gathering detailed and hopefully accurate information. We all agree that since the debate started in 2001, little has changed. Electric rates haven't changed. MidAmerican Energy's employees, its service, particularly following the 2006 tornado and ice storm-blizzard as a one-two punch, has been excellent, and the popularity of the company's energy efficiency programs is strong. We all agree and expect another spirited debate and a lengthy one, I might add, will resume when the startup municipal utility electric supporters encourage the Council to terminate the franchise agreements, which the franchise does permit them to do, beginning in year eight of this agreement. We all agree MidAmerican Energy has a long- term community partner - to Dee and Regenia's credit, these agreements hold MidAmerican more accountable to the community through its disclosure requirements in Section 12, in the Natural Gas Agreement, and Section 14 of the Electric Agreement. MidAmerican will provide annual community benefit reports to City Council for public disclosure. MidAmerican has been a good corporate citizen, before the franchise agreements expired, during the last six years without a franchise agreement, and we will continue to be a good corporate citizen. It's the right thing to do, and it's an important thing when we come before you with this issue again in the near future. We all can agree that helping to protect the environment is a very important issue. We all can acknowledge MidAmerican Energy is the nation's leader in ownership of wind turbines, among a regulated utility. We all agree the City wants to do its part in developing renewable energy options. Section 21 of the Electric Agreement requires MidAmerican to participate with the City. MidAmerican has provided a long-term proposal for the landfill to turn methane gas into electricity, at no cost to the City, while creating a new revenue source. The ten-year term and the termination options of this agreement are fundamental to that proposal. We all agree that bond ratings are extremely important. Last night in the work session I remember considerable discussion about that for the City. The City's Counsel, Ivan Webber, made the point that franchise agreements benefit a utility because the, uh, because the bond rating.. .rating agencies view franchises positively. Just as bond ratings are important to the City, and This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #8 and #9 Wilburn: Kubby: Page 15 its economic vitality, MidAmerican's bond ratings are equally important. Approving this franchise agreement will help maintain its bond ratings, which will help stabilize electric rates for the future. I could go on for some time, but after six years, I believe all sides of the debate have been heard. The fact is, the debate over public power has been decided by the people. The answer was "no." To recap, approving these franchise agreements provides the following: a great renewable energy project offered to the City at its landfill site; security for MidAmerican's bond ratings to help keep rates low; transparency in the community because MidAmerican will provide annual community benefit reports to the City; public power supporters time to monitor the Iowa Utilities Board activities and community results; stability for MidAmerican Energy to invest in wind energy; and authority to a future Council to consider its options in just eight years. Tonight, we ask that you approve the first reading of the proposed agreements. Thank you. Would anyone else care to speak to the public hearing? Good evening. My name is Karen Kubby, and um, I appreciate Terry's perspective that this discussion has been going on for a while, because he's been part of the negotiating team, but there's a process place that we get stuck in, in that the community - those of us who can show up at a public hearing to speak to the results of the negotiating process - haven't been part of the process, so this was, last week was the first time you got to hear from various aspects of the public, different voices about what might be done. If you take the argument that this has been going on for eleven months, and you should go forward, it means that public hearings have no value. And that's not fair to the public. You can make a conscious decision that what you heard at the public hearing wasn't viable from your perspective. That's a different thing than just saying it's gone on so long and you should respect that.. .the results of that process, but the process isn't over yet. Tonight is the second public hearing, and so, um, I really believe that it is a, that the specific change I think I am the most interested in is changing the "may terminate" to "may continue" because I believe, I mean, I appreciate the stepping stones to MidAmerican having a good bond rating and that might affect rates, um, if they don't have as good of a bond rating, but that's.. .rates are not part of this discussion, as MidAmerican has said, that that's their interest. Your job is to take care of the public interest, and I really believe that making a conscious effort to continue the relationship that's of such an important set of matters is in the public interest, and would encourage you to go back to the bargaining table to talk about the "may continue" language and in talking with Terry the other night, he was saying it's not as easy just to take the "may terminate" and put in the word "continue" because of some other sentences need to flow differently. That's something that the lawyers can take care of. I don't feel like it's my responsibility to figure those details This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #8 and #9 Wilburn: Small: Wilburn: Small: Wilburn: Duncan: Page 16 out, urn, but I do hope that there will be at least four of you to go back to the negotiating table about that particular matter, at a minimum. Thank you. Thank you. Uh, we've heard, uh, from a representative from MidAmerican and someone speaking, uh, not necessarily against, but asking for us to continue something, urn, not accepting the current franchise in its form. I want to make sure I give an opportunity for someone who, urn, did not have an opportunity to speak at last, uh, last meeting, the last public hearing, to come forward before we take any more comments. Is there anyone who did not speak at this public hearing last time who would like to address the Council, and the public first? It's the honor system! (laughter and talking) Did you speak last time? No, I did not. Okay, please state your name and... My name is Peter Small. I'm a resident of Iowa City. Um, and I'll be very brief because I already sent you, uh, an email, uh, to all of the Members of the City Council regarding this. I, um, simply want to state my support for the, uh, language that would require both parties to, uh, have to agree to continue the, uh, agreement. I think that that, um, I think that that makes sense, and um, uh, I don't think...I think whatever changes need to be made to the City ordinance, or to the agreement itself, should not be that difficult to put into writing. Urn, I also, um, quite frankly would support the idea of limiting the franchise to five years. I think, um, there's so many changes in both the, urn, uh, in both the energy market, um, means of providing, supplying energy. I think, um, that it would behoove the City to, urn, to not lock itself in, and I also do agree with what Ms. Kubby said regarding the need to allow for a great deal of public discourse, and you know, as somebody who was part of this, 1.. . somewhat on behalf of the public power organization, 1...I only have to comment that MidAmerican in its campaign outspent the public power people by, I don't know, ten to one at least or something like that, so that obviously is a factor in elections, as we all well know. So, anyway, um, thank you for allowing me to state my opinions. Thank you. Thanks for your comments. Is there anyone else who did not have an opportunity to speak, or did not chose to speak at last public