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ITEM 2. PROCLAMATION.
Hayek: (reads proclamation)
Karr: Here to accept the proclamation is Ann Weber, Regent for the Pilgrim Chapter.
(applause)
Weber: I have something very brief to say. On September 17, 1787, our U.S. Constitution
was signed. In 1955 to celebrate this great event, Constitution Week was initiated
by the Daughters of the American Revolution, and it was officially declared by
President Eisenhower in 1956. The DAR is anon-profit organization that
encourages education, historic preservation, and patriotism. DAR members
across America study, teach, and discuss the Constitution during this time, and we
encourage all citizens everywhere to take time during Constitution Week to
appreciate the principles of freedom, equality, and justice, which were committed
to us by our forefathers. The DAR was founded in 1890. Today among other
things we support schools for the underprivileged and award over $150,000
annually in scholarships. Pilgrim Chapter in Iowa City has celebrated over 110
years of service to this community and we Daughters are very appreciative of this
Constitution Week proclamation. Thank you, Mayor Hayek and City Council
Members, for this recognition. And I have a little gift for you!
Champion: Oh, good!
Weber: (unable to hear, away from mic)
Hayek: Fantastic! Thank you!
Weber: Thank you!
Hayek: I suppose this is sort of a motion to accept correspondence (laughter). Thank you
very much!
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ITEM 4 COMMUNITY COMMENT (ITEMS NOT ON THE AGENDA).
Hayek: This is the time during our City Council meeting when members of the public can
address the Council on items that are not on our agenda. If you're interested in
speaking to us, you can, uh, come up to the podium, please sign in, and also state
your name so that we know who you are and please keep your comments to five
minutes or less.
Christensen: Um, my name is Ron Christensen. I've lived in Iowa City all my life. Uh, we
live over on, uh, 122 N. Westminster, um...today I had a problem we need 'to
discuss. Um, my company is Game Day Iowa, uh, we own a web site. We also
have a store, uh, over at 2500 Corridor Way. Uh, we attend all of the Hawkeye
football games at home, away, and at the bowl games. Uh, with all of the things
that have been going on over on Melrose, I guess that's the polite way of putting
it, uh, we were contacted by our landlord. Uh, he basically told us that, uh, he had
been contacted by the City and that we were told that we couldn't set up unti15:00
on Friday and then on 5:00 on Sunday we had to remove everything we had in our
basic operation over there. Uh, Game Day Iowa has been in business for 20
years. Uh, we've taken Iowa...Iowa athletics to a different level, uh, we have
over 3,6001icensed products that we sell to Hawkeye fans. Uh, our
establishment, at Melrose we take over 1,000 items. It's been developed through
the years. We have continual lists on what our customers want, what they need
for the game experience. Uh, we're set up, uh, with handheld or electronic
equipment to handle any types of credit cards, cash, or whatever, uh, to set up our
system basically we have worked with the City for the last 15 years. It started out
we could set up the tent and if we had back-to-back games, uh, they didn't care.
They said take it down after the second game. Uh, that evolved to where they
requested that we reduce the amount of time the tents were up so we have put our
carpet down on Wednesday, set the tents up on Thursday. It takes about four
hours to get all the infrastructure done. On Friday to bring in 1,000 to 1,500 items
it takes about 12 hours. Uh, our customers show up at 6:00 in the morning, uh,
we're there until two hours after the game. Uh, we take down our products. We
put `em in trailers, we remove `em from the site, and then we basically have to
take the structure out. It's been in our agreement, like I said, for the last 15 years
with, uh, Big Ten Rental that... so they wouldn't have to work their employees on
Sunday. Uh, we've been allowed to take the tents down on Monday. Uh, right
now, uh, this game up hit me right in the middle of the morning and we were told
that, uh, basically we have from 5:00 on Friday night until 5:00 on Sunday to get
everything done. Uh, what this does to myself, my employees, and the people
from Big Ten is we will be working from 5:00 Friday night and hope to get done
in time for our customers to show up. So I've got 11, 12, or 13 die-hard Hawkeye
fans that to set up and come up with the situation and the facility to take care of
our customers, uh, we basically will have to spend the 12 hours working through
the night to get that done, and then instead of being able to go to the game,
everybody will probably be asleep until it's time to tear the thing down. Uh,
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we're hoping that we could have somebody discuss this and put us back on a set-
up on Thursday, bring in the product on Friday, and basically take it out on
Saturday and then allow our tent people to take down the tents at a reasonable
time, uh, Big Ten does anywhere between 25 and 100 tents in the City for Fry
Fest, for the University, so it is quite difficult for them to get everything done in a
timely manner and by wedging them into a very short time frame, uh, it's really
very difficult for them and for us.
