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HomeMy WebLinkAbout2003-02-18 Transcription#2 Page 1 ITEM 2 MAYOR'S PROCLAMATION Lehman: Item 2 are proclamations. I'm going to do two proclamations. After that we are going to have to clear the area in front of the door. Kart: We have three proclamations. Lehman: Three? I only have two. Karr: I know. Here's the third one. It just arrived. Lehman: Alright I have three. Then we will ask the crowd to move, but the doorway has to be kept open for fire purposes. a. Breath of Fresh Air Month Lehman: Our first proclamation. (Reads proclamation). Karr: Here to accept is Doctor Beth Ballinger, Spokesperson for CAFI~ - Clean Air For Everyone - and Stephanie Castillo, Tobacco Project Coordinator. Champion: They're back. Ballinger: Mayor Lehman, City Council, other guests... O'Donnell: Marian didn't bring any tonight. Ballinger: Thank you for tonight's proclamation. Champion: Oh, beautiful. Ballinger: And thank you again for marking what you did one year ago. And that was to pass an ordinance assuring clean air for workers and diners in Iowa City's restaurants. It is still the strongest and the best ordinance in the State of Iowa. As we mark the first birthday of this pro-health ordinance we should remember why it's such an important accomplishment. Involuntary second-hand smoke kills at least 53,000 people in the United States each year. Experts also believe that at least 500 Iowans will die due to disease from second-hand smoke this year. So Clean Air For Everyone thanks you for your efforts. A birthday celebration needs cake so we brought some for each of you and for some of the guests in the audience. Congratulations on the first birthday of clean air in Iowa City restaurants. We look for, yard to celebrating many more. We also invite all of you - everybody here tonight - to a celebration where members of CAFI~ and other supporters will be at Gringos on March 1st to have a celebratory birthday dinner. And that will be at 7:00 in the evening. Thank you, This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #2 Page 2 Lehman: Thank you. Vanderhoef: Thank you. b. National Nutrition Month Lehman: (Reads proclamation). Karr: Here to accept the proclamation is Sheila Wright, Vice President, and JoAnn Miller, Treasurer of HADDA. Mr. Mayor we also have a photograph. Champion: And we all love nutrition. Wilbum: As we sit here with our cupcakes. Vanderhoefi Thank you. Wright: On behalf of HADDA the Hawkeye Area District Dietetic Association I'd like to accept this proclamation from the City of Iowa City for National Nutrition Month and be sure you all aware of there will be activities throughout the month of March in different areas, not only in Iowa City, but also up in Cedar Rapids where we represent an entire area of the cities. And be sure to look for the new projects that will be going on. Thank you. Champion: Thank you. c. Special Olympics Month Lehman: Our next proclamation is a very special one. (Reads proclamation). Kart: Here to accept is Joyce Rossi, Board of Directors, Special Olympics. Rossi: We really appreciate you making this proclamation for us. As you know our Mid-Winter Tournament is held March 14 and 15th here in Iowa City at the University of Iowa Fieldhouse and anyone wishing to attend we'd love to have you. (Reads statement). Another thing that I'd like to note to our Council is we are the only Council in the State of Iowa who proclaims the whole month of March Special Olympics. Other ones may give a day, a week, possibly two, but we give them the whole month. Thank you so very much. Champion: Thank you. Lehman: Thank you. Rossi: l'11 greet our athletes as we go across: Coach John Meskimen. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #2 Page 3 Lehman: How long have you worked with Special Olympians? Miskimin: This will be my 24th year. Lehman: That's phenomenal. Let's give John a tremendous .... Rossi: Our athletes that we have in attendance tonight is Kristin Watkins, Nathalia Fahl, Tina Davis, Randy Noel, Sarah Parker, Eliana Friedman, Mallory Earnest, Mary Ruth Arsendorf, Janet Leonard, Coach John Meskimen, Katie Lammers and Jane Bragg who's one of our sponsors from Merit Electric. Lehman: Congratulations young folk. Thank you very much. Rossi: Kristine Watkins one of our athletes here is going to Dublin, Ireland for Team USA this year to compete in World Games also. Champion: Wow. Great job. Pfab: Nice going. Thank you. c. Mayor's State of the City Message Lehman: lfyou folks in front of the door could move up along the wall. We have to keep the doorway clear. So...get that and then we'll get started. We can't stand in front of the doorways folks. You have to move up along the wall. Please. The next item on the agenda is the State of City address which is required by our charter. You know today we turn on the T.V. and read the newspaper, turn on the radio and I think all of us hear probably a lot more bad news than we really want to hear. Well tonight the State of the City message is not going to be the bad news. It's going to be some of the things we feel are very good about this community and the things that we're very proud of. (Reads State of the City Address). Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #3 Page 4 ITEM 3 CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. Lehman: Item 3. (Reads item 3). O'Donnell: Move adoption. Vanderhoef: Second. Lehman: Moved by O'Donnell, seconded by Vanderhoef. Discussion? Kanner: I had a question for Steve - number 3e(1) resolution authorizing the Mayor to sign an application for de-annexation of certain property owned by the Alliant Transportation Company aka Cedar Rapids and Iowa City Railway Company from the City of Hills. Could you explain what that's about? Atkins: Excuse me if my voice fades a tad bit tonight. Let me give you a moment of history. A lot of folks don't know it, but the City of Hills and the City of Iowa City adjoin each other. It's virtually a balloon on a string. And at the time that Hills Bank was locating in Iowa City apparently there were State and/or Federal banking laws that required it to be adjacent to the community which it hoped to open a bank. Well Hills bank...the City of Hills chose to annex the railroad between the City of Hills and the City of Iowa City. So that's the balloon on a string. For some time we've talked off and on with the folks from Hills about this and it does cause some problems with respect to our development potential on that part of the City because in effect when you're on the railroad track or you cross it you're crossing another political jurisdiction that being the City of Hills. We have worked with a number of folks. This is a proposal to begin the process of detaching that. Apparently the state law does no longer require that the communities adjoin each other. (Can't hear). Kanner: Detach? Atkins: The railroad right-o~'-way...is it right-of-ways? Lehman: It would right-of-way. Atkins: Would it be called right-of-way Jay? Honohan: Mr. Mayor? Lehman: Yes. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #3 Page 5 Honohan: Jay Honohan. I represent the City of Hills. I have one slight correction. The original impetus for that annexation was CRANDIC. They were going to buy the line from Rock Island and they wanted the City of Hills to bond that line. Atkins: Okay. Honohan: And that's what initiated it. After we got it done in the process the bank recognized that that would make them contiguous so they could become a bank in Iowa City. It is 100-foot wide strip and it runs from Hills to Iowa City. And we're attempting to de-annex half of it. And this will 1 think and I think Karin would agree will make it easier for the zoning boundaries and things like that. And we felt that when we sent it to the State board we would like to have not only Hills' Council doing it, but the City of Iowa City and the Board of Supervisors. Champion: Thank you. I don't understand a thing. Lehman: But we're not de-annexing Hills. Honohan: Not yet. Kanner: But will eventually claim half of that... Honohan: Maybe you'd Iike to annex us. Yes? Karmer: So we'll eventually...will we have to pay for that half of the railroad? Honohan: Pay for half of the railroad? No. Lehman: Why would we pay for it? Honohan: Why would you pay for half of the railroad? You will receive - I don't think it's going to be a great deal - but you'll receive a little tax revenue from it. Sinai1. Thank you. O'Donnell: Thanks, Jay. Lehman: Other discussion on the consent calendar? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #4 Page 6 ITEM 4 PUBLIC DISCUSSION Lehman: Item 4 is public discussion. This is the time that is reserved on the agenda for the public to address the Council on issues that do not otherwise appear on the agenda. If you'd like to address the Council, please sign in, and limit your comanents to five minutes or less, Darrell Yeaney: Good evening. Members of the City Council and ladies and gentlemen my name is Darrell Yeaney. I have been a resident of Iowa City for a little over I6 years. 1 have served as a campus minister at the University of Iowa for 11 of those years and now retired. And it's good to be here tonight. I appreciated Mayor Lehman extremely - your State of the City address and learned a great deal from it. Thank you. It is an honor to be a member of the City...a citizen of this City and to be here tonight. I want to begin really by thanking each one of you for your willingness to serve on this City Council. It is sometimes I know a thankless job that requires a lot of long hours and a lot of heavy responsibility and trying to make, as you have indicated on a number of issues, fair and just decisions in a wide range of matters that come before you and indeed that effect the lives of all of us who live and work in Iowa City. I assume that your primary motives for serving on the City Council is your desire to represent all of the citizens of Iowa City - not just a special sector of the City. And of seeking that which is in the best interests in the welfare, in the security, and in the best quality of live of everyone who lives and works in Iowa City. I assume that that is your primary motive for agreeing to put your names on the ballot and to be elected to serve on this City Council. That is both I think a very noble and a very difficult responsibility. I personally am very grateful to you for the work that you do and for the work that you have done for all of us. Tonight I am beginning a dialogue bringing to your attention that a number of us will speak to about an issue that is not only citywide importance but of national and global importance as well that will have an effect on every resident of the City of Iowa City. There are of course, as we all know, very different opinions, views on the issue of war. But there can be no question among any of us on the powerful and on the long- lasting effect that this pending war will have on all of us. I'm sure you agree with me on that. Before we begin tonight to even think or consider about this resolution which I know you all heard and which I'm sure you have seen. I would like to ask you members of the City Council and also everyone else in this room to hypothetically, theoretically step back for just a moment. To take a few seconds and get in touch as fully as you are able with your own inner wisdom, your heart, your soul confrontation, harm, damage, destruction are what war is all about. We do not want to have in this City Council chamber This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #4 Page 7 tonight a war about war. We are all on the same page, on the same side here. We are all on a heart and soul level committed to the peace, the security, the well-being, the quality of life of every citizen in Iowa City. We're together on that I assume. Our common goal is for the highest quality of life. I want then for to take...I want to invite you therefore to take just a couple of seconds as I conclude to invite you to join me in a moment of quiet, silent reflection. I'd like to invite you and everyone in this room if you will join me in closing your eyes for just a moment, taking a deep breath and letting go of feelings of tension or resistance or confrontation that may be stored in any of our bodies or our minds. And in this moment of quiet allow the deep wisdom, the concern, the compassion that we all have for each other to come forward to guide our thinking and our feeling as we seek the common good, the peace, the security and the well-being of every person who lives in Iowa City. Amen. Lehman: Thank you. Yeaney: Thank you. Lehman: I have to remind folks the door has to be...the way to the door has to be kept open. So I mean I can't...I need to remind the public also public discussion will end at 8:00. So my suspicion is a number of you folks probably will not be able to address the Cotmcil until the end of the Council meeting when we can again have public discussion. But we do have to keep that doorway open. Bums? Bums Weston: Mayor Lehman, honorable Councilors. My name is Bums Weston. I'm the (can't hear) professor of internal law emeritus, University of Iowa College of Law and Director of the University of Iowa Center for Human Rights. I rise to speak to the same issue as my predecessor. I urge you to place on the agenda the resolution that has been I understand sent to you that you, I believe, have seen. And ultimately I urge you to adopt it with regard to the sentiment of requesting the government of the United States not to go ahead and engage in the war that is...seems to be at this point at least almost inevitable. I do so mindful of the fact that all of you may well have reservations about whether this Council is the proper venue for such discussion and debate. I would point out to you that this war is going to be of enormous cost that's going to cause budgets at the most local level to be severely strained. It is going to pull personnel from our police forces, our fire fighters who will be called up by National Guard duty. It will affect people who will be in themselves in the military. It potentially can have an impact on the public safety of this community by virtue of the fact that I believe this war will very likely will enhance the prospect of increased terrorism against Americans in American communities. Just think about the fact that our National capital is right This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #4 Page 8 now filled with gun in placements all through the City to try to shoot down potential terrorist attacks. I also urge you to think about it from the standpoint of the fact that this particular was that's being contemplated is in my judgment illegal and that if we are going to take seriously the principals of the Nuremburg Judgment following World War II we should want to disassociate ourselves from it and in so doing also speak a message to our troops in the field that this resolution supports on whose behalf it is also proposed. Let me be very clear I am not a pacifist. I believe that the use of armed force is sometimes necessary to safeguard legal norms just as police are necessary to maintain legal systems in our national communities. I would have favored military action in Rwanda and I did so in the case of Kosovo. Two situations in which genocide and other unlawful atrocities were in actual process. I also believe that there is a strong case to be made for using muscle to force compliance with Security Council resolutions. Indeed I even can imagine a carefully calibrated UN sponsored multilateral use force against Saddam Hussein whose longtime villainy merits his oust beyond a shadow ora doubt. I never the less urge you to adopt this resolution because I oppose this war by virtue of the reasons that I indicated. It is an illegal war if engaged in. It would violate Article 51 of the United Nations charter which is a solemn tread to which the United States is internationally obligated. Article 51 provides for the inherent right of individual and collective self defense in the case of an armed attack. It has been interpreted to authorize preemptive warfare in the event of an immediate threat of aggression of whoever is being attacked. In this case the facts do not stand to that particular fact pattern. The need to eliminate weapons of mass destruction which is of course one of the justifications that our government has been advancing as a principal reason is by the CIA's own admission not an immediate threat as it is for example in North Korea or for that matter Pakistan where U.S. lead war has been determined not to be considered an option. The need to combat terrorism another reason that's been given is unsubstantiated by any solid evidence that Saddam Hussein has any connection whatsoever with al Quiada which in fact derives him as an infidel unworthy of Islam. And the notion of the promotion of democracy frankly just doesn't sit very well. I don't think it's very easy to accept that proposition as a serious one given the continued involvement of the United States government and coziness with a number of Middle Eastern autocrats and despots throughout the region. The war in short is not a preemptive war as we're being often told, but rather a preventive war which in international law makes a whale of difference aimed at some vague, log term threat that for this very reason sets an enormous precedent that is horrifying to contemplate because of the subsequent reverberations that it could create. I urge you to not associate yourself with an illegal conflict. I urge you to contemplate This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #4 Page 9 that hundreds of thousands of people are going to loose their lives, that American troops are going to be endangered. I urge you even in the event that life is spared to substantial degree in the manner in which the conflict may be waged. That it nonetheless would constitute an act of aggression a violation of the United Nations charter, violation of the statute of IntemationaI Criminal Court and would be seen an act committed of such nature that one could say that anyone involved in it would be engaged in a war crime. Thank you very much. Lehman: Thank you Bums. Dorothy Paul: Good evening. Kanner: Could I make a quick procedural... Lehman: Just a moment. Yes? Kanner: This may or may not eliminate the need of some of the speakers to speak tonight, could we take a straw poll to see if there are three people that would be willing at this time to put it on the agenda for March 1 lth? Lehman: For a work session? Kanner: For...on the formal agenda. Lehman: Well the agenda will come from the work session. We'll put it on the work session first. I don't care. Kanner: Could we see at this time if there