hearing and would like to speak now? Good evening, Mayor and Members of the City Council. I'm Mary Duncan, the new Executive Director for the Iowa City Summer of the Arts, and I simply wanted to share with you the community support that MidAmerican has shown to our organization, and the umbrella This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #8 and #9 Wilburn: Welsh: Wilburn: Welsh: Wilburn: Welsh: Wilburn: Welsh: Page 17 organizations under, uh, Summer of the Arts for many years, and I have a letter here from our Operations Chairman from our Board of Directors, Bob Goodfellow. He wanted to submit this, so... Thank you. Anyone else.. .uh, Bob, I believe you did speak last time. Not on this issue. Okay, all right. You just looked familiar! (laughter) And please, state your name for the record. My name is Bob Welsh. Thank you. Uh, I guess I came with a question. You may have answered it. Is the only options that the Council have to approve or disapprove, or refer for further negotiation? If. . .if, uh, if a majority of Council wishes to, and MidAmerican agrees to go back to discuss, I believe that's still, that's always an option, correct. Then I would urge you to take that option. Um, let me point out to you that, uh, uh, I think what Terry Smith said, a lot of it was true; some of what he said - we all agree on certain things - is not true. I do not believe the referendum had anything to do with the length of franchise of MidAmerican. Now I could be wrong, but I don't think that was what citizens voted on. I think what was said during that, uh, campaign was that there was not sufficient evidence to support the fact. What we do know as fact I think we would all agree is that there are hearings scheduled for the Public Utilities coming up in shortly, uh, I gathered in November, although it'll probably drag on for a year or two, because utility companies don't want to lose, uh, a very profitable business. So there are changes, and as said, this is a very fluid and dynamic industry, and changes are being made, and that's why I think it is in the best interest of the citizens for you not to approve this franchise, and to go back to either renegotiate or just continue to operate without a franchise, uh, I have some respect for Karen Kubby, but I do disagree with her. I would, uh, hope that you would not only change the "may be terminated" to "may be continued," because it takes a positive action, rather than a passive one, but I think that, uh, in our culture at this time ten years is too dog-gone long, and uh, I was very pleased, uh, when I picked up the paper this morning to read the editorial in the Press-Citizen, uh, and would urge you to consider that. Uh, at the public hearing two weeks ago, what I heard and I heard a letter again today from the Summer of Arts that the reason why a franchise should be granted is because MidAmerican is a good This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #8 and #9 Wilburn: Boos: Wilburn: Boos: Wilburn: Boos: Page 18 corporate cItIzen. I guess I expect not only MidAmerican but every business in this community to be good corporate citizens, and that's not what we're talking about. We're not talking about whether or not MidAmerican is a good corporate citizen or not. I happen to think that they are. That doesn't mean that I think that it's in the best interest of the citizens of this community to lock this community into a franchise such as before you. Thank you. Thank you. Is there anyone else who did not speak at the last public hearing, before I open it up for anyone, that would like an opportunity? Okay. Yep. I believe the last speaker made some... Sir, please state your name for the record. I'm sorry, did it again. Did it last week. That's all right. My name is Bill Boos. I believe the last speaker made some quite cogent and very moderate points, and I hope you consider them. I suggested two weeks ago that there was an aspect of haste, despite the many months of negotiation, to the way in which this issue is being presented to Council and to us, and I'd like to elaborate that a bit. There are two aspects of it in my view - one might be called in a bad pun, the utilitarian. The other having to do with something like political ethics. The utilitarian questions have just been very well addressed. They essentially reflect a sense, I believe, on many of our parts that something is being put on rails, with the understanding that when it has a certain inertia, it'll be very difficult to deviate from those rails. This is part of politics. I think we all know this is relevant. I believe, well of course I didn't know this before coming in tonight, that the refusal to consider middle positions is a mistake on MidAmerican Energy's part, though an understandable mistake, and I hope that you will therefore consider any polarization in the matter that occurs not to be coming from us, the malcontents so to speak, but also from them. As for other aspects of what I call the haste, I pointed out last week and this caused one of you quickly to remind me correctly that Mr. Smith is a good citizen. Not only is the corporation a good citizen, but he is a good citizen. I believe that's not the point. The obvious rough inference many people I think would be entitled to draw from the waY:' this thing has gone, as I suggested last time, is that something is being done as expeditiously as possible to get it in under the wire, and I mean that in two senses. Either Mr. Smith will be elected to the Council, or he won't. Ifhe is, then he will have achieved one of its primary aims before he would be barred from negotiating for MidAmerican Energy. That's rather obvious. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16,2007. #8 and #9 Wilburn: Hansen: Page 19 None of this suggests any kind of illegitimacy or illegality, but it does say something about motivations. Or perhaps he won't be elected to the Council, in which case the Council might find itself somewhat recentered. That's not an impossibility. And in that event, the Council, the newly sitting Council will... will be facing roughly speaking the equivalent of a recess appointment. They will have, uh, a situation in which they cannot change a decision made before they.. .made a month.. .before they were elected.. . for ten years. And I think you should take that as very serious possible objection to the.. .to the proposition that Mr. Smith has put forward as they have defined it and as they have, I think, further clarified it in what we heard tonight. A somewhat different and irreverent point to finish what I have to say - I sometimes wince when I hear the phrase "corporate citizen." And here I of course would agree that local companies should be in some sense invested in the community in a good sense, but also corporations may be legal persons with limited liability. The phrase exists in almost every language, which describes corporations, and you are citizens - I am a citizen - Mr. Smith is a citizen. I have never seen a corporate citizen. I think it's a metaphor that perhaps we could do without. Responsible corporations managed by responsible people, I have no quarrel with. So, thank you very much. Thanks for your comments. Anyone else care to address the Council at public hearing? My name is.. .my name is Peter Hansen. Uh, Mr. Smith referred to the referendum as if it were a vote between two choices. On the one hand, public power; on the other hand, a franchise. And that was not the case. Some of you may recall that there were efforts made to put a second question on the ballot, and the second question would have involved a franchise, but that effort was stopped, and I believe it was stopped by MidAmerican Energy. So the voters were not given the opportunity to vote on whether or not they wanted a franchise. Bob Welsh referred to the, uh, editorial this morning in the Press-Citizen, which is a, in which they gave a consensus view of the editorial board, and I just want to read a few sentences, mainly for the benefit of the, uh, audience. I think probably