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HomeMy WebLinkAbout1983-10-17 Info PacketCity of Iowa City MEMORANDUM Date: October 14, 1983 To: City Counci ` From: Don Schm iser 'rector of Planning & Program Development Re: Adoption Schedule of the Proposed New Zoning Ordinance Attached to this memorandum is a tentative adoption schedule for your perusal. I assume that the number of comments which the Council receives at the public hearings will to a large extent determine the number of informal meetings you will need to address the comments. bc5/3 a0A City.Council 1. Public 2. Discus 3. Consid 4. Adopti City Staff 1. Revisi 2. Redraf 3. Assemb' 4. Submit J ZONING ORDINANCE ADOPTION SCHEDULE 1 City of Iowa City f - MEMORANDUM Date: October 14, 1983 To: City Council From: Dale HeIIing, Assistant City Manager Re: Cable Television Rate Increase and Ordinance Amendments Included in your packet are materials regarding 1) the request from Hawkeye CableVision for an increase in the basic service rate, and 2) proposed amendments to the Franchise Enabling Ordinance. Public hearings on both these items are scheduled for your regular meeting on October 25, 1983. In addition, a brief period will be scheduled on your informal agenda on October 24 at which time the Chairperson of the Broadband Telecommunications Commission and staff will be present to answer questions or provide further information for Council members prior to the public hearings. cc: Drew Shaffer bj5/3 0 • APO City of Iowa City MEMORANDUM Date: October 14, 1983 To: City Council From: Drew Shaffer P3 Re: Proposed Cable Ordinance Amendments Attached are nine proposed ordinance amendments to cable ordinance 78-2917 that were recommended by the Broadband Telecommunications Commission (BTC). These amendments include: Amendment #1 which includes two new definitions needed for the Required Extension Policy; Amendment #2 allows Hawkeye (at their request) one extra month each year to prepare and file their financial records for the City; Amendment #3 insures the time frame for the payment of the franchise fee to the City will remain the same as in the original ordinance agreement; Amendment #4 corrects a typographical error that refers to a non-existent clause; Amendment #5 also corrects a typographical error that refers to a non- existent clause; Amendment #6 sets out the required extension policy, which determines the• conditions under which the franchisee must extend the cable network to newly annexed and new housing areas; Amendment #7 sets out what has been previously been called the Universal Service Clause, whereby those dwelling units not passed by cable service between 1979 and 1982 and existing prior to 1979 can receive service based on the cost formula contained therein; Amendment #8 sets out the requirements of having cable lines buried at least 12 inches underground to help avoid accidential cutting; and Amendment #9 helps ensure fewer service outages by requiring notification to the franchisee before excavation or digging. Amendments #6 and #7 are carefully drafted and are the result of recently completed negotiated agreements between the BTC and Hawkeye CableVision. If you have any questions, please feel free to call me. tp/sp 07'0'741 L (� ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE IV, DIVISION 2 OF CHAPTER 14 OF THE CITY CODE (THE ENABLING ORDINANCE OF THE CITY'S BROADBAND TELECOMMUNICATIONS FRANCHISE). SECTION I. PURPOSE. The purposes of this ordinance are to clarify the conditions of required extension of the broadband telecommunications network by the grantee, to specify the depth of burial of underground cables, to require 24 hours notice to the grantee from any persons intending to perform construction work in certain areas where grantee's facilities are located, to revise the schedule for the filing of various reports and payments by the grantee to the City, to correct some reference numbers in the provisions for rate increase requests, and to provide a cost formula for the offering of basic service to certain dwelling units to which access was not reasonably available. SECTION II. AMENDMENT. Article IV, Division 2 of Chapter 14 of the Code of Ordinances of the City of Iowa City, Iowa, is hereby revised as follows: 1. Section 14-61 is hereby amended by adding the following new definitions: Sec. 14-61. Definitions. "Contiguous" shall mean abutting or within two hundred (200) feet. "New housing area" shall mean any area containing any newly constructed, rehabilitated, or restored residential or commercial unit which did not exist prior to April 19, 1979. 2. Section 14-72(a), (b), (c), (d), and (e) are hereby amended by substituting the word "four (4)" in place of "three (3)" in the phrase "...within three (3) months after the end of each subsequent fiscal year...". 