Hayek: You know, Mr. Christensen, this is not something the Council's taken up. It'd
probably be appropriate for staff, uh, to...to look into this and get back to you. If
you could put your contact information down there on that book in front of you.
Christensen: All right.
Hayek: And we could ask staff to contact you on this.
Christensen: Okay. Should I do that now or take it with me or....I don't want to...
Hayek: You can do it now. That's fine.
Christensen: Okay.
Hayek: Is there anyone else from the audience who would like to address the Council?
Thank you, sir.
Christensen: Thank you.
Hayek: Anyone else to address the Council on community comment? Okay, hearing none
we'll move on to Planning and Zoning matters.
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ITEM 5. PLANNING AND ZONING MATTERS.
c) CONSIDER A RESOLUTION APPROVING THE PRELIMINARY
AND FINAL PLAT OFD & D BILLION ADDITION, IOWA CITY,
IOWA. (SUB10-00007/SUB10-00008).
Hayek: There has been a recommendation that we defer this item until the October 11
meeting.
Champion: Move to defer to October 11.
Mims: Second.
Hayek: Moved by Champion, seconded by Mims. Discussion? All those in favor say
aye. Opposed say nay. Motion carries 7-0. This is deferred.
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ITEM 6. CONSIDER AN ORDINANCE AMENDING TITLE 16 OF THE CITY
CODE, ENTITLED "PUBLIC WORKS," CHAPTER 1, ENTITLED,
"STREETS, SIDEWALKS AND PUBLIC RIGHT OF WAY," TO
ESTABLISH A PERMIT PROCESS FOR PLACEMENT OF PIANOS ON
THE PUBLIC RIGHT OF WAY. (SECOND CONSIDERATION)
Hayek: This is second consideration, and I understand that we have a revision.
Dilkes: I changed the date where the permit would...could run through to November 30tH
to correspond with the sidewalk cafes so they're at the same time. People can
certainly take their pianos out earlier if they want, but...we could have good
weather and...
Champion: (mumbled)
Dilkes: Uh, November 30tH
Champion: Thank you!
Bailey: Makes sense!
Wilburn: Can we still expedite with that change?
Dilkes: Let's go ahead and give that first consideration and then we'll collapse the next
time, get it done.
Bailey: Move first consideration.
Wilburn: Second.
Hayek: Moved by Bailey, seconded by Wilburn. Discussion? Roll call, please. Item
passes 7-0.
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ITEM 7. CONSIDER AN ORDINANCE AMENDING TITLE 4, ALCOHOLIC
BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS,
SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR
PERMITTED ESTABLISHMENTS, SUBSECTION B, TO ADD A NEW
SUBPARAGRAPH 6, AND TITLE 4, ALCOHOLIC BEVERAGES,
CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8,
PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED
ESTABLISHMENTS, SUBSECTION C, TO ADD A NEW
SUBPARAGRAPH 5, TO ALLOW THE CHIEF OF POLICE TO
APPROVE SPLIT-PREMISES SPECIAL EVENTS IN LIQUOR LICENSE
ESTABLISHMENTS, PERMITTING ENTRY BY THOSE UNDER LEGAL
AGE INTO AN ALCOHOL-FREE PORTION OF THE
ESTABLISHMENT, WHILE STILL ALLOWING THE SERVICE AND
POSSESSION OF ALCOHOL TO THOSE OF LEGAL AGE IN A
SEPARATE ALCOHOL-PERMITTED PORTION OF THE
ESTABLISHMENT. (FIRST CONSIDERATION)
Bailey: Move to defer indefinitely.