the City Councilors have seen this. The very first sentence read.. .reads, "It still doesn't make any sense for Iowa City to grant MidAmerican Energy Company anything longer than a five-year franchise." Again, it still doesn't make any sense for Iowa City to grant MidAmerican Energy Company anything longer than a five-year franchise. A little later they state, "MidAmerican officials come at the issue from the perspective of, 'Why shouldn't the City give MidAmerican a franchise?'" But the editorial goes on to say, "The burden of proof remains on the company to explain the benefits to the City." And looking over the franchise agreement, uh, you know, talking.. . allowing a franchise fee and trimming trees according to national standards and providing us a This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16,2007. #8 and #9 Page 20 list of their philanthropic gifts and so forth, uh, there's just nothing there substantial. So I would ask you to, uh, reconsider, and at a minimum go back to the drawing boards and change the, uh, "may terminate" to uh, "may consider," and uh, shorten the twenty-five years, which is the longest allowed by law. Ifit were twenty-six years, it would be illegal! Shorten the term from twenty-five years to five years, as the Press-Citizen suggests, or perhaps ten or fifteen. Thank you. Wilburn: Thank you. Would anyone else care to address the Council at public hearing? Okay. (pounds gavel) Public hearing is closed. 8b)CONSIDER AN ORDINANCE (FIRST CONSIDERATION) O'Donnell: Move first consideration. Wilburn: Moved by O'Donnell. Vanderhoef: Second. Wilburn: Seconded by Vanderhoef. Discussion? Champion: Well, I'm very much in favor of the language change at the end of the nine year period. Um, and so I'd like to see us go back to the negotiation table to talk about this. If we can corne up with some kind of language that makes it an effort for the Council to continue this franchise, I'm willing to give them their ten-five-ten or whatever it is, um, I'm totally willing to support the twenty- five year franchise, with that minor language change. I'm...I don't understand why that's so difficult to do. So I'm suggesting. . .if anyone else agrees with me. Correia: I agree with the "may continue" and I'm also interested in renegotiating around the term, and.. . and either switching to five-ten-ten or.. .or urn, the, or having the first term, um, be related to when our rate freeze expires. I think what we hear most from citizens about is related to rates. We don't have any.. . any uh, any.. .we're not able to put rates into the, um, franchise agreement, but I think if we are, 00, renegotiating a franchise agreement around the time when they're determining new rates, I think that may be a better bargaining position for the City, urn, and for our citizens. And so that's at seven for the first year, for the first term, um, I'm interested in considering how we can take our citizen interest about rates, somehow factoring into our, um, renewing the franchise agreement. Wilburn: Um, Connie, in response to your question, I would have to say, um, there are conditions where I would support a twenty-five year agreement. The language change to, and I'd have to check with legal, but the language change to "may continue", urn, in my mind that probably makes it a ten- This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16,2007. #8 and #9 Page 21 year agreement as opposed to a twenty-five year agreement. So I wouldn't support that. But I would support, urn, a twenty-five year agreement with a reconsideration of a review period, that being as existing it's ten-ten-five, but I would consider the five-ten-ten. MidAmerican still gets the twenty-five year agreement, but it allows...it allows a period of review of a contract, urn, I would ask, uh, for those companies and citizens who are supportive, uh, of it as is, um, other than a franchise agreement, what time of contract your businesses enter in that are longer than five years. You know, at least without some... Champion: Clarify for me, you're saying you want, you could accept the agreement if it said five years was the first. .. Wilburn: Five, and then ten, and ten. Champion: Then five, ten, ten. Wilburn: But not changing to, uh, shall continue. The pro. . . the language that's being suggested is that it's being, that it takes an effort to stay in, and.. . and uh, I'd have to ask Eleanor, but in my opinion, that change would make it a ten-year, and is that the net effect of that or would you need to think about that? Dilkes: No, I think that if you have "may continue" language, then you have a franchise that terminates at your.. .some action by the City Council. Wilburn: Right, so I'm willing to, in an effort to support, um, you know, their concern about.. . about uh, you know, bonded and that type of thing, with a twenty-five year agreement, if the terms are five-ten-ten. It would take, uh, an action of the Council to terminate it at those periods, but it still gives a chance for review, um, it gives them some stability, uh, I don't think there's a, uh, the City often enters into agreements or writes letters of support that, uh, doesn't necessarily end up in a 50/50 benefit. They get half, we get half, but to, you know, to support that, uh, that, uh, I guess a business-friendly environment, but um, um, but I think just in terms of observing what's going on in the, uh, in the energy industry, um, and just a...a long-term contractual agreement that some period of review, and I don't, in my opinion, um, that.. .that five-ten-ten, as long as, um, the overall effect is a twenty-five year agreement seems reasonable to me, in my opinion. Other Council Members? Champion: I could probably agree with you on that. I suppose if I get either one of those I could support the franchise agreement. Wilburn: Other Council Members? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #8 and #9 Page 22 Elliott: I have...! have several friends who have spoken against this. Uh, one of whom I talked with at length, and I said I could support...1 could support the two changes, uh, I can support it the way it is. It's no (coughing) excuse me, it's no big deal to me. 1just don't want to take any more time. We just had a primary election in the city, where 7% of the registered voters vote. Two years ago, the citizens of Iowa City had the opportunity to vote how they felt about public power. Almost 30%, 29.3% voted against it, and uh, that's just an overwhelming vote. 1.. .I've lived in this city for more than forty years. I think I know a lot of people. Most of the people with whom I spoke, who were going to vote against public power, understand that you cannot have a utility like gas and electric, without having a multi-year agreement. It just isn't possible. I'm...! just say, those people who are against public power, the people voted. Get over it. Let's move on. We've diddled around with this for two years. It's time to get on with things. So, if MidAmerican wants to change to the.. .two things that Karen suggested, that's fine with me. If they don't, that's fine with me. Let's get on with it. I'm tired of listening! Wilburn: Other Council Members? O'Donnell: Well, I don't know about diddling around, Bob, (laughter) but I support the ten-year agreement, and I don't support the language change. I believe that 70% of the voters that voted against, uh, public power did that because they.. .they recognize the quality, reliability, and dependability of MidAmerican. Um, we're looking at.. .at employees who are union employees, who live, work, and spend money in our community. Uh, I think by supporting this as it is we are representing the people that voted in the community. So I do support the ten-year and no language change. Wilburn: Dee or Regenia? Champion: Ten year.. .oh, you're talking about what? Ten... O'Donnell: The ten-ten-five. Champion: Okay. Bailey: Well, I was on the negotiating team as you know, and after listening to this language change, I'm very interested in going back and seeing what we can do