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HomeMy WebLinkAbout2005-06-07 Transcription #2 Page 1 ITEM 2 PROCLAMATION a. Pride Month - June 2005 Wilburn: (reads proclamation) Karr: Here representing the Iowa City Pride Committee is Mark Dingbaum and Min Dong, to accept the proclamation. (applause) Wilburn: Do we have the proclamation? Thank you. Feel free to step up to the .... and say a few words. Dingbaum: Hello; my name is Mark Anthony Dingbaum and I'm a member of the Iowa City Pride Committee and University of Iowa Gay/Lesbian/Bisexual/Transgender and Allied Union. On behalf of both of these groups, I would like to extend an invite to all of you to partake in the Pride festivities, which will take place just down the street at College Green Park on June 18th from noon to 5:00, so I hope to see all of you there. Thank you very much. Wilburn: Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. #3 Page 2 ITEM 3 PRESENTATION a. Public Library Friends Foundation Kart: Here for the presentation is Patty McCarthy, Director of Development for the Library, and Mike Lensing, President, Library Friends Foundation. Lensing: It's really nice to be here tonight, and on behalf of both the patrons and the donors to the Reaching Heights Campaign, we are here to do our next installment orS100,000. It took a lot of time for Patty to find a checkbook large enough for this (laughter), but this is out of the million dollars that the Library Friends Foundation has raised to help pay for their part of the Library, and this is $600,000, and we will be coming back next year with the rest, and so we appreciate it and I think on behalf of the Friends Foundation, we just hope everybody has been to the Library. I know all of you have, but it's really phenomenal, and it's beautiful, and it's a great asset to our community. Thank you. Champion: Thank you! (applause) McCarthy: And I brought my son, Brian, who's an avid library fan because this library truly is something for everyone, and we certainly are blessed to live in a community with such support for it, so thank you to all of you. Wilburn: Thank you! McCarthy: We're very happy and pleased to be able to present you with this check, and we will be back next year with some more! Wilburn: We certainly thank you and the Trustees and the Foundation for all the work that you do, and I assume we can cash this check tomorrow, right? Okay, great...no, thank you! McCarthy: Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. #4 Page 3 ITEM 4 CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED Bailey: Move adoption. Vanderhoefi Second. Wilburn: Moved by Bailey; seconded by Vanderhoef. Discussion? I'd like to point out there are four public heatings; three of them on June 21st; the first on the 2005 Addition of the National Electric Code; the second on the 2005 Traffic Signalization Project. This involves traffic signals to be installed at the intersection of Mormon Trek Boulevard and Cameron Way, and the intersection of Scott Boulevard and Court Street; and turn lanes will also be added at the Scott Boulevard/Court Street intersection. I know there's people in those neighborhoods that have been looking forward to this for some time, so I encourage you to come to the public hearing on June 21st. There's also on the 21st, the Missing Link Trail will connect Foster...along Foster Road, will connect Napoleon Park to the Coralville Reservoir, finishing the Iowa River Corridor Trail System. And finally, on July 19th, there will be a heating on a project which widens Highway 6 and installs turn lanes from Lakeside Drive to just beyond 420th Street. Any other discussion on the Consent Calendar? All those in favor, say "aye." Karr: Roll call. Wilbum: Oh, I'm sorry. Roll call. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. #5 Page 4 ITEM 5 COMMUNITY COMMENT Wilburn: These are for items not on tonight's agenda. I should point out, in case anyone's here thinking there's going to be action on the Dog Park, there may have been some misunderstanding about that. Council gave staff direction to put together terms in agreement, conditions, a proposal that will be on the Council agenda at a future date. You're certainly welcome to say, speak tonight, but there will be no action on the Dog Park taken tonight. Jim? Clayton: Yeah, I'm Jim Clayton, Co-Coordinator of the Stepping Up Project at the University of Iowa. This is a campus/community coalition. At a work session recently, Councilman Elliott asked the question, "What has the University done?" I would propose to answer that with a list in no particular order, but I'm going to broaden your question and say, "What has the University, the City, and the State done about the problem of high- risk drinking and the second-hand effects that we suffer from it?" This is from my perspective of being a member of the coalition for about eight years. Alcohol-free dorms and Greek houses on the University; no alcohol in Kinnick Stadium; and we're still facing the issue in the future of what to do with the skyboxes. Hard liquor will not be in the skyboxes, but there may still be some alcohol up there. An alcohol-free tailgate lot behind Slater Hall for the last seven years; the closure of Lot 6, which was the most egregious of all the University party lots. Elliott: Jim, where is that? Clayton: That's right behind Slater Hall, and right now they're building a parking lot where Lot 6 was, by the Fieldhouse. This fall hard liquor will be banned from the University parking lots. This is something new that season ticket holders have received notice of this. We have a Parental Notification Program at the University. If you as a student get into trouble and alcohol is involved, there's a very good chance your parents are going to get a letter, particularly if you've put yourself in a life-threatening situation. We worked hard to keep the Englert Theatre from becoming a bar, and Pearson's from becoming a liquor store. That was in partnership wit the community. We have mystudentbody, com which is an on-line education program, accessible by any student at the University of Iowa. We participated and partnered with the City for an off-campus living guide with Marcia Klingaman, and we sponsored and paid for some neighborhood "welcome students" events that were held this last fall. You have passed a Nuisance Property Ordinance and a Nuisance Party Ordinance. The State of Iowa has provided server training for over five hundred servers of alcohol in Iowa City. The State of Iowa has banned "all you can drink" specials, and increased Dram Shop insurance requirements so the bars have a higher premium and with it, higher This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. //5 Page 5 coverage. You passed a 19-Ordinance, which eliminated access to the bars by anyone 18 and under after 10:00. They used to be able to get in after 10:00. We have added an increased alcohol component in our orientation program at the University. Every student, incoming freshman, goes through that, and his or her parents do as well. We've trained the orientation guides so that their primary responsibility is not to tell people where they can get a drink, but is to tell them about some of the resources in the community. You have hired a new Fire Inspector who's going to help enforce the occupancy load requirements on the downtown businesses to make sure we don't have too many people in those businesses and have a tragedy. The University has met with the Alcoholic Beverage Division in Ankeny several times on initiatives, and part of that was a production of a "white paper" by the Beverage Division, and carrying on state meetings, spread around the state. We've had great media support for focusing on alcohol problems. We've provided eight years of financial support for alternative activities, not always successful, but sometimes you have to do it even if they don't work, and there's an alcohol education course this year at the University. It's a pilot course to see how it works. Both sections were full. It's a 4-credit course for freshman. Now, no one of these things that I've mentioned would have fixed the problem. It just doesn't work that way. But they clearly point out why we keep talking about a 21-Ordinance. This is a long list. There's not too much left on the list of things that we could do. We're running out of options. It's like building a house step by step. We've got the rooms, we've got the ceilings, we've got the floors, we've got the pipes, we've got the heat, we're painting it, and it looks great, but we forgot something. The foundation! We need something underpinning all these efforts and 21, according to the research, has been shown to provide that kind of underpinning. So, it's time to get out the shovels; it's time to start digging. Now, Councilman Elliott liked to close with a favorite quote at the last meeting. I read the transcript. I have one too. Mine's from Shopenhauer: All truth passes through three stages; first, it is ridiculed; second, it is violently opposed; third, it is accepted as being self-evident. Thanks. Wilburn: Thank you. Vanderhoef: Jim? Jim? I understand through an email recently that someone from the University Parent's Group is joining... Clayton: They're joining the Stepping Up Executive Committee. We meet next Wednesday here in Council Chambers. Vanderhoef: Okay. I would hope that you would share that list with them. Bob and I attended their meeting this spring, and they wee interested in what all had This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. #5 Page 6 happened, and I could remember some, but certainly not that complete list. Thank you. Clayton: I'll make sure that we do that. Champion: I want to ask you too about the new law you said about "all you can drink" specials are going to be illegal? Clayton: Well, the State has...the State will enforce that. If they find someone who is providing an "all you can drink" special, but it's like anything else. The State has no enforcement officers, so they're dependent upon us or citizens or local police departments to point it out, and then they get a letter of "cease and desist", and if they do it a second time, they get a suspension, so...that's an important part of their enforcement