Wilburn: Second.
Hayek: Moved by Bailey, seconded by Wilburn. Discussion?
Mims: I'd rather see us go ahead and do it.
Bailey: I feel like this gives us an opportunity to really craft something that we want to
see, rather than...something that...we all had discussion that we would rather go a
different direction.
Wright: I think we did discuss the fact that this is essentially a work in progress and it
seems... somehow improper to me to go ahead and begin passage of an ordinance
that we know we're going to be revising immediately.
Bailey: Lots of tweaks along the way. I...I would rather get something that people can
respond to, and we can have a thorough community discussion about, rather than
second consideration (both talking)
Mims: When we first were talking about it, I would have agreed with you, but then I
think in response to Dale's comments in fact that this may be something that a
number of venues will in fact use. We haven't had time to see how many, you
know, really will be able to take advantage of this, and the idea of our discussion
on maybe an additional ordinance or more exceptions in terms of a defined music
venue can...may end up being something entirely different and entirely separate
from this, um, I don't see a problem with going ahead and getting this on the
books, and that's what I would prefer to do.
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Bailey: And I don't have a problem with this if we're in huge contrast with the other, um,
the other direction that we may be going in that they could operate at the same
time. I...I would rather...have the discussion and see what we've got, and then
we either have two ordinances or we have one.
Mims: I...I see them as very different, I mean, this is one possibility...when you're
really talking a physical, structural changes and modifications and standards,
versus, um, something else that will have some physical aspects to it possibly in
terms of stage and lighting, etc., but is much more of a business model, um, type
of thing that we will be looking at, that I think...I think will end up being very
separate ordinances in terms of how they're focused and so that's why I would
rather go ahead and do this, um, and it, you know, if there is, you know, we talked
earlier there may be business who's got something kind of on the books for
October, you know, why, you know, and they've done that with the idea that we
were possibly moving forward on this. Why not give them the opportunity to do
that. I don't...I don't see this as something that we just automatically would take
off the books because we do a music venue. I see these as two very different
focuses. One, as I say, one very physically oriented in terms of structure.
Another much more a business model of a music venue, versus a straight bar
venue.
Champion: We11...I'm not happy about passing an ordinance that we're not going to keep,
cause I think we'll make a lot of changes to this ordinance.
Mims: But I'm not...
Champion: But I'm willing to support it, if we can...if we can put in...a...what do you call
it? The number of people in a place.
Mims: Right, but see, Connie, I still say these are two totally different things. I...I think
the split venue is very different approach and ordinance than a music venue
definition ordinance. I mean...yeah, an entertainment venue, music, because
here, I mean, you could have something that is strictly a bar with D.J., Karaoke,
whatever and they have two physically different areas, uh, that are...one is
alcohol, one is non-alcohol in terms of the ages that they can admit, and
regardless of their business model in terms of entertainment. The other that we
talked about earlier trying to craft of an entertainment type venue where they
would...we would have strict criteria, we're not talking about separate physical
areas based on age, and so I could very much see us keeping this split venue,
which we may or may not, we don't know yet, how many, uh, businesses might
want to take advantage of this. I see this as being very different and very separate
from the entertainment venue that I think we will hopefully be able to move
forward with.
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Bailey: And I don't...I don't disagree with you. 1 think in my own mind, and, you know,
if we go ahead and vote on first consideration, I...I may need to vote against it,
just in my own mind it seems like we discussed this because we had one goal, one
particular goal, one objective. We want to maintain music or entertainment
venues I guess, and um, the question that I still have is what...what is the best
method, should we approve and look at multiple methods, what do we have the
capacity to do as a city to...to use different methods to get that...to that particular
goal. So, for me, the discussion is only half had and that's why I'd like to defer,
have a broader discussion, and see if we need two, if we need one, if....if we're
all in agreement of what the objective is, um...that's where I'm at with it. I mean,
I...I don't disagree that this is very different than what we talked about. Um, in
that they could exist, they both could exist, they both could achieve similar goals.
