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HomeMy WebLinkAbout2000-12-19 Transcription#2 Page 1 ITEM NO. 2 SPECIAL PRESENTATIONS Lehman: Item 2 is Special Presentations and before we start that, this is Fred Lucas Night. Fred Lucas is a reporter for the Press Citizen who is leaving the Press Citizen to return to his homeland, which I think is considerably warmer than Johnson County. And part of the reason I think it is warmer is because of a- perhaps because of a female acquaintance that he may have back home. So Fred, we wish you the very best. We have enjoyed very much having you cover council meetings. And I am sure the whole council wishes you the best. Champion: Was that his mother you were talking about? Lehman: I don't think it was his mother. Kanner: Grandmother. Lehman: Fred, it is not very often that reporters get applause in here. I can tell you that. Champion: He is so sweet. a. Richard W. Lee Award Lehman: We have a special presentation tonight. It is the Richard W. Lee award. And RJ, would you come forward please? Karr: Chief of Police RJ Winkelhake will do the presentation and joining the Mayor will be the recipient, Officer Kevin Bailey and also retired Captain Richard W. Lee. Winkelhake: Mr. Mayor, you have a plaque that goes with this. A little bit over a year ago a number of citizens came before this council and instituted this particular award to be given to a police officer honoring the career of Captain Lee. And I would like to read the award that Officer Bailey will receive. (Reads award) I will give you just a real brief example. Officer Bailey has served in a number of different capacities. He has shown his feelings about the community in dealing with young people. Not only in the capacity of law enforcement but also as a foster parent as well. And we have received a number of letters from members of our community in regards to his work within the community. Just one example- he went to a call where they needed to try to resuscitate an individual. Not able to do so, Officer Bailey stayed with the family until other family members could come in. And he followed up with them to make sure that arrangements were made for everything that they needed. And then spent time and also This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #2 Page 2 went to the funeral of the individual. This certainly does demonstrate the kind of things that Captain Lee did during his service with our city as a police officer and also in the community as a resident of our community. So it is with great pleasure that I would like to introduce tonight Officer Kevin Bailey as the first recipient- the very first- of the, we hope to be many, Captain Richard Lee awards. Lehman: Well, Kevin you are number one on the list. Actually, Dick, you are number one. But he is the first one at the bottom. I think this is very, very significant. And Dick, I am sure you are very proud of this fellow as well as obviously RJ is. And the City of Iowa City is proud of officers who represent the kinds of principles that you do. And you certainly have our thanks and our appreciation. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #3 Page 3 ITEM NO. 3 OUTSTANDING STUDENT CITIZEN AWARDS- Horace Mann Elementary. Lehman: If the students who are going to receive those awards and the readers would come forward please. You come right up here, and you can read at this microphone. Karr: No, right up here. Lehman: The Mayor gets lonesome when he is up here by himself. Now, the Mayor has got three granddaughters. You are making him feel right at home. So when you read it if you would give your name before you read the award. Paulson: Okay, I am Claire Paulson and I am about to read an award about Sareem Park. Sareem, a fifth grader, was chosen as good citizen of our class because she is kind, sympathetic, helpful, honest, modest and very innovative. Before first grade she lived in Korea. Her after school activities include dance, church programs, piano and violin. She writes her own plays and is a very good artist. Last summer she went with her family to Mexico where she helped build shelters for homeless people. Now that is an act of a good citizen! Meyer: My name is Leslie Meyer. I am a fifth grader in Mr. Kemp's class. I am honored to win this award. My family, teachers, and coaches have always taught me to be a good citizen. They have taught me how to be kind and how to work with others. My classmates make that a very easy thing for me to do. I would like to thank my classmates and my teacher for choosing me for this award. Gerard: Hi, my name is Paige Gerard and this is Latanza Roberts. Latanza Robeas is a fifth grader at Horace Mann Elementary. She is 11 years old and in Ms. Mulligan's class. She was chosen for this award because she is nice to everyone, is a good student, is always on task, and gets along with everybody. Latanza comes from a large family of ten. Lehman: I have some awards here. (Reads award). Wouldn't it be nice if our friends could say that about us? You know, we laugh, but that- really, I am so impressed with you kids. We are really proud of you. I am sure your parents are and your teachers are- and especially your grandparents. They are really proud of you. So thank you again and congratulations. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. Page 4 ITEM NO. 4 CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. Champion: Move adoption. O'Donnell: Second. Lehman: Moved by Champion and seconded by O'Donnell. Discussion? Kanner: Yes, I would like to make note of the item ( c ) permits for alcohol, dancing and cigarettes. And note that we have some renewals. And also say that the purpose that I am doing this is to bring awareness that even though this goes through the Clerk's office and others, we as City Council I believe shouldn't just always pass them right through. We should take a closer look. Arrests for underage drinking should be just one of the many factors to look at. And I will do this until we put in place some mechanisms that we are looking at to give out some administrative fines if necessary to some of the bars. And we will be considering new resolutions in January and February perhaps. I would like to note that Gringo's had two visits and zero arrests. New Yen Ching had no visits. Gabe's had nine visits and two arrests year to date. Carlos O'Kelly's had zero visits. And Pagliai's was not on the list. And I just wanted to make note also that last year we had some people that came here to complain about Gabe's renewal. And I have talked to people at Ecumenical Towers. It appears that the noise problems are not quite as bad. I looked at some of the complaints that were listed with the police for the last three months and they don't seem to be as bad. So I was thinking that I would propose that we consider Gabe's separately to do a closer look, because there were so many complaints last year. But I feel that this year perhaps they are working a little harder to control the sound and some of the disturbances. Thank you. Dilkes: Mr. Mayor, I just wanted to comment. Because Steven didn't refer specifically to what arrests he was talking about- it is my understanding that he is talking about arrests of individuals for underage drinking, not arrests of employees of the bar for sales to minors. There is a serious distinction when it comes to culpability of the bar owner under Iowa laws. So I think that just needs to be clarified. Kanner: Thank you. And I usually do point that out. Thank you for reminding me. And I just want to say again that it is just one of the factors that we should look at in renewal of liquor licenses. There is many factors to look at in whether or not bar owners are living up to the welfare and safety of the (can't hear). That is one of the things we are supposed to look at when renewing the licenses. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. Page 5 Lehman: Two other things to point out- under e (1) we are setting a public hearing for January 9 to consider an ordinance amending a nuisance ordinance that is going to place some restrictions on the number of automobiles that are allowed to be parked in residential zones- or stored. And item (2) is setting a public heating for January 9 on the plans, specifications and contract for the skywalk for the Senior Center, which is something we have talked about for a long time. Other discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #5 Page 6 ITEM NO. 5 PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA). [UNTIL 8 PM]. Lehman: This is a time reserved on the agenda for people who would like to address council on items that do not otherwise appear on the agenda. If you wish to address the council please sign in with your name and give your address and limit your comments to five minutes or less. Carlson: My name is Nancy Carlson, and I live at 1002 E. Jefferson. And I am here tonight because I would like retire from street snow removal. For the past- I don't know how many years- basically I have cleaned the parking area on Evans Street. Probably 200 feet because the city never seems to get to that part. Unfortunately this year- I just got my snow blower tonight- so this has been what I have been out on the street cleaning with. You know, I would love to leave it here but unfortunately I need it still for my sidewalks. If the city could possibly come up with some kind of plan so that people who live in the older sections of town where there is parking on only one side- not odd even parking, but it is always on the same side of the street- if something could be done so that we don't deal with snows over 6 inches for weeks and weeks upon end I would really, really appreciate it. Thank you. Champion: I think a Teflon covered snow shovel works better. Carlson: Would the city buy one for me? Pfab: I would remind you- that was something that was brought up at last night's work session. So, you weren't the first person that is reminding us of this one sided- and I think we are going to take a hard look at what the possibilities are. Carlson: I heard last week Cedar Rapids announced that they were going to do an odd even parking all over the city in all residential areas. One day it was the odd and nobody could park on the odd side of the street and the next day it was the even and nobody could park on the even side of the street so that they could get all of the snow cleared off. Thank you. Lehman: Thank you. Walker: My name is Jean Walker. I am an officer of the newly started Friends of the Animal Shelter Foundation. I am standing in for Holly Hotchkiss who is our president. And with me tonight is Lisa Drahozal Pooley, another officer of the Foundation. Also, Misha Goodman the Director of the Iowa City/Coralville Animal Care and Adoption Center is here in case you might have any questions for her about the Foundation. We have already This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #5 Page 7 submitted our draft plan to you. We are not asking for you to make any official decisions about this organization. We just want to let you know about the organization and we would appreciate any comments or suggestions you might have about it before we finalize the plan. We have already submitted it to the Animal Center, the Animal Control advisory board, the Johnson County Humane Society and the Coralville City Council. In order to meet our primary objective to help the homeless animals in our community, we decided that our Foundation will have the animal center as its main focus. We also wish to cooperate with the Humane Society, designing programs that are compatible with theirs. We recognize the wonderful work that both Misha Goodman and her staff and the Johnson County Humane Society people have done for so many years in the community. The Foundation will operate autonomously with a self appointed government that is dedicated to cooperating with and furthering the goals of the Animal Center. We will concentrate on funding programs that augment the Center's civic budget, but not replace the budget. With the Center's direction, we will develop and implement a budget that allows for expansion of its programs and facilities. As you know from the plan, we plan to raise funds and volunteers to support programs for the homeless animals in the community- especially in the Animal Center. These include a spay/neuter program, a dog-training program, raising funds to augment the medical expenses of the Center, funds to enhance the surrounding of the animals in the Center, and funds to enhance the educational programs of the center. We have a big vision for the Foundation. We wanted to eventually be a large scale Foundation with long-term visions to help the animals in our community. Thank you. Champion: Thank you. Lehman: Thank you. Walters: I am Jim Walters. I live at 1033 E. Washington Street in Iowa City. I wanted to come down and comment on the issue of the matter of the video taping of the informal council meetings. I don't want to comment on the collegiality issue or how it is initiated or who initiates it but I think the one thing that was- excuse me- absent in press reports today on the discussion of last night was simply the notion that these are open meetings and that anybody who wants to can come in and video tape them. And anyone who wants to can come in and attend them. Indeed, we have three cameras here tonight recording this meeting but those cameras are all the property of the City of Iowa City. If anyone else wanted to come in and record the meeting, they would be perfectly within their fights to do so, publicize it and use that video tape in any way they chose. Any manner or form they chose to use it. So I think that is a really important consideration. And as someone who has attended council meetings over This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #5 Page 8 the last year, as all of you know- both formal and informal, I think it is important for people to know that there is a vast difference between the formal and the informal meetings. And that if they are only watching these formal meetings via this video tape, they are not party to a great deal of the decision making and discussion that goes on relative to this council and the government of Iowa City. And I think that they would be well advised to come down and attend the informal meetings of the council and see how the council makes decisions at those informal meetings and how those discussions take place. Because they are not reported very accurately in the press as we all know. And I think that there is another matter- one of the things that I don't think- that I think is apparent to me as watching the informal council meetings over the last year, is that we have kind of devolved into a pattern of saying "do we have four votes?". If we have four votes it would seem apparent whoever those four votes are that there is no longer a need for much discussion on the issue at hand. And that is not always the case. Just having four votes doesn't obviate the need to discuss an issue. Because all of you will find yourselves in a minority position at some time. Mike last night found himself on a minority position three to one. He found himself