are three if anyone changes their mind? Lehman: Before we do that I would like very much because I have appreciated the comments that have been said. I would...I guess I would poll the Council. I honestly believe there is not a person on this Council who would not like to see this crisis in Iraq be solved peaceably. I mean if there is anyone on the Council disagree with that let them speak. Are there three people who wish...who feel this is the purview of a Council to discuss this? We do not have throe. Okay. Go ahead, Dorothy. Kanner: Thank you. Paul: Okay. Good evening. I'm Dorothy Paul and I've lived in Iowa City for 50 years. (Reads statement). Thank you. Lehman: Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #4 Page 10 Rev. Dee Lundberg: Mayor, Council Members, thank you for hearing us. I speak to the same issue as well. Lehman: Give your name first. Lundberg: My name is Reverend Dee Lundberg from Faith United Church of Christ. However, I do recognize when I was asked to speak I heard the rational for why you did not want to put it on the agenda and I agreed that this isn't really a place for national matters. But then this is not just a national matter. I've thought about this a lot. And I also agree in separation in church and state so let me just talk about here...about the 150 members of my church, about the people I see at free lunch, the emergency housing project, the folks I saw at the worship service last night, the rally on Saturday. Many of them the same people, many of them not. When I look at the 150 people that I am charged to care for there are hanging heads. There is an increase in depression. There are people losing their jobs. There are people that work for the City that are having to turn away folks with disabilities because budgets are being cut. These are the people that you are charged to care for too. And it's only going to get worse. You know that. I know you know that. You can read numbers. The free lunch line is longer. It does affect this community. It is a personal issue. When I have to explain to children during a children's sermon about duct tape and plastic and face masks these am your children too. It's a personal, local issue. The cuts in the University that have been talked about, the potential cuts to funding what hurts the University hurts Iowa City. (End of Side 1, Tape #03-19, Beginning of Side 2) Lundberg: ...of life hurts Iowa City. And I appeal to you to think about how it's effecting your own life, how it is effecting our economy. And if you can honestly, honestly say that this war will not affect Iowa City then I would agree with you it's none of your business. But if you in your heart know that it will affect Iowa City then I can't see how you can take any other choice then to take a position on this issue. It is your issue. And it has been our failure throughout the history to speak up when we had the chance. That has gotten us into a majority of our messes. You have voices. We respect you. Please use them. Thank you. Robert Dotzel: Robert Dotzel, Pastor of Lutheran Campus Ministry. Resident of Iowa City. Mr. Mayor to paraphrase your state of the City address tonight quality of life doesn't just... O'Donnell: Could you move that microphone. I can't hear you. Dotzel: You can't hear me? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #4 Page 11 O'Donnell: Now I can. Dotzel: Okay. Quality of life doesn't just happen. It takes all of us working together to make that happen. And I think that's what this resolution is about. It's about democratic process. It's about getting our voice heard by the executive power of this Country. It's about having a collective voice. When many of us have been frustrated by the fact that our individual voices have gone unheard or unheeded when we write letters to Congress, when we write or call the White House and it seems to make no difference, when our President dismisses millions of demonstrators world wide as those special interest groups we need a forum in which we can speak collectively and say that we have a mind about it. And it's in the best tradition of this country that local government serves as that public forum. The town hall where people can come together and debate issues of significance that impact ali of their lives. I'd like to readjust a brief quote from Windall Berry who had an article in the Sunday February 9th issue of New York Times. He wrote, "The idea of a government acting alone in preemptive war is inherently undemocratic. Where it does not require or even permit the President to obtain the consent of the governed. As a policy this new strategy depends on the acquiesce of a public kept fearful and ignorant subject to manipulation by the executive power and on the compliance of an intimidated and office depended legislature. I submit that this resolution is about not letting that happen and letting our voice be heard in speaking as a community. However the Council decides, however the public debates, but let the debate happen and let us decide together. Thank you. Lehman: Thank you. Shams Ghoneim: Mr. Mayor, City Council and attendees. I'm Shams Ghoneim. I have been a resident of Iowa City for 34 years and two years in Coralville. That makes 36 years. I'm a co-coordinator of the Muslim Public Affairs Council of Iowa among other things. As of February 16, 93 U.S. cities and counties have passed anti-war resolutions. This number is growing every day. The journey of 1,000 miles begins with a single step. To adopt the proposed solution is such a step. The Iowa City community with the University at its heart is a diverse and international place. Several Iowa City residents have loved ones in the Middle East who were killed, wounded, or lost in the many wars that ensued in that very sad and tragic part of the world. And some violence and loss oflife is still raging. A new war in Iraq will not only devastate several thousands of Iraqi civilians, but will also hit us right here at home. Such war will destabilize the entire region. The City Council represents all of us across ethnic, racial and religious backgrounds. It must demonstrate leadership and vision during one of This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #4 Page 12 the most difficult times of our lives. Iowa City is not an island. The quality of our lives is determined by the quality of our relationships and ethical community is comprised of people who value cooperatively traveling through life together. They enjoy an environment in which people support each other and join together to make a difference in the world. Tonight this is the challenge and the opportunity presented to the City Council. Who will suffer from a war in Iraq? The first of course will be the people of Iraq - civilians. However smart our so-called smart bombs there is no doubt that a U.S. war against Iraq will lead to massive human suffering. The second to suffer - and it's not in that order ~- but jointly our own community members who have relatives and loved ones in Iraq and other neighboring countries that will be definitely also as devastated as well as soldiers and reservists families. Patriotism means tough love and speaking out when one sees dangerous decisions being made on our behalf. We support our men and women in uniform. Our own obligations to our enlisted brave men and women who are already in the Middle East and are ready to put their lives on the line for us is to speak loud and clear for a peaceful conflict resolution in Iraq and in everywhere. What makes the war in Iraq City Council business some of my predecessor colleagues have already spoken to it. But some City Councils may feel compelled to reject any international resolution on the grounds that it is not in their purview. We here in Iowa City would like to demonstrate why in this case it is imperative for the Iowa City Council to consider the present peace resolution or offer an alternative one. Three reasons: one the local impact. There will be a significant economic impact in case of war right here in Iowa City for reasons already been addressed by my distinguished speakers. There's already a threat to civil liberties here in Iowa City which is bound to increase in the event of war. Hate crimes may also be another casualty or I should say another disaster after or during such war. There would be an increase danger of international travel by residents of our town if this is of an interest to this community. The number of part-time military personnel locally and state-wide are and will continue to be called up leaving a vacuum in local first responders such as police, fire, public health workers, EMTs, etc. just at the moment that our own CIA tells us we will most need them at home. There's also a widespread public sentiment supporting peace resolution. You do represent us. So please hear us. (Can't hear) recent peace demonstrations, visuals and local poll figures several hundreds have signed peace petitions. Many of us have wrote and called several of you honorable Council members. In the end I will end by saying one verse from the Holy Qur'an on which I'm sure in other holy books, the Bible and the Old Testament as well in different context and different words, "There has come to you from god a light and a clear book with which god will guide those who seek his pleasure to the paths of This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #4 Page 13 peace." May we all be guided to the path of peace. Thank you and god bless you. Maureen Connolly: Mr. Mayor and Council members my name is Maureen Cormolly. I'm an Iowa City physician and resident. The Medical Director of the Iowa City Free Medical Clinic and I'm also speaking as the co- coordinator of the Iowa Physicians for Social Responsibility. On behalf of the later group I ask that you please put on your agenda the resolution which has been discussed so that it may be subjected to the true democratic process, we may discuss it. And I also would like to say that not only am I a citizen of Iowa City I'm a citizen of this country and of the world and I really don't feel that I need to explain in detail how this coming war might effect Iowa City. I feel that what could happen is wrong on a humanitarian and a human level. It is against everything I believe in as a physician and as a human being that our country with its great wealth and might could attack and already ravaged country 50% of the population of which is below the age of 15. It is immoral and it is wrong. As a physician and a human being I believe in the dignity of every single person no matter where they live. No less whether they're living in Iraq or here. And the painful irony of going through a day at work and examining and caring for people while knowing that the administration of my country is considering murdering innocent people really does not escape me. And it is hard to live with. I also would like mention that I believe that the sanctions that that country has been living under for the past 12 years represents a very slow and agonizing form ofbioterrorism. They have been stripped of their ability to maintain a clean water source, electricity, or basic health services. And therefore I feel compelled to express my voice here because I believe that silence in such a circumstance is tacit acceptance of what is wrong. And thank you for the opportunity. Lehman: Thank you. (Can't hear) one more speaker. We're going to take a break. After that break we will proceed with the agenda. And if those folks who wish to speak later would care to stick around when the meeting is over which I can't tell you when that would be, but my suspicion is at 9:00 or 10:00 we will again have public discussion. So go ahead. Katy Hansen: I'm Katy Hangen, the Executive Director for the Iowa United Nations Association. We are a nonprofit educational organization. We support the United Nations and we promote public participation in the discussion and decision making process relative to the global issues that are being discussed in the United Nations. We are a statewide organization and we have an office here in Iowa City. We support the resolution that the community is bringing forward to you to pass. It This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #4 Page 14 corresponds to what we stand for. We have our own statement which I believe you many have copies of. We state in part that we believe there should be no U.S. military action in the absence ora clear and imminent threat, that the presence of weapons inspectors should be continued as long as necessary for the purposes of disarming Iraq, and that all actions for compliance by Iraq should go through the United Nations security council. I understand some of you do not believe it is your role to make statements on international issues. I wonder ifa City Council in the town in Iraq would feel the same way. Either about their own role to be able to speak out or about your desire to remain quiet. I want to tell you that war is everybody's jurisdiction because war will affect you here at the City Council and Iowa City, and its citizens, its businesses, its hospitals and its educational institutions. The question is not whether this is your just jurisdiction. The question is do you want us to go to war or do you want to solve this problem through the United Nations. The United Nations has had 55 peace keeping operations since 1948. Currently there are 13 under way. There should be no rush to war. We have had UN peacekeepers in Cyprus since 1964. And in other areas, in the Middle East for instance, for more than 50 years. Our own troops have been in Europe and Korea and other places since the end of World War II and the Korean War. We can have weapons inspectors in Iraq for years to insure compliance. There is no need to go to war. War on the other hand will cause immediate disaster for the Middle East and it will rest the destruction of our international legal system which will in turn affect you. It is in the interest of the City Council to have international peace and a peaceful way of working out those problems. The Iowa United Nations Association urges you to reflect your concerns for your community through the acceptance of the resolution. Thank you. Lehman: Thank you. Alright I'm going to break my own rule. There's two young folks who that we're going to talk to. Go ahead. Tareq Abuissa: Hello. My name is Tareq...hello. My name is Tareq Abuissa. I'm a fifth grade student at Shimek Elementary. I'd like to recite a few quotes about peace. "Peace through strength is much less effective as strength through peace." "If war were effective all of our problems would have been solved thousands of years ago." "Non-violence is the finest quality of the soul, but it is developed by practice." "Almost anything you do will seem insignificant but it is important that you do it." That's it. Lehman: Thank you. Carson Bodnarek: My name is Carson Bodnarek. I'm a 6th grader at Shimek Elementary. Mayor Lehman recently visited us for our geography bee. I would like to recite two quotes that have moved me deeply. "World peace starts This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #4 Page 15 here. I will not raise my child to kill your child" by Barbara Rue. "We cannot shake hands with clenched fists." Please vote for opposing the war on terrorism. Thank you. Lehman: Thank you. Okay we're going to take a break until 10 minutes after 8:00 at which time we will start with the regular agenda. Thank you folks very much. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #5 Page 16 ITEM 5 PLANNING AND ZONING MATTERS Lehman: Okay Item 5 are Planning and Zoning matters. Champion: Mr. Mayor could I just ask a question? I don't know if it would be appropriate at this point, but we have a lot of people waiting. I don't know if the Council would support not an anti-war resolution, but a pro-peaceful settlement resolution. Is there any support on the Council to do that? Lehman: Well why don't we discuss that during Council time. Champion: Okay. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #5c Page 17 ITEM 5c PLANNING AND ZONING MATTERS c. Consider a motion setting a public hearing for March 11 on an ordinance changing the zoning designation from the CB-2, Central Business Service Zone to CB-5, Central Business Support Zone for Block 67 of the Original Town Plat, excepting the 6,000 square foot property at 130 North Dubuque Street (REZ03-00006) Lehman: (Reads item). Champiou: Move to set the public hearing. Vanderhoef: Move to set the public hearing. Lehman: Moved by Champion, seconded by Vanderhoef. Ail in favor? Kanner: Hold on a second, Ernie. Lehman: Yes. Kanner: I wanted to point out again to the public that the block that we're talking about here is Market, Dubuque, Jefferson, and Linn. And if you are concerned about perhaps historic preservation or what the neighborhood would look like this could change pressures in that block, densities, there will pressures for buildings to sell and bigger ones to be put up there. It could be good. It could be bad. I'd like to hear from you at the next...at the public hearing that's being set with this resolution. Lehman: Which is March 12th. Vanderhoef: 11 th. Lehman: 11th. I'm sorry. Item d consider a motion... Karr: Sir, do we have a vote on setting the public hearing? Lehman: We did. Karr: Okay. Kanner: I'll throw in an aye. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #5e Page 18 ITEM 5e PLANNING AND ZONING MATTERS e. Public hearing on an ordinance rezoning 1.6 acres of Community Commercial (CC-2) to Public (P) for property located at 1828 Lower Muscatine Road. Lehman: (Reads item). Champion: Move to set the public... Lehman: Public hearing is open. Vanderhoef: This is the one that is property that was purchased by Kirkwood Community College which was the old Hardees... Lehman: Hardees. Vanderhoef: ...location down there. So this is just a technicality that we have to remove it from the public role and it will become non-taxable property. Lehman: Public hearing is closed. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #5h Page 19 ITEM 5h PLANNING AND ZONING MATTERS h. Consider an ordinance vacating portions of Madison Street, Davenport Street and Bloomington Street right-of-way. (VAC02-00008) (Pass and Adopt) Lehman: (Reads item). Champion: Move adoption. Pfab: Second. Lehman: Moved by Champion, seconded by Pfab. Discussion? These are vacations to the University to (can't hear) in using the old water plant site which they are purchasing from the City. Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #6 Page 20 ITEM 6 A PUBLIC HEARING TO DISCUSS THE PROPOSED OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2003 THROUGH JUNE 30, 2004, THE PROPOSED THREE-YEAR FINANCIAL PLAN, AND ALSO THE MULTI-YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2007. Lehman: (Reads item). Public hearing is open. Prior to any public comment I would like Mr. Atkins if you would give us kind of a thumbnail sketch of where we are and what we're proposing. Atkins: This evening's hearing is for budget year fiscal '04 which begins July 1 of this year and concludes June 30 of '04. The process of preparing our budget begins in late September and early October and takes about a full nine months before we're complete. One of the interesting things about budget preparation in Iowa is it's also right in the middle of a State legislative session so you never know for sure whether you've done what you're suppose to do until somewhat after the fact. A budget is an estimate of revenues and expenditures for a given period of time. And in Iowa the format for the budget is generally prescribed by law. We prepare an extensive summary budget which we distribute to our citizens upon request. We've put out about 150 copies as well as having the budget on our web page. I believe we can expect a difficult budget year for the State. You'll recall last year we anticipated fiscal '03 and '04 would be problems with respect to the State and thereby the monies that are made available to us by the State and the regulations that govern our budget preparation can be rather profound. In anticipating a two-year we have balanced the budget for '04 understanding that there would be those difficulties. What it means to us is that we really have very little room to make any kind of dramatic changes. There are a number of influential factors that we use in the balancing of the budget. And again I would propose to you that we would have no layoff or reduction in force. There are a munber of noticeably cost increasing many of which are beyond our control. I'll site a few examples. Last year the county chose to reduce the Senior Center financial contribution of $140,000 to $100,000. This year it has been reduced to $75,000. We directed the Commission and they're actively involved in the process of preparing recommendations that will make up for the approximately $60,000 loss in income from the county. We have projected a $575,000 contract with the county for the SEATS program. After discussion the final budget is $680,000 or approximately a 19% increase. Our airport - three years ago the airport received a general fund subsidy of approximately $100,000. This year it's $180,000 and that was only after extending some debt payments and making a number of changes This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #6 Page 21 in order to keep that as low as we possibly could. Employee pensions - notably our police and fire pensions - underperformed with respect to their income. This is plan managed by the state and has the effect of the state sending us a bill and we will have to appropriate an additional $400,000 to meet our obligations to the police and fire pension. Our property insurance also increased $130,000. This is a 22% increase in the cost of general property insurance for the City much of which is the fallout from 9/11. and our health insurance we're experiencing the same problems as many providers of health insurance and over the last two years our increase in cost has been approximately 50%. I think you can understand that the budget balancing with all of the state regulations has been difficult. But we have been able in this budget to maintain our reserve position which supports our credit rating. As the Mayor announced during his State of the City we enjoy the highest level of credit rating with respect to our general obligation and our revenue bonds. Unfortunately again to repeat it does not leave us more room for initiative. There are two pending issues that I believe need your attention. The Farm Bureau has created or has proposed a new program called the state tax increment renewal plan. It has the effect of taking 4.5% of our tax base and transferring it to the state. It's about an 85 million dollar hit on our tax base. That's rather substantial. The effect of it instead of being able to budget 100% of our tax base for local purposes we would budget 95%. Also there is pending litigation called Senate file 41 which would limit the City to any growth and revenue to the CPI, would consolidate all of our tax levies which would virtually kill our bond rating and fix the amount of money that would be available to us. Our estimates are that our general fund would lose about 14% of available income. Again these are pending. Hopefully they will adjust it in reasonable periods of time in order for us to manage accordingly. The Council also in this budget plan that we have reduced the level of indebtedness. That is we have slowed the expansion of our general obligation debt as a matter of policy. By having the effect of limiting our new debt to approximately the debt that we retire. So that we will not be growing our debt burden. This reduces our ability to raise capital and to do certain projects, but it also I believe in these times is good fiscal policy. The budget is balanced within the state law. You're schedule for adoption on March 11th. Lehman: Thank you, Steve. Comments from the public. Kevin Boy& I'm Kevin Boyd. And I'm here tonight on behalf of the Iowa City Parks and Recreation Commission. You've got several of our other members here tonight although our Chair and Vice-Chair aren't here so I'm speaking. We have Sarah is here and Judith and I think I saw Nancy outside. And we're here tonight to support...to show our This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #6 Page 22 support for funding the development for the Water Works Park in fiscal year '04 and in fiscal year '05. We appreciate your past support of the Parks and Recreation Department. We appreciate your hard work on the City budget. We know it's no easy task. But we do have some concerns about the proposed budget. In your Council packets there should be a letter from our Chair, Matt Pacha, to you the Council expressing those concerns of the elimination of the proposed funding of the Water Works Park. I'll just highlight, amend and emphasis a few of the major points in the letter. As you note the Department staff works very hard to maintain all of our parkland with the limited resources we have. They do a fantastic job, but you are all aware of the need for additional staff to support our growing parkland. Our primary concern with not funding the FY'04 portion of the project - the part that develops the private or that develops the prairie grasses m~d wildflowers - is the amount of staff time that will have to be devoted to maintaining the park. Our letter states the mowing would take 16 to 20 person hours for every two or three weeks. We have since learned that employee in the Water Division last summer started mowing at one end and by the time he finished at the other had to begin again where he left off just to maintain a reasonable level of grass. Which essentially is a full-time worker mowing the 100-150 acres. We also feel that the prairie development is important not only to help alleviate the staff time, but also it would become a community asset. And it takes time to do that. Prairie development will take 3-5 years before it fully matures. Additionally the prairie will provide an example of good stewardship of the land. Finally, this is a project that is a top priority of our Commission and has been for the last few years. And as a Commission we urge you to reconsider your decision and include the development of the Water Works Park in the budget. Thank you. O' Donnell: Thanks, Kevin. Lehman: Thank you, Kevin. Sarah Wal×: Hi. My name is Sarah Walz and I'm also here on behalf of the Commission and also as a park user. When I first heard about the plan for the prairie project at the Water Works Park I was really excited because it's a fantastic plan to restore a high quality prairie. And for those of us who love prairies - and there are a lot of people in Iowa City and Johnson County will drive a long way to see a nice prairie. The nice thing about this prairie is it will be in the City. It's in bike- able distance. It's easy for people to get to. I think also that it represents a great step forward in the management of Iowa City's natural parks. As my colleague just mentioned park staff can move away from the expenses of turf management and get into more This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #6 Page 23 sustainable management. I had a lot of things that I wanted to say tonight, but I'll keep it short because I know you have a lot of big issues in front of you. But what most impressed me about this plan and the way that I hope that you'll think of it is that seed money and that's, you know, a pun, but it's also something real because the way that I looked at it was this is really a unique opportunity to educate people about native areas in Iowa. I heard Paul Johnson from the DNR speak a few years ago and he said that although you wouldn't know it Iowa is the most developed state in the country. We have very little natural land set aside. This is a really great opportunity. I think the Parks Department sees this as a great way to educate people, teach them about prairie restoration. And it also is seed money because in the future there are other parks that are looking - Friends of Hickory Hill Park is one example - to do prairie restoration projects. If this prairie is restored a common thing that a lot of cities do it you bring in volunteers to hand harvest seed and you can seed your other areas and you don't have to buy seed anymore. So I see this park as setting a great example for all of Iowa City's natural areas, for all of Iowa City's open lands that you're not just investing in this one place, but that you're investing in all the parks. So I hope that you'll have an open mind and think about this and consider putting it in the budget. Thanks so much. Lehman: Steve I have just a question. Once we publish the budget and have a public heating if we make changes in that budget that can down, but not up? Atkins: Can go down, but not up. Lehman: In other words we cannot add to the budget that was published for this public hearing. Atkins: You cannot add to it. You have to amend something else. Lehman: Right. Okay. I think that needs to be clear. Melvin? Melvin Dvorsky: Melvin Dvorsky. I just wanted to commend you folks on the excellent job. I reviewed the budget from top to bottom this afternoon. Considering the hard times we're in - and I know it's hard for everyone. This was an excellent work like I said considering the hard economic times. You're all to be congratulated and sincerely thanked for your work for the good of the citizens of Iowa City. I thank you very much. O'Donnell: Thanks. Lehman: Thank you, Melvin. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #6 Page 24 Karmer: Just to clarify a little. This does give a blueprint for the year - fiscal year '04. We do amend the budget and can change things once it's out there and we could add things. Atkins: Yes you can. Lehman: We can't add to the total. Karmer: No, not this year. But once it's in effect for fiscal year '04 we certainly are able to add projects or delete. Atkins: You can add projects Emie, but then you have to go back to a hearing remember to amend the budget. Lehman: Okay. Atkins: It requires another hearing. Bob Welsh: My name is Bob Welsh. I live at 84 Penfro. I have had in my possession for a couple of weeks, but was shocked when I looked at the first line of your budget on page 78 which is the Senior Center budget. I realize the historic formula of 80/20 - City/County and that whole philosophy. I realize that last year you contributed not 80%, but 85.57% of the Senior Center budget. I was really shocked when I looked again at the first line which is property tax that you all have decreased the property tax going to the Senior Center by $83,537 over what is in this year's budget. If you use the same percentage rather than $545,000 you would give $580,000 - an increase of $35,000. If you continued at the same level as last year you would increase it the $83,537. Let me assure you that I'm an equal opportunity citizen at this point. I am not only here tonight to encourage you in your considerations and deliberations to increase your portion of the property tax for the Senior Center, but I've also in the last four hours talked to five members of the Johnson County Board of Supervisors urging them to increase their giving to at least that of last year. I have no assurances from them just like I don't expect tonight to get any assurances from you. I am laying that on their table and I'm laying it on your table. I think that, you know, you speak very highly of your commitment to the Center and I appreciate that and I respect that, but then don't decrease your tax giving, tax amount. There's nothing sacred in that 80/20 formula. It was not the case last year. And so I trust it in your considerations and deliberations you will consider that issue on page 78 of your budget. I realize what City Manager has said about the fact that you cannot Lncrease the budget and it means you would have the task of finding $35,000 some place else or $83,000 some place else. But my guess is that you are creative enough that you could do that if you desire. And I guess I want to express appreciation This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #6 Page 25 for your support of the Senior Center. I just want you to do more than what is manifest on page 78. Thank you. O'Donnell: (Can't hear). Lehman: Thank you, Bob. O'Donnell: I hope your next appearance is in front of this Board of Supervisors as a group. We had a 20/80 agreement for a lot of years... Welsh: I understand that. O'Donnell: ...that dropped $40,000 then another $25,000. Welsh: I understand that. O'Dormell: And I sincerely hope that you approach them as a group. Welsh: I think they understand that I'm going to approach them at the next meeting which is on Thursday. O'Donnell: Okay. Thank you. Welsh: And I'm approaching you tonight because this is your time and your public hearing. Thank you. O'Donnell: Appreciate that. Lehman: Thank you, Bob. Holly Berkowitz: Holly Berkowitz, Iowa City. It seems that the budget is not an isolated, local event either. It's very interlinked with the national, state and global situation. And I'm going to read a couple of slices from the newspapers and magazines that make that clear. Lehman: As long as they're relevant to the budget because this is a budget hearing. Berkowitz: Okay Lehman: Okay? Berkowitz: First of all I would like to point out that you would like to build a center for mass transit in Iowa City, but the section from the budget - the Federal section may not come through about 2 million dollars. Is that right? And I'm not sure what the reason is for that because mass transit Amtrak only uses like one percent of the federal budget of transportation whereas highways use about 30% or more. And then This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #6 Page 26 Amtrak is expected to make a profit also. Probably the buses are too. I don't know. I don't think that buses and trains should be expected to make a profit because they are helping reduce the dependence on our subsidies to the transportation sector. So I think our privatization and segregation of our minds to world events is really killing our local economy and our national economy. I would urge you to apply the same kind of statistical analysis that you made with First Avenue, Scott Boulevard saving gas and trips because that was really phenomenal. I lost the piece of paper that told me that. Do you have it there Ernie. Lehman: I do. Berkowitz: Can you read some of those? Lehman: I'I1 get it to you later, but I do have it. Berkowitz: Okay. Lehman: But you're right it's very outstanding. Berkowitz: Read one of them. Lehman: Well I think it's like 1.3 million dollars a year savings in fuel. Berkowitz: That was phenomenal. Lehman: Yeah. Berkowitz: What would happen if we had a City policy, a City department to try to do this kind of thing with car pooling, walking, try to reduce trips. I bet that everyone in this room...let me take a straw poll. Raise your hand... Lehman: Holly, you need to talk in the mic. Berkowitz: ...if you think that you could reduce your trips into town by one trip per week. Okay who couldn't do it raise your hand. Nobody has their hand raised. What would be the calculation of the amount of gasoline solved then. We could prevent a war if we had...if our city and other cities had a department of fuel conservation. And I urge you therefore to think more globally both on this issue and on the war because it is a local issue. I want to point out that the federal economy does affect the local economy. And you have a responsibility to give feedback to the federal economy economics so that the system can work. The national system has to have feedback between the local and the federal and the federal and the local. Otherwise it's going to fail. A captain of a ship has to listen to every single voice because the smallest voice This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #6 Page 27 on a ship may have been the one to see the iceberg. So one of these comments from one of these people who have spoken tonight or that will speak afterwards or that you get a letter from may have a very important point. And I think it's important for you to open up the discussion for that. And war is an economic issue. I'm getting distracted. I feel that the reason that the national economy is failing is because it instituted policies of deregulation, privatization and theft of public resources. We saw that with Reagan. We saw it with the... O'Donnell: Holly, you moved away from the... Berkowitz: We saw it with Reagan, the theft of the savings and loan scandals. The use of public funds in the Iran Contra and we saw it in the Enron that is infecting...the Enron scandal which was a scandal. And you need to say something for...about that. You need to give the feds feedback that you don't... Lehman: You need to wind this up, Holly. Your five minutes is just about there. Berkowitz: Okay. Lehman: Okay? Berkowitz: You don't believe that it's the right of the federal government to take from the local and the state or to shift costs onto the local or the state. Stand up and say something. I am going to run for Council if you don't do that, Lehman: Thank you, Holly. Berkowitz: In other words privatization is essentially the same as segregation. Thank you. Lehman: Thank you. S~even Nelson: Steven Nelson, 1033 Sandusky Drive. I want to comment on the proposed budget both for 2004 and as the agenda lists the three-year financial plan also the multiple year capital improvements program. I represent the neighborhood along Sandusky where we have frequent storm water retentions and we object that this project is not included in the Council work sessions. It was dropped out. This summer Dave Robertson worked with City Engineer to come up with an idea that was acceptable to the neighborhood. You were given a petition last fall asking that our convents be reinstated so that we can limit development on the backyards where flooding occurs. You've not responded to that. We've asked for two capital improvement projects to lessen the pool height and we think those should be included if not This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #6 Page 28 this year at least in the three year or somewhere in the capital improvement plan. You've put this off for 20 years. It's been a problem for over 20. Everyone recognizes it, but nothing gets done. And it's time. We're getting tired. Now our covenants are gone. We have no way of controlling flooding. (End of Tape 03-19, Beginning of Tape 03-20) Nelson: ...an unsafe division in Iowa City. You've known about it for 20 years and still you propose to do nothing. And as a neighborhood we're small. Our problems are tiny compared to what's happening, but they're real. There's no excuse. A lot of problems inthe south district are hard to solve. This one can be solved with one good project. And I think it is time... Lehman: We will look into this, but this has been looked at many times in the last 20 years and there's been lack of cooperation in the neighborhood and that's why nothing has happened. Nelson: No, no... Lehman: We will look into it. Nelson: The neighbors have a right to their yard. What the City doesn't have the right is to dump all the water from the Hollywood subdivision to our backyards. I know you have the easement. That's gone. The covenant is over. It's time to move on this project. Lehman: We'll look at it. Nelson: Thank you. Lehman: Anyone else like to speak to the budget? Berkowitz: Two more things. From the Washington Post December 16th, 2002 - new tax plan may shift in burden...may bring shift in burden. Poor could pay a bigger share. New York Times, February 11th, 2003 - renters receivix~g U.S. aid to pay more under budget proposal. Bush is planning on lifting the $50 maximum charge to a $50 minimum. Just thought I'd bring that to your attention. Lehman: Thank you. Public hearing is closed. Karr: Motion to accept correspondence. O'Donnell: So moved. Pfab: Second. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #6 Page 29 Lehman: Moved by O'Donnell, seconded by Pfab to accept correspondence. All in favor? Opposed? Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #7b Page 30 ITEM 7b AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE TO DECREASE OR CHANGE THE RATES FOR FEES AND CHARGES FOR WATER SERVICE CHARGES. b. CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Letm~an: Do we have a motion? O'Donnell: Moved first consideration. Vanderhoef: Second. Lehman: Moved by O'Donnell, seconded by Vanderhoef. Discussion? You know I'm not sure and no one is old enough to be able to tell me, but I'm not sure this won't be the first time in the history of Iowa City that a water rate has been reduced. Historic event. Roll call. Kanner: Emie? Lehman: Yes. Kanner: I'm going to vote for it of course (can't hear) going to vote for this. But there is history, there was decisions made in the early '90's on the size of the plant that people disagreed with. Some say it's perhaps too big for our need and just promotes turnout line development. And also you talk about our Aaa bond. It's been sold to us that we had to put a large down payment. One of the reasons we had such high prices is because there was a philosophy of Council that agreed with that - the majority. Lehman: That policy came from the Council. Kanner: Right along with the recommendation of the City Manager. Lehman: No. I don't think so. That recommendation of 20% down did not come from the City administration. It came from the people sitting right here. Kanner: Okay. Vanderhoefi In '96. Lehman: And that is a fact. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #7b Page 31 Vanderhoef: In '96 or '97. Lehman: Actually it was '93. Vanderhoef: Well there was another one. Lehman: Yeah, but that's where it came from. Kanner: And I...when I joined the Council I voted for a few of those, but I think it's something that needs to be a part of the future discussion that Aaa is not all golden and the only thing that we have to work for. People took tremendous burdens when the water rates have risen the past 5, 8 years - tremendous rates of increase. It makes it difficult. We do have a discount program for low-income. And people make use of that. But still it's a tremendous burden on people that don't qualify for that. And we have to keep that in mind that Aaa is not the answer for everything .... Lehman: I don't think... Kanner: ...at all expenses... Lehman: I agree with you if these are revenue bonds not subject to Aaa ratings any~vay. Kanner: One of the things though that we say is...what I heard is that we wanted to have 20% down so that overall it would look good for our finances to get our Aaa rating. Lehman: No, it was to keep the cost of the project down. Because if you pay 20% down, you don't interest on 95%, you pay interest on 80%. Kanner: So is that wrong that it doesn't affect the ratings - revenue rating, bond rating, general... Atkins: Everything affects the bond rating. Water revenue bonds are rated differently than general obligation bonds. Karmer: Doesn't that effect having a bigger down payment in theory one might say that it affects the ratings that we can get. Atkins: Our water revenue bond rating is due substantially to several things. One is the money management. Two is the fact that we enjoyed very, very good bids on the project. And a third was that you chose to use cash in lieu of debt to pay for a portion of the project and that was the 20% policy that was developed. Lehman: But that's a revenue bond. It has nothing to do with Aaa bond rating. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #7b Page 32 Kanner: But the cash down payment in theory that was what was being proposed. Whether it contributes directly to Aaa I would still argue that it still contributed indirectly. Champion: To the water bond rating. Lehman: Yeah, but that's... Kanner: (Can't hear) to the overall health too. If affects our overall health and our general... O'Donnell: I think we need to decide whether we want to reduce the water bills 5%. Karmer: But just let me...I have one or two sentences to finish up, Ernie. Lehman: Go ahead. Kanner: I think that it again we have to look at things a little more in-depth than just supposedly helping our ratings here and down the road. It could be killing a lot of people figuratively in the near tenn. Lehman: ! don't disagree with Steven, but the down payment was designed to lower the cost - total cost - of the project so it would actually cost the users less money in the long run. And that's why we had the 20%. Champion: And I just want to refute the Aaa bond rating not being important because with a lot ofpeople who have trouble paying rents - and rents in Iowa City are exorbitant - but a Aaa bond rating saves the taxpayers of Iowa City millions and millions of dollars. That also means that it saves renters millions and millions of dollars. So I disagree with you. I think it's important to all levels of the economy that if we can possibly keep that Aaa bond rating and save our taxpayers millions of dollars more power to us. Lehman: Let's vote and save everybody 5%. Roll call. O'Donnell: 5% is all we're asking for. Champion: I can't stand it. It drives me nuts. Lehman: Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #8a Page 33 ITEM 8a THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE SCOTT PARK TRUNK SANITARY SEWER PROJECT. a. PUBLIC HEARING Lehman: (Reads item). Public hearing is open. Boy you barely made it. Vanderhoef: Walk faster, Glenn. Glenn Siders: I promise I'll be brief. Lehman: I know you will. Siders: My name is Glenn Siders. I'm here representing Southgate Development Company. I would like to say that as you probably know a majority of this trunk sewer will be going across our property and we are in favor of the alignment of the sewer and we think it's going to be a good thing for the east end of Iowa City. It's going to bring residential and convert the commercial development available. I say that with a caveat. I realize this is public hearing on the acquisition of the property, however, it's my understanding in talking with the engineers that this is done as a City project and going to be done on an assessment basis. We would request that we be given the opportunity to put our own section of the sewer in. We feel that we could have a significant savings if we're allowed to put the sewer in through our own property. Thank you. Lehman: Thank you, Glenn. Vanderhoefi Has there been discussion of that with Staff, Steve? Atkins: I'm not aware of it. I'll find out. Lehman: You'll check it out. Okay. Any other input at the public hearing? Public hearing is closed. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #i1 Page 34 ITEM 11 CONSIDER AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATION," CHAPTER 5, "MAYOR AND CITY COUNCIL," SECTION 3, "COMPENSATION" TO ALLOW CITY COUNCIL MEMBERS TO PARTICIPATE IN THE CITY'S GROUP HEALTH INSURANCE PLAN AT THEIR OWN EXPENSE. (SECOND CONSIDERATION). Lehman: (Reads item). Champion: Moved. Wilbum: Second. Lehman: Moved by Champion, seconded by Wilburn. Discussion? Vanderhoef: We had a letter from a citizen that seemed to not quite understand that and I would like to just have a reply to be sure that Mr. Spratt understands. Atkins: I'll take care of that. Vanderhoefi Thank you. Lehman: Roll call. Motion carries. Karr: Motion to accept correspondence. O'Dounell: So moved. Vanderhoefi Second. Lehman: Moved by O'Donnell, seconded by Vanderhoef to accept correspondence. All in favor? Opposed? Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #12 Page 35 ITEM 12 CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PROJECT AGREEMENT BETWEEN THE IOWA DEPARTMENT OF TRANSPORTATION, THE CITY OF IOWA CITY AND THE BOARD OF REGENTS OF THE STATE OF IOWA. Lehman: (Reads item). Vanderhoefi Moved the resolution. O'Donnell: Second. Lehman: Moved by Vanderhoef, seconded by O'Donnell. This project is relative to the repair and restoration of the pedestrian crossing bridge on Riverside Drive outside of what - Iowa Avenue. Vanderhoefi And it's a split up cost sharing. This is an Iowa DOT 50%, University of Iowa 25%, and City of Iowa City 25%. Lehman: Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #13 Page 36 ITEM 13 CONSIDER A RESOLUTION AUTHORIZING THE CITY OF IOWA CITY TO PARTICIPATE IN AN AGREEMENT FOR SERVICES OF CONSULTANT REGARDING A JOINT STUDY OF FEASIBILITY OF ESTABLISHING MUNICIPAL UTILITIES AND AUTHORIZING THE IOWA ASSOCIATION OF MUNICIPAL UTILITIES TO SERVE AS AGENT FOR THE AGREEMENT FOR SERVICES. Lehman: (Reads item). Do we have a motion? Vanderhoefi Move the resolution. Wilbum: Second. Lehman: Moved by Vanderhoef, seconded by Wilbum. Discussion? Dilkes: Ernie, I'm going to have Andy Mathews of my office come sit where I am since he was directly involved in choosing the consultant if you have questions. Lehman: Okay. Karmer: Andy what was the process that folks went to to pick the consultant? Just briefly outline that please. Matthews: A request for bids was sent out to interested organizations, interested companies prior to that RFP going out. Inquiries were made with numerous firms around the country asking whether or not they were interesting in responding to a RFP. Those that responded favorably were included on the list. The RFP went out. We received the proposals. We reviewed them as a group. We then selected from that list two companies to interview. And from those interviews we selected one consultant. Kanner: Was it unanimous? Matthews: Nearly with respect to the final decision- nearly unanimous. Ithink there was one municipality that had some concerns with respect to the independence of the consultant. And there was another municipality who had worked with the other firm and because of that felt more comfortable going with that. But other than that it was near unanimity. Kanner: Concern of the independence going which way? That they went the independent towards? One way or the other? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #13 Page 37 Matthews: The consultant chosen works with a number of entities in purchasing power. Additionally that consultant had background in the utility side of the business. Kanner: And the private utilities. Matthews: Yes. Karmer: Thanks. Lehman: Larry? Larry Baker: My name is Larry Baker, 1217 Rochester Avenue. First of all I'd like to thank Ernie. I talked to him earlier this afternoon asking iii could speak tonight about this particular issue and he was gracious enough to allow me even though there's not a formal public hearing attached to this. I have two issues tonight. I'd like to thank the Council tbrmally for taking this important second step. And I've been asked by the Citizens of Public Power to read a short statement, copies of which you have. And then after that I have a separate statement from me only based upon my experience in city politics and city government with issues that are very relevant to this decision that you're making tonight. So first of all let me quickly for you and for the public thank you for this decision - for allowing an opportunity to meet to protect Iowa City businesses and residents from historically high electric rates. And as we've pointed out in our presentations before you in the past Iowa City small businesses and residents pay respectively at least 32% and 28% more per month than the average paid by their counterparts in 137 municipal utilities in the state of Iowa. It's important to remember that this is not a debate tonight about the pros and cons of public utility because what you're doing is allowing that debate to occur. And it can only occur if we have information and that's what you're doing tonight. It's an extremely important step to take. This letter from Carol Spoziani and Solemn Mikies of co-chairs of Citizens of Public Power ends with this paragraph - "This historic opportunity for the current and next generation of local electric rate payers is in your hands. Your decision to join hands and launch a feasibility study with some 20 other communities including the University of Iowa is a case in point. We can only gain by wisely, intelligently and objectively exploring all possibilities." And it is that exploration, that being with this process, and it's an exploration I think that will be absolutely essential for an intelligent debate in the future. Now that's what the Citizens for Public Power would like to say tonight publicly. ! have a personal comment and it comes from the last paragraph of Mr. Matthews report to you. And let me quote that. In his words, "Legislation may be considered in the Iowa House of Representatives which would block formation of any new municipal utilities currently This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #13 Page 38 served by another utility if that utility objects." In other words legislation is being considered at the state level that would preempt any debate in Iowa City. Put in the clearest possible terms MidAmerican Electric is attempting to prevent an open and informed debate in Iowa City and all the other communities who are participating in this feasibility study. Now regardless of your individual feelings about this issue - whether your pro or con, municipal utilities or not - and we don't know as a group because we're looking for information. It may be that this feasibility study comes up with facts and figures that do not warrant proceeding any further. We don't know that. Regardless of that I think you have to recognize that this legislation which is winding its way through the legislature now is another attempt - and some of you have been on the Council long enough to remember other issues in which the state legislature has preempted your power - it's another attempt to circumvent the democratic process at the local level. And by doing so there is a bedrock of local government in Iowa called "home rule" and that is gradually being eroding more and more. And for that reason alone again regardless of your feeling about public power I would ask this Council to direct the City Staff to keep it informed about the progress of such legislation and as soon as the substance of that legislation is known and you can junction with the Iowa League of Cities to formally oppose its passage. We'll be back to talk about that. And let me emphasize again the issue is not public power. The issue is about Iowa City's ability to speak for itself, think for itself and vote for itself. And those are our rights and we're sure that you'll help to protect those. In addition I would hope that everybody else in Iowa City contacts their local state legislatures and ask them to study this and oppose this because this decision tonight can be rendered meaningless if that legislation passes. So Joe Bolkum and Mary Masher and Bob Dvorsky and Vicki Lensing and Dick Meyers will be hearing from us as well. And we're counting on their intelligence, their integrity and their energy on all those issues that they have to deal with in the state legislature. We're confident that they will agree that Iowa City's energy future is an issue that must be decided here and by us. And we'd like for you to be well aware of that process. Have your staff keep you informed and once again thank you very, very much for this first step. This is, you know...let me close with this some people ask me do I miss city politics. O'Donnell: Be truthful. Champion: If the answer is much longer we're going to sit you up here. Baker: The answer is "no" for personal reasons, but let me tell you you all know that 95% of your job is processing paper. It doesn't....you could This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #I3 Page 39 have seven monkeys up there you get the same vote. It doesn't matter. It's the 5% of issues. You could have a monkey as a City Manager. It doesn't matter. I just wanted to make sure I threw that in. Lehman: Larry, your time is well over. Baker: 30 seconds and I'll come back, Emie. Lehman: Will somebody remove the monkey from the mic? Baker: This is one of those key issues where you will make the difference and for that 1 thank you. Lehman: Thank you, Larry. Before the next speaker let