I don't know. I'm just not ready to move ahead on this particular ordinance. It
sounded like some weren't...weren't either so...that's why.
Hayek: I...I agree with Susan in that, and Regenia, in that the...the...what we talked
about during our work session prior to the formal tonight, uh, is...is very different
from what's on...what's on the agenda tonight, and they could potentially co-exist
and not be mutually exclusive. My only concern about proceeding with first
consideration tonight is, you know, we didn't spend any time in the work session
actually looking at this ordinance and talking about it, in terms of...language,
um...and I would...I...if we proceed to vote on it, I think I'll support first
consideration, but my preference would be to defer this and take it up, uh, just to
make sure we're comfortable with what has been proposed here in Item 7 in
connection with the, uh, the other idea that we discussed tonight.
Champion: Do we...if we pass first consideration, doesn't really hold us to second
consideration. (several responding) Um, so if we would have time to...to discuss
this at our next work session, which is when?
Dickens: After this meeting if we're not done! (laughter)
Champion: That's possible!
Hayek: What's the date of that?
Karr: 20tH
Hayek: 20tH of September.
Champion: I mean, then...we might decide to not have a second consideration or decide that
we can live with it, but it would give us an opportunity to allow it to happen for a
special event, but I...I might not...I'm...I've decided I'm going to vote for first
consideration, but then I...I want us to discuss this much more. I mean, the two
conflicting things we're talking about, and I think I have to have more of an
understanding of that before I would give it second consideration.
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Wright: Given the discussion that we're having right now, this Council is definitely, uh,
still forming opinions and that's...because of that I don't think we should be
voting on first consideration this evening. So I...I will, uh, support (mumbled)
Wilburn: My preference is to defer and I'm coming at it from a little different direction
because, um, the...when this concept of the split issue came up years ago, um,
there were, at the time, there were, um... as I recall, um, most of the, um, venues
said that this wasn't a workable, uh, that, um, they couldn't afford it or
logistic...they couldn't do it, um...and uh, it evolved to well this is what the
Council's going to make us do, uh, at the time, uh, that was also the...around
when, um, Mayor Lehman at the time basically was instructing the bar owners to,
um, come up with something, uh, that you all can agree on that gets at still being
responsible with your liquor license, and they came back and said we can't do it.
You just have to do something, and the concept of, uh, because of concerns about
the, um, logistics of it, that was where the, uh, idea of, um, the alcohol-free night
to allow for...that is on the books now, that's where that arose out o£ Uh, my
other concern with it, it still...the split venue still creates the issue of, um, those
who are not responsible with, uh, maintaining their license and product and access
and serving to persons who are, uh, not of the legal age, um, it...it doesn't really
get rid of that issue, if they're not able to staff and monitor, um, at the door and
within the bar, um, I just don't see this getting at it, but my preference with this
issue tonight would be to defer it to allow...that other conversation to happen.
Hayek: We...I mean, ~ou've moved to defer indefinitely. We could move to defer it until
September 20t , or...yeah. Uh...to allow for that conversation by...to get that
back up, to keep it on the agenda.
Bailey: I can change the motion to the 21St, to defer to September 21St, if that would.. .
Karr: Does the seconder agree to that?
Wilburn: That's fine.
Mims: 20th or the 21 Sc~
Karr: 21St would be the formal (several talking) agenda.
Hayek: Okay. So, have you withdrawn your motion and submitted a new one?
Bailey: Uh-huh.
Hayek: Who seconded?
Wilburn: I did.
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Bailey: Ross did.
Hayek: Okay. Further discussion on the revised motion? All those in favor of deferral to
September 21St say aye. Opposed say nay. Okay, appears that the `ayes' have it,
5 - 2. Okay.