on a minority vote at the last council meeting on the matter of zoning out on Rochester. So being in a minority is not something that is the exclusive position of any one person on this council. All of you have found yourselves- I believe- as a lone vote at least one issue that I have seen in the last year. And some of you have been in a minority a number of times. So saying that there is a minority position on this council- most all of you find yourself in that position at one time or another. And I think that the issue of having a formal and an informal- having one that the people can see via these cameras and one that they can't see except to be covered either by coming here or by the press- if you put them both on camera then you have to ask yourself why do we have two separate meetings? Why shouldn't we just be having in the interest of economy and in the interest of protecting the tax payers- why shouldn't we just have one meeting and do all of our decision making and all of our input at that one meeting? And that is a question I am going to be raising over the next year. So, thank you. Lehman: Thank you Jim. Honohan: Mr. Mayor, members of the Council. Jay Honohan. I am a member of the Senior Center Commission. I would like to start off by giving you the new mission statement, goals and objectives approved by the Accreditation Committee for the Senior Center for the years 2001-2004. I would also like to report to you that you are in for another year of looking at me because the Commission apparently is a glutton for punishment and they reelected me Chair again this year. Joann Hora was also reelected as Vice Chair and Charity Rowley was elected as Secretary. At our meeting This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #5 Page 9 tonight we had a presentation by Lisa Dooley, Director of SEATS on the matter of eligibility of seniors, which helped members of the Commission understand the SEATS problem better. And the problem of financing of SEATS by the City of Iowa City and alternate means of transportation for seniors. The Strategic Planning Committee reported on the parking proposal for seniors in the new ramp. After we hold two public hearings for seniors- two public meetings if you will- on January 10 and 11, we hope to have something in final form which we hope to present to you and the city staff and get your approval. I took the liberty at the meeting and indicated that you had set a public heating on the plans, specifications and form of contract for our skywalk. And they were pleased to hear that. I also have some great news. And Fred, this is your last meeting and you have called me up constantly- we have reached $120,000. Champion: Wow! Good for you. Honohan: We have reached our goal through an estate. A lady gave us a substantial amount and we are not going to quit however. We are going to continue to try to raise more money. We intend to make another application for CDBG funds. I think one of our members told you that at the last meeting. But we are really excited about reaching our goal. And we are really excited about getting the skywalk under way in the year 2001. Finally, the Accreditation Committees have been meeting and we hope to finalize our application in January and submit it to the national organization. We have had outstanding support from volunteers that attended what we promised them- four meetings in each subcommittee. And we are very confident that we are going to be approved and it will be another plum for the City of Iowa City. Thank you for your time and we look forward to the public heating on the 9th. Kanner: Jay? I had a question for you. Honohan: Yes? Kanner: There was a mixer that was planned a week or so ago that was called off for the weather- I wondered if you had rescheduled that? I think a number of us were thinking about coming. Honohan: That was Heritage that did that and I do not know if they have rescheduled it. It was cancelled because of the weather. Yes. Kanner: Could you let us know when you hear about the rescheduling of that? Honohan: We will let you know. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #5 Page 10 Kanner: Thank you. Lehman: Thank you Jay. Honohan: Thank you. Karr: Can we have a motion to accept the mission statement? O'Donnell: So moved. Champion: Second. Lehman: Moved by O'Donnell, seconded by Champion. All in favor? Motion carries. Other public discussion? This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #6(f) Page 11 ITEM NO. 6(f) CONSIDER A LETTER TO THE JOHNSON COUNTY BOARD OF SUPERVISORS RECOMMENDING DENIAL OF A REZONING OF 125.43 ACRES LOCATED WITHIN THE FRINGE AREA C EAST OF DANE ROAD AND WEST AND SOUTH OF THE LAKERIDGE MOBILE HOME PARK FROM COUNTY A1 RURAL AND RS SUBURBAN RESIDENTIAL TO COUNTY RMH MANUFACTURED HOUSING RESIDENTIAL. (CZ0027). Downer: Mr. Mayor? Lehman: Robert. Downer: Bob Downer, attomey for Bob and Erma Wolf and (can't hear) LC, the proposed developers of this property. At the last meeting a request for deferral was made on this. It was indicated at that time that the council anticipated that there would be substantial progress toward this or that action would be taken. I wanted to report to everyone where that matter stands at this point. There has been a proposed development agreement submitted. There have been comments on this by staff that largely centered around issues of timing. Karin Franklin and I have a meeting scheduled for a week from Thursday, which I believe is about the only date between now and the end of the year when both of us are going to be in town to address some of these issues. These are not issues in any significant sense with regard to standards to be applied in the development to density matters of that nature. They are rather as to means of accomplishing the objectives that I think are essentially shared by the city and the developer- the timing at which these things such as annexation, connection to city water and sewer, and things of that nature will occur. Karin and I had a lengthy discussion about this over the phone yesterday afternoon. I think that we have achieved substantial progress. We are not there yet but again, it seems to me very encouraging that essentially we are only talking about time and that these are not qualitative issues in so far as the development is concerned. So, we would like to request some more time in which to continue to work on this. Karin did raise with me yesterday the question of what I felt the effect of rejection of this would be- would this prevent us from continuing to work on an agreement? And obviously the answer to that is no. It would not prevent it but it would it seems to me take us back several steps and that there would be processes that we would have to go through in getting back up to this point at such time as an agreement is reached. And I have a high level of confidence that we are going to get there. Lehman: Are you asking we defer this to the 9th Or some other date? This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #6(f) Page 12 Downer: If we could go the meeting following that that would, I believe, be beneficial because I am out of town until about the 7th or there about. And so really this meeting that we have next Thursday is about the only time 9thm ' that we are going to have to deal with that prior to the eehng. Lehman: So you would ask that we defer until the 16th? Downer: Yes. Pfab: Mr. Mayor? Lehman: Yes, Irvin? Pfab: Is there any reason or has a discussion been made where this could be deferred indefinitely until these things get worked out? Is there a problem? Lehman: That is why I just asked. Downer: I appreciate the sentiment. I think there is some feeling on both sides that perhaps we need to have a hammer over everyone on this to make sure that people are attentive to it and deal with it. And I think, frankly, that is probably a good idea. I hate taking your time to come up and ask for deferral periodically but I do think that it is probably in everyone's interest to keep some pressure on this. Pfab: I have a question. How do you put a hammer on time? Lehman: You set a date. Downer: The hammer is not on the time, it is on the people. Champion: I will move to defer this to January 16. O'Donnell: I will second it. Kanner: I had a question for Bob. Lehman: Go ahead. Kanner: In the memo that we got from Karin Franklin, the issue appeared to be that you were looking for not having annexation happen within at least ten years. And the city was asking for annexation in the very near future. Is that the major issue that you are negotiating when you are referring to time? This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #6(f) Page 13 Downer: That is one although it was really not a ten year period- it was based upon construction of Mormon Trek. And so if that occurred considerably sooner than that the time period within which the property would be annexed was based upon- was tied to the construction of Mormon Trek. The ten year period as we had proposed in the agreement was an outside date and I don't think anyone had a contemplation that it was going to go for that long of a time. And that is one of the areas that we are prepared to address in the meeting with Karin and look to shortening that time period. Lehman: But these are the sort of things that you will be discussing with Karin and then we will be receiving a recommendation hopefully on the 16th from our staff which will be the results of those negotiations? Downer: Yes. And we have, I think, on each side outlined those areas where there are disagreements and where there aren't. Pfab: I have a question. I fail to understand an indefinite postponement- I guess that is the word we are using here- what is wrong with that or what problems does that cause so that you - I get the feeling you want it to happen. I presume the city does. So is there any reason to just nickel and dime for a lack of- Downer: I would leave that within council's discretion. I don't have a strong position on that one way or another. Lehman: The obvious reason for deferring to a date definite is because that then does appear again on the agenda for that night and these folks are going to have to respond to us as to why or why not they have not achieved an agreement that is acceptable to both of us. If there is an indefinite deferral it is not incumbent on Mr. Wolf or Mr. Downer or our staff to do anything. Pfab: Okay, could we extend it a little bit farther? Lehman: He just said that that would be a good date and if it is acceptable to them it is perfectly acceptable to us. Champion: I have a motion on the floor so if it doesn't pass- Lehman: We have a motion- Pfab: I don't know. I am just trying to find information. And it looks like he has been kind of coming up every so often and if there is something that they can't move- This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #6(f) Page 14 Champion: He likes to come and talk to us. Pfab: We are good fellas. Lehman: We have a motion by Champion and seconded by O'Donnell to defer this to the 16th of January. Now we can discuss it further if you wish but my understanding is- and Bob I guess I asked you if wanted to go to the week after that- but my feeling is that date has been selected because we feel there may be a reasonable chance that we might have an agreement by that time. Downer: Right. Lehman: And that is why we chose it. Pfab: Okay. Downer: That certainly would be the intention, I think, on both sides. Thank you. Lehman: Any further discussion? All in favor ofdeferral? Opposed? Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #6(g) Page 15 ITEM NO. 6(g) CONSIDER A RESOLUTION APPROVING A PRELIMINARY PLAT OF PRAIRIE VIEW ESTATES, PART FOUR, A 30.86 ACRE, 21-LOT RESIDENTIAL SUBDIVISION LOCATED WITHIN JOHNSON COUNTY NORTH OF 1-80, EAST OF PRAIRIE DU CHIEN ROAD. (SUB96-0006). O'Donnell: So moved. Champion: Second. Lehman: Moved by O'Donnell, seconded by Champion. Discussion? Kanner: In looking at the staff report I had a question if the water treatment has been approved by the County Health yet? And I couldn't quite tell. There were a couple of letters. Franklin: Yes, we received a letter from Dan Kramer approving the well system. Kanner: And there was also a concern about possibly drawing off water from the city's wells that was I think a citizen (can't hear). Franklin: That is a concern that I think we have heard ever since the plant was planned north of Interstate 80. There is nothing at this point that shows that that is going to occur. We did at one point discuss with the County the possibility of doing a Silurian well or a Silurian aquifer study. The County declined at that time. I think this issue is something that we are going to see when the plant goes on line but there is no expectation that we are going to be drawing down the Silurian aquifer. That is the issue that has been out there for some time. Kanner: So you anticipate maybe in a year or so that we might look at doing that study of the wells that the County declined to do with us perhaps? Franklin: We have been ready. Kanner: Can we do it on our own? It is worth something to do on our own? Atkins: We did extensive pump tests. Council Members will remember- it has been three years ago and we didn't have any appreciable change in the Silurian. That is only one of our sources of water. Clearly we have a responsibility that we can't draw it down to the point to where those folks don't have available water. I think you all recall that our collector well system has proven to be- the one on the peninsula- it is going to generate This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #6(g) Page 16 the most water for the plant anyway. And that has no bearing on- but I understand this. Wilburn: There were several wells or sites that you were testing. Atkins: The Silurian, that is the one that is about 300 or 400 feet. Jordan, 1500 feet. The collector wells are the ones along the edge of the river and then of course the river supply. We did extensive pump tests long before we ever began construction on the plant. I mean, we can certainly share that information with you. Franklin: I think, Steven, that that comes up as an issue with people whenever we are looking at any development in that north corridor area. Atkins: And vise versa. Franklin: It is just something that comes (can't hear). Atkins: I think vise versa. I think there is also concerns that continuing development in the north area may draw down the waters not owned by those folks anymore- it is owned by us. It cuts both ways. Kanner: I just heard you say that there was a wish from the city to do another study and the County didn't want to go along with that so I followed up and you said there were studies and now it sounds like you are saying there is no need for that study. So I am just trying to clarify. Do you think there is a need for another study? Atkins: I would have to have the study to find- I know we did pump tests. Franklin: The tests that we did, I think, were mainly of the collector well sites. Atkins: Because we had to measure the draw down of the Silurian system when we were activating the wells that we put on the water plant site. If it is a water quality study or something such as that, that is a different set of circumstances. Lehman: If I am not- Atkins: We wanted to do something comprehensive with the County for that whole area, and they simply chose not to participate. Franklin: Those of you who are on JCCOG, if you want to raise that again that would be avenue within which you could raise it. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #6(g) Page 17 Atkins: That is a good forum. Pfab: I understand that at one point there were a number of rather difficult septic tank problems. Have they all been solved in those lots? Franklin: In Prairie View Estates? Pfab: Right. Vanderho ef: A couple of lots were listed as- Franklin: As having a problem with- Vanderhoef: -having a problem with their (can't hear). Franklin: Yes. They have been looked at. That is not a problem. Pfab: So everybody has signed off with that? Franklin: Yes. Pfab: I knew that was out there and- Franklin: That is the Health Department. The letter from Dan addressed that also. Lehman: Thank you Karin. Other discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #7 Page 18 ITEM NO. 7 CONVEYANCE OF THE ENGLERT THEATER PROPERTY TO ENGLERT CIVIC THEATER, INC., AN IOWA NON-PROFIT CORPORATION. (a) PUBLIC HEARING Lehman: The public hearing is open. Zimmer: Hi. Lehman: Hi. Zimmer: I am Justine Zimmer. I am President of the Englert Civic Theater group, and I would like to start out by saying thank you to everyone who has donated their time and money to this project. And I thought- today on National Public Radio there was an interesting article on something I think is very appropriate for what we are dealing with here. And I am going to read from the transcript of it briefly and then I will be gone. "Harvard Professor Robert Putman, once attracted a lot of attention with research suggesting that the countries civil, civic and social fabric was fraying. So for over 5 years 30 public officials, professors and community leaders have been considering ways to reverse that trend. Today in Washington the (can't hear) Seminar released a report titled "Better Together, a Blueprint for Civic Renewal". Steven Goldsmith, Chief Domestic Policy Advisor to President Elect George Bush and Professor Putman were co- chairs of this seminar. They can up with various solutions for how to address these problems and one in particular was "How can government set an example to deliver assistance in a way that strengthens civil engagement?". And one of the solutions to that was that community arts programs have a powerful effect in building, bridging connections, linking people of different classes and different races and so on. So the report calls for increases in funding for community arts programs. I would like to thank the City Council for having the foresight, the wisdom, and the generosity for helping us out with the Englert project and helping us build a stronger community. So thank you. Champion: It was easy to approve when we had a group that did such a great job. Lehman: I guess for the information for those of the public who don't know, this provides for the Englert Theater Group to pay the city $100,000 down on the closing and $100,000 each on the first, second and third years of the anniversary date of the closing. Further public discussion? The public hearing is closed. b. CONSIDER A RESOLUTION AUTHORIZING This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #7 Page 19 Lehman: Do we have a motion? O'Donnell: So moved. Wilbum: Second. Lehman: Moved by O'Donnell, seconded by Wilburn. Discussion? Vanderhoef: I think Justine said it very well. That this is a project, though expensive, it is one that is going to create rewards for our entire city. It is something that our children and grandchildren will appreciate over the years and I just hope that you folks will continue to stay with it for the next 25 years (can't hear). Thank you very much. Lehman: I hope I can stick with it for 25 more. O'Donnell: Or 5. (Several talking) Lehman: You know, once a building is gone it is gone forever. And obviously there are folks who have taken shots at the council and certainly well meaning folks who would disagree with what we are doing, but once that building is gone it is gone forever. And I guess I for one am proud to be part of a council that I think is forward thinking enough to see to it that that building doesn't leave Iowa City. Further discussion? Champion: I was just going to point out that you did get a $500,000 grant? Zimmer: $100,000. Champion: $100,0007 Too bad it wasn't $500,000. Lehman: Yeah that would be good for us. Vanderhoef: That is the next one, they are going for that one. Chanapion: You know, maybe you could build a rainforest in the Englert. Pfab: You don't want to rain on their parade. O'Donnell: This is a wonderful project. There is like 7000-8000 contributors. You folks have done an incredible job. I was in that theater when I was 4 and 5 years old so it means something to me too. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #7 Page 20 Lehman: Steven? Kanner: I am going to be voting "yes" for this. And I congratulate the group that has been working on this. I had some concerns originally and that is why the first vote I voted "no", not to give the money. (Changed tapes) some of those concerns remain although I have faith and hope that the Englert group will continue to work on these. One of these concerns is the clause that no video presentations to the public are allowed in the Englert. And I hope that that will be negotiated away in some future date because I think it is a great place to see movies. And Mike, I didn't go in there until I was 35 and I enjoyed it even though it was split in half the first time I went in there. And I enjoyed seeing movies in there. And I also had some concerns about diversification of the board membership. I think the group has worked on that and I hope they continue to reach out into the community to recruit board members from all different areas and cultures. So that it truly does become a community theater in that sense. And one positive thing also in terms of reaching out to diverse communities- I was glad to hear that there is plans to put an elevator in there. And I hope you follow through on that to make it accessible for people in wheelchairs and others that can't climb stairs. And I heard that that was a priority. So, I hope you continue to move in those positive directions and I do expect you will be back here to ask for funds some time in the future and I hope you do and I hope we will have some good discussion on that. Thank you. Lehman: I don't share that feeling. I hope you don't come back and ask for more money. Other discussion? Wilbum: Keep moving forward and good luck with the New Year's Eve fund raiser (can't hear) at Old Brick. O'Donnell: Let's vote on this. Lehman: Roll call. Motion carries. O'Donnell: Congratulations. Lehman: Let's stop and think about that- that really is neat. I mean, for the number of folks in this community who cared enough to go out and obviously this is a project that has just started- I mean, I think from a lot of people's perspective perhaps it was a deadline and they met the deadline and the battle was won but the battle has just started. So we wish you the very, very best. Except for money, whatever we can do to help, feel free to ask! Richard Summerwell: Think big Ernie ! This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #7 Page 2 1 Lehman: Thanks Richard and group. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #8 Page 22 ITEM NO. 8 PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CITY OF IOWA CITY CABLE TV DIVISION OFFICES PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. a. PUBLIC HEARING Lehman: This is a public hearing. The public hearing is open. Thompson: Hi, I am Greg Thompson. I had a letter in your packet from this meeting and I wanted to point out to you that contrary to what my letter says, PATV is located at 623 S. Dubuque St., not Gilbert Street, as Rene just pointed out to me. I do know where it is at, I have been there quite a bit the last two years. My term on the board just finished but the new board has not chosen the new chair yet. So I wanted to come down to address some concerns I had about the pass through funds that have been proposed- that approximately $125,000 pass through funds joint facility money would be used for the City Channel space in the new parking ramp. And throughout my three years on the board it was always understood that it was to be for a joint facility between PATV and the City Channel. So I just wanted to urge you now that I understand that they are requesting all of it that is currently accumulated in the fund to go towards their purchasing this space. And the ICTC I believe, the Telecommunications Commission, has recommended that PATV would accumulate or receive what accumulates from this point on for the remaining years of the franchise. I think that money you get at the end of the franchise doesn't do you as much good since we don't really know what it going to happen with PATV after the current franchise operant expires. So I just wanted to urge you as you decide how these funds will be dispersed to keep in mind that the original intent was that they were to be shared. PATV is currently paying about $1200 a month in rent whereas we used to have a space in the library for free. That and the costs of entering the digital video age have been a big strain on the budget. So I just hope to urge you to remember PATV when you disperse these funds. Thank you. Lehman: Thank you. Other public discussion? The public hearing is closed. b. CONSIDER A RESOLUTION APPROVING Lehman: Do we have a resolution? Vanderhoef: So moved. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #8 Page 23 O'Donnell: Second. Lehman: Moved by Vanderhoef, seconded by O'Donnell. Discussion? Kanner: I have some concern also about the pass through funds. I was looking at the Telecommunication Commission minutes from October 23 that we got tonight at my request from yesterday. And there is a summary of discussion. It looks like this here, it is a two page piece. And there is a report by Dale Helling, our assistant City Manager, and then there is some discussion by the Commission and staff people. And we had one comment saying- we had one comment from a commissioner at the bottom (can't hear) saying that it appears that she would feel comfortable with giving the money for the new government channel facility. But then we have up above that a comment from Smith- I am not sure if that is a Commission member- saying he has a concem that the pass through funds dedicated to a new facility have been said to be for PATV as well and there may be a perception that the City is taking all the funds. I was wondering, is there a possibility of- there is $125,000- if we split that and said that the Commission would decide what to do with that other $60,000 and we would fund the deficit of $60,000 with a bond that we could pay back by future pass through funds which we would accumulate in two to three years at the rate of $25,000 per year? Either one of you folks-. Helling: I think the allocation of the funds is sort of up to the Commission and ultimately to the City Council. So any of those things are possible. Certainly the project that we are talking about, I think while the $125,000 we are talking about from the pass through fund is only less than 20% of the total cost of the project, it still is a significant amount. It would be possible I think- if you are going to do that I would ask that you at least agree- first of all, ask the commission what they would recommend. But at least agree that $125,000 of the total could come to the project. If that were the case perhaps what it not funded of that $125,000 now with the reserve that we have could be done probably on an intemal loan basis and then paid back with the future revenue of that $25,000 a year set aside. Just so that the main thing is that we can fund at least that portion with the $125,000 out of the total pass through money over the ten years. Vanderhoef: But we have to remember that if we do fund from intemal loans we still pay back those with interest. So with that interest the buying power of the pass through funds decreases. So I am sort of reluctant to look at it in that respect because the buying power- it is a lot of money when we are buying something new like this space but for the needs of all of the TV' s, whether it be government or PATV, their need it not to eat up their dollars with interest. That would be my thought on that. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #8 Page 24 Pfab: And one time I was under the impression that these were going to be a combination unit. In other words, they would work together and share a space. Where did that disappear to? Helling: That was the original concept for this set aside. A couple of years ago we looked at a property jointly with PATV and we tried to sort out how it would meet our needs and considering the cost and what we would need to renovate and so forth and I think two things came of that. Number one- it was clear that a property of that size we were looking for, about 4000 square feet, was not sufficient to meet everybody' s needs. And number two- that the cost of a facility to meet all of those needs would be considerably more than the total resources we had. And certainly the 250,000 total would only fund a very small percentage of the total cost necessary to buy that kind of facility. So based on that- and I think everybody has understood that we have been looking for space to house the Cable TV division, Community programming, and we kind of looked at a number of spaces but this is the first one that really met our needs in terms of having enough space for the Cable TV division including the community programmer, good access to the senior center, especially with the walkway that will there so that SCTV folks can also share in that. And we are also only about a block and half from the library. So in terms of a joint facility I think we have taken in a lot of things but we didn't have sufficient space for PATV as well, nor does the funding that we have available allow us to do that. So given all of that I think that that joint facility concept, at least for the time being and certainly for the life of this franchise, is probably no longer realistic. Pfab: It is my concept that it looks like PATV is gradually just being- their sustenance is gradually being taken away from them? Helling: No, we have a contract with PATV for a specific amount of money other than the funds that we are talking about and we have had a contract with them for almost 10 years. And those funds are spelled out. So we have continually- Pfab: Getting the same percentage, is that what it is? Helling: It was an amount and it is increased by a cost of living factor tied to the consumer price index on an annual basis. Pfab: How does that compare to the percentage of the pie so to speak? As the funds are generated by the fees from the cable people- are they still getting relatively the same percentage of those total funds? This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #8 Page 