with it, because I think it. . . better positions, future Councils to make an affirmative decision to continue the relationship, and I think that that's an important position to put on our future colleagues, and I think it's a, it would be a stronger, stronger position for the City. So I would like to, I would like to go back and just see what we can get, and why this seems to be a language, why this language seems to be a problem. I mean, if everything is going well, what does MidAmerican have to fear? I mean, if This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #8 and #9 Page 23 we are continuing to reflect public sentiment, or if, um, the relationship continues to go well, I don't know that that should be concerning to them, so I think that we should.. .we should try to get this language changed. I think it would better position us, and that's our responsibility fundamental. Wilburn: Dee? Vanderhoef: Well, Regenia, I have to disagree. I think it's six one, half dozen of the other. Uh, on the language. Either way, it takes action on the part of the Council to either terminate or to continue. To go back to the negotiating table, I think, is a delay kind of tactic. I feel somewhat like Bob that, uh, this has gone on a very long time. I think many of the things that the people are asking for are truly things that they need to be talking to their State Legislature, and, uh, the Rules Committees of the IUB, the uh, Utility Board. So, we have language in the agreement that with any kinds of rule changes or State Code changes, we can activate and make sure that our franchise agreement follows those changes. It would be the law, but it gives us the option to sit down at the table and make sure that both sides, uh, of the franchise group understands what, uh, the changes are, if they come about. So, I'm okay with the franchise as it has been written. I would look more in terms of a ten- five-ten in that that more coincides with, uh, the rate change, uh, possibilities in, what is it? 2013, I think, was the last date that I heard. Anyway, five would be shorter than.. .than what we, um, might want, because we wouldn't have the negotiating at that point, but I can go with the way it is now, or I could go ten-fIve-ten. Wilburn: Well, if we take the vote now, uh, it would end as presented. Um, so is there someone.. .go ahead. Correia: I'd like to make a motion to amend this resolution.. . ordinance to... Wilburn: You may not be able to. Dilkes: I'm not sure amendment in this case makes sense, because it's got to be an agreed to ordinance. So, you can't just amend it unilaterally. Wilburn: I recommend...1 would recommend, um, amending it, or directing Council to, uh, go back to negotiations. Terry, do you want to... Smith: Yeah, if I could have a moment, perhaps just to address the points made and.. . (several talking) Wilburn: I'm sorry? Karr: Did you withdraw your motion? Or is there a second on the motion on the floor? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16,2007. #8 and #9 Page 24 Wilburn: There's a motion.. .could you please restate your motion. I'm not quite sure you finished it, but please restate your motion. Correia: Okay. So, attempting to amend (laughter) a motion to amend, or a motion to go back to the negotiating, and I'm not sure what. . . Dilkes: I think that would be a motion to defer. Correia: Okay. Champion: Oh. Correia: Okay, motion to defer, and go back to the negotiating table to consider language change from "may terminate" to "may continue" and to reconsider, uh, the.. .the order of the period of time. Wilburn: Motion to defer until when? Champion: Second. Correia: Until the... Wilburn: To defer indefinitely.. . okay. There's a motion to defer indefinitely, uh, with those conditions of negotiation by Correia; seconded by Champion. Uh, discussion? Bailey: I think this.. . for those of you who are concerned about the delay, Ijust want to point out that most of the delay was not on our.. .on our end. Um, I think this could be done very quickly. L I think that, urn, MidAmerican is probably prepared, um, obviously prepared to hear this, so I think it can be done very quickly. Champion: And I hope so. Bailey: .. . concerned about that. Champion: I hope so. Um, I do see advantages of a franchise, just by the Press- Citizen editorial. Ijust want it to be more on my terms. Bailey: I always want things more on my terms. (laughter) Wilburn: Since this, uh, involves, um, a vote on a negotiated agreement, um, to date, or the proposal anyway, uh, I'm going to go ahead and allow, since MidAmerican is who we have this tentative agreement with, to address the points that came up. Go ahead. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #8 and #9 Page 25 Smith: I'd just like to say, we understand your points and your issues. Urn, we.. .we have prepared this language that we think believes accomplishes what you're intents are with changing, uh, "terminate" to "continue." The draft language would be agreeable to MidAmerican, uh, to replace the current language in both the electric and gas franchise agreements, and I'll just read one of them. They're virtually exactly the same. The City may continue this franchise by resolution adopted more than one, but less than two years, prior to the tenth anniversary of the effective date of this ordinance. In the event the City Council does not adopt such a resolution, the franchise will terminate on the tenth anniversary of the effective date. The City may continue this franchise by resolution, adopted more than one, but less than two years prior to the twentieth anniversary date, uh, of the effective date of the ordinance. In the event the City Council does not adopt such a resolution, this franchise will terminate on the twentieth anniversary of the effective date. Ifboth such resolutions are adopted, the franchise will terminate on the twenty-fifth anniversary of the effective date. So this proposed language provides what I've heard tonight as requested from Council, which is a ten-ten-five term, with a requirement to. . . for MidAmerican to come before Council, if you will, and for Council to act, I guess I should say, to continue the agreement. Champion: Thank you, MidAmerican. Smith: Thank you. Wilburn: So, Eleanor, can you. ..urn, put that in English for, you know, the, just so we're clear on what we're... Dilkes: I think that, um, MidAm has indicated their agreement to this language, and therefore, you could amend the ordinance to replace the duration language with this language, and proceed to vote on the ordinance. Correia: But with a ten year first, not the five year. Champion: I think that's okay, because I think...I personally think the ten-year is actually better than the five year. I would have gone with the five year, because, uh, we're going to have some hearings coming up with public, other people who are starting public utilities. I find it difficult that you can really organize a public utility enough to put before voters in less than that time. I mean, they can start in the eighth year, is that right? So, I'm actually very comfortable with this language now, and I'm willing to vote on this franchise. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #8 and #9 Page 26 Correia: So. . . this, the... um, give me the, Eleanor, the may continue by resolution adopted more than one but less than two years prior. So if this resolution goes into effect this November, or whenever we would. . . Dilkes: Essentially.. . essentially what it does is instead of the Council having to terminate the agreement if it wants a ten-year franchise, it says the...it is a ten-year franchise unless the Council considers it. Correia: Right, but no, no, I, but what's our, so we adopted in 2007. . . the first ten year expires in 17. We can start the new.. .more than one but less than two years prior, so that would be... Dilkes: Right, so between the eighth and the ninth year. Correia: . . . fifteen, we have a rate freeze that ends on the 13th. O'Donnell: So; can 1.. . Champion: We still have a motion to defer on here. O'Donnell: I made first consideration. Can we do first consideration? Karr: You have a motion to defer. Wilburn: There's a motion to defer which takes precedence. Dilkes: . . .motion to defer which we either need to vote on, or it needs to be withdrawn. Champion: I'll withdraw my second. Dilkes: Well, who made the motion? Karr: Amy. So we have a motion without a second right now. Bailey: I'll second the motion to defer, just to discuss it. Wilburn: Okay, it's been moved by Correia, seconded by Bailey to defer, so.. .indefinitely. Bailey: And my suggestion actually might be, since we've been given new language tonight, I know Connie's prepared to go ahead and it sounds like Mike is, but um, perhaps others would like some time to think about it. We could change that date to the November 6th meeting, and simply defer. ..5th, sorry. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16,2007. #8 and #9 Page 27 Champion: Well, this would only be first consideration. Bailey: I know, but.. . you know, you get on those rails. Champion: Oh, I'm ready to be railed right now. Bailey: Okay, all right. (laughter) I heard that. O'Donnell: So, we need to vote on the deferral. Is that what we need... Wilburn: That is correct. Bailey: But 1. . . the reason I seconded it is because I wanted to give people the opportunity if they wanted to. . . Champion: No, that's fine. Wilburn: Okay. Any other discussion on deferral? Um, all those in favor of deferring indefinitely to send it back to negotiation, signify by saying aye. All those opposed same sign. Okay, the motion fails, um, Correia in the affirmative. We're back to, actually we're back to... Champion: I'd like to make a motion to amend Mike's motion. Can I do that? To... Dilkes: You can make a motion to amend the ordinance to replace the duration language. Champion: Amend the ordinance to replace, uh, replace the language for the duration, to replace the duration language. O'Donnell: Whatever you said, I'll second. (laughter) Vanderhoef: Second. Wilburn: Moved by Champion, seconded by O'Donnell to, urn, amend the main ordinance by accepting this suggested language. Discussion? Correia: I'm.. .I'm interested in changing that firstperiod of time, if it's not so much related to time for a public power to be organized, but so that it's.. .it's related to when our rates are unfrozen, um, I think that rates are the issue that we hear the most from, from citizens, um, it's not something that we have any ability to have included in the franchise agreement, um, and so if that's longer than five, but you know, a seven year term, um, that's something that I'm interested in having it be.. .us having a review around that same time. I think that's urn, a public interest that I hear. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #8 and #9 Page 28 Wilburn: Okay. Uh, if the public's curious to what I was asking Council Member Vanderhoef about, I was asking about the timing of the dates related to, uh, the reviews out there. So, no secrets. Um, any other discussion? Um, this is first consideration, so I'm willing to consider this to... Karr: There's a motion to ainend on the floor. Wilburn: Yep, that's right. Um... Hansen: Can the Council vote on an ordinance? Who's language has not even been released to the public? Wilburn: The Council can amend an existing, uh, the ordinance is, the suggested ordinance is on, and we had the public hearing. The Council, with, um, is allowed to amend that. Dilkes: That's quite clear. We do it all the time. Wilburn: Yeah. Uh, and as well, what we also do all the time is, uh, there've been times when we've denied something on first, second or third consideration on an ordinance. Um, roll call. Karr: It's a motion. Dilkes: We need the motion to... Wilburn: Yeah, uh, there's been a motion to amend. All those in favor, uh, of the, uh, amendment signify by saying aye. Opposed same sign. Carries 6-1, Correia in the negative. Uh, discussion on the ordinance as amended? Vanderhoef: I think this is a very good compromise on the part of MidAmerican, and uh, what I heard from the public, and I will support it. Bailey: And I think I did mention one of these times that we did go into it with a shorter agreement on the table, urn... Wilburn: I'm sorry. I can't hear you. Bailey: We did go in with a shorter agreement on the table. I mean, five years has been discussed, um (unable to hear). Wilburn: Right. Champion: Five years is such a short time in a City's history. I mean, it goes by so... Bailey: Not in a contract's history. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #8 and #9 Page 29 Champion: But, yeah, when we talk about things moving in a city, five years is pretty limited. But I think this gives the City the option to opt out at the right time, as far as I'm concerned. Bailey: Well, 1. . . Wilburn: Beginning.. .beginning eight years (several talking). Champion: .. .able to compromise and get this thing moving. Elliott: I've had my rant already, so I'm going to... Champion: As usual! (laughter) Wilburn: All right. Roll call. Item carries 6-1, Correia in the negative. Again, this was first consideration. Um, we will have second and third consideration. It's a.. .request for a break... 9b)CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Karr: Do you want to do Item 9 (several talking) with all due respect. O'Donnell: Love to vote on this! Elliott: Do we need to amend this to. ..okay. Item.. .item 9 (reads Item 9). O'Donnell: Can I move this with the amendment? Wilburn: Um, yes. O'Donnell: So it's moved. Wilburn: Okay. Uh... Vanderhoef: Second. Wilburn: .. .it's been moved, urn, as amended by O'Donnell, seconded by V anderhoef. Discussion? Roll call. Item carries 6-1, Correia in the negative. Karr: Motion to accept correspondence. Vanderhoef: So moved. O'Donnell: So moved. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #8 and #9 Page 30 Wilburn: Moved by O'Donnell, second by Vanderhoef to accept correspondence. All those in favor say aye. Opposed same sign. Carries 7-0. We're going to take a ten-minute break. (BREAK) This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #10 Page 31 ITEM 10 CONSIDER AN ORDINANCE AMENDING TITLE 17, CHAPTER 1, BUILDING CODE, BY ADOPTING THE INTERNATIONAL BUILDING CODE, 2006 EDITION, AND THE INTERNATIONAL RESIDENTIAL CODE, INCLUDING APPENDIX F RADON CONTROL METHODS, 2006 EDITION, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL AND PROVIDING FOR CERTAIN AMENDMENTS THEREOF; TO PROVIDE FOR THE PROTECTION OF THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF IOWA CITY, IOWA. (PASS AND ADOPT) O'Donnell: Move adoption. Vanderhoef: Second. Wilburn: Moved by O'Donnell, seconded by Vanderhoef. Discussion? Elliott: Yes. Where'd all the people go? (laughter) Welsh: My name is Bob Welsh, 84 Penfro. I, uh, should have taken a lesson from Mr. Smith and have a thing to give to you, 'cause I realize that you are going to vote in favor of this. The one thing that I would ask you to do, I heard, uh, Regenia Bailey say that she wanted to consider these kind of things in a large context of housing issues, and Ijust hope that you will.. .when you adopt these tonight, that you will in the near future schedule some time when you will look closely at the whole area of housing in this community. Thank you. Wilburn: Thank you. Bailey: Can Ijust tell Bob it's on my housing list? It's on my housing list. Wilburn: I think you just did. Further Council discussion? Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16,2007. #17 Page 32 ITEM 17. CONSIDER AN ORDINANCE AMENDING TITLE 5, "BUSINESS AND LICENSE REGULATIONS, "CHAPTER 2, "TAXICABS," IN SECTIONS 5-2-2, "TAXICAB BUSINESS LICENSE; VEHICLE DECALS," SUBSECTION C AND D; 5-2-3, "LIABILITY INSURANCE REQUIREMENTS," SUBSECTION A(2); 5-2-4, "VEHICLE INSPECTION REQUIRED," SUBSECTION Al(a) AND (b); 5-2-8, "VEHICLE REQUIREMENTS," SUBSECTION B; 5-2-9, SUBSECTION C, "VEHICLE STAND,"; AND 9-4-10D "PUBLIC CARRIER STOPS AND STANDS," SUBSECTION 2B "TAXICABS," OF THE CITY CODE TO CLARIFY CURRENT REQUIREMENTS, TO INCREASE SAFETY, AND TO REQUIRE ANNUAL INSPECTIONS. (FIRST CONSIDERATION) Bailey: Move first consideration. Wilburn: Moved by Bailey. Champion: Second. Wilburn: Seconded by Champion. Discussion? Elliott: Marian, I think based on our discussion last night, the major item here is moving the inspections from every six months to every twelve months? Karr: That would be the major item. The rest was clarifying language (unable to understand). Elliott: Okay. Bailey: Well, and I originally had some concerns about that, because I had talked to a couple of people, but given the fact that nobody is willing to file a formal complaint, and we do have a process in place to force additional inspections, I think that this annual inspection will work, and I encourage people, if they do have concerns, to file a formal complaint. I know that some of the people I heard from work for cab companies and they're concerned about that, but 1. . .I think that that's an important part of the process. Correia: Are complaints... Karr: In the Police Department. Correia: Right, but urn, are they confidential? Do they...if somebody files a complaint.. . okay, so it's a public... This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16,2007. #17 Page 33 Vanderhoef: This letter that we received on our desk tonight, urn, talking about the time delay potential on issuing of decals. Uh, does that concern you at all that there's a down time? Uh, my feeling was that they always have two, they're supposed to have two cars. Karr: One has to be in operation at all times. Vanderhoef: Uh-huh. Karr: Urn, the particular cab company you heard from this evening has more than two cars. So, uh, one thing that we did discover over the past year, and we have, uh, corrected and recognized this issue is we have a number of companies that just do have two vehicles, and if by any chance one does go out of commission then they don't have a backup vehicle. In that event with inspections being done on Tuesdays and Thursdays, you run into a non-compliance issue, as far as the requirement of a cab company. In those instances, the City Equipment Division do make exceptions, and they do do inspections, to keep a business going. Okay? Vanderhoef: Okay. Karr: In the event that there are well more than the two required vehicles, certainly we encourage every company to position themselves, if they lose a vehicle, to have one ready, or urn, to take those precautions. I think the one thing we learned, our City Equipment Division does a great job, but they've done this, again, they've added this additional response, but it's seventy- five vehicles at any point in time, and so they do do the inspections. They do try and schedule it. The other thing that we've run into, it's more than just getting the inspection done. Often we do not have the insurance from the insurance carrier. So even though the cab may have passed inspection, and they're there wanting to operate, without insurance we can't give the decal. That twenty-four hours has eliminated that a great deal. Vanderhoef: Okay. Good, thank you. Wilburn: Roll call. Karr: Motion to accept correspondence. Vanderhoef: So moved. Wilburn: Item carries 7-0. Moved by Vanderhoef to accept correspondence. Correia: Second. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #17 Page 34 Wilburn: Seconded by Correia. Uh, all those in favor say aye. Opposed same sign. Carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #18 Page 35 ITEM 18. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO A CONSULTANT AGREEMENT WITH ELERT & ASSOCIATES FOR RADIO DESIGN SERVICES FOR THE JOINT EMERGENCY COMMUNICATION CENTER. Champion: Move the resolution. Bailey: Move the resolution. Wilburn: Moved by Champion, seconded by Bailey. Discussion? Bailey: This was.. . originally we were going to do this through JCCOG, and I think that you read the memo to see why we're doing it through the City. Correia: A great move forward. Bailey: Yes, and we're very excited to have consultants under contract. Wilburn: Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16,2007. #20 ITEM 20. Bailey: Wilburn: Correia: Wilburn: Elliott: Wilburn: Page 36 CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT AMONG THE CITY OF IOWA CITY, THE CITY OF NORTH LIBERTY, THE CITY OF CORALVILLE AND JOHNSON COUNTY FOR THE FUNDING OF CONSULTANT SERVICES FOR THE JOINT EMERGENCY COMMUNICATION CENTER. Move the resolution. Moved by Bailey. Second. Seconded by Correia. Discussion? The thing that pleases me most is to learn from the people involved that the cooperation continues almost enthusiastically, and I'm just so pleased about that. It is not going to be an easy road. It gets tougher as we get into the details, but I'm just so pleased at this spirit of cooperation that has been exhibited. Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #24 Page 37 ITEM 24. CONSIDER A RESOLUTION NAMING A NEW NEIGHBORHOOD PARK "FRAUENHOLTZ-MILLER PARK" O'Donnell: So moved. Wilburn: Moved by O'Donnell. Vanderhoef: Second. Wilburn: Seconded by Vanderhoef. Discussion? Vanderhoef: I would just... Schmidt: Can I make a comment? Wilburn: You just got in under. . .I almost said roll call. Go ahead! Schmidt: My name's Carl Schmidt, and I'm.. .I'm speaking on behalf of Henrietta Miller, and you may recall that I spoke at.. . about this matter at a previous Council meeting, and uh, we had hoped that the family, Henrietta Miller's family, could have a voice in the naming of this park, and I'm happy to report that we did submit our name to the Park and Recreation Committee, and that they did accept it, and we're very pleased with that and we appreciate all the help that the City's given on this matter, so we might have a chance to leave a legacy on our farm. Thank you very much, and I hope you vote for it. Champion: It's really terrific! 1...I think most people are going to have a hard time pronouncing it! (laughter) They'll say, 'What's the name of that park?' (laughter) Vanderhoef: When it becomes the F & M Park, we'll know it's.. .it's something different, but this is a real positive thing for east side development to have a park out there, and I do appreciate the gift. Wilburn: Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #25 Page 38 ITEM 25. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE OLD HIGHWAY 218 WATER MAIN EXTENSION PROJECT. Wilburn: Uh, Engineer's estimate $670,000; Public Works and Engineering recommend awarding the contract to (laughter) Tschiggfrie? Karr: Tschiggfrie. Wilburn: Tschiggfrie.. .okay.. .Excavating Company of Dubuque, Iowa. Champion: Move the resolution. Vanderhoef: Second. Wilburn: Moved by Champion, seconded by Vanderhoef. Discussion? Elliott: Franholz is much easier to pronounce! (laughter) Wilburn: Yes it is, and that is $462,570.. .507.55. Roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16,2007. #26 Page 39 ITEM 26a. CONSIDER RESOLUTION ESTABLISHING THE TASK FORCE TO ADDRESS VIOLENCE AGAINST WOMEN Correia: Move the resolution. Bailey: Second. Wilburn: Moved by Correia, seconded by Bailey. Discussion? Vanderhoef: Uh, I just had a couple of, uh, groups that I thought perhaps ought to be added to the list. Since we have the panhellenic group, uh, I think we should look to the Interfraternity Council so that we have both males and females in the student group or, uh, get the mixture in there. Another one that would be a good resource for information, I think, is MidAmerican Energy, uh, to ask a representative to sit on that. Champion: Because of lighting? Vanderhoef: Uh-huh. Champion: I don't think they need to be on there. Bailey: Because what we're concerning ourself with is pedestrian level lighting and not necessarily additional streetlights, and I think that that's.. . that's different. Correia: And I think. . . Vanderhoef: Well, I think they have a source, certainly, uh, for lighting and.. . and (several talking) Correia: And, I mean, I think that part of the Task Force will be.. .will be calling in, urn, stakeholders, other resources, urn, to get input, ideas to go with