program. Elliott: Jim, I'll give you a call. I would like to sit down with you. I appreciate this comprehensive review. Clayton: Well, you said you wanted someone from the University. That's not me, but at the very high level of the University, I know of at least three people who would love to spend time with any of you that are interested. Thanks again. Wilburn: Again, this is community comment time. Please state your name, and limit your comments to five minutes. Maiers: Hello, my name is Sarah Maiers, and I'm a member of the Senior Center Commission, and I'm here to make a report to you on the latest meeting that we had at the Senior Center. We have a goal-setting session for our Strategic Planning that has been set for August 19th and 20th. These sessions will be led by Jim Swain, and they will be attended by members of the Commission, the Senior Center staff, members of the Participant Advisory Group, and the Volunteer Advisory Committee. The Senior Center will be closed on Friday, August 19th, SO that all of the staff can participate in these sessions. To help with these strategic planning sessions, members of the Commission and the staff will be holding Focus Group interviews. We've also sent out member surveys, 890, to our members, and we so far have had 400 responses, and so this information is also being compiled. The Board has approved new language for the policy for scheduling for the non-Senior Center sponsored programs for the Assembly Room, to be included in the handbook. This is necessary so that scheduling does not interfere with any of the Senior Dining. There was also a meeting scheduled for the Parking Committee to meet with the City Parking staff, but this didn't happen. So the Committee then put together a list of questions and requested that the City Parking staff do further investigating of the problems that do exist at various times, and on This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. #5 Page 7 various days. The Johnson County Community Foundation Senior Center Endowment Fund now has a balance of $155,000. There will be a complete report from the Community Foundation at the end of June. Our goal is also to have, to expand the hours of the Senior Center, but this can only be done if there is a safe environment for everyone. We have formed a Committee to explore the different options for this. The Commission will come up with a plan to approach this, and this will be submitted to the City Council in the future. There were eight performances in May at the Senior Center that were well attended, which included a concert by the New Horizons Band. Volunteers for this past year were 518, up from 481 last year, and these volunteers have accumulated approximately 29,000 hours, and last but certainly not least, the Volunteer Recognition Breakfast will be held on Wednesday, June 29th, from 7:30 to 9:30 A.M. O'Donnell: Thank you. Wilburn: Thank you. I'm going to ask...please keep both doorways open. Please keep both doorways free. There's plenty of seats down front, or move off further to the side. Sir? Thank you. Klein: Garry Klein, 628 2nd Avenue. I'm interested in the how things are going with the search for the Police Chief, and in particular, when the public will have an opportunity to learn more about the candidates that will be coming, I assume, before the Council for your approval once I guess Steve comes up with his favorites. I think many of us in the community understand the importance of our chief public safety officer, and really would like the opportunity to learn as much as we can about those folks that we're considering for that very important office. Wilbum: Steve, would you mind outlining the process that you use for, that you're using. Atkins: The process to date, and before I get too involved in it, those individuals that have applied for the position of Chief have signed a confidentiality statement, and that is I'm obligated to respect that confidentiality. It's a form that we use in our employment applications. So I want you to be aware that I'm really not at liberty to discuss qualifications, names of individuals. We received 70 applicants. I reviewed all 70. We developed a profile of the Chief candidates. We've reduced it to 18. We will be discussing 6 of the top candidates on paper next week, and beyond all that, that's really all I think I can share right now. Wilbum: Thank you. Klein: One last question then, Steve. At what point will the Council be advised about those 6 candidates? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. #5 Page 8 Atkins: Council will receive a recommendation from me. Klein: Okay. And so, are you saying that there will not actually be any of...point of public input into this process? Atkins: The public input...no, there would not be. That's correct, because the confidentiality requirement. Klein: Okay. Thank you very much. Smith: My name is Gary Smith, and I'm the Concerns Chair for the Johnson County Democratic Party, and I'm here in that capacity tonight with a resolution apropos to this topic that we're, that was just opened up here. Resolved that the Johnson County Democratic Central Committee requests the Iowa City City Council to appoint a subcommittee to actively involve itself directly in the process of evaluating the applications for Chief of Police, and to make a recommendation regarding the appointment to the full Council, and further that this process by the Council committee shall produce a public short list of at least three qualified candidates. Because of the newly amended City Charter provisions, this task should not be delegated to the City Manager, and any interview process of candidates should be open to the public. The Johnson County Democratic Party Chair shall send a copy of this resolution to the City Council, which is done in my person. This resolution was approved unanimously June 2nd at the Central Committee meeting. Karr: Motion to accept. Bailey: So moved. Vanderhoefi Second. Wilbum: Moved by Bailey; seconded by Vanderhoef. All those in favor? Anyone else for public comment items that are not on tonight's agenda? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. #6 Page 9 ITEM 6 PLANNING AND ZONING MATTERS b. Rezoning approximately 25.67 acres by amending a planned Development housing overlay - Low Density Single Family Residential (OPDH-5) plan in order to allow additional zero lot line dwellings for propertY located on Wintergreen Drive (REZ04- 00017/SUB04-00017) 1) PUBLIC HEARING Wilburn: This is a public hearing, and the public hearing is open. Public hearing is closed. Karr: Could we accept correspondence first? Champion: So moved. O'Donnell: Second. Wilburn: Moved to accept correspondence by Champion; seconded by O'Donnell. All those in favor say "aye." 2) CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Champion: Move first consideration. Wilburn: Moved by Champion. Elliott: Second. Wilburn: Seconded by Elliott. Discussion? Elliott: I mentioned last night, the people with whom I talk from that area who had previously been concerned about this, their main concerns were the drainage, which has been addressed very well, it's my understanding; the density of housing, which has been lessened; and I will certainly vote for this. Wilburn: Roll call. Motion carries unanimously. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. #6 Page l0 ITEM 6 PLANNING AND ZONING MATTERS c. Conditionally changing the zoning designation of approximately 54 acres from Public/Intensive Commercial (P/CI-1) zone to Community Commercial (CC-2) zone for Aviation Commerce Park (REZ05-00004) 1) PUBLIC HEARING Wilburn: This is a continuation of a public hearing. Council continued it, waiting for word, letter, from Wal-Mart about their.., whether they, the terms of the Conditional Zoning Agreement were acceptable to them. We did receive that letter in the Council packet this evening, and that agreement states that it's the CZA they're agreeing to, not necessarily finalizing the purchase. Is that correct, Eleanor? Dilkes: The letter from Wal-Mart which we got late today and that all of you have a copy of indicates their approval of the conditions included in the Conditional Zoning Agreement with a couple qualifications. The main one being that their obligation, their financial obligations for road improvements, which are outlined generally in the CZA would be limited to that which is in the Purchase Agreement. Wilburn: Okay. Otherwise, we'll open and continue the public hearing, and give first priority to those who did not have an opportunity to speak last time. Dieterle: I think your pen here is tired. I understand that at the very, that the Board of Adjustment is considering a variance that's being requested by Wal- Mart tomorrow? Is that correct? Champion: · Speak up; couldn't understand you. Dieterle: It's my understanding, I heard today that the Board of Adjustment is considering, is to consider a variance that's been asked for by Wal-Mart tomorrow? Wilburn: Related to this project? Dieterle: I think so. Wilburn: Karin? Franklin: The Board of Adjustment will be considering a special exception for a drive-through pharmacy and a gas station component of this project. It was anticipated in the Purchase Agreement. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. #6 Page 11 Dieterle: I would just like to say that if then the property for some reason falls into someone else's hands besides Super Wal-Mart, there's going to be a problem with that probably because of environmental remediation, putting a gas station in there. I think that that just adds a huge insult to injury for this whole thing. Wilburn: Thank you. Sanders: Thanks. My name's Gary Sanders. I was going to wait until the end, but Caroline brought up this issue, and I know, you know, that many of you out there watching at home. You're very tired of this Wal-Mart issue. So am I. You know, the first we heard of it was the Conditional Sale in early March; then it went through the Planning and Zoning process; and voted on and commented on; and then on May 17th, the first reading, public hearing on this rezoning of the land for Wal-Mart. I mean, believe me, I would much rather be at home watching the Cubs game or Law and Order: SUV, but you know, we have to be here. As the signs say, "Rezone Wal- Mart; not in my name." One thing that I find curious, and Caroline eluded to this, this appeal to the Board of Adjustment for a special exemption. What has happened is that May 17th was the first time that you people out there, you in the audience, had a chance to speak, or the City Council had a chance to vote on this rezoning, and yet somehow Wal-Mart was so sure of the results, that on May 12th of this year, they flied an appeal so that part of the land, which they have asked for rezoning on, they could have something else on, namely this gas station, which wouldn't be allowed by the rezoning that they've asked for. Now, I hope you follow me on that, because to me, this is the most incredible arrogance to file this five days before any of your voices were heard, any of you at home saw any of this, and any of you said anything about the rezoning. They already knew. They already knew what was going to happen, and this document is a public document, and they cannot build their gas station and drive-through pharmacy with the zoning that you people are going to vote on tonight. You're going to vote on Community Commercial, which is what it has to be zoned, so they can build their Super Center, but that zoning doesn't allow for a gas station or pharmacy. So they have to ask for an exception, so that that little parcel can be zoned realistically what it is zoned today, Intensive Commercial. Now, I realize that they're not asking for a "rezoning" for the area for the gas station and the pharmacy, but in effect, that's what it is, and to me this is just the most ultimate hubris that they are so sure of themselves that they are so, so sure that people are going to roll-over in t his town and let them build their Super Center that before one word is spoken in this chamber on the rezoning, they've already applied for an additional goodie to be sent their way. This is appalling. It's totally appalling, and I don't care if other people have done it in the past, to me, this is appalling. A $288 billion business with $10 billion in profits, in legal trouble all over the world, and yet they can't wait five days This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. #6 Page 12 for the initial rezoning to take place, before they're asking for something else. Well, I for one hope that at this 11th hour, the 1 lth minute, that you consider this, that you look down in yourselves and truly think if this arrogant company can just roll over you, roll over us, roll over everybody that's looking, and get exactly what they want tonight, with those few exceptions about trees and fences and sidewalks that I know is going to put a big crimp in their budget, and then tomorrow at 5:00 in these very chambers, they are going to be here asking that part of what's going to be rezoned is going to be changed for them. I hope all of you here will be here at 5:00 tomorrow for the Board of Adjustment meeting, and I hope some of you at home, and you still have time to come down here tonight. I'm sure Mr. Wilburn will give us a few more minutes. So, I hope tonight you vote no, you say no to this corporate outlaw, you reject their 30 pieces of silver, their $3 million, and vote no on this rezoning. Thank you very much. Wilburn: Thank you for your comments. (applause) Fleck: I'd like to follow up a little on that. I agree with him 100%. I lived 18 years at Bentonville, Arkansas. I know how Wal-Mart operates. After they get through with this supermarket that you probably will vote in, which I highly oppose, I thought I was moving away from Wal-Mart and they followed me right here. Last September I moved here. As soon as they get this all settled out, they're...like he said, they're going to go for a gas station; they're going to go for satellite stores throughout the city, trying to break every small business in this city. You think that the $300 million .... you're taking it for this money, is going to be forty-fold expense for the city of Iowa City. They'll be taking over the airport, which they did in Rogers, Arkansas. It's sad, and when Sal Walton died, his son got to the podium and the first words out of his mouth was 'we're going to break all the small businesses in the United States.' Is that what we want in Iowa City? I don't think so. This makes me sick that you guys think that $300,000, million dollars is so valuable when it's going to cost you thirty, forty times more than that for what they cause, the problems they cause, and they're, like he said, they're going to keep asking for little items all the time, and we're going to turn over and let them have that stuff. I disagree with it 100%. I really believe we're making a terrible mistake by letting Wal-Mart put in the Super Center in this town. We've already got one here; that's enough, and if they get the Super Center, and the building their in, instead of letting somebody else go in there and operate, they're going to keep it empty. They did that in Bentonville, Arkansas. They moved out of their Wal-Mart building and moved into the Super Center and the other one sat empty for about fifteen years, until people begin to complain, and then they put a little office stuff in there. They're crooked. They can't stand up. Now, I know Helen Walton personally and went to church with her. I knew Sam. I met him in a This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. //6 Page 13 donut shop. Personally they were good people, but boy, their offspring really went to hell in a basket. Thank you. Champion: What was your name, sir? Fleck: Pardon? Champion: Your name? Fleck: My name is John Fleck, and I live right there at the Airport, right next to the airport, so...thank you. Wilburn: Thank you. (applause) Berkowitz: I'm Holly Berkowitz. I would like you to be very careful about considering this because I was quite shocked when I heard that there were this many people at the heating last time and you still voted for this. O'Donnell: Holly, would you get closer to the mike? I can't hear you. Berkowitz: Okay, I hope that you will listen to what people are saying tonight because I think this is a case of corporatization of America, and taking the soul from America, from the small towns of America, and you know, the little things count. When you go to a child abuse setting or a censorship class, they say 'it's not the big things that count, it's the little things that count', so it's the little things we need to look at in our town, and it's those things that Wal-Mart robs from small towns in America, and you need to count more than cash. You need to learn to value the things that are really unique to Iowa City, and that's what the legacy of Wal-Mart is, is destroying those things. I have documentation that the, that Wal-Mart caused Eagle to close in Iowa City, the small store Eagle, and the Purple Ocean documented that in the first decade after Wal-Mart arrived in Iowa, the State lost 555 grocery stores, 298 hardware stores, 293 building supply stores, 161 variety stores, 158 women's apparel stores, 153 shoe stores, 116 drug stores, and 111 men's and boy's apparel stores. This is from Kim Stone of Iowa State University, "Impact of Wal-Mart Stores and Other Mass Merchandisers in Iowa, 1983-1993." So, this is only one part of the problem. You've probably heard the word also "Sprawlmart" and I've done some work in the study of"sprawl" and I think that Wal-Mart is probably one of the greatest offenders and consumers of prime agricultural land in America, and we cannot afford to lose that. Iowa's largest economy is agriculture, and we cannot afford to allow Wal-Mart to fill it with plastic toys shipped in from China. So, you need to do some serious thinking tonight, and think about where your allegiance is. Is it to the corporate offices in Washington, D.C. in the White House, or is it to Iowa City, Iowa? By the way, the Bush administration violated both the U.S. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. #6 Page 14 Constitution, International Law, and Moral Laws of Reciprocity to invade Iraq, and Wal-Mart is one of the largest contributors to that administration. So, I hate to make this political, but I think it is, and I think that you need to tap into your conscience. Thank you. Wilbum: Thank you. (applause) Gravitt: Good evening, my name is Mary Gravitt, and I've been in Iowa City since 1989. I came here to go to school. I saw Iowa City when it was prosperous, when Coralville was just a little hick town that everybody just happened to mention "Coralville". I heard that on the radio - I didn't even know where it was, but Iowa City is just recovering from the Coralville Mall. I look downtown, even the mall downtown is beginning to look good. Sycamore looks grand, and that mall out on Broadway is being developed. We don't need a Super Wal-Mart. We've already got a Wal- Mart, so what happens to Hy-Vee if you get this Super Wal-Mart? What happens to all the small businesses getting started? Even that mall near Broadway is looking good. It was old and boarded up. The City is recovering. Wal-Mart is a bad actor. Wal-Mart actually ends up costing you more, costing the State more, because they don't pay health benefits. Working ten years making $8 an hour, so when you consider maybe you'll get a big lump stun up front, but you pay for it in the back. You...people with children pay for it. Now, we're making progress here in Iowa City. Just drive around the city. We don't need a Super Wal-Mart to close the businesses down that have already been established. So, I don't know, just like...I'm to the point where I'm a citizen and I feel like I don't count. I feel like every American citizen doesn't count because the corporations own us and we can't do anything about it, and I'm tired. I don't know about the rest of the people here, but I'm tired of feeling that way, and Iowa City is a nice little town and I live here and I like it, and I like it just the way it is. Thank you. (applause) Shaffer: My name's Chris Shaffer. I moved here with my family about three years ago. We moved to Iowa City because of the charm of the city, because of events like the Arts Festival. Because we could shop at places like New Pioneer. Because there's an