3. Section 14-73(d)(1) is hereby amended by deleting the second sentence of said section and substituting in its place the following new second sentence: Payments due the City under the provisions of subsection (c) above shall be computed annually as of December 31 for the preceding year and shall be paid annually within three (3) months after said date at the office of the City Clerk during the City Clerk's regular business hours. ao9y/ Ci 4. Section 14-76(q)(3) is hereby amended by repealing the second paragraph in said section and substituting in its place the following new second paragraph: No such resolution shall be adopted without prior public notice and opportunity for all interested members of the public, including the grantee, to be heard, subject to the procedures set forth in Section 14- 64(b). No change in rates shall take effect until thirty (30) days after the approval of the rates by the City Council. 5. Section 14-76(g)(5) is hereby repealed and in its place is substituted the following new Section 14-76(g)(5): (5) Records to be made available: In addition, for the purposes of determining the reasonableness of grantee fees, rates or charges, all such information, in accordance with the provisions of Section 14-72(i), shall be made available to the City. 6. Section 14-78(b)(1) is hereby repealed'and substituted in its place is the new Section 14-78(b)(1): Sec. 14-78. Extension of network. (b) "Extension of network within city boundaries": (1) Conditions of required extension: the grantee shall at its expense extend its broadband telecommunications network so as to provide full network service to all potential subscribers in: a. Newly annexed areas of the city contiguous with an area served by or required to be served by an existing network as soon as possible but in no event later than six (6) months after the first request for service. b. Newly annexed areas of the city non-contiguous with an area served by or required to be served by an existing network as soon as possible but in no event later than six (6) months after the first request for service when the annexed area contains at least twenty (20) potential subscribers per plant mile including interconnecting trunk. .-, C. New housing areas developed within the city limits and contiguous with an area served by or required to be served by an existing network as soon as possible but in no event later than six (6) months after the first request for service. d. New housing areas developed within the city limits and non-contiguous with an area served by or required to be served by an existing network as soon as possible but in no event later than six (6) months after the first request for service whenthe housing area contains at least twenty (20) potential subscribers per plant mile including interconnecting trunk. e. Any resident dwelling within the city limits and within two hundred (200) feet of an existing network as soon as possible but in no event later than thirty (30) days after the first Section 14request 79(e)isohereby�amended by adding the following new sentence: For any dwelling unit existing in the service area on the effective date Of FCC certification which' has not been offered basic service within thirty-six (36) months of said date because access is not reasonably available, upon request the graqtee shall provide basic service as soon as Possible to said unit pursuant to the following cost formula: said service shall be provided at the grantee's expense when the cost is three ( or 3) less times the average cost to the grantee to provide basic service to an Iowa City subscriber; additional costs beyond said amount required to be borne exclusively by the grantee shall be shared on a equal basis by the grantee and subscriber up to the next one thousand dollars ($1000); all additional costs beyond those previously stated herein shall be borne at the rate of ninety (90) percent by the grantee and ten (10) perceriber; in all cases,�tthe subscriber the cequesting said service shall pay the grantee any amount due in advance. J 8. Section 14-85(f) is hereby amended by adding the following new sentence to the end of said section: All underground installations of wires and cables shall be buried at least twelve (12) inches below ground. 9. Section 14-85(g) is hereby amended by adding the following new sentence to said section: Any person, company or corporation intending to perform any of the above-described work in an area where grantee's facilities are located shall notify grantee at least twenty-four (24) hours prior to performing said work. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this MAYOR ATTEST: CITY CLERK (\ Li City of Iowa City MEMORANDUM Date: October 12, 1983 To: City Council From: Drew Shaffer 9).S Re: Hawkeye's Rate Increase Request As staff and advisor to the Broadband Telecommunications Commission (BTC) I worked in conjunction with the Finance Department to analyze the financial information submitted by Hawkeye for their rate increase request. In addition, as part of this rate request analysis, other factors were considered based on the legal department's recommendation including, but not limited to: overall franchise compliance; management efficiency; service and willingness to upgrade; provisions and performance of access level of related facilities and services. After reviewing these considerations, along with financial material provided by Hawkeye and ATC representatives, it was determined that, although there are many rate regulation methods available and in use, a standard of living increase may be the most appropriate approach to take at this point in time. Taking this approach rejects Hawkeye's initial justification for a rate increase, yet recognizes some increases in the cost of doing business to local cable operation. This approach was taken -because: the A. A more extended business history in Iowa City would be necessary to apply a rate base calculation analysis to Hawkeye's operation. 