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ITEM 8. CONSIDER AN ORDINANCE AMENDING TITLE 5, ENTITLED
"BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED
"TAXICABS," BY REPEALING SUBSECTION 5-2-2, "TAXICAB
BUSINESS LICENSE; VEHICLE DECALS," AND 5-2-4, "VEHICLE
INSPECTION REQUIRED," IN THEIR ENTIRETY AND REPLACING
THEM WITH NEW SUBSECTIONS; AND AMENDING 5-2-7 TO
PROVIDE PROVISIONS FOR RATE CHANGES. (PASS AND ADOPT)
Champion: Move adoption.
Wright: Move adoption.
Hayek: Moved by Champion, seconded by Wright. Discussion? There's someone from
the audience (mumbled) would like to address us.
Enfield: Uh, my question would be...
Hayek: Sorry, I'm going to interrupt. If you could give us your name, sir.
Enfield: Sean Enfield, uh, Boji Taxi Service, Lake Okoboji. Uh, I worked in two other
college towns besides Okoboji, which is Ames, Iowa and (can't hear), South
Dakota. Now, I've uh...looking at some of the rules that you're amending for the
next year on March l lt" and uh, you know, if you take a look at, uh, having a
dispatcher 24/7. Well, that's going to take four people, four to five people to
dispatch without paying overtime, and that's going to...the cost level that's going
to be about $120,000 to pay all these people that money at minimum wage, and so
I would...you know, I...I'd guess I have a hard time with understanding that
ordinance or why we'd want to pass an ordinance like that because somewhere
down the line, you know, the taxicab company sits there and says, well, if I've got
to pay out this much money well then I've got to divide that by 365, I've got to
divide that by how many calls I get per day and then I've got to pass that on to the
consumer and I don't know why we'd want to do something like that to the
consumer at all, you know, um... so, uh, me, I've had a flat rate service for nine
years in three different cities, and uh...there ain't a city that has a problem with
anything that I've done in my life, and sitting there telling me that I'd have to
have a meter in my vehicle...and...and you definitely are stating that you got to
calibrate it if you go on line to eBay and look up the cost, that's something that's
ten to twenty years old that's $250, but if you want something that's updated and
that you're going to be able to calibrate like the City asked for in this ordinance,
that cost is $1,500 for each vehicle. So that's another $6,000 that we got to add to
the cost of that cab service and that's more costs that we've got to pass on to the
consumer and I...I guess I don't see that...you know, the State Code of Iowa has
a... a... a ordinance that's a million and a half liability policy, and uh, you know,
that policy, uh, to me, I operate 24/7 and I can't operate 24/7 in any of the cities
that I'm in because all them cities from 3:00 A.M. to 7:00 A.M. there's no
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business at all. And to pay time and overhead out on that, you know, I'd ask the
City to review some of the things that...if we put in this ordinance, and especially
for a new cab company starting up, that may be...at least have a year to, uh,
impose the next level because it'd take...it'd takes a company at least a year to
get all their advertising out in phone books or whatever all around through the city
so people know that you're in business, you know, so there's a lot of costs going
on here that I don't think should be imposed at all, I mean, if we just follow...you
know, if you look at your local cab companies, they run...not just in this city, they
run into other cities, and the federal government says any...any transportation of
one, or of a person from one U.S. city to another U.S. city requires U.S. DOT
numbers. And to require U.S. DOT numbers, that's $1.5 million liability
insurance, which is the State Code of Iowa. And why we don't enforce that
is...would be my question to you, uh, me paying that kind of insurance, uh, I have
to expand out into other areas and other cities. I can't afford to sleep. I can't
afford not to go to work with that, uh...so I don't know why we'd sit there and
say, why...why a cab service would have to run 24/7 if the demand ain't there for
it, number one. So I'd ask you to review some...some of the things that you've
put in to your new policy for March 1St, uh, and if so, at least for anybody
that's...wants to start up a new cab company, that uh, we follow the old code first,
at least for a year for that new...new cab company for being enforced to go to
this, because that's a lot of money. And uh...that'd just be fairness straight across
the board because, you know, other cab companies have been in business a long
time, uh, if some of them do go out of business that...that's fine too, but you
know, surely we should be following the state and federal codes first before we do
anything. So, that's uh, what I got to state. I hope we, uh, review what we're
doing because there's a lot of costs out there...somewhere down the line would
have to be passed to the consumer, and we should be caring about taking care of
our consumers first. That's all I have to say!