the recommendations. I think that. . . that we would as a task force be drawing on, from MidAmerican about getting input, information, um, as part of the work of the task force. Bailey: Well, and I have a concern about it's very large already. Twenty people which is almost unwieldy, right there. (several talking) I just think...I think this is a good list. Wilburn: Further discussion? Karr: Is there agreement for Interfraternity Councilor not? Bailey: What's the different between Interfraternity... This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #26 Page 40 Correia: Well, Interfraternity is.. .Panhellenic is sororities, and I did have an email from (several talking) Wilburn: I'm sorry. There's too many conversations going on. Bailey: So.. . okay. Correia: And just. . . you know, when Abbie and I were discussing the makeup of the group, we were, uh, very sensitive in wanting to have a good representation from both men and women, urn, male students and female students. I mean, I don think, and the Panhellenic Council had done a group that had brought forward the, um, the petition by...I don't see a problem with that. I mean, I think (unable to hear) Peterson had also emailedmeabouttheUISGVicePresident, as well, so. . .there is interest from that group. Wilburn: Uh, so first question, is Council willing to have that addition? Champion: I'm willing to allow the task force to address who they want on that. If they want to add them, fine. Karr: Well, the ordi.. .the resolution sets forth the... Champion: Oh, then add it! Bailey: Then add. Wilburn: Okay, there's a majority of Council wishes to add it, so do we need to amend this to.. . okay. Uh... Karr: If the movers want it. Correia: Yeah, I move. . . Bailey: Second. Wilburn: All right, okay. Urn, roll call. Item carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #26 Page 41 ITEM 26b. CONSIDERATION OF A RESOLUTION APPROVING A PURCHASE AGREEMENT AND OPTION TO PURCHASE FOR THE CITY'S PURCHASE OF AN APPROXIMATELY 31.5 ACRE PARCEL OF THE 53.6 ACRES OF LAND KNOWN AS THE SHOWERS ADDITION ALONG THE IOWA RIVER WEST OF SAND LAKE AND AN OPTION TO PURCHASE THE REMAINDER OF SAID SHOWERS ADDITION. Bailey: Move the resolution. Vanderhoef: Second. Wilburn: Moved by Bailey, seconded by Vanderhoef. Discussion? Bailey: I think this will be a nice addition to our large park system. Vanderhoef: Well, to our trail system for, uh, good commuter. This will take us right down to City limits. Wilburn: I think as Mike said at the session yesterday that uh, kind of looking down the road making decisions that folks twenty, thirty years from now will appreciate this, uh, addition, and uh, there are. . . well, Minneapolis, when they laid out their city, they made sure that they were, there was park land every, it's like every five blocks or something like that, and the residents benefit from that foresight back then. So, I view this as that type of decision. Further discussion? Elliott: I agree with everything that's been said about this being very beneficial for the City, not only at the present but in the future, but in light of all the higher priority items, I don't think we can afford it and I'll not support it, but it's going to, I'll be the lone wolf on this one, Amy. Correia: (laughter) It's part of my, when we were discussing this yesterday, my, urn, some of my concerns relate to some of our other priorities, in that we, well, it's in the Comprehensive Plan for this to be designated as open space. We haven't included, uh, this in our.. .we're doing a big master park planning process currently. I'd like an assessment of, you know, what the cost is to upkeep our parks. I think our parks are amazing, and I think they're an amazing amenity to the City, as well. I think we have some good parks in that southeast quadrant of the city. I do think it would be a good addition. I'm just concerned about that there hasn't been some, uh, real strong planning for.. .as part of our master parks planning process.. . about this, um, I mean I think it is important to try and utilize the river bank more in our public areas. Uh, we haven't been doing that as well as we could with the current river front property that we have, um, as part of our park system, and so I just feel like I don't have the right This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #26 Page 42 information on the long-term cost, what we give up, prioritizing this over something else, urn, as Bob said. Wilburn: Well, if this passes then, uh, it will be an addition that the Parks and Recreation master planning process can incorporate. Roll call. Item carries 5-2, Correia and Elliott in the negative. Elliott: That's a strange pair! (laughter) This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #30 Page 43 ITEM 30. CITY COUNCIL INFORMATION. Wilburn: Bob. Elliott: Two items, first is, uh, a few weeks ago we were, I'm not sure irate, but we were certainly disappointed at the ad that appeared in the student publication, referring to the Saloon's sidewalk cafe as a beer garden, and I was, I was somewhat offended, based on the conversation that had taken place prior to that at a public meeting. I'm really appreciative of Jim Mondonaro, uh, a couple times submitting his sincere apology for the mistake, however it happened. At least I appreciate his sincere apology for that. Uh, a disappointing thing - tonight I, based on what the City has done over the past several years, I thought it was disappointing that our major employers on the northside had to come figuratively speaking hat in hand, pleading for equal safe, public safety protection. I hope we, uh, paid close attention to what Dick Ferguson said. Wilburn: Regenia. Bailey: Urn, speaking of major employers, I neglected to ask a question about something that was, urn, on the Consent Calendar. It's 5.f.2, this Proctor and Gamble transit question, and wondered if we could, urn, have a report or discuss this a little bit. I think that this is very concerning, and from an economic development, uh, perspective I think we should be looking at making sure our transit accommodates our major employers in that way. So are other people interested in. . . thank you. Elliott: Good thought. Correia: And, was that correspondence also directed to Ron as well, because... will they, Transit will be looking at routes, and as they do their. . . Helling: Yeah, before we put it on a work session we will go through that so we have the information for you. Bailey: That would be great. Thank you. Wilburn: Dee. Vanderhoef: Um, I went to the Iowa Department of Transportation meeting last week with staff over in Clinton, and we presented our request for, urn, funding from the State for the bridges over, uh, 180, both at Dubuque Street and Dodge Street. We also did a presentation, uh, it was done by Elliott Keller who is a railroad buff and has been following this issue, uh, and looking at future possibilities of rail, uh, both our Crandic route, but there was a big contingent from several other cities. They're talking about the spoke This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16,2007. #30 Page 44 Amtrak rail coming from Chicago through Galena to Dubuque, and a second one that is coming out of Chicago to Davenport, which would be extended to the Iowa City area and onto Des Moines. These are the kinds of things that I'd like to see Council get more involved in, in doing this larger regional look at it. Uh, and I will be asking Council to take a look at this, to uh present to our legislators when we look at legislative issues. Uh, how can we promote rail, particularly in the short course of 500 miles or less. It's more cost-effective to use rail lines than it is to use airplanes for one-day trips. Urn, at the conclusion of that meeting, a number of State Legislators were in attendance, and they stayed and had a discussion with those of us who chose to stay. Staff went home. I stayed for this particular meeting. Also where they're talking about the time twenty-one discussion that will be taken up in the Legislator this next year. There will be two interim meetings done in November and I'm planning to attend those as a transportation representative for Iowa League of Cities. So if you have any, uh, ideas about what you'd like in the time twenty-one, what we should be supporting, I think we need to talk about that with our legislators also. And on a funny note, today I had lunch out at Systems Unlimited, and uh, heard a very fine presentation from Bill and it's amazing how you can be in a community and know all the services they provide, and not realize that they are totally funded by grants and donations. They are not a United Way, uh, recipient. So when people see their requests coming in for their support for their systems, please remember they do not, uh, collect any money from United Way, and deserve a look at, uh, potential sources for funding. That's it! Wilburn: Okay. Mike. O'Donnell: Bob, you took my comments tonight. 