active, vibrant small town feeling here. Lots of local businesses. It's not a big corporate sprawl like a lot of other places that we've considered living over the years, and I grew up in east Texas, and in the early 1980's, Wal-Mart in the small town that I grew up in, put in one of the very first Super Centers, and I watched downtown of Nacogdoches, Texas, just disintegrate after they put that in. I watched their former big-box just die, like the one that the gentleman was talking about just a few minutes ago. I really think that a vote for Wal-Mart for rezoning for them here is a vote for evil. It's just not the right thing to do. It's not the right thing for the city, and it's not what we need, and that kind of thing...if that kind of thing continues, I and my family... I mean, that' s This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. #6 Page 15 not the kind of place I want my daughter to grow up in. So, I really urge you to vote against it, and I tell those of you who do vote for this resolution, that I among others, will be happy to work against your reelection. Thank you. (applause) Williams: My name is Gloria Williams, and I've lived in Iowa City offand on since 1980, and I happened to watch the City Council meeting when you approved Wal-Mart before, and I was very disappointed, as someone mentioned earlier, that the argument was that you don't have the right to choose how that land is used. Well, you do have the right now, in fact you have the obligation. In this town, the housing is so expensive. It's very difficult for low-income, working poor to get by here, and to bring in a multinational corporation that pays minimum wage, I think it's really obscene, and I hope that you take seriously your responsibility to all of the citizens of Iowa City, those who work for minimum wage, or maybe just a little more, but please take your obligation seriously and vote against this rezoning. We don't need Wal-Mart. Thank you. (applause) Fails: I'm Evan Fails. I have lived near Iowa City and in Iowa City, and worked here for some thirty years. I've watched this city grow, and I've been concerned. I've heard the sentiment expressed that it is not the role of the Council to get in the way of business. I find that a very surprising sentiment. I take it that the role of the Council is to serve the greater interests of this community, and those are not just business interests. I take it that from what has been said that it's pretty obvious to you that there are a lot of citizens here that are perfectly happy to spend a few pennies more at local stores, the way I do, rather than to buy cheap goods that have been produced on the backs of essentially slave labor in places like China and elsewhere in the world. We have enough, I think, moral spine to not appreciate having a business of that kind here. I hope that the Council will not think of itself as not playing the role of getting in the way of business, especially big business. I take it that precisely because you have statutory authority over matters like zoning, you have vested within you the power to act on the basis of the good of this community, rather than simply on the basis of particular interests that might want to sweeten the pie for you by offering a lot of money. Thank you. (applause) Wilburn: Thank you. Grueskin: Hello, my name is Zoe Grueskin, and I've been here before. I know I look like a little girl with sunburned shoulders and in truth that's what I am, but I hope you'll listen to what I have to say. I lived in Iowa City all my lived and I love it. If any of you went to the Iowa Arts Fest this past weekend as I did, you will have gotten to experience the wonderful culture that we are lucky enough to have and the opportunities that this town gives us, and I hope you realize what a shame and a loss it would be to have our town, This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. #6 Page 16 our community, dictated by a company that, among other things, uses atrocious labor practices. I guess what I'm trying to say is I don't want to become just another mid-west town where children like me say that they're favorite pastime is going to Wally World. Wilburn: Thank you. (applause) I'll take one or two more comments, and then the Council needs to discuss the Conditional Zoning Agreement. Workman: I'm Bradley Workman, 2401 Highway 6 East in Iowa City. I'm going to do something unpopular and I'm going to actually support Wal-Mart, and I'm actually going to say why ! support Wal-Mart. It's easy to say that Wal-Mart's going to come in and kill a bunch of businesses, and ruin the downtown, and make everything terrible, but that's not necessarily the case. You can compare it to Texas; you can compare it to another state, but this is Iowa, and Iowa's pretty, a pretty resilient state, and they have the ability to stand up for themselves and not just roll over and take things lightly. The thing I want to say is, I'm from Mt. Pleasant. We got a Wal- Mart when I was a kid. We got a distribution center. My grandfather owned a small CB radio shop, which in itself wouldn't be very successful you'd think at all, but he did okay, and Wal-Mart sold CD radios, and there was competition, but people went to him because he was, they knew him, and Bluebird, when Bluebird was in town, they had him install all of the CB's. They went to him because ofhim...because they chose to go to him, and you can say 'I don't support Wal-Mart because they have slave labor that makes this or sews that together' - that isn't Wal-Mart. That's the businesses that are making the clothes. So, if you have a problem with the clothes that Wal-Mart's selling, or the products that they're selling, don't buy those individual products. There are other (TAPE ENDS) same idea of practices that maybe are the same way as Wal-Mart in some ways, but right now everybody seems to be focusing on Wal-Mart, and I guess it's like that South Park episode that I saw a while back where Wal-Mart comes into town and everybody ends up at the end defeating the evil Wal- Mart and they all go 'well that's it; we're going to shop locally now' and then a few frames later, they're burning down the local store because the local store, they turned it into just as bad as Wal-Mart was, and it's not a matter of...Wal-Mart's not a terrible, terrible entity. I'll tell you one thing, I buy gas, everybody buys gas; gas prices are atrocious. I go down to Mt. Pleasant to get my gas because Super Wal-Mart went in down there, put in a gas station, and they can lower their gas prices a little bit more than other people. It caused Hy-Vee to lower their gas prices more. I filled up the other day for $1.58. When's the last time you've been in Iowa City and filled up for $1.587 So...but I would encourage people to, you know, support it. Right now there are people who are going to go to Wal-Mart and shop, and right now the Super Wal-Mart is in Coralville. What happens when they're done shopping? They're going to stay in Coralville; they're going to grab something to eat; they're going to stop This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. //6 Page 17 over to the Coralridge Mall. I have a great idea. Why don't we put a Super Wal-Mart in Iowa City? Then the people who have the need to go to a Super Wal-Mart are still going to a Super Wal-Mart, but then they're stopping at the Lark to get something to eat, they're stopping at a restaurant in Iowa City to get something to eat, and maybe, hey maybe, they could stop down and check out that music festival that's downtown since they're n the area anyway. I know I'm in the minority in this group, and I won't get applause when I step down, but I'm all about Wal-Mart. Wilburn: Thank you for your comments~ Okay, Council, before I, before I close the public hearing, we need to either accept the Conditional Zoning Agreement, or chose some other action. So, I need to get some idea on whether or not...there's an even number of us here, I need to get some idea if we are, if there are four of us that are going to accept the Conditional Zoning Agreement. Already pointed out that we did get the letter from Wal-Mart saying that essentially they were favorable towards the agreement. Elliott: I will, I would prefer to vote against the Conditional Zoning Agreement, but if that were to mean that it would not pass, I will vote for it. So I will wait and see if my vote is needed, you have it, but I will choke on it. Wilbum: I will accept the Conditional Zoning Agreement, in particular... Champion: I think...I don't think we have to take a straw vote. I think we should vote on it. O'Donnell: We need to take a straw poll before we close the public hearing, to find out if we accept the changes. Wilburn: I'm just wanting to get a rough idea because if we take an action that is contrary to the Planning and Zoning Commission's recommendation, then we need to have a meeting with them, so... Vanderhoef: I'll accept the Conditional Zoning Agreement. O'Donnell: I will also. Wilburn: That's three. Elliott: Okay, that means I have to go. I won't like it, but I'll do it. Wilburn: Okay, then the Chair will entertain a motion to accept the Conditional Zoning Agreement. Vanderhoef: So moved. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. #6 Page 18 O'Donnell: Second. Wilbum: Moved by Vanderhoef; seconded by O'Donnell. All those in favor say "aye;" those opposed? Okay, it's approved, accepted, 4 to 2. Champion and Bailey in the negative. Before I close the public heating, I need to take a break so that we can, you've already had an opportunity to speak. I need to close the, er, we need to sign the Conditional Zoning Agreement. We will come back, I will close the public heating, and then we will take action on the rezoning. Karr: Could I have a motion to accept correspondence? Vanderhoef: So moved. Elliott: Second. Wilburn: Moved and seconded; all those in favor say "aye." Opposed? Okay, let's break until 8:00. (BREAK) Comment before I close the public heating? Go ahead, ma'am. Please state your name and limit your comments to five minutes. Lenoche: My name is Pat Lenoche and I've been here since 1946. My husband brought me here after the war, promising to take me away after three years, which he didn't do that (laughter), and I've been here ever since, but anyway, I turned on the TV to watch the Cubs tonight, and your program came on, and I was just devastated to think that anybody in this city would want that monstrosity to come in to our town. They're finally beginning to get the downtown settled; Sycamore Mall is settled; the Pepperwood Mall is coming along; and what this terrible, terrible Wal- Mart is going to do is just wreck everything we've done, and I think the taxpayers have paid way, way, way too much already for all of this. That guy's got money; send him to Timbuktu to get his other big store built somewhere. That is just my point. Thank you. (applause) Wilburn: Thank you. Public heating is closed. 