Hayek: Thank you for your comments. Anyone else from the audience on this agenda
item? Council discussion? Roll call, please. Item passes 7-0.
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ITEM 9. CONSIDER A RESOLUTION AMENDING THE BUDGETED
POSITIONS IN THE IOWA CITY PUBLIC LIBRARY.
Bailey: Move adoption of the resolution.
Mims: Second.
Hayek: Moved by Bailey, seconded by Mims. Discussion?
Champion: We had the Chief here. Maybe she can tell us what this is all about.
Hayek: Roll call, please. Item passes 7-0.
Wright: I think we should add just for the sake of the public, uh, that this, uh...the cost of
this is coming from a contract with the University to take over some services that
the University is no longer providing; the Iowa City Public Library will be
providing.
Bailey: And it's a nice collaboration.
Wright: It's an excellent inter-governmental collaboration, yes!
Hayek: It's a boon for children's literature throughout the community. Thanks for your
presence, Susan.
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ITEM 12. CONSIDER A MOTION APPROVING THE APPOINTMENT OF JON
SWEARINGEN AS THE ALTERNATE FROM THE UNIVERSITY OF
IOWA STUDENT GOVERNMENT (UISG) TO THE CITY COUNCIL
UNTIL MAY 1, 2011.
Wright: Move adoption.
Dickens: Second.
Hayek: Moved by Wright, seconded by Dickens. Do you want to introduce him to the
Council before we vote? Thanks, Elliott!
Higgins: Well, I don't know if I need to introduce myself, but my name is Elliott Higgins.
I am Representative of the University of Iowa Student Government. Um, Mr.
Mayor, Honorable Council, firstly I'd like to take this time to thank you for, uh,
maintaining the UI Student Liaison position. Our organization truly appreciates
this role and we feel it is, uh, vital to ensuring good communication. Um, and
now that being said, uh, I stand before you today to introduce my colleague, Jon
Swearingen. Uh, Jon will be assisting me in advising the Council from the UI
student perspective, and he's a capable and intelligent individual, and I feel we
can all benefit from his input. So, here's Jon.
Champion: Welcome!
Swearingen: And I just want to say, as a life-long, well, a short life-long Iowa City resident,
born and raised here, that I'm really excited to be able to, um, work with, uh, you
all as...and with the University Student Government just to, um, try and make it
better and more...or make a better understanding on both ends for everybody.
Um, because I'm hoping to live here...or throughout the rest of my life also so,
nothing else (mumbled) and for my family in the future or whoever comes along.
Hayek: Great, and thanks, Jon, and welcome. Council discussion? All those in favor of
the appointment say aye. Opposed say nay. Motion carries 7-0.
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ITEM 15. CITY COUNCIL INFORMATION.
Hayek: We'll start with you, Ms. Mims.
Mims: Uh, nothing thank you!
Champion: I don't have anything!
Wright: Nothing!
Wilburn: Nothing.
Bailey: Well, I just wanted to say I continue to hear great comments about the Farmers
Market this year. I'm sure the rest of you do, as well, and um, I just wanted to
pass that along, um, to the staff that the expansion has been very popular and um,
really commend the Rec staff for taking that on.
Dickens: How much longer does it go?
Bailey: Goes through the end of October. You can get your pumpkins or your Jack o'
Lanterns.
Dickens: I just had, don't forget the Friday Night Concert Series downtown. We have two
more weeks left, so...make sure you get down there and enjoy it!
This represents only a reasonably accurate transcription of the regular formal Iowa City
City Council meeting of September 7, 2010.