6. The Commission and staff were unable to identify, distinguish and/or differentiate between some of the costs and revenues that Hawkeye accrued and those that ATC and Time, Inc. accrued. C. While Hawkeye is, for the most part, in compliance with the franchise agreement, Hawkeye has not provided a foreign language channel as the payback originally agreed and has changed certain financial arrangements, such as periodand amounts paid on the debt to ATC, which does and will affect its financial status. D. The original franchise agreement set out certain subscriber and other revenue expectations which have been exceeded for the most part. The projected subscriber basic service rates as outlined in the franchise agreement, according to the original franchise, follow more in line with the staff evaluation and the BTC's recommendation than with Hawkeye's request of a $2.00 increase. If you have any questions, please feel free to call me. 0?o9S' .z4 Li City of Iowa City MEMORANDUM Date: June 24, 1983 To: City Council From: a��� From: Assistant City Manager Re: Request from Hawkeye CableVision for Rate Increase Attached please find a copy of a letter from Hawkeye CableVision and accompanying supporting information requesting an increase in the basic service rate of $2.00 per month effective October 1, 1983. This request has been referred to the Broadband Telecommunications Commission for consideration. This request is to be processed as outlined below. Rate increase request is received at least 90 days prior to the proposed date of the increase. The Broadband Telecommunications Commission reviews the request and makes recommendation to the City Council within 60 days. The City Council must hold a public hearing giving 30 days clear notice and must actually hold the hearing within 90 days of that notice. (Note: The Commission is not required to hold a public hearing but may do so if it is so desired.) The City Council must then act on the request no later than 180 days after the date on which it originally sets the public hearing. Any increased rate, if approved, becomes effective 30 days after approval by the City Council. For your general information, the City Council has the option of approving the original requested increase or an amount different from that requested, or it may deny any increase. Council will be kept informed as the review by the BTC progresses. If you have any other questions or concerns regarding this matter, please contact me at your convenience. bdw/sp cc: Broadband Telecommunications Commission City Manager City Attorney David Brown ao95 ,1 F AHawkeye 0 ,903 Cable�Tisio June 7, 1983 Iowa City Broadband Telecommunications Commission 410 East Washington Street Iowa City, Iowa 52240 Dear Commissioners: For almost three years Hawkeye Cablevision has supplied cable i television service to Iowa City. At this time we reaffirm our. commitment to provide the highest quality cable television service available. A wide range of services for residents includes the best in national satellite entertainment programming and an active and vigorous community programming effort.' Hawkeye's commitment to subscribers started with the franchise award in April 1979. Since then, Hawkeye has met its new build construction obligations an a regular basis. As Iowa City grows, Hawkeye Cablevision would like to be in a financial position to grow with the community and continue providing the best entertainment value in town. Recently, for example, Hawkeye added new entertainment programming, Music Television (MTV), the popular cable music channel. In order to keep growing in this rapidly changing industry, Hawkeye Cablevision must receive an equitable and fair return on its investment. During the franchise process the city recognized a 13 percent to 17 percent ROI (Return on Investment) as acceptable. As the attached documents show, Hawkeye's ROI since 1980 has been significantly below an acceptable rate. To assure continued growth with the community, excellent customer service and a fair and equitable return on its investment, Hawkeye proposes its first rate increase. Even with the proposed rate increase, Hawkeye's 1983 ROI would still fall ao?s Gi far below an acceptable level. However, Hawkeye also recognizes that trying to bring the ROI to an acceptable level might limit the total number of subscribers and reduce gross revenues. Thus, Hawkeye proposes limiting the rate