2) CONSIDER AN ORDINANCE (FIRST CONSIDERATION) Wilburn: Do we have first consideration? O'Donnell: Move first consideration. Wilburn: Moved by O'Donnell. Vanderhoef: Second. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. #6 Page 19 Wilburn: Seconded by Vanderhoef. Council discussion? Elliott: I just wanted to mention as I said, I'm...I wouldn't say I'm going to choke on my vote, but I'm very disenchanted with having to vote this way. I just have concerns with the city getting increasingly into designing, building, and specifically, some of these things is to ensure compatible appearance with other commercial shopping centers. Which one? Not Sycamore Mall, not Wardway Mall, well, what used to be Wardway, they have flat roofs, even City Hall has an air conditioning unit that is visible from at least two public streets, and I think we should at least be embarrassed by that. If we're going to force these restrictions on others, I just, I just think it's elitist, it's condescending, we're telling one of the world's largest retailers that we know more about building their buildings than they do. I'm very much opposed to it, but I'm forced to vote for it tonight, so at least I had my say. Champion: Well, I think we can afford to be elitist. I think it's a pretty incredible place we live in, and I'm not going to support this vote because I think we have, Iowa City is very unique. We're not the only community discussing Wal-Mart. Wal-Mart is becoming a national issue for a lot of reasons, and I'm not going support it. I think we've tried to protect our entrances into the city. We've tried to keep our downtown and other shopping areas vibrant, and one...somebody out here mentioned Coralville. Well, you know what? We're not Coralville, and we don't look like Coralville, and I don't want to be Coralville. I want to be Iowa City. (applause) So I'm not going to support this rezoning. O'Donnell: I am going to support this, and I really don't support saying anything negative about a neighboring community. Coralville has done what they feel like doing, and I support their efforts. Champion: I want to say, I wasn't saying anything negative about it. I just don't want to be Coralville. O'Donnell: I don't have a problem with that. That's why we live in Iowa City. Wilburn: Any other discussion? O'Donnell: Yes, I'm not done. In 1989, we did have a choice in this community, and we voted to allow Wal-Mart to start business, and I said this one other time. If people were not shopping at Wal-Mart, Wal-Mart would not be expanding in Iowa City. So, I will support this, and I think enough said. Wilburn: Any other discussion? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. #6 Page 20 Bailey: I won't be supporting this. I haven't supported it from the beginning. Just in taking the long view of things, I think this will cost our city much more than it will gain us in the long run. That doesn't mean that I don't support the development of Aviation Commerce Park. I do. I just don't think that this is the best business to come to our community. They don't treat their workers well, and they don't treat their suppliers well either. So I think in the long run this will cost us more in human service provision in other areas, so I won't be supporting it. Vanderhoefi Well, I'm going to support this somewhat along the lines of what Mike said in that we already have a Wal-Mart, and that decision was made a long time ago, and obviously, the people at that time felt it was the best thing for our community, adding a grocery store to it at this point is just another option for grocery stores. I've even heard in the last couple of years, comments about another grocery store having monopoly and we wanted some competition in the grocery store shopping opportunities, so this is one more opportunity in our community, and hopefully it will lead to better and lower prices in our groceries. Wilburn: Thank you. Roll call. Approved; Champion and Bailey in the negative. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. #7 Page 21 ITEM 7 REPEALING CITY CODE TITLE 12, CHAPTER 4, ENTITLED BROADBAND TELECOMMUICATIONS FRANCHISE ENABLING ORDINANCE AND ADOPTING A NEW CHAPTER 4 a) PUBLIC HEARING (CONTINUED FROM 5/17) Wilburn: Reminder for Council, this is the enabling ordinance. The public heating has included discussions about the franchise, but I believe the franchise will be, this is enabling ordinance, so the franchise will be discussed at a later date. Correct? Decided at a later date? Helling: Right, the ordinance requires three considerations. When the third consideration is on, then the ordinance, the resolution to adopt the ordinance, or the franchise, will be on at the same time. So, yeah, you've got four weeks. Wilburn: Thank you. Williams: Thank you, Council. As you know, the Cable Television Franchise with Mediacom is up for renewal. We have arranged for what, I think, is an excellent franchise document. Bailey: Can you raise your mike up? I'm sorry, I'm having trouble... Williams: Sorry, thank you. As you know, the franchise with Mediacom was expiring, and we have arranged with Mediacom and the City, what I think is a very fine franchise agreement, as well as enabling ordinance, and I have a brief PowerPoint presentation, and then I'd be happy to answer questions, as well. (PowerPoint presentation given; follow handout). We're very happy to have gotten this done to this point, and be happy to answer any additional questions that people might have. Bailey: How many subscribers does Mediacom have in Iowa City? Williams: About 16,000 or so; 17,000. Wilburn: Let me go ahead and open the public hearing here. Bailey: Sorry, and then, are the results of the survey on the web site, or could we get a copy of the results of that survey you sent to 400... Goding: (not at podium; cannot hear) Bailey: Is it on the web site? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. #7 Page 22 Wilbum: Need to speak into the microphone if you're going to...please state your name. Goding: Hi, I'm Josh Goding, the Director of Public Access TV, Channel 18 in Iowa City, and tonight I want to speak on behalf of the support, or in support, of the extension of the cable franchise. This extension agreement is a very fair and positive agreement for Iowa City, and it's been highly researched and labored over by the City Cable Division, and the Telecommunications Commission, and the City's independent consultants who specialize in these kind of franchise agreements. One of the most important and necessary provisions of this particular extension is a continued funding of the operating budgets of Iowa City's access channels. Iowa City is very fortunate to have several access entities, each of which has a unique and critical function in the community. The volume and diversity of Iowa City cable access sets our city apart, and puts us on a par with the access of much larger metropolitan areas, and this is something that Iowa City citizens can be proud of. If the City Council decides not to accept the current offer for extension and instead opts to enter the formal refranchising process, it's more than likely that PATV will lose our operating budget, and so have to become dissolved, and this would be detrimental for Iowa City. Today when big media continues to gobble up smaller media outlets, the results are the further silencing of independent voices, and the squelching of community information. In the case of PATV, the City would lose one of the last portals of true free speech, a place where anyone from the community can get their message out to thousands of households. Iowa City would also be losing an education center for media production techniques, where citizens can stay current in the ever-changing world of digital media. The City would also sacrifice thousands of hours of community programming, featuring arts and entertainment, independent news, political interests, devotional services, and the humanitarian pursuits of social change organizations. To this end, I would like to invite everyone to come out to appear on live TV with the return of PATV's open channel on Wednesday, June 29th, from 8:00 to 9:00 P.M., at 206 Lafayette Street in Iowa City. In addition, tomorrow evening, everyone's invited to, at sundown, PATV will begin the first of our bike-in theatre screenings with "We are Traffic", a documentary about the critical mass bike movement. I strongly urge the Council to support this well-crafted agreement that's before you. Thanks. Wilburn: Thank you. (applause) Smith: Hello, my name is Gary Smith still (laughter). I'm speaking now, again, in my capacity as the Concerns Chair for the Democratic, Johnson County Democratic Party, and a user of community programming here in Iowa City. We've been able to produce programs of public interest on issue ranging from health, mental health care parity, which fortunately recently This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. #7 Page 23 passed in the Iowa Legislature, to Social Security privatization, utilizing the services of community television. I encourage the Council members to endorse the franchise agreement that would continue funding for this service, as people may or may not be aware, free can be quite expensive, and one way that people can get a word out and reach an audience, maybe only insomniacs, but an audience, is through the community programming services that are now being provided so generously through the franchise that you have with Mediacom, and through the good offices of Drew