1...I totally agree with what you said on Dick Ferguson's comments and uh, this Council, I know it's concerned about the safety of the community, but urn, this needs to be addressed. So I think we should do it shortly. Wilburn: Connie. Champion: I agree. I'm disturbed by the Brookside Drive thing. I guess I'd like us to look again at our nuisance ordinance. Urn, to see if these complaints are kept track of at the Police Station when they come in. I thought there was something in there, there were so many complaints, there was a meeting with the landlord? And so, I don't have that in my head, but I'd like to know if that's in there or if we have to adjust this, or make sure it's stressed to get enforced, because disturbing our neighborhoods, that's terrible! This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #30 Page 45 Correia: Well, and if we could get a report of maybe the number of complaints, or nuisance complaints in that neighborhood, and what the resolutions have been, or. . .is that a possibility? Bailey: And I don't want to, you know, pile on, but one of the things that has been discussed on the northside, certainly, is people are getting a lot of warnings and they're not getting cited, and so the nuisance ordinance doesn't kick in unless there are citations. And so that's a real challenge for neighbors, if they're doing what they believe is the right thing and even asking for citations, or indicating that this is a repeat call or a problem house, citations aren't being issued, and it would be helpful to understand, and I know that the Police Chief was at a northside neighborhood meeting. I know that that's discretionary, but it would be helpful to get some report or sense of.. .ofwhy that is. It seems like a disconnect. We can't use the ordinances we have in place if certain things don't happen. Helling: Yeah, we.. .we can get you the information on disorderly house citation, just in looking over the dockets in the mornings, I've seen a number of those on in the last few weeks. So they are issuing some citations, but I'm sure they're issuing warnings, and a lot of that is...is certain amount of officer discretion. Bailey: Means they just have to come back out, often. Vanderhoef: Do warnings get, uh, recorded? Helling: Probably recorded in terms of the disposition of a complaint, but for the purpose of the enforcement of the nuisance, uh, section, they wouldn't count against it the way the thing's written, as I understand it. Champion: Maybe we need to look at that ordinance again. Correia: Well, and I'd like to just get a report of how many citations. Helling: Yeah, let's get you some information. Wilburn: Why don't we start with just some information, and in particular, can you see if, uh, if the gentleman who was here earlier tonight, if. . .if, whether it was a warning or whether, urn, there was actual. . . Helling: Yeah, I have the addresses down. He gave two addresses. Wilburn: Great. Thanks. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #30 Page 46 Champion: Because it's really, you know, and I was alarmed when he talked to the residents, and he feels he was treated badly. No, I'm not sure how he approached them, but I've got rental property in my neighborhood, and if they're having a loud party, 1...1 just kind of ignore it, because it isn't very often, and then I just go over and talk to them the next day and ask if they could just keep things down a little bit, and I'm not treated badly at all. So, I think in different neighborhoods it's treated differently, but I hate to see those kinds of problems arising in neighborhoods, especially if they're being treated, the person who is complaining is being treated badly. So, I'll just wait and see what happens with that ordinance. Wilburn: Amy. Correia: Well, first the Weatherby house, is that. . . urn, I mean, I'm interested in.. .moving on some level if there's, ifit can be moved. I mean, we've done this before where we've met quickly for a stay of demolition. Dilkes: Yeah, it was a stay of demolition because, urn, there was a public hearing being set on registration as a landmark.. .so we don't just have discretion to stay demolition permits. We'll have to look at what the situation is with this particular house, but absent a. . .my just initial reaction is absent an ability to.. .to designate it as a historic structure, or create a historic district. That's not going to be likely that we can stop the demolition. But we'll have to look at it. Correia: So is that something.. . and we don't know, she didn't indicate when that demolition order was? .. . scheduled to occur, so we don't... Vanderhoef: We can get that from Building. Correia: Oh, okay. Dilkes: Now that we have the address we can find out what the status is. Correia: Okay. Okay. So...' cause I'd be willing to meet on a special meeting if it was... Bailey: Well, and. . .I mean, I spoke with her on the phone earlier, before the meeting, and it did sound. . .I mean, she has touched base with you, Eleanor, she offered him a lot more than he paid for it, but, and as you heard he wasn't interested, but he also seemed to express some interest in moving the house, and once again, I think that that would be a nice situation, and I know she's looking at lots, not only her suggestion for a City-owned lot, but she's also looking at talking to friends of Historic Preservation to look. So... This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16, 2007. #30 Page 47 Champion: Yeah, I think.. .ifI'm right, it's that small little, kind of a limestone... yeah, I had a kid actually living there for a while. Yeah. (several talking) Wilburn: Well, it starts with, yeah, just get us some information. Correia: Yeah, so ifthere' s anything that we can do (several talking) And then I just wanted to, uh, remind you all and the community about the, urn, our ceremony tomorrow to, um, recognize Iowa City as joining the National League of Cities, working towards an inclusive community, uh, partnership. That will be at 6:00 tomorrow at Chauncey Swan Park, across from City Hall, during the Farmer's Market. So folks can stop by before they (unable to hear) from the Farmer's Market, and this is really a, we know that we have, it's a challenge. We have challenges and opportunities in building an inclusive community, and that we are showing our commitment to doing that, and the Human Rights Commission, um, as well as us on the Council are taking that leadership over the next year to start working on initiatives to, uh, build, and work towards an inclusive community. So... Vanderhoef: Thank you for doing that. Wilburn: Urn, Ijust want to thank Mr. Ferguson for coming down, and uh, maybe it's a half full, half empty type thing. I find it helpful when folks come to the Council with budgetary suggestions or requests, priority. Even more helpful ifthey're able to say what they're willing to do without, or what their suggestion is for funding is, but I appreciate their willingness to get together and talk and inform the Council about their feelings about the matter. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of October 16,2007.