me just explain to those - I think everybody is up to speed on this. But I just want to do a little history. Our franchise with MidAmerican Energy expired, I believe, a year ago last November if I'm not mistaken. There were a group of folks within Iowa City who felt that the City of Iowa City should pursue the possibility ora municipal utility. We did have speakers speak to us from MidAmerican Energy. We had somebody from the Municipal Power Association. We had Bob Latham who is the person who has submitted the RFP which we're going vote on tonight. He spoke to us and indicated the incredible complexity of the electrical business not just for municipalities for whatever. This Council instructed our Staff to work with - and it turns out we have worked with 17 other entities in Iowa. I believe there are 16 other cities and the University of Iowa is the 18th participant. We received a bid for a study that I believe is approximately $165,000. The consultant agreed that based on the number of folks who had expressed an interest in this project that the charges would be based so much per entity plus a certain factor for the population. The issue that we have tonight as a Council is whether or not the proposal that we have received from Latham & Associates is acceptable to us. We have already agreed to do...and I have to emphasize this is absolutely a preliminary study. That's where we are and that's what we're talking about. O'Donnell: Could I just ask one question to Andy first? Lehman: Sure. O'Donnell: Andy, when...I read that article when is this vote likely to take place? Matthews: I'm glad you asked that because I was going to interrupt as a point of clarification. As of last week I had spoken to Iowa League of Cities staff and staff at Iowa Association of Municipal Utilities. At that point as of last week formal legislation had not been introduced yet. It was being discussed and considered to be modeled after a somewhat This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. # 13 Page 40 similar statute in Missouri, but to the best of my knowledge a formal bid had not been submitted to the House yet. It was being discussed as... contemplated to be introduced. Bob Elliott: I'm Bob Elliott, 1108 Dover Street. Larry speaks as well as he writes. So I'll try to follow up briefly. I may be late with what I suggest tonight. We'll wait and see. I think that the Council, as Larry said, to look into this. It's worth looking into. I think the Council, however, has overlooked what I think is a very obvious initial step in that it would take very little time I think to put together an inquiry as to what the initial cost of a municipal utilities would be. And if I'm accurate in what I understand that to purchase the infrastructure from MidAmerican would be at least in the neighborhood of 50 million dollars if not closer to 80 million. And purchasing that infrastructure may not even be possible because I'm sure that we are not their only users in this area and they might want to keep that. There would also be extensive litigation involved. And I think that when you look at the millions of dollars involved in this it seems to me that my initial thought is we can't afford to get into it no matter what the long range study might show. That said it just seems like the obvious initial step to take. I want to say before I go that I had a talk with Carol Spoziani a person whom I like very much and respect immensely and she is very much in favor of this and perhaps she and her people know a little more than I do - many people do. But I think this is the first step that should have been taken because if you ask me do we want to spend upwards of 50 to 60, 70 million dollars I think the study is warranted after that. Thank you. Lehman: Thank you, Bob. Kanner: Bob, I'm not quite clear, but my understanding is this study is the first step. Our share will be about $17,000 to $18,000 matched by UI and as part of the greater one. And I think it's unfair to throw out figures like that because we don't know what it is and in the long run I'm sure our friend Terry is going to be fair if we do get to the point of negotiation because they're good folks there. So thanks. Elliott: We disagree. Terry Smith: No comment. Terry Smith, 2220 Balsam Court, Iowa City, Manager of Operations for MidAmerican Energy located here in Iowa City. I want to compliment City Staff and Council here on the State of City address tonight. I think it was very appropriate and timely in fact. I'd like to stand proud with my fellow employees here tonight to insure you that even after the water main is fixed it would still be a cold, dark shower without the gas and electric provided from our employees here. So we stand proud with you on those. I speak with you this evening This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #13 Page 41 with no expectation that you will vote against this resolution. My goal is to set the expectations to ensure that everyone understands what to expect from this investment. When it comes to service and reliability MidAmerican has an excellent reputation that we all take for granted. It becomes one of those things that we won't realize how important it is unless we lose it. I let the reputation of our employees speak for itself. This is being billed as a pocketbook issue. The guarantee is the Public Power Initiative Group is getting into your pocketbook. They are spending taxpayer funds and they will be back for more money to further the studies or to fund a public referendum. The opposition would have you believe that you could save 30% on the average municipal rates. This analogy is seriously flawed. No single number can be used to make a direct comparison of rates. There are simply too many variables involved in the comparisons. My advice to you is simple - a phrase my father used to tell me - "numbers don't lie, but liars will use numbers." A key existing fact to consider is the existing municipalities don't pay property taxes. Granted some do contribute to the general fund, but not all of them and that does skew the average. Last year MidAmerican paid 1.6 million dollars in property taxes to the City of Iowa City. 1.2 million of that was based on its electric facilities installed. A second key issue is the generation cost the municipal utilities that has been subsidized by the federal government for years. Those subsidies are no longer available and any new municipality would pay market rates for its energy sources. The real story on rates is local cable TV rates here in Iowa City increased at a minimum 3.5 to 4 percent per year. Our only experience with a municipal run utility here in Iowa City is with our local water company and while we did reduce rates 5% tonight they have increased 350% since 1986. I have a chart here with me tonight that indicates the rates for the electric residential prices for MidAmerican Energy since 1986. Prices have been very stable during that time with no increases over the past 8 years and a guarantee of no increases in the future. And in fact when you consider inflation those rates have been decreasing. Utility rates are regulated by the state through the Iowa Utilities Board with intervention with Attorney General's office and the office of Consumer Advocate. There is no guarantee that MidAmerican will ever return a profit on its operation. We earn a profit only by the efficient operation of our business like any other business does. The difference for us is that our profits are capped. Unlike normal businesses we at MidAmerican operating in the state of Iowa are allowed only to return...make an earn of return on our investment of I2%. Should our returns exceed 12% and fall between a range of 12% or 14%, 50% of that return is returned directly to our customers. In the event our return on investment would exceed 14%, 85% of that is returned directly to our customers. As for the proposed study it is sponsored by the Municipal Utilities Association. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #13 Page 42 They have a biased, vested interest in this study and it will prejudice its outcome. I'm sure that all of you if I came to you tonight with a similar, independent study sponsored by the Utilities Association you would look at me with a jaundice eye and skew the results and the figures presented to you. This study will be no different. It has been our experience that these studies underestimate the cost of investing in a utility structure. They exaggerate the potential benefits and they fail to identify the associated risk. The portion of the typical bill that we're really talking about impacting with this study is really quite small. Think of your typical customer's bill. We're not talking about the gas rates, only the electric rates here. So you can cut the bill in half probably to begin with. Then we're not talking about generation. We're not talking about transmission. We're simply talking about distribution. By the time that you get down to that increment the impact on the typically bill is likely to be one-sixth of what you would typically see. And at what cost? The numbers that have been heard here tonight are minimizing that expense. We are talking hundreds of millions of dollars. MidAmerican is adamantly opposed to any effort because it is not in the best interest of our company, of our employees and most importantly of our customers. The reason there has been no...let me try that again...there is a reason there has been no municipalities formed in over a quarter of century. In the end the public power initiative will fail. The question is at what cost. As a member of the community, as a commissioner for this City, as a taxpayer, ! know this Council takes its fiduciary responsibility seriously and I encourage you to use prudent judgment on every action you take on this measure. With that I take back my opening statement. The persistence of a vocal minority should not be allowed to overshadow the interest and the will of the entire community. This is a waste of public funds and it will not end here. Thank you. Lehman: Thank you, Terry. Mike Kriegermeier: I'm Mike Kriegermeier. I'm the Business Manager for IBW Local 109. We represent approximately 50 members in the Iowa City area that are employed by MidAmerican Energy. IBW Local 109 members are trained and qualified workforce and have spent four years in an apprenticeship learning that job. That apprenticeship program now is registered with the Department of Labor. After the technical portion of that apprenticeship is completed the continuing education process begins. There they continue to learn about safety, system design and the interconnected system that they will be working on. IBW Local 109 members staff the operation during the day and they also have a provision that allows for after hours calls which provides the citizens of Iowa City with around the clock response to any emergency that may arise. The Iowa City lineman each worked an average of 700 This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #13 Page 43 hours of overtime last year. IBW Local 109 members have negotiated a wage and benefit package that is higher than what has been traditionally negotiated for a muni. The question becomes what would be the incentive for these members to move and start over. In 1998 when the straight line winds went through Iowa City MEC has a mutual aid assistance with other utilities and was able to pull crews from other MEC areas and utilities to restore power to the citizens of Iowa City without any additional cost to the rate-payers of MEC. The members oflBW Local 109 havejobs with MEC today. If they stay with the utility you would lose the ability to retain those valuable years and knowledge and skill that built the system that you're trying to take over. The availability of lineman on the open market is just not there. If you can find someone you're going to pay a premium. You're going to pay moving expenses, signing bonuses and a higher wage and benefit package to higher these people away from their other employers. In closing I would like to thank the City Council tonight for their time and I look forward to the lively debate on this issue in the future. IBW 109 is not going to go away. O'Donnell: Thanks, Mike. Lehman: Thank you. Kanner: Mike, is IBW in any of the other munis in Iowa like Muscatine or anything like that? Kriegermeier: Those are different locals. Kanner: IBWs? Kriegermeier: Right. Local 55 is the one. Mark Douglas: Mr. Mayor and City Council Members my name is Mark Douglas. I am President of the Iowa Utility Association. Our association is a statewide organization representing the investor owned electric and natural gas companies in this state. Those being Alliant Energy, MidAmerican Energy, Aquilla as well as Atmost Energy. I'd like to take ifI may offer a few brief comments tonight from that utility industry perspective on a couple of issues that I think merit certainly consideration by the Council and maybe better perhaps an understanding...promote a better understanding among the proponents o£municipalization that happen to be in this community. Let me begin by also talking about what the City Attorney's office has answered about the legislation in Des Moines fight now. In my capacity with the Utility Association I'm also a registered lobbyist with investor owned utilities. I can assure Mr. Baker and I will assure the proponents there is no legislation that has been introduced either in the House or the This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #13 Page 44 Senate in Des Moines. There have been no discussions - any formal discussions - in any subcommittee in either chamber or any formal committee - large committee - full conunittee in either chamber. I would caution Mr. Baker and others to make sure that they're not listening to rumors or innuendo or maybe an inquiry from a legislator on what they might do to stop municipalizations. But certainly there have been no legislation introduced in this legislative session. The current discussions in this community and some others as to promote local government takeovers of state and federal rate regulated private utilities seem to center on two primary issues. The first one is a promise of lower rates and the second one is local control or the protection of local control. It concerns our industry that the proponents of such efforts are incorrectly framing those two issues by drawing comparisons between Iowa's current municipal utilities and a proposed new government utility. Unfortunately what is getting lost in their comparisons is the energy environment today versus the conditions long ago that govern the establishment of most of Iowa's current municipal utilities. All of Iowa's 137 municipal utilities are at least 25 years old with most of them in operation for 50 to 100 years. Today as opposed to decades ago a new municipal utility faces significant obstacles. Those obstacles include -just some of them - today's federal limits on municipal bond financing, the absence of low-cost federally subsidized power that was once available, the prospect of purchasing or duplicating today's fully built out electric distribution system, the reality of paying for substantial power generation and transmission capacity that has been built or is currently in construction to serve the community, the 1998 state law that requires a new municipal utility to replace the property taxes of the private utility that it would displace and of course the uncertain of today's deregulated wholesale power market. Members of the Council this is the reality of today's energy market place. One that even my counterpart at the Iowa Association of Municipal Utilities recognized in a letter last week to one of our member companies. In that letter Executive Director, Bob Haug, correctly acknowledges that, "Iowa has almost the same number of municipal electric utilities now as it did in 1938." Mr. Haug further states and I quote from that letter, "the barriers to new municipal utilities have grown considerably in the last 30 years." Let me repeat that, "The barriers to new municipal utilities have grown considerably in the last 30 years and no municipal electric utilities have formed in Iowa since 1976." (Can't hear) most of Iowa established municipal utilities they've either built or bought in to inexpensive power plants, generating facilities or have the access to that federally subsidized power. It is simply unrealistic to expect significant rate savings from a new utility. Even in a publication which is the 2002 rates comparison again by the Iowa Association of Municipal Utilities that publication acknowledges the weakness of rate This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #13 Page 45 comparisons that proponents are promoting. I quote from that publication, "Exercise caution when using rate comparisons. They are at best a snapshot of a continually changing picture. They reflect facts and decisions that may no longer apply or are subject to change." Lastly the claims of local control providing greater protection for citizens is probably one of the greatest fallacies of local government takeover. The facts are unless the circumstances as I just mentioned exist and they do for established municipal utilities a new city municipal utility would expose its customers to greater risk and actually less control over rates because of the volatility of the wholesale market. Today's Iowa investor utilities are investing upwards of two billion dollars in power plants to serve Iowa customers. These new plants along with the existing facilities will provide a portfolio of reliable generation resources utilizing a diverse mixture of fuel supplies to ensure stable energy prices into the future. And speaking of prices and rates unlike city operated systems it has been mentioned of course that investor owned utilities by law undergo strict and federal regulation. A three-member board that appointed by the Governor. It's confirmed by the legislature. It is supported by a staff of 70 professionals at the Iowa Utilities Board sets and controls the rates of Iowa's investor owned utilities. Lehman: Mr. Douglas you need to wind this up. Douglas: Alright. I'll go to last then. Mr. Mayor and members of the Council you are considering participating in a study, a study that last night at another city council meeting was characterized by Mr. Haug of the Municipal Utilities Association as providing a best guess, educated guess on the range of potential savings. I certainly encourage this Council not to let the uninformed enthusiasm of some replace the fact- based reality of today's energy market place. Kanner: Mark...is it Mark? Douglas: Yes, Mr. Kanner. Kanner: Could you assure us that your organization is not going to introduce a bill at the state level to limit the ability to form municipal utilities this year? Douglas: I will assure you that our association is no~ going to introduce legislation that was referred to by the Council. I think you referred to Missouri legislation which is actually entering into condemnation proceedings. But we do not have an interest and will not be introducing that. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #13 Page 46 Kanner: And you might though enter into other legislation that might limit the ability to form a municipal? Douglas: At this point in time it's not on our radar screen. That's for sure. In fact there's even legislation where we're probably going to have to be working with municipal utilities on some transmission issues. Kanner: Thank you. Jim Larew: My name is Jim Larew, 228 Wolf Avenue. I've been active with a group who started 18 months ago began to consider whether or not it would be reasonable for the City Council to consider a proposal that we study before we act. A very large decision important to our community. That is to say whether or not we should sign a franchise extension with MidAmercian Company, not the same franchise that was signed 15 years ago when it was an investor owned utility with stockholders before it was owned by a handful of investors. A new entity whether we should continue with MidAmerican Energy in its present form or whether we should consider the prospect of a municipally o~vned utility company. It's interesting that it arouses so much interest that we have a series of out-of-city speakers coming to tell us what we should not do for our community, And it also interesting that whatever MidAmerica may like one thing that it does not care for it competition, competition in the marketplace, the competition of ideas. Because the whole thing that we're asking for tonight in which I think the Council will support is a feasibility study so that you can make an informed decision down the road as to what is in the best interest of Iowa City. It seems like a difficult position to take to discourage you even from collecting information and to attack the integrity of the information before it is delivered. When we first approached the City Council and approached a number of you as you were running for office if you'd agree to a modest study. At that time MidAmerica was saying it's going to cost so much to do a feasibility study you shouldn't even do it. We accepted the challenge of tight fiscal times. It's an unprecedented action. Before this there were two cities, non-contiguous, in the state of Florida who had ever joined together to do a feasibility study to see whether municipal power should be adopted by a city. In response to your challenge we have more than ! 8 cities who have taken an interest in the negotiation representing 200,000 Iowans who think it's possible that our energy future might be different than what it's been in the past. MidAmerica may argue the fact that there have been no new municipal utilities in recent years... (End of Side 1, Tape 03-20, Beginning of Side 2) This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #13 Page 47 Larew: ...be a reflection of political power and status quo. It may not be what is in best interest of Iowa City residents and all we do is ask you to consider it. It is interesting that one community in recent months has had that option placed before it and the citizens of that community voted in favor of municipal power. If you have not done so visit with the folks at Emmetsburg, Iowa - a city of 4,000 people, the county seat of Palo Alto County in north central Iowa served by MidAmerican Energy. By a report MidAmerica spent nearly $100,000 to defeat - unsuccessfully spent that money, brought in employees. These people are placed in a difficult position. They are hard workers. They are loyal people. They are skilled workers and they deserve to be well paid. But they are put in a very difficult position by MidAmerica to come and speak against a proposal even before it's formally in front of the Council. In Emmetsburg, Iowa it was the business community when they compared and looked at neighboring communities that had municipal power - cities like Algona, Bancroft, Spencer, and Hartley. Cities that were enjoying increased revenue streams because they pay 6%... Lehman: You need to wind it up, Jim. Larew: ...on average of their gross utility bills to support city services. That was not happening in Emmetsburg and they could look over their shoulder and see a difference. As you consider the issues ahead rather than say it's a scary proposition I don't want to consider it, think in the fact that cities like Columbus, Ohio with Ohio State, the Michigan State University that many cities - 137 in Iowa do it and do it well. What is it that those cities and communities can do that we in Iowa City could not do if we chose to go forward. Thank you for funding the feasibility study so that we may have an informed and intelligent discussion in the months ahead. Lehman: You know this isn't a public hearing. I'll take one more person. Come on. Because, I mean, we're going to be here all night. All we're really trying to do is ratify something we said we were going to do six months ago. Go ahead. Susan Frey: Good evening Mr. Mayor and the City Council Members. My name is Susan Frey. I'm a resident of Iowa City. I'm a lawyer here in private practice and I'm here tonight representing MidAmerican Energy Company. I have three points for you consideration and I will be brief. The first point concerns the City of Sheldon, Iowa which is a town of approximately one-tenth the size oflowa City. In 1987 Sheldon too was very interested in exploring municipalization. It proceeded with preliminary feasibility study and following that study three years, approximately half a million dollars later, the City of Sheldon after it filed an application with the Iowa Utilities Board for a This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #13 Page 48 certificate of authority failed in its efforts. The 1UB denied its application after analyzing the final price that would be imposed upon the city. The reason that Sheldon is important to you...there's several reasons. One, it started out just like this. Two, it failed. Three, it created a huge financial setback for the city. And fourth, and most important, it is your legal precedent for the State of Iowa. The second point involved the City of Las Cruces, New Mexico which is comparable demographically to Iowa City. It has a population of 70,000 people and it's the home to New Mexico State University. Again, Las Cruces had a similar movement of interested people. It engaged in a preliminary feasibility study that lead to additional studies and in short 14 years later and 21 million dollars later the City of Las Cruces signed a settlement with E1 Paso Electric for a seven year legal franchise. Third, I urge you... Kanner: What about the option...didn't they keep the option open for at a later time to form a municipal a few years down the road. I think that was part of the agreement of Las Cruces. Frey: That could...I'm not sure if that is correct. That is part of settlement agreement. Finally, I urge you tonight to refrain against...a refrain from participating in the feasibility study with these other communities. This is an extremely risky business. It may not seem like that to you now, but the risks are huge. The electric industry is exceeding complex, it's constantly undergoing technological changes. The public sector in this day and age cannot and is not able to react as fast or well as the energy providers in the private sector. The capitalization costs are enormous. That's already been presented to you and they escalate very, very rapidly. You all know that for the last several years the Iowa Legislature grappled with the issue of restructuring the electric power industry in this state and they concluded every year for, 1 believe, three years that it was unwise to do so. Most of the reasons that the legislature relied upon for not deregulating or restructuring the electric power industry in this state are the very reasons for you not to municipalize in this community. If ever there was a case of"if it ain't broke, don't fix it" this is it. Thank you very much. Lehman: Thank you. Discussion from Council? I should like a roll call. O'Donnell: Well you should say Ernie that...and you did say it. This is something we said we'd do months and months ago. Lehman: No, I think Mike you're exactly right. Go ahead. O'Donnell: That's all I wanted to say. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #13 Page 49 Lehman: Well I think this is...we said we would do a preliminary study and we're doing a preliminary study for a fraction of what we thought it was going to cost us and I think that any comment pro investor owned or municipal utilities that we've heard from the public for the most part have been from folks who don't understand the complexity of this issue. And I think that it is imperative if we're even going to look at this which I...we're going to have to wait until we get the results back from Latham. We agreed to do it. Now it's a matter or whether or not the present RFP meets the criteria (can't hear). Kanner: Ernie? Lehman: Yes. Kanner: Just a couple things. One in reaction to this chart that we have down here. Our state consumer council has said that prices should have gone down lower actually. Lehman: I know. We're talking about the contract with Latham. Kanner: Right. Lehman: This has nothing to do with that chart. Kanner: Right. I think that's what we should keep in mind. That that chart is not accurate of what our prices probably should have been. Lehman: I agree and that's why we need Latham's study. Any other comment. Wilburn: I guess ! would just add that, you know, along with this study it's been pointed out that there are other risks and other factors and that's what we're going to use to make the determination on where we go as well as if it ends up at that point consideration of the workers and making sure that that issue is taken care of too. Kanner: And also I wanted to mention that I was wary when Latham was hired because I felt he had a bias toward the private investor owned utilities. But looking at the end result I think it's a good thing that we have him. He's in state. He's accessible. He gave a good presentation when he was here before so I think he's going to do a good job and he's going to do an impartial job. There hasn't been one study that I've seen over the last 30 years - and I've seen a few that municipal is going to cost more. And I think we're moving in the right direction. Lehman: Roll call. (Motion carries.) Karr: Motion to accept correspondence. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #13 Page 50 Vanderhoef: So moved. Pfab: Moved. Lehman: Moved by Vanderhoef, seconded by Pfab to accept correspondence. All in favor? Opposed? Motion carries. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #14 Page 51 ITEM 14 CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT FOR PUBLIC SAFETY DISPATCH SERVICES BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF UNIVERSITY HEIGHTS, IOWA. Lehman: (Reads item). Pfab: Move the resolution. Lehman: Moved by Pfab. Champion: Second. Lehman: Seconded by Champion. Discussion? Kanner: A good step in the right direction for some regional efforts and save University Heights a little money and I think it will be good for all of US. Lehman: Further discussion? Roll call. (Motion carries.) This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #17 Page 52 ITEM 17 PUBLIC DISCUSSION Lehman: Item 17 is public discussion. We did cut the public discussion off at 8:00 and we can resume that for a short period. If someone would like to address the Council. O'Dormell: Emie, set the period. Lehman: We will take public discussion for 15 minutes and then at 10:00 we will discontinue public discussion. Kanner: Well Emie if people here have been waiting... Lehman: No. Kanner: No, what do you mean no? Lehman: Because... Kanner: Why don't we let them talk. Lehman: We are going to listen to what we heard. I think we know how the public...we have a large number of people here who feel the same way. And I have no problem if someone wants to come up with something different. I'm not going to sit here all night and listen to the same thing we heard earlier whether it's pro, con or indifferent. Kanner: That's why we get paid the big bucks. Lehman: Yeah. Kanner: These people waited hours. Lehman: Now are we going to take their time by discussing it here or are we going to let them talk? Please go ahead. Candace Peters: Thank you. My name is Candace Peters and my issue here is regarding the Johnson County Local Homeless Coordinating Board. I'm the Chairperson for that board. I'm also a clinical supervisor with MidEastera Council and Chemical Abuse. A moment of your time and I will be brief I promise. The assumption that I stayed this long is the assumption that I do have something important that I'd like you to hear and I thank you. On behalf of the Johnson County Local Homeless Coordinating Board I'd like to draw your attention to the letter in your packet tonight. It's in regards to the interest policy for the CDBG HOME funded ownership project. I encourage you to consider the issues that we have addressed in this letter and give it This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #17 Page 53 some time. And I thank you for that. Also, on behalf of the Johnson County Local Homeless Coordinating Board I would like to publicly thank City Council Members as well as our City Manager here in Iowa City, Steve Atkins, thank you for your attention. I'd also like to thank also City Planning Department staff Steve Long and Johnson County Council of Government Linda Severson for the recent support of the Johnson County Local Homeless Coordinating Board and also State of iowa efforts in reinstating the HUD funds directly related to programming that serves persons who are homeless in this county. I appreciate you assistance and your constant support regarding that issue. I also would like to draw your attention to the fact that we were supported by our elected officials namely Governor Vilsack, Senator Harkin's office, Senator Grassley's office, Representative Leach and we currently have reinstated from HUD the renewal projects. They will be funded. We are continuing to work on the new projects. They have not been funded to date, but we are continuing to support the efforts toward reinstatement of the new projects. This directly affects persons who are homeless here in the City of Iowa City as well as Coralville and Johnson County in general. So we'll continue to bring forth our advocacy that we're doing with the Board and I appreciate your time. Thank you. Lehman: Thank you. Anjali Khosla: Hi. My name is Anjali Khosla and I represent the Campaign against war at the University of Iowa. I am a citizen of Iowa City and I am also a registered voter. I just came from tonight's University of Iowa .... Pfab: Could I ask you a questiofi? Khosla: Yes. Pfab: Could you speak more into the microphone? Khosla: I'm sorry. Yes. Pfab: Okay. I'm sorry. I didn't mean to interrupt you. Khosla: Is this better? Pfab: Yeah. That's great. Khosla: I'm not like a star. I don't know how to use this. Okay. Can you hear me? Alright. I just came from tonight's University of Iowa Student Government meeting during which Senator Nick Smith's anti-war resolution was debated. A UISG Senator questioned as many of you This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #17 Page 54 members of the City Council have questioned the relevancy of a City anti-war resolution and the right of members of local elected council to make decisions that are "national" issues. A new graduate senator named Dee Vee gave a fabulous answer. He told the senate that he had had the privilege or the cultural privilege of having lived in totalitarian state and he said that now that he lives in a democratic country he has realized that one of the major benefits of living in a democracy that whereas in the totalitarian state people are not allowed to question the authorities and the decisions and the statements that come from on high in this case from our Bush administration. In a democracy people are allowed at the lowest levels of power, you know at the City Council level, at the student government level, are allowed to make a statement against what those people have said to them. That is the purpose of the democracy. In a totalitarian state there aren't people in place - elected officials whose job is to represent the local constituency. Not everyone can be a representative. Not everyone can make decisions for their community. That's why we have representatives to represent the views, the wishes of the people to be their voice. And you members of the Council are my voice. You are the voice of me because the President won't listen to me, the military won't listen to me, but you are supposed to listen to me and be voice. Where the media failed you are the ones who are supposed to speak for me and address my issues. And I am thrilled to tel1 you that tonight the University of Iowa student government overwhelming passed and anti-war resolution on behalf of the student government. They fulfilled their duty, seriously considered the wishes and the issues that concern most of the constituents and acted upon that by being their voice and putting out a statement that does not support the war against Iraq that the Bush administration is currently pushing for. And now ladies and gentlemen of the Council it's your turn to represent your constituents. Citizens of Iowa City are very concerned about war in Iraq. We're very concerned about how it's going to affect our budget. We're concerned about how its affect people our age, my age who are going to have to go to war. What we're concerned about what's going to happen to our children when we have to grow up in a world that is absolutely overrun with terrorism, with geopolitical instability, with anti-American sentiment. These issues affect people in Iowa City. They affect people in New York City. They affect people who live in other countries. They affect people everywhere. And therefore I urge you to make, if not today in the coming weeks an official written statement that represents (can't hear) all the people who have waited here for hours to talk even if you're not willing to wait and stay and hear us who've been waiting and waiting to come and tell you how we feel. I spoke to Dee Vanderhoef, the Mayor Pro Tern today, and she told me that she didn't think that the majority of people cared about this, that