Shaffer and those folks, Ty Coleman and those folks that do the production work down there. I encourage you to endorse a franchise. If not this one, one that would continue to support community programming so that, not only can we discuss important public issues, we can also view the diversity of culture that's available to us within our community. Wilbum: Thank you. Berkowitz: I'd like...Holly Berkowitz...I'd like to add something to what has already been said, and I endorse what was already said. As a student of Childhood Development, it's really important for kids to have feedback and to be able to express themselves, and to feel empowered to make a difference in their world, and I know from personal experience as a producer of public access that it's a wonderful resource for our community, and the other channels are also, and please, please extend this service. Wilburn: Thank you. Logsden: Hello, my name is Kara Logsden. I'm the Adult Services Coordinator at Iowa City Public Library. Susan wasn't able to be here tonight because she had a different meeting, so I'm here in her place. I'm supporting, or I'm speaking in support of the cable franchise agreement. We all know that living in Iowa City's a unique place. There are many unique things that add to the quality of life within our community, and I believe that local access channels in Iowa City are one of the many services that add value to our community. Library staff work very hard to assure that we program our channel to uphold the mission and meet the needs of our community. The purpose of programming on the Library channel is to extend programs to a wider audience, to inform the community about Library services, to promote reading and Library use, to preserve local history, and that's actually something that we got as a feedback from some of the community surveys that have been done, that people wanted more local history programming, and so we've beefed that up in our channel. Also, to make meetings and events in Meeting Room A more accessible to the community. We frequently receive telephone calls for more information about programs that we've had on the channel, or books that we've highlighted in our scholar line-up, and a week doesn't pass by that I don't hear from somebody, "Hey, I saw you on the Library channel." So I This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. #7 Page 24 know that people are watching the channel. To date this fiscal year, we've produced 68 new children's programs, 60 new adult programs, and we've created 437 new messages about Library programs, services, and events. Also we work collectively with other local access channels in Iowa City. Since January 1st of this year, there have been 16 programs that have been videotapes at the Library by either PATV or the government channel, shown live on the Library channel and then replayed over on their channels. We communicate with one another and we support one another. We are most appreciative of the funds that the Library receives through the franchise agreement, and we support Library channel operations, and I urge your support for the extension. Finally, I want to leave you with an anecdote about the way my day started today. As I was preparing for work, my 5-year-old son was downstairs, and he was laughing his head off, and I couldn't figure out what was going on. His sister was still getting dressed, and so when I went downstairs, I realized he was watching a program on the Library channel, and there was a magician who was doing a program, and after the program was over, he said, "Hey mom, that was a great program. Can we go down to the Library and check out some books about magic tricks?" I thought that was great, and it just showed me that the Library channel really does have a good mission within our community and that we are upholding our mission, and so I urge your support. Thank you so much. Wilburn: I thought you were going to say he was watching the Council meeting. (laughter) Logsden: You know, when I was writing this, I was thinking you guys are probably going to say about the same thing for people watching, but no, no, (laughter) he was watching the Library channel. Wilbum: Thank you. Schreiber: Jeremy Schreiber, I just have a very quick question for you about this Snowbird Policy. Is it...you have to be out of town for four months, in order for that...(male speaking from audience). Oh, it's up to four months? Okay, I think that's a fantastic policy for students to have in Iowa City, so that's just another perk. I wasn't sure if it was up to or a minimum, so that's all. Wilburn: I was going to say if you had several questions maybe you could state them and then he could respond to them all into the microphone so everybody could hear it. All right, thanks. Lord-Castillo: My name is Brett Lord-Castillo. I am one of the Commissioners on the Iowa City Telecommunications Commission. Probably be one of the last times I get to address you. As you may know, I am resigning at the end of This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. #7 Page 25 this month to head off to grad school. I actually wanted to speak to one specific issue tonight. I do have some documentation that's in the Councilor's packets there. Among those is a chart of recent cable franchise renewal provisions, compiled by Municipal Communications Law. There's a web site at the bottom there, which I'll go ahead and repeat here, as well. It's municipalcommunicationslaw.com (all one word) /articles/704458.htm. That way if anybody at home wants to check out the information there. It provides a lot of information about the franchise renewal process. In particular there's a chart of recent franchise renewals negotiated around the country, and the terms of those renewals. There's only one term, one renewal in there had a term of five-years. Unfortunately, in the Councilors' version, the cost provisions at the end are cut off. Stevens Point receives 38 cents per subscriber to support public access equipment, and that's the only money they receive. They're the only ones with a five-year agreement. In fact, as you go down, you'll find that our funding is actually comparable to significantly larger cities, and to major metropolitan areas rather than to cities of our size. The issue in particular that I want to speak about was the process that we're involved in right now. As legal, as City Legal referred to last time, basically right now the decision you're facing is ultimately accepting or denying a franchise. If you go down the path of denying a franchise, it's pretty narrowly prescribed what's going to happen. There are four terms under which a franchise can ultimately be denied for renewal. It's not complying with the material terms of the existing franchise. With the history we have so far, and the current system, that's unlikely to be a criteria. There's providing a reasonable quality of service in light of community needs. That's probably the most likely criteria, but it requires a great deal of research, surveying, studying, to establish exactly what the community needs are, and even after that, the franchisee gets an opportunity to respond to those established community needs. Third one is maintain requisite financial, legal, and technical ability. That's also unlikely to be a path for denial. Those cases involving that have basically been with cable systems that simply do not have the people necessary to maintain them on those ability levels, and only small independent operators, and the fourth part is if the franchisee fails to offer a franchise proposal that recently meets future cable-related needs and interests of the community. Where that comes in, if we enter the formal process, Mediacom will have an opportunity to make a final proposal of franchise renewal proposal. That's what is judged in that last step there. That's actually where there's a danger. If that proposal comes in with significantly less terms than what we have now, that is what will be the proposal we face when we go through the formal administrative hearing, and if we deny on one of these terms after the administrative hearing, that's also the proposal we'll be looking at when it is inevitably appealed. It can be appealed in State court; it can be appealed in Federal court. Process...because of that appeals process and the administrative hearings, This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. #7 Page 26 and the formal negotiations, is lengthy. Dubuque, as I mentioned last time, has gone through the formal process. They did it through formal process, reached a proposal they accepted, cost to Dubuque was over a half million dollars in negotiating this. If we were to make it all the way through that process, deny the franchise, we're facing purchasing a system, fair cost would likely be over $2,600 per subscriber. That's facing $45 million for the City to make that purchase. I say it might be over that because my best basis is to sell the Muscatine system voluntarily for $2,500 in 2002, and also on the basis of Mediacom's purchase prices when they purchased the system. That price likely has increased since then. At that point, if we were able to get that far even, and we would be among the largest communities to ever make it that far. Generally any case of denial in the past has involved independent operators in small cities. Then we have to either find a new franchisee to resume operations of the system, take over operations ourselves, or potentially even shut down the system completely. Muscatine has been discussed quite a bit. Mediacom voluntarily sold their system to Muscatine. Muscatine had a complete competing cable utility. As I said, it was at a cost of $2,500 per subscriber. One thing to know in here, as of last year, going through all of their annual reports, that system has yet to make a profit. Last year was their best year. They lost $2.2 million. They've had losses in excess of $5 million per year before that. Muscatine used to have lower rates than Iowa City, initially. Now, if you look at their rates, there is a letter in there that discusses this more in detail. Their basic cable, fairly similar to here, 23 channels also, is $14 a month, as compared to $11.75 here. Our rate is lower because