25 Helling: I haven't done an analysis of that. If you are asking if that is roughly the same increase that we are seeing in the franchise fee-? Pfab: Right. Helling: The franchise fee is based on subscribership- a percent of total revenues from the cable company. I suspect that the- although if you want this we will go back and calculate it- Pfab: I would sure like to- Helling: I would suspect that the percentage increase and the franchise fee is probably more than the CPI or has been at least in some years. I am not sure that is the case in all of the years. Lehman: Correct me if I am wrong Irvin- I think the question is, is PATV still receiving approximately the same piece of the pie as they have in the past? Helling: If it is percentage of total revenues to the whole cable operation- I can't tell you that. But I can tell you that the amount that was agreed upon when PATV went into operation has been increased each year by the escalation factor that was factored in the beginning. Pfab: But also their circumstances have changed because they had a rent free facility for a number of years. Right? So their situation has changed drastically and the funds to support them have basically just kind of (can't hear) but the expenses have gone way up for them. Helling: I can't tell you exactly what their expenses have done but, yes, they have to pay rent now where they didn't have to for awhile. There was (can't hear) trade off at the library where they were housed in the library and they did some production for the library. Lehman: That is correct. Pfab: Is that something that we can find more information out- if you don't have those numbers at your fingertips? Helling: We are preparing a response to the memorandum that you received both from Rene and from Greg. However, I would ask that you not tie that to this particular project unless you are telling us that you want a joint facility and nothing else or that you don't want to allocate any of those funds for this purpose. If you are telling us that- Pfab: If we approve it this way does that- is the negotiation over? This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #8 Page 26 Champion: No. Helling: If you approve it this way I am assuming that means that in some fashion the other half of that $250,000 would still be available for allocation sometime in the future. Pfab: But I mean at the present time? It takes that money off the table, is that right? (Can't hear). Helling: It take off $125,000 of the $250,000 from the pass through that would be set aside over the full ten year period. Pfab: So their position is jeopardized or put aside to- they are at a disadvantage over the other operation? Vanderhoef: But these dollars, Irvin, were set aside for facilities, as I understand it, not for operating costs. And I think what you are trying to tie this together is with operating costs that they have incurred now because they don't have a rent free situation. But these dollars weren't for operating costs anyway. Pfab: Right, but if you find a place for them the operating costs would go down considerably. It would give their budget a heck of a boost if they had a place to go. You see? So in essence it is for facilities. Kanner: Dee? I think my concern- first off, I think that the majority here will vote to give this space to the City Channel- the new City Channel. The concern is that if we don't give an indication that we would like to give some more thought to that half of that $125,000 that has been accumulated, that that is not quite fair. Especially since we have a memo from Dale from June 5, 1998 that outlines the City position of $25,000 a year being reserved for partial funding of a proposed joint programming facility which would provide space for the City Cable Division and the Public Access Center. So, even though it is not a written contract I think there is an assumption that there will be some money for space from this pass through fund. And I think it is half of that $125,000, especially, that we should- first step would be maybe to throw it back to the commission because I don't think we had a clear voice from them in a formal vote recommending or not recommending what to do with this $125,000. I think it is only fair that we have some further discussion with the commission involved in that discussion. And PATV and the City Channel and other players involved. Vanderhoef: Dale, correct me if I am wrong, I understood this fund was set aside for purchase of and not for operating? This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #8 Page 27 Helling: That is correct. We assumed at the time and our hope was, just like it was our hope that we could find a joint facility that everybody could be housed in, we assumed that it would be for the purchase of a facility somehow placed in equity so that it would be available as we are talking about now. That is one of the reasons why we want to purchase this space because the City will hold that in equity. And we wanted to do that rather than lease space. And obviously this is part of it. I have no problem obviously with looking at how the other half of that money will be expended either now or later. I think that is in the purview of the Commission and the Council. My concern is that we don't delay this project until those decisions are made. And perhaps our response to the memoranda that you received from Rene Paine and from Greg Thompson will help you and help the Commission in that discussion. Vanderhoef: What I see in this thing is that this is an opportunity right now. There is a space that meets the needs of City Government TV. So, this is the time to spend the dollars. And I would say I would consider if PATV puts together a package to buy a space and it comes out before the full ten years and the full share for them is available, that then we could think about borrowing whatever was needed to pay them in front. But put together a package at least for purchasing of a space and we will work with you at that time. But I don't think we can pass up this opportunity at this time. Lehman: Other discussion? Pfab: I believe- not pass up the opportunity, but I think whether we are going to allocate all those funds to that when they were really basically promised to be a portion to the PATV also. Vanderhoef: But what I am saying, Irvin, is that if we allocated all of them fight now to this opportunity and we think about it, if they come and need those funds for purchase of a property before the end of the ten years and their accumulation of the pass through money, then that is when we would look at borrowing from in house whatever we needed to make up their $125,000 at that time. But they haven't put together any kind of project yet for purchase. And I do not see this money ever to be used for operating. I see it for a permanent facility. Pfab: But will the funds be split at the time with interest- will they get interest- Vanderhoef: What I am trying to say is we will save interest. We won't be paying any interest on this at this point for our project. And when they get ready to do theirs if it happens before the end of the ten year lease, then we can look This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #8 Page 28 about borrowing at that time so that there would be a whole lot less interest and more money for the projects. Pfab: So you are saying that you are willing to go along to preserve their percentage of the equity that is there? That will go to them- Vanderhoef: That is in the contract. Pfab: Everybody agree to that? Helling: This has no effect whatsoever on the contract with PATV. Pfab: But what about the $250,000- Vanderhoef: The pass through dollars. Pfab: Yeah, what about these dollars that are going to go for this? They were supposed to be a joint. Now they are out in the cold. Vanderhoef: No they are not. Champion: No they are not. That is not what Dee is saying at all. Helling: We are proposing to use- over ten years that would bring in- that would be $250,000. We are proposing to use $125,000, which we came up with that figure because that is the amount we have accumulated to date. Pfab: Okay, but at the same time- how much is their rent going to be over that period of time because they don't have a home? Vanderhoef: That is not a capital project. That is operating. Pfab: But you are taking the funds that was their portion, as I understand it- maybe I am wrong. You are taking their portion and using it for the other facilities and so those funds are disappearing and they never get (can't hear). Champion: No, they are not disappearing. Vanderhoef: That is not true. Champion: That is not- what Dee is saying is that we are using the money that we have now to get an interest- to buy this facility interest free. If PATV comes to us with a plan with a possible purchase that then we would talk This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #8 Page 29 about borrowing their portion of the money. So we are not taking money away from them. Pfab: So that money is still in their account? It is being temporarily used for- Champion: It is going to- Vanderhoef: They will have the $125,000 at the end of the ten years. Kanner: I don't think there is a guarantee that they will have the $125,000 at the other five years by any means unless we put it in writing right now. Champion: There was no guarantee anyway. Kanner: I would like to hear perhaps from Greg since you spoke, or if anyone else wants to speak from PATV, if you do have plans for purchasing a building perhaps. And that there is something that could be negotiated with the future pass through funds. Thompson: I guess the one thing that strikes me about this is that two years ago when PATV was searching for a facility there was an active attempt then to involved the City Channel, the govemment channel, for a joint facility. Now it seems to me that the City Channel has sort of taken a separate course. We knew they were looking for a place in the parking ramp but the concept of taking the joint facility money solely for the City Channel came as a disappointing surprise and a shock to the staff and the board of PATV. My observation is that there really seems to be a lack of cooperation or a lack of inclusiveness where perhaps they should have come to PATV and said "we would like to use this for our purposes", but such a discussion never happened. I think there seems to be some kind of a lack of cooperation there. Pfab: Is my concern valid or am I wrong here? Thompson: I understand the facility money is meant for purchase of a facility. You would not like to see it go for rent- when it is gone. I understand that concern. The rent is paid out of PATV's money and there is approximately $168,000 a year that comes to PATV from AT&T through the city. So the rent is paid out of that. If you are wondering about that. And that goes up maybe $1000-2000 each year. A few years ago it was like $162,000 and now it is close to $170,000 1 believe. Pfab: At this point we don't know if the percentage of the pie that previously went to PATV is still going to them? We don't know that right? This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #8 Page 30 Lehman: No, but we do have a contract that we know we honoring the contract as it was written. Pfab: Are we honoring the contract if we take the half that- or the money that was supposed to help them purchase facility and use it for something else and say you are on your own? Lehman: I doubt that that is part of the contract. Pfab: This is the- in simple form this what it looks like is appearing to me. I don't know if that is right. Helling: The pass through money is 50 cents per subscriber per month and it was agreed at the time that it was initiated with the renewal of the franchise agreement to set aside $25,000 a year that hopefully would help fund a joint facility. At that time we felt that that would be sufficient and that probably we could do something with that in terms of a joint facility. What we learned is that that is not sufficient and even with the other money that we have that I have outlined to put in this project it doesn't come from the pass through that is basically franchise fee money and money that we receive from TCI when we renewed the franchise agreement. All that together, it certainly doesn't appear would be sufficient to fund a joint facility based on the needs that we identified when we were working with PATV a couple of years ago and were looking to try to see if we could make that work. That is the time when we decided that because of the space constraints and so forth upstairs where the cable division is that we need to be looking for space independently. And I think that has been known by everybody for quite some time. That we have been exploring that. Pfab: I am not opposed to separating it if that is the only thing that you can do but I am opposed to seeing the percentage of the funds that were supposedly set aside for PATV, being just gobbled up and shifted over to the other. Champion: They weren't set aside for PATV. They were set aside for a facility. Pfab: But they are out in the cold. They are not invited into this facility. Helling: That is correct. This will not be a joint facility. That is correct. Pfab: They are out in the cold. Lehman: Rene you have a few words to add to this? This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #8 Page 31 Paine: Could I make just a quick comment? I am Rene Paine, Director of Public Access Television. I guess I would like the council to just consider the intent of the pass through fees. They are primarily for the viewer. And the idea was that part of the pass through money would be set aside for a joint facility and this is to accommodate the viewers and the people of Iowa City to make access more dynamic and cohesive. And I think that- I understand that the City Cable division needs to move out of their space but the idea for the money was a joint, you know, combined unified vision for access so that it was more understandable and we could do more with shared resources. And I am just a little bit disappointed that this money now is going towards one of the entities and not- it is not following that vision that was originally intended for the viewer actually. And I just hope that people keep that in mind. And what I would really encourage the council to do is send this back to the commission because as Steven pointed out, there was no definite resolution by the commission or recommendation by the commission as far as I can tell from the minutes. That they- they are the ones who recommend decisions about the pass through money to the council with input from the other access entities. And I would encourage the council to send it back to the commission and have input from the other access groups saying what is this vision? If we want to use some of that money for a facility for the City Cable division that is fine but can we revisit it and figure out what would be a fair way that we could all share in it? And the City Cable division could have maybe some of it but the others could also realize some of it also? Lehman: Rene, the commission is aware of this recommendation- is that correct? Paine: Betty? Are you as the chair of the commission aware of the recommendation by the commission to the council to go ahead and dedicate that $125,000 to this project? Lehman: Betty you need to speak in the microphone if you do please. McKray: I am Betty McKray and I am the Chair of the Cable Commission for the City. As I recall, the October meeting we were reviewing the discussion of the total plan of the city. We did not zero in and discuss the disposition of the accumulated funds. They were listed as one of the possible sources of funds. But we were not asked to make a recommendation about the dispersal and use of those funds. We would be glad to consider it and make a recommendation if that is the wish of the council. Lehman: Okay, what does Council wish to do? I think we are getting nowhere on this. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #8 Page 32 Pfab: If the commission is supposed to make the recommendation and they haven't I think that for the funding part that should go back to the commission. I understand that that won't stop the other project from going forward, is that correct? Lehman: I am not sure that is true at all. Kanner: -for an amendment along those lines, Ernie, that we agree with the proposed funding is outlined in Dale's memo except that $62,500, one half of the accumulated pass through funds- that amount will be reviewed at our January 16 meeting after recommendation from the Telecommunications Commission. Lehman: We have an amendment, is there a second? Pfab: I would second that. Lehman: Moved by Kanner, seconded by Pfab. Discussion of the amendment that, in effect, cuts in half the amount of money that would have been allocated to this project? Discussion? Kanner: No, not in half. Lehman: It does too- from $125,000 to $62,500. That is half. Kanner: The total amount of the project is $710,000. Lehman: The amount of money we are talking about is $125,000. And you say- Kanner: I am saying if the proposed amount of $710,000 be accepted when we vote for this approving a plan for the construction of the City Cable offices- but that $62,500 of that, which is one half of the pass through funds, be the source of those funds be decided on at our January 16 meeting. Lehman: Okay. Other- I am sorry. Go ahead Eleanor. Dilkes: I am not clear here as to whether this project can proceed without the funding as Dale has outlined. And the amendment to- we are talking about a financing amendment to a resolution approving plans and specs. And I am not sure those two are jiving. So, Dale and Steve- I think unless this project can proceed with the change in the understanding about funding, then we cannot proceed with the resolution. Helling: I just need some clarification. You are proposing to allocate now in cash $62,500? This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #8 Page 33 Lehman: That is the amendment. Helling: The amendment, correct. Would there be another $62,500 plus interest from the income to come in the next five years that could apply to that so that we could do an internal loan so that we have our $125,0007 Pfab: I don't have a problem with that. Helling: That is my question. Kanner: The proposal that I am making is that we will fund the entire amount that you are proposing but that of that amount $62,500- we will make a decision of where that money will be coming from at our January 16 meeting- Wilburn: After the recommendation from the commission? Kanner: Yes. And we can decide at that time that we want to use some other source of funding or to use that funding that comes from the pass through funds. Lehman: Eleanor? Dilkes: I don't believe it is an amendment to the resolution approving plans and specs. I think what it is is a direction to staff to examine a way of funding this project other than using the entire lump- the entire $125,000 of pass through funds. Atkins: Emie, I think Eleanor is fight. Lehman: Eleanor is exactly fight. Discussion relative to what the split is and whatever is irrelevant to what we are talking about. These are plans and specifications. Dilkes: As long as with that hanging out there about the specific funding, that doesn't change the ability to proceed with the project you can proceed with this resolution. Pfab: That was my point. I think from what I can gather, this Council does not have the approval to put all of that in because that approval of that split of that fund should go to the Telecommunications Commission, which has not made a ruling on that. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #8 Page 34 Helling: First of all, the money was not- has not been marked for anything. Okay? What we are suggesting is that that- Pfab: Joint facilities. Helling: But it has not been- it was set aside with that concept in mind. It has not specifically been allocated for that purpose by anyone. Pfab: If you don't then you void the spirit of the way it was set up. Right? Lehman: Again, we are talking about the plans and specifications. When the time comes- if we- we are going out for bids. Is that what we are trying to do? When the bids come in that is the time we are going to discuss whether we are going to fund that by using the pass through funds in the totality of $125,000- any portion of that- or borrow or however we choose to do it. The decision now is whether or not we want to go out with plans and specifications for- and I guess the real question here is- is this- are we going to approve a separate facility? That is what we are asking for. We are going to fund a facility for the Govemment Channel. Helling: And Mike just reminded me that the Commission will not meet- they don't have another regular meeting scheduled until the fourth Monday in January. We are proposing that we take bids on I believe January 15 or 16 and award this contract. Pfab: But in the meantime the staff and other people involved should try to figure out some kind of a resolution. I have no problem with that. And not to say "well, we got the bid here- now what are we going to do?" (can't hear). Helling: I think if- Pfab: If the bid comes I want something to discuss before that. Helling: I think we have to be committed to fund this project or we don't go out to bid. Pfab: Right, but not from the $62,500 portion of that. Dilkes: Mr. Mayor, I think you can go ahead and vote on the motion that is on the floor. Lehman: We have an amendment to that. Dilkes: Or motion to amend which is on the floor. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #8 Page 35 Lehman: Let's vote on the amendment which would be to divide the funding in half. All those in favor of the amendment as presented say "aye". Kanner: Not the funding in half. The funding is to stay the same. Lehman: The funding from the pass through- half of it for the Government Channel and the other half being reserved for-. Kanner: That is not the amendment Ernie. The amendment is that the proposed funding will stay the same as outlined in Dale' s memo and that the council will consider after recommendation from the Telecommunications Committee where $62,500 of that total $710,000 will come from. Champion: Can I just clarify something? The motion doesn't say anything about how it is going to be paid for. The original motion. So I don't think you can make an amendment to it. The motion- the memo is what talks about the money. I agree with you. We need to look into how it is going to be financed. But I think you should withdraw your motion because it is irrelevant to the motion that is on the floor. Your amendment I mean. What did you call it? Lehman: Amendment. Champion: Your amendment is irrelevant to the motion. The motion has nothing to do with financing. Kanner: Two things Connie. I would be willing to do that if we took a straw poll to see where people came down on it. And the second thing is I think the reality is that when projects are brought before us we have an informal sense of where the funding will come from. And those things become the status quo. And so I think if we approve something that becomes what happens and it is very hard to change that course. So if there is a straw poll that says we would be willing to discuss the $62,500 at the first meeting after the Telecommunications Commission considers that, I would withdraw the amendment. Champion: I am willing to say I am willing to discuss the financing. That is what I am willing to say. Kanner: At a formal meeting that we bring it up as (can't hear) Champion: At a work session. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #8 Page 36 Lehman: Excuse me for just a moment. But Dale, isn't the financing of this going to have to be discussed anyway when the bid comes in? Helling: We are hoping the bid will come in within the $710,000 that we have outlined. So, we would assume that the financing is in place as long as we don't have to look beyond that $710,000. But in terms of this issue you can- Lehman: (can't hear) what we are voting on. Vanderhoef: We are voting on plans and specifications. Champion: We are voting Steven's amendment now. Vanderhoef: I agree with Conhie. Pfab: But implied in that is that is where the funds are coming from. Atkins: Emie? Lehman: Please. Atkins: Okay. This is a public heating on plans and specs- Lehman: Right, but we have an amendment that I am trying to deal with. Atkins: Can I finish and then you can tell me that I don't know what I am talking about? Lehman: Please. I wouldn't know. Atkins: Let me just try this. Plans and specs, form of contract, and estimate of cost. That is what you are voting on tonight, which is an authorization by you to tell Dale to go out and bid this project. Bid it. That is all you have done. You have said this is okay to go to bid. Lehman: All right, how do I handle the amendment? Atkins: I am not there yet. We go out to bid and we will then know exactly what the cost is going to be for this project because you will make your decision based upon the estimate of cost and what the actual bid is. At the time you award that contract for that bid, you have in effect obligated the city. It is at that point that you would look to Dale and I to say monies are in place to pay this bill. Are we okay so far? This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #8 Page 37 Lehman: You will have an answer (can't hear). Atkins: Of the monies that are estimated as a budget to be in place is $125,000 of pass through funds. You need the full amount to cover the cost estimate for this project. It has been proposed that half of that $125,000 or $62,500 possibly come from some other source. Wilburn: That is the amendment. Atkins: Right. The way I understand this is you may vote this up, go to bid- you could actually even award the bid, but provide us direction that the budget needs to be amended in some fashion. That is a majority of you. It could be 62, it could be almost any number you want, but we have to come up with the full amount to cover the cost of the bid. That discussion is to occur at another meeting. That is what I understood Steven was proposing. Lehman: Okay. We are going to vote on it. Pfab: I have one other comment. In the meantime we are going to work on where the funds are coming from fight? Lehman: We will see if the amendment passes. Atkins: Betty and the Commission will have to discuss that matter. Dale will provide staff that particular issue. But the bottom line is you will have to vote on that budget. That these are the sources- and you may as a majority say we are going to go with the full $125,000. We are going to go with the $62,000- or some combination. We can provide that information. Pfab: But in other words we will get started on it? Atkins: My understanding is we would like to get this project underway, off your agenda, out to bid and back to you. And when it comes back to you, you have the ability to obligate the city. You also have the ability to change that budget at any time you want. In this case- are we okay? Lehman: We are going to vote on the amendment. Dilkes: So with that understanding, is the motion withdrawn? Kanner: No, I would like- Dilkes: Because I don't think- I think technically it is not germane. The resolution approving plans and specs. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #8 Page 38 Lehman: All in favor of the amendment say "aye". All opposed say "aye". The amendment is defeated. Karr: Is that 2 to 57 Lehman: It is 3 to 4. Ross, Kanner and Pfab voting in the affirmative. Atkins: With that vote, we are now going to proceed- Lehman: On the plans, specifications that we started on. Atkins: We are going to go out to bid- Dilkes: Not yet. We haven't voted on that yet. Atkins: If they pass it. It will then come back to you- Lehman: And we can decide on finance. Atkins: -and you will award the contract right now under the current funding. You didn't change anything on a 4-3 vote. Lehman: Let's do a- I am sorry-. Wilbum: I will go ahead and support this because I want to see- I want discussions about joint facilities (can't hear). But I think the opportunity to have the location proximity to the Senior Center TV, I think that is something that is appealing to me. If your experience was not a cooperative one from your point of view, that is unfortunate and I apologize. I will support this and be willing to hear what the finances are later. Champion: I am going to support it too but I personally- I think it would have been nice to have a big joint facility but I would think that PATV would not want to be- I think they would like being in your own place. I am interested in (can't hear). Pfab: It is just the fact that they have to give up the joint facility and end up with a lot more purchase of equipment because you can't use the same facility for different people. All I am concerned is that PATV doesn't get treated like a sitcom and get kicked out after the agreement was there was going to be a joint facility. So, with that, I have no more to say. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #8 Page 39 Lehman: I would like to give everybody an opportunity to support or not support this with a roll call. After all of that- all of that- it passes. Thank you, we are going to take a break. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #9 Page 40 ITEM NO. 9 PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HIGHWAY 6 CORRIDOR IMPROVEMENTS PROJECT, STP-U- 3715(615)--70-52, AND DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS. b. CONSIDER A RESOLUTION APPROVING Lehman: Do we have a resolution? O'Donnell: So moved. Wilbum: Second. Lehman: Moved by O'Donnell, seconded by Wilbum. Discussion? Vanderhoef: Yes. I had asked last night about this project and whether we are in two phases or three phases? Fosse: We are in at least two phases. Did you all get your visual aid today? All: Yes. Fosse: Okay. Kanner: Show that again. What are we looking for? Fosse: It is an 11.5 x 17 sheet and it has got some yellow and red lines on it. what is represented here in yellow is the storm sewer component of the work. And that is what the project is in front of you tonight. It is the storm sewer only. We will follow up next year with a trail and perhaps some landscaping that will go from (can't hear) Corridor trail east past Broadway and tie into the sidewalk on Hollywood. And depending on how things go we may be able to extend it all the way to Sycamore Street. But there are some real challenges physically in that stretch. And then subsequent to that we are in some discussions with the Department of Transportation about the roadway itself. And we may work with them to (changed tapes) overlay or diamond grinding such as on the agenda tonight along Rochester Avenue all the way up to like a full urbanization of that corridor which would include curbs, gutters and filling in that depressed median in the middle. Or it could come down at any point in between. That is a very expensive project. And as I said, we are just now discussing it with the DOT and how to proceed from here and who would share in the costs of that. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #9 Page 4 1 Vanderhoef: So you are thinking about that in terms of going from Hollywood Boulevard all the way to Scott? Fosse: That could go from Riverside Drive all the way to Scott. That would be the largest extent that we would expect to occur. Vanderhoef: But the second or third phase- whichever you want to call it- the trail would be the second phase? Fosse: Yes, the trail would be the second phase. Vanderhoef: From the river to Hollywood? Fosse: Uh-huh. Vanderhoef: And then the third phase would be what we can work out with the DOT? Fosse: Right. Let me revise the eastern limit of that. It will probably be Lakeside at the end of the divided four lanes. It wouldn't go all the way to Scott. Vanderhoef: Maybe it is time to talk about going four lanes to Scott. Fosse: Yes, that is starting to be talked about as well. Vanderhoef: That I would really appreciate and I think it is one of the forward looking kind of things that we ought to be talking to them about now. Fosse: The DOT has expressed some interest in partnering with us on that project in a similar manner that is on the agenda tonight for the Dodge Street corridor up in the noah end of town. Pfab: I would follow up on Dee's question. By doing this is this helping if you go to four lanes all the way to Scott or is this an intermediate thing that is just going to waste funds to do it? Fosse: The project in front of you tonight is the storm sewer component that goes from the river to Broadway. And that project can stand on its own forever or it can serve as a storm sewer that would support the urbanization of corridor as well. So it is a step that would have to occur before we urbanize the corridor. Pfab: So it is not money that would be wasted if you went into a more elaborate plan? Fosse: That is correct. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #9 Page 42 Pfab: Okay, fine. Fosse: There is no throw away cost here. Lehman: Other discussion? Atkins: Emie? Lehman: Yes? Atkins: Rick, could you-just for the public consumption- describe the project? What they are likely to see when it is finished, what is there now, what they are going to see when it is finished? Fosse: Sure. Along the south side of the corridor in there all the way from the river to Broadway Street there is an open ditch. And it carries a tremendous amount of water when it is raining. And not only water from south of Highway 6 but it carries water from north of Highway 6 and it crosses over in a couple of places. And we will be putting in a combination of two storm sewer systems- which is cheaper than one big one. And that is going to allow us to enclose that ditch and then put grass in there and provide an opportunity to put the trail over it later and perhaps complete some landscaping on that side that would compliment the landscaping that Project Green did 30-some years ago on the north side. Pfab: Does that allow laying any other facilities that- communications, water mains or anything else? Fosse: There is already a water main and fiber optics in that corridor and we will be crossing some sanitary sewers. Some of the fiber optics have already been relocated in anticipation of this work. Pfab: So as far as any other future needs they have been looked at and taken care oF?. Fosse: Yes. Pfab: Okay. Kanner: I don't know if you are the person to answer this or perhaps Steve. How does this fit in with the proposal by the owners of the shopping mall where Kmart is? To cross there- and also the proposal perhaps from the Broadway Improvement Group to have a crossing across Highway 67 Right now it is looking like some sort of stoplight or some sort of walk. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #9 Page 43 Fosse: This is compatible with that. The storm sewer is sized for that to occur and it will also be built to a strength that you could put a road over it at that location. Kanner: Are we paying extra because of that or is the owner of that property paying at all for that? Because there was talk that they would bear the cost of that drive into the whole lot. Fosse: No, there is no additional cost because as it works out the class III reinforced concrete pipe that is used elsewhere is adequate to carry the wheel loads in there. So we are not going into any extraordinary expense to accommodate that future use. Pfab: So basically you are saying any- it is strong enough that there could be a driveway any place along the line because the pipe itself is strong enough? Fosse: Correct. Pfab: Okay. Lehman: Thank you Rick. Any other discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #10 Page 44 ITEM NO. 10 THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE COURT HILL TRUNK SANITARY SEWER PROJECT. b. CONSIDER A RESOLUTION DECLARING Lehman: Do we have a motion? O'Donnell: So moved. Pfab: Second. Lehman: Moved by O'Donnell, seconded by Pfab. Discussion? Vanderhoef: I would like to know whether we are buying fight away large enough for the trail that follows this sewer line? Fosse: No, we are not. We have had a pre-design for this meeting for this project with the neighborhood and we discussed the possibility of putting the trail over the sewer route and there was not good support for that in the neighborhood. So we worked with the Planning Department on the trail routes and there are alternatives along the street through that area. As part of this project we would probably take the trail south across the creek at the end of Beech Street and then along the creek to Scott Boulevard. So a component of the trail will be built with this project but not over its entire length. Just the eastern portion. Pfab: But to answer Dee's question- that was obviously researched and the decision was made to do that? Fosse: Right. There was really no interest amongst the neighborhood of seeing that happen in there. Atkins: Rick, why don't you take, again, a minute- pre-design process is something that Rick undertakes in meeting with the neighbors before we bring these projects to you. Fosse: Sure. What we do is we contact all the property owners along there. We usually get together at a school in the neighborhood and talk about why the project is being proposed, what our goals are out of it, and we listen to what their goals are and what they would like to see out of the project and what their concerns are. And we also take that opportunity to share kind of what to expect during construction. Because that can be quite a shock as well. And for this particular project we had good turn out even though This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #10 Page 45 it was kind of a nasty evening. We had good turn out and a lot of good input. Lehman: Thank you. Other discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #12 Page 46 ITEM NO. 12 CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA AVENUE STREETSCAPE PHASE II PROJECT. VANDERHOEF LEAVES ROOM DUE TO CONFLICT OF INTEREST. Lehman: Dee Vanderhoefhas a conflict. Dilkes: Yeah, it needs to be stated. Lehman: She is leaving. It isn't that we don't like her. Vanderho ef: I have a conflict of interest and I will be leaving. Lehman: Thank you. (Reads Item 12). We have received three bids. We have a memorandum recommending that we accept the bid from All-American Concrete. I would like a motion to that effect and then I would like Rick to explain to us why that recommendation is there. Do we have a motion? Pfab: So moved. Champion: Second. Lehman: Moved by Pfab, seconded by Champion. Rick, would you please explain this? Fosse: Sure. As you see, we have got three bids here. The lowest bid, based on the information that they submitted with the bid, is proposing to sub out about 60% of the work that will occur. A condition of the award of this contract is that the prime contractor perform at least 50% of the work themselves. That is standard in most of our contracts. And it is standard in most DOT contracts as well. The reason that is so important, particularly on this project, is that most of the problems that occur during construction are coordination problems and administration problems that occur between subcontractors and the (can't hear). And we think that is particularly important here so we would recommend award to the next low bidder that does meet that requirement. Pfab: I would make a comment. I certainly have watched the All-American Concrete people do their work and I think it is really great to watch the kind of work they do and the workmanship. I have always been pleased and have checked a lot of times- walking around when they were doing their work- this is great work. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #12 Page 47 Fosse: We continue to get good feedback on their work. Lehman: All right. Be that as it may, Peterson may do just as good of work. But Eleanor, I think we need to know on a legal basis that this has nothing to do with the award. Dilkes: Yeah, I think that needs to be clear there. The award is not being made because we have been happy with All-American's work in the past. As I think you know, the state law requires that the award be made to the lowest responsible bidder. Peterson Contractors did not meet the specifications. This particular specification, I think, is particularly tied to responsibility. So I think Rick's recommendation is sound. Pfab: I didn't mean that as a (can't hear). Dilkes: I know you didn't Irvin. I just wanted to clarify for the record. Pfab: That was just a public comment- anyway-. Kanner: Rick, before you go could you spell out what the improvements are going to be in Phase II on the Iowa Avenue Streetscape? Fosse: Sure. It will include removing virtually all of the pavement and sidewalks from building face to building face in the 200 block which is the middle block of that corridor. It will go back as concrete pavement. There will be a wider sidewalk then currently exists. And there will be streetscape improvements in the 100 block. That is the block adjacent to the Pentacrest. The paving is going to be decorative brick. Pfab: It is going to be what? Fosse: Decorative brick. The sidewalks will also be wider. Pfab: I just didn't hear what you said. Fosse: (Can't hear) streetscape improvements. Lehman: Other discussion? Kanner: And benches- is that part of it? Fosse: Yes. Kanner: Or is that a separate- This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #12 Page 48 Fosse: There will be benches, bike racks, lighting, and trees. The whole works. Kanner: To match the rest of the scheme throughout? The downtown area. Fosse: Right. The concept will be virtually identical to what is already started in the 300 block that you approved the construction of this summer. Pfab: But nothing with a little red roof?. Fosse: No. Lehman: This is really a project that is done in cooperation with the University of Iowa, too, when it came to design and whatever. And they are also helping to fund this. Fosse: Correct. Lehman: Other discussion? Fosse: I want to follow up on Irvin's question. There are no kiosks here but there are some posting pillars. Pfab: As long as they are not kiosks because they just didn't quite make the grade. Kanner: And there is still going to be some buildings that there will be steps that people will have to get into? I am trying to think in that block, are there numerous steps? Fosse: That is right. There is the Bruegger's. There will still be some steps going in there. Dolcenia has got a back door that has got steps going up. We are unable to adjust the street grade enough to accommodate matching the thresholds. But in the 100 block- are we getting them all Kim? Or just about all? Just about all of the doors will be accessible. ADA accessible. Kanner: Thank you. Lehman: Other discussion? Roll call. Motion carries, 6-0, with Vanderhoef abstaining. VANDERHOEF RETURNS. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #14 Page 49 ITEM NO. 14 CONSIDER A RESOLUTION REJECTING BIDS RECEIVED ON SEPTEMBER 15, 2000 FOR THE TRANSIT INTERCHANGE PROJECT, PHASE lI. Lehman: The engineer's estimate was $120,000. Out of 5 or 6 bids the low one was $171,000, which is significantly greater than our estimate. So the resolution is one to reject. Pfab: I move the resolution. Lehman: Moved by Pfab. Champion: Second. Lehman: Seconded by Champion to reject the bids. Discussion? Wilbum: Mr. Mayor, we do have a gentleman from one of the engineering companies here tonight. He had asked me about discussion about this last night and I see on my note here- I didn't have the note in front of me- the reason given last night for the rejection was that the bids were too high. If we can extend the time frame we can save some money. Is that fair? Atkins: Yes. Rick can answer specifically. Lehman: Did I miss something? Atkins: Last evening when I recommended the rejection it is with the understanding that we are going to re-bid it. Lehman: Oh, yes. Atkins: And rather than a 60 day construction period it will be probably more like 90 days or something there about. We still figure we can get it done promptly. Kanner: Will we have to close the Washington Street for traffic on one side or both? Atkins: What do you think? We will have to close it? Probably not. I would think not. I mean, there may be temporary closings but I thought most of that was accommodated at the time when the did all the (can't hear). Anything that had to be- I mean sewer and water and so forth. Kanner: And what is the rough estimate of the anticipated bid date? This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #14 Page 50 Atkins: You are making an engineer out of me yet, aren't ya? If we have it on the ninth- Karr: They are still working out the details for that. I don't know if it is going to be ready the ninth. It will be the ninth or the sixteenth. The ninth or the sixteenth it will be back, so we will be bidding probably February. Atkins: We will be bidding February, awarded in February. Karr: It may be mid to later February awarding. Dilkes: They are going to have to look at when the bidding will be best. Karr: That is why we didn't put it in the resolution. Dilkes: That is why it is not going back out to bid right away. Lehman: The weather can certainly have an effect. Atkins: (can't hear) gentleman's question. The intent is to go back out to bid. Wilbum: I apologize for the misinformation. Lehman: Roll call. Motion carries. The bids are rejected. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #15 Page 51 ITEM NO. 15 CONSIDER A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR THE NORTH PADS OF THE DOWNTOWN PEDESTRIAN MALL AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. Champion: Move the resolution. Vanderhoef: Second. Lehman: Moved by Champion, seconded by Vanderhoef. Discussion? This is part of the public art that will be placed in the downtown Ped Mall area. And this is being recommended by the Public Art Advisory Committee and staff and so forth. Discussion? Kanner: Yeah, I am going to be voting for this. We don't have commercial rights to the artwork. I am just wondering though, what happens if- let's say either the artist becomes tremendously famous or this becomes a great symbol for our city and everybody wants to buy little models and things- do we have to negotiate with the artist again to be able to sell replicas or t- shirts with its picture on there? What happens if that case comes true in ten years down the road? Dilkes: There is a provision in the contract that deals with that. But I am going to have to go back and look at that to answer that specific question. Lelunan: But it is addressed? Dilkes: Yes. There- I mean, do you want me to look at it now and answer the question? Lehman: No. Pfab: At this point you are comfortable that it is- Dilkes: We are allowed to little promotional things with pictures of the image and that kind of thing. But how far that right extends I would have to go back and look at it. Champion: We probably couldn't sell a model of it? Dilkes: I don't know that we can sell a model of it. Kanner: I assme we can't. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #15 Page 52 Vanderhoef: Pictures and promotions and pamphlets and so forth? Dilkes: That kind of thing. But mass scale production oft-shirts and models, I don't know. Vanderho ef: I think the wording was about commercial use of it. Pfab: But anything the city does would be commercial use of it. Vanderhoef: Replicas would be a commercial use. Kanner: That was pretty clear in there that we can use it for that. I am just saying if this becomes comparable to the LOVE symbol in New York- L-O-V-E- ~ think. Lehman: The St. Louis arch. Kanner: The arch. I don't know if that is quite comparable. Champion: What does Iowa City have? We have Ralston Creek. Kanner: So I guess we would have to negotiate with the artist if that ever- or their estate- if that is ever the case. Dilkes: Well, I- if you want me to answer that question I am going to have to go back and look at the contract and look at the copyright law and see what I think. So I am not going to answer it tonight. Unless you want me to spend the time looking at it. Lehman: I doubt- is that going to affect the way we are going to vote on this for anybody? Champion: No. Kanner: No. although I would like- I guess just in the future to see if there are ways that we can get more commercial rights to it in the contract. Pfab: Let me ask you this. Is this time critical? Could it be postponed for the next meeting? Kanner: No, I am going to vote for it. I am saying in future contracts it is something to look at to see if we can put that in and protect the future interests. Dilkes: We need to figure out what- I mean- This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #15 Page 53 Champion: We are just going to vote. Pfab: I think we are letting you off the hook. Lehman: Eleanor, we said that it isn't going to affect our vote. Dilkes: I would be happy to give you a memo on it if you want. But I think I am going to have to look it in more detail. Lehman: In the meantime, roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #16 Page 54 ITEM NO. 16 CONSIDER A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR STATE RECREATIONAL TRAILS FUNDS. Wilburn: Move adoption of the resolution. Vanderhoef: Second. Lehman: Moved by Wilburn, seconded by Vanderhoef. This is an application for funds for rehabilitation of trails. Rebuilding trails that we presently have- not for new trails. Vanderhoef: And these are in City Park, which are very old, very narrow and don't meet the guide that we have now for our standards for trails within our city. And this is an important link in our whole trail system- the Iowa River Trail System. So I would hope that we would receive funds. Pfab: Has the resolution been moved yet? Lehman: Yes. Further discussion? Roll call. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #17 Page 55 ITEM NO. 17 CONSIDER A RESOLUTION DECLARING AN OFFICIAL INTENT UNDER TREASURY REGULATION 1.150-2 TO ISSUE DEBT TO REIMBURSE THE CITY FOR CERTAIN ORIGINAL EXPENDITURES PAID IN CONNECTION WITH SPECIFIED PROJECTS. Lehman: This is relative to the airport and library expansions. Vanderhoef: Move adoption of the resolution. Lehman: Moved by Vanderhoef. Pfab: Second. Lehman: Seconded by Pfab. Discussion? Kanner: There has been talk by a couple of Council Members informally at different places about- or at least I have thought of this- about the airport being able to pay for more of their expense. Especially out of assumed profits from the North Commercial Development area. And I was wondering if there was any way that we can move some of this debt from us to the Airport Commission and future profits from their North Commercial Development? Lehman: I think that is a discussion that should be coming to us pretty soon when we get the contract for the Noah Airport Commercial. Atkins: And I think it is a question of policy. Lehman: It is a different issue than this. But it is something that I also have interest in discussing. Pfab: I have a question. I was at an Airport Commission meeting and it appears that- is the airport and the city basically the same thing? Atkins: Is the airport- the Airport Commission operates- Pfab: No, I mean- is there- I think the discussion was that debt and what not was the- the airport said it was the city's debt and the- Atkins: Traditionally the airport, Irvin, has assumed we will carry their debt, retire their debt through our debt service fund. I think what Steven is suggesting is that rather than tax for it, some of the profits the income earned from the North Airport Commercial could be applied to debt as well as operations. And the answer is yes- that is a matter of policy for you. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #17 Page 56 Lehman: And that is not a new concept. We have talked about that over the years. Atkins: It has been kicked around off and on. Councils have really never sort of aggressively pursued it but it certainly can be done. Pfab: So, the goal for the city- and I believe for the airport- is for the airport to be totally self-sufficient? Champion: Right. Maybe make a profit. Atkins: It is a goal for you all to decide what you mean by self-sufficient. Pfab: I don't think the airport can make a Commission because of FAA. Lehman: I don't know, but that is another issue. Atkins: I intend to bring this issue up- I am sure- during our budget review process. You are going to see this because we want to do a more comprehensive review of airport finances anyway. Pfab: But there will be research done in the meantime? Atkins: Oh yeah. P fab: Okay. Kanner: The $18.4 million is for the library and $1.755 million is for hanger repairs and land costs for the airport- so what are the consequences if the council agreed to separate these two and voted down the airport part of that issuing debt? Lehman: Steven, I suspect this is part of an airport master plan that has been approved by the Council somewhat three years ago? Atkins: At least. Lehman: Yeah, I think that- four? And this is part of that master plan which we have been in the process of implementing for the last two- probably will be in the process for another four or five years before that master plan is completed? Atkins: Hopefully sooner than that. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #17 Page 57 Lehman: Maybe sooner than that. But I mean, I think this is part of a bigger puzzle that we- I think whether or not we have a legal commitment, we certainly have a moral commitment to it. Atkins: You do have the ability to split the issue. Champion: Of course. Atkins: I would probably- my gut reaction is, don't do that. And the reason is that this is a reimbursement resolution and it allows you the ability to seek reimbursement through debt. You do not have to exercise that if you come up with a different policy like you were talking earlier. But that is truly a policy question for you. This preserves that option. Okay Kevin? Yeah. Champion: Let' s vote. Kanner: Are there plans then to discuss then about- you said there were plans to discuss this at a future work session? Atkins: Oh yeah. When we do the budget one of the questions we want to pose to you- and at the time that you consider that North Commercial Area- is just what do you expect to recover in the investment we have and if- and I mean the word profit in the broadest sense- if there is a profit from the sale of the leases of these lots, you first option had been to this point retire the general fund subsidy. Not have that. But you can also use those monies to retire debt if you so chose. You can do both. Kanner: And it can possibly be used for this in the future (can't hear)? Atkins: That is correct. Yes you could. Kanner: Thank you. Lehman: Further discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #18 Page 58 ITEM NO. 18 CONSIDER A RESOLUTION OF INTENT TO APPROVE A PURCHASE AGREEMENT WITH DONNA AND VIC ZENGER FOR CONDOMINIUM UNIT 1-G IN TOWER PLACE AND PARKING AND TO DISPOSE OF SAID PROPERTY IN ACCORDANCE THEREOF, AND SETTING A PUBLIC HEARING FOR JANUARY 9, 2001. Vanderho ef: Move adoption of the resolution. Pfab: Second. Lehman: Moved by Vanderhoef, seconded by Pfab. Discussion? Kanner: I had a question. Who has expertise here in this area? Atkins: I will wing it. Kanner: In there it was crossed out that instead of one spot- parking spot that others seemed to be getting for their purchase of the condos- they are getting two spots. And then also there was reimbursing for painting and ceiling work of about $4000. And so I was wondering, are they paying more than the others per square foot or what is the reason for that? Dilkes: I can answer. The parking- I think what originally happened- I think the negotiations went- they wanted four parking spaces and we went back with one and we arrived at two. And the way we have kind of been doing the parking on these purchase agreements is they roughly correspond to the size of the space. The space that neighbors is a smaller space and got one space I believe. So that is kind of how the parking has worked. Atkins: How about the painting reimbursement? Dilkes: The painting reimbursement is we are selling them vanilla box space. And those- my understanding is those deducts are related to items that we will not have to do. And therefore our cost is reduced. Kanner: So the $4000 is what we had done in other condos that we sold or will do in the future unless-? Dilkes: There is no different- it should even out the prices between the units. Lehman: Other discussion? Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #19 Page 59 ITEM NO. 19 CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT WITH PAT MOORE CONSTRUCTION COMPANY, D/B/A MOORE CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF A SINGLE-FAMILY HOME UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM (1605 DICKINSON LANE). Pfab: So moved. Vanderhoef: Second. Lehman: Moved by Pfab, seconded by Vanderhoef. The cost of the bid amount is $129,980. The Housing Authority recommends acceptance of the bid. Discussion? Vanderhoef: I am just pleased that we are going forward with this Affordable Housing Program. I think it is a good program and I whole-heartedly support it. Lehman: Roll call. Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #20 Page 60 ITEM NO. 20 CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE NORTH DODGE STREET PROJECT STP-1-5(69)--2C-52. Lehman: This is the reconstruction of North Dodge Street from the terminus of the one way all the way to Interstate 80. It is a very, very large project. And this is authorizing the funding. Do we have a motion? Vanderhoef: So moved. Pfab: Second. Lehman: Moved by Vanderhoef, seconded by Pfab. Discussion? Champion: Is this scheduled for 2003? Fosse: Yes, we are scheduling it for 2003. Our intent is we need to finish Captain Irish and First Avenue prior to constructing this project. Lehman: This will take place after the completion of Captain Irish, Scott Boulevard, and whatever we do. Champion: So we approve the funding now? Fosse: This is a funding agreement with the DOT. Champion: Okay. Fosse: And they are paying by far the lion's share of this project. Champion: I saw that. I like that. Fosse: They are willing to do that if we are willing to take on the administration and design and the easement acquisition and that sort of thing. It is a partnering effort. Vanderhoef: It is a good project and long overdue. Lehn~an: Other discussion? Kanner: I question that Dee, whether it is the best project. I have a letter here that we received in May from a citizen of North Dodge Street- 1032 N. Dodge Street- who lives in that area. And he talks about how the greatest public This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #20 Page 61 safety issue on this stretch of road is speeding traffic. And it seems that with increasing the size it will increase speed- that is what tends to happen. And also will increase- it is my understanding that it will also increase the amount of traffic. You widen streets and you tend to get more people that flow to that arterial street. And I think there- he states that there seems to be agreement that everyone wants a traffic signal at Dodge Street and Prairie Du Chien. And I would agree to that. But I think to continue to widen that just means more traffic. And also there is some affordable housing that the resident talks about also and I would agree- you would be affecting that and the ability for people to have trees in the front that would be taken out because of the widening. So I don't think it is the best plan. I think we can do better. I am going to be voting against it. Lehman: Other discussion? Pfab: I would just bring up- it is kind of unrelated but a real quick question to the City Manager- has the idea of video taping speeders- is that effective in the state of Iowa? I understand it works in- I think Minnesota does it all the time. Atkins: Colorado has a law that they dealt with it, Irvin. I don't have the details. Pfab: Were did that ever go? Atkins: I do know that the Chief of Police met with a couple of local legislatures to discuss the issue and we have left it with them to see if the issue will be raised in the upcoming session. I have it on my things to do and I will track it. Pfab: So you will report what you can find? Atkins: When I find out I will let you know. Pfab: That is fine. It is just something that came up. Lehman: Right now it is illegal isn't it? Atkins: Yes. Pfab: Right, as of now. But I mean, other states are doing it. and it is apparently working very well. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #20 Page 62 Kanner: I had a question for Rick. We are going to be paying for the environmental impact study- what are we going to be looking for in that environmental impact study? Fosse: There is a wide variety of things that include historic properties and the typical environmental factors that you think about such as animals and things like that. The effect of the built environment. Kanner: The what environment? Fosse: The built environment. The homes and businesses in the area. As I understand it, that study is pretty well complete. And we can get you a copy of that if you don't already have it. Pfab: I would appreciate a copy if we can get it. Lehman: Any further discussion? Roll call. Motion carries 6-1, Kanner voting "no". This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #21 Page 63 ITEM NO. 21 CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND SIGN SHORT-TERM LEASES FOR SPACES IN THE OLD J.C. PENNEY BUILDING FOR THE PERIOD OF TIME BETWEEN THE CLOSING OF THE CITY'S PURCHASE OF THE BUILDING AND THE DATE ON WHICH THE CITY MUST HAVE POSSESSION OF THE BUILDING. Champion: Move the resolution. O'Donnell: So moved. Lehman: Moved by Champion, seconded by O'Donnell. This will enable the present tenants to stay there until such time as we need the building for demolition. Discussion? Kanner: Which businesses are giving indications that they might want to stay a while longer past the March 1 date? Atkins: I had someone come in the other day and Steven, I honestly forget- because I told him this was being considered and we would get back with him. Lehman: Until we- Dilkes: The ones I have heard from have been the Fit Zone in the basement and Freschens. And I will communicate with them if this resolution passes. Lehman: We really need this before we can start any discussions with them so that we have the authority to give them short-term leases. Is that correct? Dilkes: Yeah. We could have brought each lease back to you except the timing of this. I would like to have them in place before we close on the purchase of the property. Kanner: I think that the Chinese restaurant also might be interested. There is also a little trouble communicating perhaps- they speak Mandarin Chinese. The owners of the business. So I understand we do have a pool- it might not include someone who speaks Chinese but we could look to that so maybe we can see if we can find someone. Actually, the University does supply people for $35 an hour. We might want to look at that in communicating with the owners of the business there. We also- we made- there was a resolution that was passed to give first priority to the people at the location of the Burlington Street parking ramp that was going to be built when there was plans to have commercial space there. And I was wondering if there are plans- if there is an indication from the council that we would This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #21 Page 64 like to consider that in a future session. That the people that are currently there would be given first opportunity to occupy the new commercial space. Similar to the resolution that was passed for the Burlington Street parking ramp. Dilkes: I think that initially is going to have to be a library board discussion. It is going to be their building. I mean, you are going to own it but they are going to manage it and control it. Atkins: I can understand the PR aspects. (Can't hear) talking with them about it. Dilkes: And I think there has been some discussion about- some of them are interested in coming back into the building. Lehman: Further discussion? Roll call. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #22 Page 65 ITEM NO. 22 CONSIDER A RESOLUTION RATIFYING SETTLEMENT OF PENDING LITIGATION. Pfab: So moved. Lehman: Moved by Pfab. Champion: Second. Lehman: Second by Champion. Kanner: Ernie, could you explain what this is? Lehman: This is a- I don't know that we have a- the settlement that the council agreed to last night. Dilkes: Do you want me to explain it? Lehman: Yeah, why don't you explain it. That would probably take a little less time because it would probably be somewhat coherent. Dilkes: This is a claim made against the city resulting from a car accident with a vehicle driving by a city employee that we have settled for the amounts of $35,000 and $55,000 respectively to each of the plaintiffs- the driver and the passenger. Lehman: Roll call. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #26 Page 66 ITEM NO. 26 CITY COUNCIL INFORMATION Pfab: Happy Holidays everyone. Lehman: Connie? Champion: I just have one thing. There was a letter in our packet from a resident- or maybe it was email, I can't remember but I think it was in the packet- about cars parked across sidewalks in his neighborhood. And there are people there with wheelchairs. You know, when I walk home from downtown in bad weather that is a terrible problem. And maybe we should think about making a ticket for blocking a sidewalk like $10. Atkins: There is one. Champion: Well, maybe $50. Atkins: I got the letter also Connie and advised the police and they did put out a press release. And what we are going to have done is have our CSOs as well as our regular uniformed officers- if we observe that they are to go to the door, knock on the door and ask them to move. If not, we will come back in a reasonable period of time and we will ticket them. But it is- the individual that contacted me was also physically challenged and couldn't get around. Champion: But it is a problem all over town. It just reminded me because sometimes you have to- Atkins: And I agree with you. The complaint is correct. And we will look into it. Pfab: I have one comment. If there is a first and a second ticket I think if it is a habitual violator we should see if we (can't hear). Atkins: I would defer to Eleanor. I don't know if there is a way to ratchet up the dollar figure after the first or second citation. I don't think so. Dilkes: I don't know. (several talking) Lehman: I got a memo from your office Eleanor regarding changing the amount of fine- because I personally have a real problem with- Dilkes: Oh, parking fines. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #26 Page 67 Lehman: Blocking a sidewalk is a parking fine is it not? Dilkes: Probably. We are capped by state law on that one. Lehman: The state code of Iowa does not enable us to change that fine to more than $5. Champion: You are kidding. Dilkes: It is really minimal. Lehman: No. which I am really- Pfab: Maybe that is a lobbying project. Lehman: That could well be. But as of now I think that maybe if you are running late you can take your chances and block a sidewalk and park there and the maximum liability you have got is $5. Atkins: (can't hear) O'Donnell: I would think we have the right to tow. Lehman: Pardon? Atkins: You can go back. Champion: Go back? Atkins: You can go back. Vanderhoef: And ticket again. Atkins: Within a reasonable period of time. Lehman: But realistically it could cost you five bucks and the chance of it costing you anything aren't real good because we can't monitor all of those. But I share that Conhie. Champion: The other thing is I just want to make a comment about is Officer Bailey tonight. And that was really, I thought, nice that a lot of officers showed up. I have a son who is going to be a policeman and he will probably get those awards someday- but he has been doing an internship with the police and I will tell you that Officer Bailey is not the only policeman who does nice things in the community. And I do think that sometimes we always This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #26 Page 68 hear bad things about police or police who had- anybody who has been arrested probably doesn't have a lot of nice things to say about police. But I think we really have a very high quality force and I think that a lot of them do a lot of really good deeds around town. Vanderhoef: I will second that. Lehman: Mike? O'Donnell: Along with this Officer Bailey who was my next door neighbor when he was about 8 years old- so that does age me- I have had several calls about the incredible job the street crews is doing in removing snow. Out working in all elements. They have done a tremendous job. That is it. Lehman: Dee? Vanderhoef: Nothing. Lehman: Ross. Wilburn: I just want to acknowledge and thank the work of some young people that are involved with the ACE program through Lutheran Social Services and the juvenile court office. They have been doing a lot of structured activities but doing some work on behalf of the community and some of the human service agencies. I should know that shouldn't I? So just thank you. And they really do some good work. So contact a juvenile court officer or Lutheran Social Services- and they really get a kick out of helping out the community. Lehman: Thank you. Steven? Kanner: In response to what Conhie said. I rode with a police officer last year and I believe anybody can do that in the city. Atkins: Just schedule it. Kanner: And I went on Sunday afternoon which was kind of quiet. I want to try it on a Friday or Saturday night and see what that is like. But I would recommend it for anyone. And it is a good way to see what the police officers have to go through on their duties. And there is a couple of other things. One- I was looking at the meeting room schedule and use for the airport room that was funded last year- the last year or two. It is a very nice facility. And currently it is only allowed to be used by city commissions and boards. And I would like to put out to the council and to the commissions to see if we could open that up a bit to more of the This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #26 Page 69 community. I know there is some issues about things being open there but maybe we could work something out because it is a wonderful facility that they have there. I recommend people check it out. You are welcome to go there during the day and sometimes during the night. I would like to see if we can make that more accessible for community groups even though they might not be officially connected with the city. Pfab: Steven, I did speak to the head of the Airport Commission and he was surprised that the rules and regulations did not allow community groups and other public people besides the city. So he was going to look into it. He hasn't got a chance to get back to me so I would suggest that we kind of put that on hold. They are working on it and my request was that they (can't hear). Lehman: I did talk to Steve Atkins about it. That is something we are checking on, too. I agree with you. That is a very serviceable, very attractive room and very expensive room. And certainly one that could be appreciated by a lot of folks if they could use it. Pfab: I am not saying that isn't a good idea but I think we should give them a meeting or so and if they don't then move on. Kanner: Thank you. And I wanted to make note- there was an article in the Daily lowan from a few days ago about the first Shepard scholarships. And they were awarded to two first year students at the University of Iowa- Gaylon Newton and Jessica Bracket. It is the Matthew Shepard scholarship- the first scholarship award specifically intended for openly gay and lesbian student leaders in Iowa. And I think we should applaud those folks for being out there and working for civil rights. So I am glad to see that happening in our community- that we have these award winners here in Iowa City. At the same time I feel I have to speak out- they quoted a former state legislature Chuck Hurley making comments that are typical code words for homophobia. And I think we have to challenge those. He talked about (changed tapes) those are the kinds of things that I think we as a city have worked so hard to fight. That kind of hate and language. And so I hope that Gaylon and Jessica continue their work and hope that there will be many more that will join them. And the final thing is that yesterday- as many people read in the papers- there was a video taping that council member Pfab and myself did at the informal Monday work session. And a news release was sent out and I just wanted to touch on a point or two of why we did that. And why I felt it was important. I feel that there are very important decisions that are made on Monday night sessions. For instance, the approval of $20,000 for the Devonian fossil gorge project in Coralville. Or in fact the decision not to budget funds for broadcasting and video taping Monday night work sessions, which was This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000. #26 Page 70 done on a Monday. And so not only do we have decisions made on Tuesday night, but also on Monday night. And I think as a letter to the editor writer wrote a few days ago, the thing that makes democracy strong is the free flow of ideas. And I think that is important that people be able to see that. And there are certainly things that I don't agree with the majority of the council at times, and I feel that they do so- some people perhaps not in a team like fashion as the Mayor mentioned that I am not doing things in a team like fashion. I think that democracy and politics is working for what you believe is for the best interest of the community. And city council work is one way to do that. And there are other ways that I and others do that. And it is in that fashion and that sense that I feel that video taping Monday night work sessions is a good thing for the city as a whole. And people will be able to view those videotapes in the future on PATV, Public Access Television. Lehman: I would just like to respond briefly Steven. It isn't the video taping of work sessions that concerns me. And I think you are probably aware of that. What concerns me is- you I think brought it up rather (can't hear)- a matter of democracy. I think that when a group of people by a majority rule decide to do something, in most cases, I think it is incumbent on the rest of those in the group at least to abide by the rules that the group makes itself. And if they chose not to agree with those rules, to bring those rules up so that the entire group has an opportunity to change those rules again. And I don't agree that it was appropriate. Nor do I think- I think it was somewhat self-serving. I don't think it was in the best interest of the council for you and Mr. Pfab to decide to videotape those meetings without first asking the council to reconsider it. I think it has been something that is going to be somewhat of a problem for this council. I regret that. I really do. Because I think that this community deserves seven council people who are responsive to each other and responsible to the people within their community. And I think any action on the part of council people that reduces that is not in the best interest of the community. In any event, I really would like to wish all of the council folks and the folks in the community the happiest of holidays and a great New Year. This really is a great place to live. I think we are all blessed and I hope everyone certainly enjoys the holidays with their family and friends. This represents only a reasonably accurate transcription of the Iowa City council meeting of December 19, 2000.