she needed to see 60%. But This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #17 Page 55 you don't need to see 60% of petitioning or votes to get like a utility thing passed or like a 21-under issue passed. You never get, like, you know...you rarely get people who sit out there for hours and hours waiting to speak about an issue. Lehman: Would you let someone else speak too? Khosla: ! will. Lehman: I hear you and I appreciate... Khosla: I'm just trying to tel1 you that I just think that you should have same standard for making decisions for everything. If you want like written signatures on this issue then you should want them on everything. Or you should want them on nothing and you should base it on who comes and talks to you. So I just hope that you'll take the example of the students, of the younger generation and maybe follow in their footsteps. Thank you. Lehman: Thank you. Miriam Timmer: Hi. My name is Miriam Timmer. I live at 647 Emerald Street. I've only lived in Iowa City for one year, but I was born in Pella, Iowa and I consider myself at home here. I came here to marry my husband. We got married in December. He's of draft age. I hope he doesn't get drafted to go to war. That would affect me very much. And I think it would affect a lot of people in Iowa City because he has lots of friends here. I'm sorry. It's not funny. Champion: No, I'm not laughing at you. I think you're being really candid. I'm not laughing at you. Timmer: I just...a lot of friends who are getting...I'm 23. My friends are all getting married. They're having kids and it really hurts me to think that some of them are going to go over to Iraq and kill people. And I don't know what I'm more scared of that they're going to kill other people or that other people are going to kill them. Or that we're going to make people so mad at us that we're going to have more terrorism. I just can't believe that so many people are so passionately talking before you that this affects them so much that they are crying in front of you that they are waiting and that you won't even put it on the agenda so that you can discuss i~t. And maybe if you put it on the agenda people will come here and say no we don't want you to pass...maybe pro-war people will come out. But what would be wrong with that? We would have a discussion. Like can't you just put it on the agenda? And I just want to close with a story of the widow in the Old Testament who wasn't getting justice from the judge. He was This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #17 Page 56 corrupt. But she annoyed him and annoyed him and annoyed him until he gave her justice just because she was so annoying and he wanted to get rid of her. And I'm afraid that that might be what this activist community is. I know I'm a pretty stubborn person. I feel things very strongly. And you're my public representatives. I have the right to contact you and I hope that you don't mind if I contact you a lot because this is an issue that's very important to me. Thank you. Lehman: Thank you. Mary Tiedeman: Hi. My name is Mary Tiedeman and I'm a student. I also came from the student government meeting and I was just very excited that they passed that. And I do know that a large percentage of the students who...I mean the ones who do care about the war are the ones that vote and so they are your constituents. And I just wanted you to know that as a young person I know that this war does affect me locally as a person. The environment isn't something that is just isolated. It's the whole war. So anything with nuclear weapons that is going to make the world more unstable really scares me. And also as a student I'm sickened by the fact that my tuition is getting...I mean that is really stupid issue that people are dying, but if you want to put it on a level that's local my tuition keeps going up. Social services are getting cut. I'm a social work student. But yet we're willing to pay over 100 billion dollars to murder people in the name of fighting terrorism. And so as the entity that has to pick up the slack for these national budgets I just ask you to take that into consideration. Thanks. Lehman: Thank you. Holly, would you let other folks speak first. Berkowitz: Let me say something first. Lehman: You've already spoken and there folks who haven't spoken. Pardon? Berkowitz: It's not in the name of terrorism, it's in the name of cash. Lehman: Okay, now let someone else please. Berkowitz: That's what it's for. Lehman: Please let someone else speak. I mean you can come back, but there are people who haven't spoken. Ralph Knudson: Thanks. I'm Ralph Knudson. I'm a family physician here. I've been in Iowa City for about 18 years. And I just felt compelled to come. I haven't done this before. But I'm a member of Physician for Social Responsibility. I.just want to join in stating that I think this is going to be more and more of local issue if doesn't feel like it now. I was here This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #17 Page 57 in those bad years in the '70's when the Vietnam War was going on as a student and I well remember how much it became a local issue. And I'm afraid that this will become increasingly one. And I would like to appeal to the City Council to being a discussion at a point when maybe we could have this more of a discussion rather than on of a confrontation which I'm concerned is going to be happening. I'm very concerned this Country is going to be divided as we go through this process. I, myself, have serious doubts about the legitimacy of this whole process. And you've heard that over and again. I'm not going to go in with the details of that, but I do have grave concern about how this is going to affect our community. Thanks. Lehman: Thank you. Garry Klein: Hello. My name is Garry Klein and I sent an e-mail to the City Council. So instead of reading a whole Ietter to you that I feel you have probably already read I just want to highlight for some of the folks who obviously don't take advantage of the opportunity to look at public records. So I just want to highlight one part of the letter for you. Over this weekend millions of people around the world spent Saturday marching against a war with Iraq. Two members of our City Council locally did that as well. And 300 of more people here locally marched in the snow and the cold to make the point. Of course I was among them. Now it may be easy or easy temptation to dismiss such a protest as being the voice of the minority. But I just want to point out the we just had a City bond election that 71% of the voters passed. Of course it was only about 28% of the people who could vote that did so. So maybe what I'm saying to you is that it's not the majority always that you should listen to, but those who show up. And we're here showing up. So this is an opportunity as they say to act locally as you're thinking globally. And I respectfully ask that the Council look inside your hearts and minds and think of this petition as a way that you, each of you as City Council Members can make a difference to everyone in Iowa City. I thank you for your time. Lehman: Thank you, Gary. Kyle Lesline: Hi. My name is Kyle Lesline and not the most articulate speaker here, but I'm going to do my best. I looked on the Internet today and on the national priorities website. It has a bunch of figures. And it said that in Iowa the cost of war with Iraq is an estimated 638 million dollars of individual income tax dollars, not including corporate taxes. So that's going to be a lot spent on that. I'm not really worried about the money part of it. But on a plaque outside the front door I read, "This house shall stand for the happiness, safety and the advancement of all the people of our beautiful city." That was written by James E. Stronks, Council Member from 1933 to 1934. And the atrocities that will come This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #17 Page 58 from a war with a 50% population under the age of 15 will not serve to the advancement of the people of this City. And the racism that will occur if we were to start attacking Iraqis and people from that country will just broad banded and it will not serve for the safety of the people of this city. That's all I got to say. Lehman: Thank you. Alisa Meggitt: Hi. Lehman: Hi. You know I've always said 10:00, but I'm going to give you each two minutes. Meggitt: You just tell me when I hit t~vo minutes. I'I1 stop. I spent three hours preparing this. But I'll stop at two minutes. Alright (Reads statement). Is it time? Alright I'll skip part I just want to leave with a quote... Lehman: No, you go right ahead and you need to give us your name because you didn't. Meggitt: Oh, Alisa Meggitt. Lehman: Yes. Meggitt: Okay. Lehman: Thank you. Meggitt: (Finishes reading statement). Karly Whittaker: (Tape skipped) City August of 2001. So I'm a new resident, but I consider this my home. And I want to start by saying that there have been many, many moments in the last year and a half where I've felt very blessed to be in this city and found a community of really like minded people who are interested in working for peace. It's been an amazing experience and I feel like we've accomplished a lot and done a lot. I do want to reiterate what some of the other people have said about why this is a local issue. The human rights issue is what moves me, but how I think it is logical is opposed to The Gazette editorial I do think the money connection is the most legitimate approach that we can say why I'm asking you to take this stand today. That 638 million dollars translates to $213 per person or 13 million dollars for the Iowa City budget. We've been spending a lot of time tonight talking about the Iowa City budget and it seems to me that 13 million dollars is such a large amount that you would hope that you would want to have some local control over that money. In this past year I've been involved in a campaign, a group of residents - Iowans for Peace This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #17 Page 59 - and we were able to get together a petition to Jim Leach and we had hundreds and hundreds and hundreds of signatures asking him not to vote for the authorization for the use of force. Luckily he did. He listened to this constituents and he voted against the authorization of the use of force. Unfortunately that authorization of the use of force was passed. And in my mind it's a severe abdication of responsibility on the part of our representatives. And I hope that you will not continue my disillusionment with representative goverarnent by abdicating your responsibility here tonight. Thank you. Lehman: Thank you. We have stretched this to 10:07. We are not going to stretch it past 10:15. Elena Perkounkova: I'1I try to be short. I'm kind of losing my voice because of a cold. My name is Elena Perkounkova. Pfab: Could you speak in the microphone. You're quite a ways a way from it. Perkounkova: Dear members of Iowa City Council, dear neighbors I say this because in a small, wonderful town Iowa City we are all neighbors. Very soon after we moved here in 1991 I realized that this is place where I would like to stay for good. So we stayed. I'm sorry, however, that I neglected municipal election so far. It just didn't seem important. Not anymore. I can see now the change begins from home. I mean the global change. And I do hope that we can bring it about and make this world safer and happier and prosperous. But we must start here in our city. That is why I was so excited when this effort started in Iowa City. I am speaking about the Iowa City for Peace resolution campaign. The idea behind this campaign is to reaffirm Iowa City's values - our commitment to non-violent because peace starts here in our community. That is why I'm asking this Council to represent this community by passing a resolution that would oppose a preventive attack against Iraq. And I'm happy to say that I'm not alone. In two weeks over 600 people have signed the petition to the Council. Seven community leaders express their support for this resolution by signing under a separate statement from the (can't hear) community. Dozens of I0wa City business owners express their support and 27 of them as up to date have agreed to lend the name of their business to this campaign. And we just started. And this is a statement - it is very short - from the business community. Lehman: You need to wind it up because there's two more folks who want to speak. Perkounkova: Okay. I'm actually very close to be done. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #17 Page 60 Lehman: Okay. Perkounkova: As a business owner and resident of Iowa City I believe that the President has not made a convincing case for a preemptive war with Iraq. Instead of rushing into war that may plunge U.S. and the world into an economic recession I support resolving the conflict between the government of the U.S. and Iraq and (can't hear) Saddam Hussein through containment and diplomatic means. I believe that Iowa City Council should pass a resolution expressing local opposition to the war with Iraq. 27 businesses. We will submit this list tomorrow. And I'm finishing up. I hope the honorable Council members will recognize that this effort is backed by all the sectors of Iowa City community. I hope you will listen to the many voices in the community and start a discussion at the next meeting or maybe a special meeting or I don't know how you decide to go about it. And make a decision to reflect the mood of this City. Please understand that we are not seeking a confrontation. We want a dialogue and an action on our behalf because war will affect our community. We want to state our position now by joining the 90 American cities that have passed anti-war resolutions as of to date. Thank you for giving me the opportunity to speak. Newman Abuissa: Good evening. My name is Newman Abuissa. Thank you very much for staying this late to hear us. I'm originally from Syria and I came to this city about 8 years ago. I am very proud to be in this city and in this country. I consider myself as part of the global village. It's not a small community anymore. We are all living in one global village. We can communicate in an instance on e-mail across the globe. And it's really going to be different. This is not 100 years ago, this is today. And we have to look at this war in today's eyes. I'm going to skip some of the stuff that I was going to say, but I'd just basically...I'm not going to talk emotionally. I'm not going to talk ethics. I guess I'm going to talk a little money here and maybe democracy. The money part of it your Honor mentioned that the City is worth about 2 billion dollars. This war is going to talk about 100 billion dollars. We going to be basically bomb 50 to 100 cities in Iraq. I mean that's how much the war is going to bombing. And they're going to ruin as much probably or more by doing that. Just imagine Burlington Street and other streets in the city and all other cities people and everything they are going to be affected by this war. That brings me, I guess, to the other point that I was going to make on money I guess. Turkey today requested 32 billion dollars to be part of this war. They just want 32 billion dollars from us, 16 Iowa cities, to participate in this war. The same thing applies to other countries around the area. Europe in general has a different opinion about this war than the U.S. does. That brings me to an important point that means the media is not This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #17 Page 61 covering the same issue here that it is doing elsewhere. So that's why we need to a democratic discussion on this issue. And we depend on you, our representatives, to have that democratic discussion. We need only one of you to change our mind. That's ali that we need. Because we already have two o£you and we need to bring it up to the table and discuss it in a democratic way. That is all that we are asking for. England is supporting this war of course. The English public are saying that 90% of the public is not supporting the war. We don't know I guess. There are some issues we are not seeing eye to eye. We need more discussion on this war. It's important that we discuss it. Just last statement here. I just wanted to say that I came to this country because I'm proud of this country. I want this country to prosper. I want this country to be a leader in the world as it has been. And a war is not a civilized way to deal with the world. This country is civilized and we should be looking for civilized ways to deal with this war. One of the civilized ways is the democratic ways - discussion, arguments - and that's what we should bring to this table here. Bring the people who want to discuss the war. Who are the supporters. We are waiting to talk to them. We are expressing our opinion. We want you to express your opinion about this war loudly and clearly and say exactly what you want. And that's what we're asking. We're asking you only to express your opinion. That's ail we are asking for. Lehman: You need to wind it up. Okay? Abuissa: Summary here. We saw the Turkish Empire got retreated. We saw the English got retreated. We don't want to follow suit with the American Empire. We ~vant this country to stay prosperous, to stay fair, to have the moral authority in the world. Thank you. Lehman: Thank you. Jim Throgmorton: Good evening, friends. Lehman: Jim. Throgmorton: Ernie, we stayed here to 1:30 one night talking about water rates. Lehman: Yep. We're not going to tonight. Throgmorton: It would seem to me appropriate and reasonable to stay until 10:25... Lehman: No, we're not going to, but please go ahead. Throgmorton: ...to talk about deaths in Iraq. My name is Jim Throgmorton. I live at 1020 Church Street here in Io~va City. I strongly encourage you to adopt a resolution opposing the contemplated attack on Iraq. In part I This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #17 Page 62 do so on behalf of fair, voluntary membership based organization that stands for social, economic, and environmental justice and for strengthening local democratic practices. Last Wednesday night the members of FAIR unanimously endorsed the draft resolution that has been presented to you. I speak also as a former member of this Council. As a former member I say to you oppose this unjustified attack on Iraq. This state of ours, the state of our City and the quality of our lives here depends on it. In a speech given on the Senate floor last Wednesday Senator Robert Bird who's a Democratic from West Virginia spoke about the possible attack. I want to read a very brief excerpt from that speech. Senator Bird said, "One can understand the anger and shock of any President after the savage attacks of September 11tn. One can appreciate the frustration of only having a shadow to chase and an amorphous fleeting enemy of which it is nearly impossible to exact retribution. But to turn one's frustration and anger into the kind of extremely destabilizing and dangerous foreign policy debacle that the world is currently witnessing is inexcusable." "Frankly," Senator Bird said, "many of the pronouncements made by this administration are outrageous, yet..." (and this is the key point) "...this chamber, the Senate" Senator Bird said, "is hauntingly silent on the eve of what could possibly be vicious terrorist attack in retaliation for our attack on Iraq, it is business as usual in the United States Senate. We are truly sleepwalking through history" he said. And he went on. I ~von't belabor. There are other points, but I don't want you...I'm sorry...I want you to...my notes are bad here...I want the people of the City acting through you, not to be hauntingly silent on this matter, not to sleepwalk through history. Now I know you have personal concerns with this. I talked with several of you on the phone. I have a pretty good idea about how you think. But notice that we...well let me just jump to the quick here...we no longer have the luxury of imagining that Iowa City is an isolated, self-interested municipality with clear impermeable boundaries. We no longer have the luxury that we must defer to a foreign policy that's dictated by a single administration supposedly acting on behalf of the people of the United States. Economic globalization which we're a part of, global communication systems, transnational migrations of people -we've seen so many of them speak tonight - and complex environmental flows and cycles have radically transformed conventional boundaries. Iowa City is inescapable part of the world and we must understand I0wa City as being a transnational place. Don't be hauntingly silent. Don't sleepwalk through history. On this issue let the voice of the City ring out through you. Oppose this attack on Iraq. Thank you. Lehman: Thank you. Hold it. Holly, you can have one minute. You've been up for...quickly because we're done. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #17 Page 63 Berkowitz: Ernie, I have a right to speak to this as does everyone else. Lehman: And you have spoken. Berkowitz: Two minutes. Lehman: Alright two minutes is what you have because this has gone long enough tonight. Berkowitz: Alright. We are talking about going to war. We are talking about the Executive orders that could nullify the U.S. Constitution, the Bill of Rights, the Congress, the acts of the Congress of the United States. This is no light matter. With one stroke of Presidential pen President Bush could institute martial law in which we are all slaves. We have no rights. Soldiers have no rights in war. They give up their rights when they go to war. When George Bush wants war he's working to get war since he talked at the Republican Convention in 2000. He wants war because he wants the profit of war. The oil industry and the weapons industry and the religious right that worships authoritarian pyramid schemes and cash are the driving force behind this. If you stay silent on this you are submitting to that authority and you are subjecting all the people in Iowa City and as an example to other people in the United States, everyone in the United States and the world to a destruction of democracy. I think it's very hypocritical that George Bush says that the reason we're going into Iraq is for democracy and then we're going to change the regime and we're going to put in someone representative of the oil company. Lehman: Alright. Holly, your time is up. Thank you. Berkowitz: I've said enough. But you need to at least allow this on the agenda of the City Council. Thank you. Lehman: Thank you. Kart: We have a motion to accept correspondence. Lehman: Do we have a motion to accept correspondence? Pfab: So moved. Vanderhoef: So moved. Lehman: Moved by Pfab, seconded by Vanderhoef. All in favor? Opposed? Motion carries. Champion: You know I certainly don't want you to think I was laughing at you at all. I was actually looking back 35 years to the vigor and commitment This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #17 Page 64 of a lot of myself and my peers in the Vietnam War. I was not laughing at you at all believe me. I am going to ask the Council if they would consider... (End of Tape #03-20, Beginning of Tape #03-21) Lehman: We want to take a quick...is that what I'm hearing? Vanderhoefi Well, can we finish in 10 minutes. Lehman: Oh yeah. I think so. Vanderhoef: Okay. Let's finish in i0 minutes. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #19 Page 65 ITEM 19 CITY COUNCIL INFORMATION Lehman: City Council information. Now go. Pfab: I will let Connie go. Champion: Thank God. I've got to go home and get food. I have to have some food. I'm wondering if the Council would consider instead of an anti~ war resolution a pro-peaceful resolution that we would encourage Bush to sign a peaceful resolution to the conflict in Iraq which is not quite as strong ora statement, but certainly it speaks to the fact that all of us here are in favor of a peaceful resolution and not in favor a war. So if the Council would consider that maybe we could rewrite a resolution that would tone this one down, but it would make a statement at least. Pfab: Are you suggesting we put that on a work session? Champion: Yeah, I am. Pfab: Okay. I'll support that. Lehman: My frustration and this is terribly frustrating because I don't disagree with anything anybody has said tonight. I mean, absolutely. My frustration is that there's not a thing I can do about it. And I understand that we want to open an area for debate. I fail to see the purpose of listening to each other argue whether this war is for this or for that or if it's politics or religion or whatever. I don't think it serves any purpose for the City of Iowa City. I have no problem with the City - and I think we all agree - that there should be a peaceful resolution to this. But our role in this thing I think is so limited. Other than expressing our sincere desire to see this come to a peaceful conclusion I do not believe that sitting here and listening to debate for hours serves... Champion: Well we wouldn't have to debate it. Lehman: ...any purpose whatsoever because we are... Champion: Who could possibly argue with a resolution that states that you would prefer that Bush used peaceful means to solve the problems with Iraq. Who could possibly argue that? Lehman: I don't think anybody could argue with that. I think xve could debate it for hours. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #19 Page 66 Dilkes: If you've got three to put it on, I think you need to put it on a work session. You don't have it noticed for discussion tonight. Champion: Okay. Lehman: Are there three who would like to put that on a work session? Champion: Not this resolution. Lehman: May I see that for a moment? Champion: Not that resolution, but a resolution...somebody has to help me state this for me. I'm getting hypoglycemic. Lehman: Yes, please do. Wilburn: I'm sorry we're you done? Champion: Yeah. Wilburn: Okay. It's not the content of the suggested resolution that I'm disagreeing with. A question in response to what you're suggesting Connie... Dilkes: You know, I'm sorry, but... Wilburn: Can I just use my Council time to make a statement. I'll back away from what she does... Dilkes: Okay. Let me just make it clear so that everybody knows. We have an obligation to give 24 hours notice when Council is going to discuss or debate an issue. They're well aware of that. That's why we know that we need three to decide whether we're going to put it on a future agenda item. So if you want to have a discussion or debate about this issue we need to schedule it for a subsequent meeting. Wilburn: May I use my Council time to respond to the events that occurred here? Dilkes: (Can't hear). Wilbum: Okay, so may I have my Council time now? Alright. As I had said in a memo that I had passed out to Council - some of you may have not seen that, you may have seen excerpts from that in the press. I do not support formal action by Council on this. That's why I took informal action representing my personal views against the war and some of the constituents by contacting through letter Senators Harkin, Grassley, Leach, BaswalI, etc. of the Iowa delegation. I agree with the This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #19 Page 67 sentiments here tonight. I just disagree that this is the jurisdiction of the Council to do that. A gentleman began tonight by saying let's not have a war tonight about war. And what I take from that - and I respect him for that - is that reasonable people can disagree. We're not...I'm not disagreeing about going to war. I'm disagreeing about this is the vehicle for formal action. I'm pro-choice. I'm pro-gun control. I'm pro-affirmative action. But I would not use and do not believe that this is the vehicle to debate that. It's a philosophical thing. If you...whatever someone might want to have on the table to discuss those national issues, you know, that's up to each individual Council member and Councils to decide. I understand there have been precedent because one Council...former Council member was taking about precedence with me of other Councils taking this type of action. So I'm just saying that we just have a philosophical disagreement about that. I certainly respect you and your opinions for coming here and expressing them tonight. I hope you appreciate that you...and some of your frustration is that you wouldn't be able to walk on the House or Senate floor in Washington D.C. or in Des Moines and just walk up and say what you did now. So again, reasonable people can disagree about this and I, you know, continue your protest and letters and hopefully we won't end up in a place where none of us wants to be. Thank you. Lehman: Okay. Pfab: Okay, do we have three people that want to put this on the...? Lehman: Are there three people who want to put some sort of resolution on a work session? Champion: Yes. Pfab: Just to work out something that will work session. Kanner: Yeah, I'd be in favor of that. Pfab: Connie, you are? Champion: Yes. Pfab: Okay, let's do it. Lehman: We have three. So it goes on a work session. Anything else? Dee? Vanderhoef: Just a couple of things. In talking about the state bill on park impact fees which they are using Iowa City as a model I started thinking a bit more about it and I would like to see if there's agreement on this Council an amendment to our neighborhood open space plan. And This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #19 Page 68 what I would like to see is that the money in lieu of land that goes into a neighborhood could be used for development of that neighborhood park as well as acquisition of land in that neighborhood. As you all know we have a little problem with getting some of the parks developed and I would like to get concurrence here to at least explore this idea and probably send it to Parks and Recreation for them to look at to. Lehman: Do we have concurrence? Dilkes: I'm sorry. Are you suggesting that that be done before we see whether the bill passes? Vanderhoef: I think we need to explore it anyway because that's a piece that at this point at least ~ve don't have. And whether it goes forward at the state level or not I would certainly like to have that opportunity. Dilkes: I guess my suggestion would be that you hold off until you see if that bill passes because if it passes there may be issues that we need deal with in addition to that in connection with the open space ordinance. Vanderhoefi I was trying to address somewhat some of the concerns that the Parks and Recreation Commission also have voiced right along their budget and that this would be one way to assist the budget. So... Dilkes: You understand my issue is if we're going to have to do it once... Vanderhoef: I understand. Dilkes: I mean if that's a separate issue for you I understand that. I just... Lehman: Well, they'll be through with it in Des Moines in a couple of months. Karmer: I think it's important to talk about that. Vanderhoef: Okay. If there are three people that want to talk about it. Lehman: Well, I would concur with Eleanor that we wait until after the legislature acts and then discuss it. Vanderhoefi Whichever. Pfab: One quick... Vanderhoef: I would prefer sooner than later because I don't know whether it will ever get through this session or not and then it's just another year later and we're moving towards development season. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #19 Page 69 Pfab: I'm going to be going to Des Moines with a group and talk to the legislature and this is going to be with a group of seniors. And if anyone has any comments or any messages they would like to send along I'll be available to 11:00 o'clock by phone or from 6:00 to a quarter to 8:00 tomorrow. Kanner: Are you interested in putting this on a... Pfab: Pardon? Kanner: ...work session? Lehman: Dee, let me suggest that the legislature gets through in what April. If they don't act on it bring it up again at that time. We can address it. If they do act on then we'll be in a more timely thing. We don't have to wait for a whole year for it. Vanderhoef: While was in Des Moines last Wednesday for legislative day I spoke with Senator Shull who happens to be the chairman of this particular committee for the impact fees. So I made sure that I let him know that I wanted to be sure that they allowed development of parkland in their ordinance. So I'll keep on that with him. Lehman: Okay. Vanderhoef: And I was going to report on some of the stuff that went on in Des Moines and I think we're all tired and I think we kind find another time to do that. Lehman: Thank you. Wilburn: I used mine? Lehman: Steven? Kanner: Ernie, I appreciate your remarks - the State of the City. I think there are a lot of positive things going on. I think though that using statistics about less gasoline and miles traveled may be true in absolute sense now, but there's no engineering added which you talk to Jeff Davidson about. If you build it, they will come. And what that means is people think by building extra lanes and new roads is going to cut down on traffic and what it does is increase traffic (can't hear) and you have increased traffic and again I think we have to look at ways to reduce that traffic. Building new roads is not the answer to that. Lehman: Steven you're correct, but if we took the cars off of neighborhood streets where they were going and put them out where they belonged in this case we probably didn't increase traffic as much as we save This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #19 Page 70 congestion (can't hear). And those are the numbers that we got from the traffic counts. And those are folks who used to be using...going through Goosetown, going through Governor and Dodge Street neighborhoods that really didn't belong. Kanner: For another time for further discussion on that. Also to just quickly address some of the points that were made by some of the people in regards to item number 13. I believe, and I think there's a lot of people concur. One of the reasons we have to build a new plant and spend that money is because of gross disregard by the previous private owner of that plant. And I think we can thank municipal services for taking over that plant, bringing it up to high standards and getting us a new plant that's going to open in a month that's going to be producing great water. And so I think municipalization is a positive in almost every sense and we got to fight this privatization that's going on all over the country and the world, especially for water plants that's happening. That's something to look out for. And the other side of Bob Haug's statement that was not reported by our friends from MidAmerican is that Sheldon was a different size and they were overcapacity and right now we're under capacity in this state and things should be much more favorable (can't hear) before the IUB terms of what we would have to pay for facility distribution system. So I'm hopeful we're going to get some good results back from that. Also interims of the anti-war resolution I'm glad we're looking for some resolution. The ultimate goal, I think for all of us is peace. We got to ride the train that Ross and others voted for about Amtrak as a national issue and make that same connection, I think, with this issue. One of the first things that are going to get cut when the war budget goes through is that Amtrak that we voted for which I believe is a national, regional issue just like this anti-war resolution is an issue. Just like we voted on the bottle bill. We have to write a stricter bottle bill which we voted on as a Council which we don't have direct oversight over those issues - that was a state issue that we said is important to us because it eventually affects us. And I think that's the case people made very well tonight. And I hope we're going to be able to put something together that shows our concern. Wilburn: I didn't say there were no links. And in my letter that you received I als0 pointed out some examples like racial profiling where we have a more direct link in my opinion. Kanner: And also hopefully someday we'll also act on a resolution against the Patriot Act which has even more direct links what's happening in this country putting.., as people said putting people at risk, international people, people who have been here for many years, putting our library personnel in bad positions. And I think we need to discuss that. We This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003. #19 Page 71 were waiting for a reply from Connie. I guess your reply is that you don't wish to discuss that because. Champion: I need to go home and get some food. Please, Steven. Please dismiss. Karmer: So I'll take that as a no. And sorry to hear that. And that also that legislative day one of the things that I talked about last Wednesday is that contrary to what the MidAmerican lobbyist was saying there's a lot of people that are scared there about what's happening with the MidAmerican proposed bill to do away with future municipal electric and we have to be wary about that. And the league is on the lookout for that. I think they're going to work to try to stop that along with a number of other people that are looking out for people power. Lehman: Are you through? Kanner: I'm through. Lehman: Thank you very much= This represents only a reasonably accurate transcription of the Iowa City City Council meeting of February 18, 2003.