of a rate settlement negotiated with Mediacom in 2003. Expanded basic is the tier that's cheaper. Theirs is $38.75; ours is $45. They have 70 channels; we have 78. If you go up to their basic digital tier, it's substantially the same, almost the same channels. Mediacom does offer about 20 more channels at an additional cost of $1.50. You look at the premium channels, where you're having people purchasing HBO, Cinemax, Showtime. Point for point, each of the premium packages is identical in price. There's maybe about a 70-cent variance, depending on which package. There is no HDTV channels in Muscatine at this point. There is no cable Internet available in Muscatine at this point. They resell instead, as offered through Qwest. So that's...that kind of situation is why Telecommunications Commission really has not even examined the idea of a municipal option. It's costly, we really do not have the expertise to convert over a system at this time, and lastly, a more important point is no system so far in Iowa has made it without having an electric utility. Muscatine financed, basically financed their purchased system by borrowing from the electric utility. The case of Iowa City, probably would likely have to be borrowing from the water utility. If we did create a municipal cable system and it lost money as Muscatine does, that's where problems start stacking up, where we're having to pay back the water utility money that this utility would not have. Because of that, that's This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. #7 Page 27 why the Telecommunications Commission felt the best process was to work through the informal process - it does minimize the cost, and rather than making the decision of whether to deny or accept as the central focus, rather making the central focus finding the best agreement possible. I feel that this agreement compares well to just about any agreement you can find in the country, with a few exceptions in very large metropolitan areas, and that's why I believe it's in the best interest of the Council, the City, the users of our system, to accept this franchise extension. Wilburn: Thank you. Thanks for your service, and good luck with grad school too. Lord-Castillo: Thank you. Koebrick: My name is Jon Koebrick. I'm the Senior Director for Government Relations for Mediacom. I have lived in Iowa City, or lived in Cedar Rapids, for the last about fifteen years, and-I've been privileged to have been, had an opportunity to work with the City on a long-term basis. I can probably say in terms of Cable Commission meetings, I've probably missed less than ten in what, three, four years, something like that. So I work with the City every day, and the focus that I have on this is that, you know, Mediacom's a little different company than what you may have had before, and I know that there's a certain amount of cable always having a little bit of a target on it's back because of the sins of the past and some things that have gone on. I wanted to start off telling you a little bit about our company so you can understand because I think a lot of people don't really know, and we haven't done an excellent job of telling people who we really are. Mediacom...in Iowa City, and a lot of Iowa, was previously owned by TCI, and AT&T Broadband, and those were companies that were really focused on the very biggest markets. What they were doing was taking the money out of the smaller communities, that's kind of akin to what you're talking about in the Wal-Mart discussions earlier, and they were investing it in the very largest metro areas. Mediacom has had a focus, that our company is fairly young. It's only, it only began in 1995, and it was started with the premise that the smaller communities deserve the same level of service that the bigger communities did, and so what were termed nonstrategic assets were what we considered our strategic assets of what we really wanted. We've grown to about the 8th largest cable operator in the country, but we're still only about 1.5 million customers. We don't have any programming ownership interests like TCI or AT&T did so we're kind of fighting the big media companies, as there are six of them, that really run all the programming interests that are out there, and that's why there's not ala carte options out there. In fact, we're the largest cable operator that's been out there that has gone to the FCC and asked for the right to offer certain channels ala carte so that we can offer a better deal for our consumers. Nonetheless, we are a company that operates in about 23 states. Our corporate headquarters are in a town This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. #7 Page 28 about the size of Waverly, Iowa, in the upstate New York. You always hear Mediacom, New York-based Mediacom. Let me tell you, it's a town of about 13,000 people in upstate New York. It's not in Manhattan; it's not in the New York metro area. We have a small company, but what we have really done, what we've really delivered on the promise to do is that we were going to take, we came in and we said, and we had a state-wide meeting for all the franchise holders when they came in in 2001, and said 'we're going to upgrade all the systems so that everybody has state-of-the- art cable systems, and we're going to do it in about 3 years.' We had that meeting in Coralville, and we invited everyone across the state to come in. We're very proud of the fact that we've upgraded, we've dumped about $300 million just in upgrading in the state of Iowa our cable systems. What that's done is enabled us to provide a platform that allows us to offer all the services and more than you can get in the Chicagos and the Denvers. Whereas AT&T and TCI were investing in Denver, Colorado, we were investing in Denver, Iowa. So, about a third of our company is now in Iowa, even though we operate in 23 states, a third of our company is in Iowa. Over a third of our employees are in Iowa. We have far more employees here than we do in New York. I say all that to say that we're a lot like Iowa City. I mean, we're very proud of the fact that we've delivered a lot of extra services here. We've built a platform that, I don't think you could look to a lot of cities across the country that have offered digital video recorders, video on demand, soon to have a competitive telephone service right through our cable system right here in town, in addition to high-speed internet service that we just, we just increased the speed in the last two weeks to 5 megabytes download speed for residential at no increased cost. Over about 18 months ago, we were at one point 5 megabytes down-speed. We've increased it to 5 and not increased the rate for anyone. So we're very pleased with the things that we've done, and I started off with talking about my privilege of coming to Iowa City, and I really mean that because one of the things that as a government relations person that's been kind of fun is to build a relationship with the City. We came in one time when we were having some transitions and there were some difficulties, but I think we came through that pretty well and we worked openly with the City, and with Drew, and with I think, Don, you were part of that, as well, but we took to heart very seriously that we wanted to work with the City of Iowa City, and in that same vane, following the resolution of that, we looked at the franchise renewal and we could have, we could have, when we talk about the support for pegged channels and things like that, Don made the correct point and that is that in franchise renewals going forward because of federal law, typically those costs are not paid for by a cable operator. Those are typically born by a city. We made the decision (TAPE ENDS) ..on the basis that we really believe that we have built a strong relationship with the City and we want to continue that strong relationship with the City well into the future. I believe that the original extension was an idea that the City put forth to us, This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. #7 Page 29 and we've worked with the staff. I believe that if you look at the terms of the agreement and you compare them across the state of Iowa, you'll see that they compare very favorably for the City in a wealth of areas, and Don really went through and mentioned most of those. But from our standpoint, we just want to make sure that you understand that we have really wanted to have a good relationship with the City and I think this franchise agreement and the negotiations that have followed from it have illustrated that a good relationship can be had between business and the City of Iowa City, and we would like to continue to work with Iowa City on that under the current agreement that's proposed in front of you. Wilburn: Thank you. Public heating is closed. Kart: Motion to accept correspondence. Vanderhoef: So moved. Wilbum: Moved by Vanderhoef. O'Donnell: Second. Wilburn: Seconded by O'Donnell. All those in favor, say "aye". Opposed? Motion carries. b) CONSIDER AN ORDINANCE (FIRST CONSIDERATION) (DEFERRED FROM 5/17) Wilburn: Do we have first consideration? Champion: Move first consideration. Wilburn: Moved by Champion. Vanderhoef: Second. Wilburn: Seconded by Vanderhoef. Discussion? Bailey: Well, I think the waters have gotten a little muddy. We are not tonight voting on a franchise agreement. We are voting on an enabling ordinance, which precedes a franchise agreement, so thank you for all of your comments, and I think we'll take those into consideration when we vote on that in, how many meetings probably? Helling: Assuming that you pass the first two readings of the ordinance, in four weeks. The third reading on the ordinance and the franchise resolution will be on... This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. #7 Page 30 Bailey: This enables us to enter into the franchise agreement. Just to split hairs a little bit. Champion: I'm glad you explained that because some people in the public might not understand that. Bailey: Well, I think we've...I've had to hear it a couple times to understand it. Wilburn: Just to remind ourselves. Elliott: I also will be voting yes on the enabling. I have some serious questions, mainly I have a concern about a 13~year agreement in a technology that is exploding and could be totally different, virtually overnight. Secondly, I'm concerned that we have, I think, great value that is valued by a relatively small percent of our population, but the viewing and the channels that say 80 to 90% of the population see, I see considerably less value there, and I guess I'm going to be talking with some key people and see how I feel about the whole thing, but I have some serious questions at this time. O'Donnell: Well, and I have some problems also, and having said that I'm probably going to end up supporting this because the City does value its access channels, but I really have a problem with the basic tier being $11 and the next tier is $50. I think there should be a middle tier on that. I would like to see more given for that basic tier. Having said that, there's very little you can do negotiating and I understand that, but those are my concerns, but I'm probably going to be supporting this. I will support this. Wilburn: Well, I think given the track record with the FCC and reduced, continued reduced ability of cities to regulate in this area, I think given the support that we do get for our public access, and especially with the state-of-the- art clause and I will be comfortable with the agreement, but again, I guess we'll cross that bridge when we get to it. Champion: We have a long ways to go before we get there. Wilburn: Roll call. Carries unanimous. Does anyone need a break? We're on Item 8. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. #8 Page 31 ITEM 8 CONSIDER AN ORDINANCE AMENDING TITLE 4, ENTITLED ~'ALCOHOLIC BEVERAGES," CHAPTER 5, ENTITLED "REGULATION OF THE PERSONS UNDER LEGAL AGE," SECTION Al, TO MAKE THE AMOUNT OF THE FINE AND OTHER SANCTIONS FOR POSSESSIN OF ALCOHOL UNDER THE LEGAL AGE EQUIVALENT TO TItE FINES AND OTHER SANCTIONS UNDER STATE LAW (FIRST CONSIDERATION) Vanderhoef: Move first consideration. Champion: Second. Wilburn: Moved by Vanderhoef; seconded by Champion. Just for the viewing audience, Iowa Legislature amended the State Code provisions for possessing alcohol under the legal age, PAULA, basically increasing the fines for first offense from $100 to $200; and from $200 to $500 for second and subsequent offenses. In addition, for first offense, will not require a personal appearance and for second offense, PAULA, the person will have to chose between the substance abuse evaluation and suspension of their driver's license. Any discussion? Dilkes: Just to clarify, because I had a call from the press today, as you will recall, we had a ruling by Magistrate Goddard that the City did not have the authority to impose a license suspension, so we have appealed that ruling and the City did not, although that could be imposed when it was filed as a state charge. The City did not have the authority due to other sections in the Code that limit the penalties we can impose. That is on appeal. We currently are not seeking the license suspension while that decision is being appealed. Champion: So it's possible that we will be able to invoke that? Dilkes: Yes. Champion: Okay. Thank you for clarifying that. Wilburn: Roll call. Vanderhoef: May I make one comment here? Wilburn: Yes. Vanderhoef: Earlier this year, we had our Johnson County Legislators in a work meeting together, and we proposed some changing of State law just to address the fines and fees for PAULAs and I want to thank them publicly This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. #8 Page 32 for championing this to get it achieved this year in the State House. They do listen to our concerns and they need to be acknowledged and thanked. Wilbum: Thank you, Dee. This represents only a reasonably accurate transcription of the Iowa City City Council mecting of June 7, 2005. #9 & #10 Page 33 ITEM 9 CONSIDER A RESOLUTION ADOPTING IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) INVESTMENT POLICIES ITEM 10 CONSIDER A RESOLUTION ALLOCATING THE HUMAN SERVICES AID TO AGENCIES FUNDING FOR THE FISCAL YEAR ENDING JUNE 30, 2006 Wilburn: At last night's work session we talked about deferring Items 9 and 10. Champion: Move to defer. Bailey: Second. Wilbum: Moved by Champion; seconded by Bailey. All those in favor, say "aye". Karr: Until June 21 st? Bailey: Yes, until June 21 st. Dilkes: Are you abstaining, Ross? Wilburn: Yes, I'll be abstaining. Thank you. I'll be abstaining due to a conflict of interest. This involves Community Development Block Grant and Aid to Agencies funding. All those in favor? And against? Abstained. Carries 5 to 0, with 1 abstaining. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. #13 Page 34 ITEM 13 CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2005 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT Champion: Move the resolution. Bailey: Second. Wilbum: Moved by Champion; seconded by Bailey. Discussion? Estimated cost is $127,000, and this will be funded with water revenue funds. Roll call. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. #18 Page35 ITEM 18 CITY COUNCIL INFORMATION Wilburn: Regenia? Bailey: I just wanted to let everybody know that there's a pedestrian planning session scheduled for this Thursday. It will be here in Emma Harvat Hall and take place from 5:30 to 6:30, and public input is sought. Dan Burdin, Director from Walkable America, will be making a presentation so it should be an interesting evening, and so everybody should plan to attend. Wilburn: Thank you. Dee? Vanderhoef: I just want to congratulate all of the volunteers and the organization that happened with the Arts Fest that happened this past weekend. I was down there a couple of different times. It was, there were a lot of people there. They were having fun. The kids were having a great time in the Library section, and many interesting things for them to do. The artists that sold their wares were a good variety. I hope you folks will all consider supporting this in another year. We just passed a resolution that the Council will continue to support this lively activity in our community, and keep going! That's it. Wilburn: Here, here! Mike? O'Donnell: Just one thing. Saturday night there's an opportunity to watch some really good entertainment. Releve, it's a non-profit youth group that's active in the arts will be having their performance at the Englert Theatre. You'll see all kinds of dance, and I understand the West High Jazz Band will be there. There'll be a silent auction starting at 5:30, and the performance starts at 7:00. This is an opportunity to watch some real talent, so I encourage everybody to attend. Saturday night starting at 5:30. Wilbum: Sounds like a fun time. O'Donnell: Should be. Wilbum: You going tO be there? O'Donnell: I'm going to be there. I should say also the tickets are $11, so let's get out and support this group. Champion: Good idea. Wilburn: In line with our recent cultural districts, we could go down and support that too. Connie? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. #18 Page36 Champion: Along with the recent cultural districts, we did unveil a new one-year sculpture on, what do you call those...pads? The pad, in front of The Siren, and I was thinking Saturday how fortunate we were to have this wonderful public art, and that wonderful new library, and Arts Fest. What a gorgeous town! Really! We're lucky. Everybody could enjoy it. It doesn't matter how much money you make. Wilburn: Bob? Elliott: I just want to do, for us to do whatever it takes to revisit the road by the street, the parking, no-parking street, tell me which street that is. (several talking at once) Oakcrest, yes. Atkins: You wanted that on next work session agenda, and we put it on. I mentioned it to Jeff today. He groaned .... (laughter). O'Donnell: I want to add one more thing. Wilbum: Yeah, go ahead. O'Donnell: In the past two weeks, I had a meeting with, I guess it would be called an "alcohol forum." We had members of Stepping Up Project, as well as a couple Council members, our student liaison Jeremy was there, our student body president was there, and I thought it was very, very productive, and I will be bringing up some of these comments at a future work session, so I just wanted to tell you it's encouraging to see everybody working together. Wilbum: Thanks for going to that. I've been asked to announce a couple things. On Sunday, July 10th, from 1:00 to 4:00 P.M. at the Aerohawk Flying Field, which is out at the landfill near the recycling center, the Aerohawks will have their radio-controlled airplanes. It's a good show; free admission and free parking for the entire family. You can watch radio- controlled airplanes do the limbo, streamer cut, candy drop, spot landings, and stunts galore! I like the candy drop myself. (laughter) There'll also be food and beverages available, and they'll be accepting food donations for the Iowa City Crisis Center. Secondly, you'll see these posters around town; the Iowa City Community Band will be performing at various locations, and... Elliott: Who, who plays in that? Wilbum: You know, I play in that! (laughter) They'll be performing next Thursday in Coralville, getting their season going out there, but the Saturday, June 25th, at Blackhawk Park, downtown Iowa City at 2:00 P.M., and I will be in the fireworks concert at Morrison Park in Coralville, but look for these This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005. #18 Page37 posters around town and please support the Community Band. Very good group. Also, I had an opportunity to welcome back the first of the 168th Infantry, Charley Company. Very glad to have. them all back, and all back safely, and at that welcoming ceremony, I kept my comments brief because they were chomping at the bits to get back with their loved ones, but it's important...I pointed out that it's important for us all to remember those who still have family members still serving overseas and hope that they come home safely. Other than that... Atkins: Nothing, sir. Wilbum: Motion to adjourn? O'Donnell: Move we adjourn. Elliott: So moved. Great job as Mayor Pro tem. Wilbum: All those in favor, say "aye". Opposed? Let's get out of here. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of June 7, 2005.