increase to $2.00 for basic cable service. This is the first rate increase proposed since the franchise was granted four years ago. During this time prices for virtually all of our supplies have risen along with wages and benefits for our local employees. Additionally, although copyright fees increased earlier this year, Hawkeye continues to offer the same channels it provided before at no additional cost to Iowa City subscribers. Yet, our costs increased substantially. j The cable television industry continues to change and our outlook is optimistic. Hawkeye is proud of the service it has provided to Iowa City residents. We look forward to a continuation of excellent service in this growing community. We have attached financial information to assist the commission in its rate review. If you should have any questions regarding the financial statements or contents of this letter, please do not i hesitate to contact me. Sincerely, Bill Blough Hawkeye Cablevision ,70?.,V City of Iowa City MEMORANDUM Date: August 5, 1983 To: City Council � i From: W.O. "Bill" Terry, BTC ChairpersonY'154 Re: The BTUs recommendation regarding Hawkeye CableVision's rate increase request BTC RECOMMENDATION TO COUNCIL: Moved by Terry, seconded by Ehninger, that the BTC recommend to City Council that Hawkeye CableVision be granted a 95 cent or an 11.9% increase in the basic service rate, based on an average increase in local operational, origination and administration costs to Hawkeye from 1981 to 1982. With four Commissioners present, this motion was unanimously approved. BACKGROUND OF THE RATE INCREASE REQUEST AND THE BTC'S RECOMMENDATION Following is a synopsis and comments of the BTC to Council regarding the recommendation. Further details will be available from the minutes of the meetings. The BTC would like to meet with Council to discuss this recommendation. In this discussion other BTC recommendations, including the required extension policy and suggested ordinance amendments may also be covered. As an advisory commission to City Council, the BTC is charged with the responsibility of making a recommendation to the Council on the matter of Hawkeye CableVision's request for an increase in basic service rates of $2.00. The BTC has 60 days in which to make this recommendation from the time of the request filing, which was June 7, 1983. As per ordinance 78- 2917, section 14-76, Hawkeye has filed their rate increase request and Justified their request for arguing their goal, as stated in their original proposal to Iowa City, of reaching an average of 13% to 17% return on investment (ROI) over the first ten years of the franchise will not be reached if an increase of $2.00 is not granted. Hawkeye and ATC project an 11% average ROI for the 15 year franchise without an increase in rates. From the financial information supplied the City, and that requested by the BTC, the BTC finds that the evidence presented by Hawkeye to justify their rate increase request to be inconclusive. This is primarily due to the facts that Hawkeye has: 1) only been in operation for three years, and 100% operational for only 15 months, therefore it was difficult for the BTC to determine a 15 year projection could be made based on the current track record; 2) Hawkeye has continued to -grow in terms of dubscribers and rate of return every year at a rate of 3% to 4%, although this rate of growth has slowed somewhat. 0? 095 It is still unclear and difficult to attempt to project a leveling off or plateau effect in subscriber levels and thus gross income for the company. Such a plateau effect normally does occur in cable systems, and Hawkeye has argued that effect is starting to occur now; 3) it became clear that Hawkeye's financial status and growth as a company is interwoven with ATC and Time, Inc. 's finances, through the interest payments, management fees and pay channel costs returned to ATC and Time, Inc. The BTC was unable to determine exactly the extent to which this relationship does or should affect Hawkeye's ROI. Therefore, the BTC recommends there is not enough of a basis or accumulated information upon which to decide a projected rate of return calculation using traditional ROI procedures. However, it is recognized that: 1) Hawkeye has had to build considerably more cable plant than originally anticipated (at least 60 miles more plant); 2) that construction costs have been higher than anticipated; and, 3) that there have been increased costs on the local level categorized as operational, origination and administration costs. It is upon an average of these local increased costs in C. above from 1981 to 1982, which the Finance Department pointed out to the BTC, that an increase is recommended. This increase would amount to 95 cents per month more in .the basic service rate, or an 11.9% increase. This is not to say more traditional ROI procedures should not be used in the future, or that this method of computing an increase should be used heretofore. This next year should give the City an indication of how close Hawkeye's projections are, so that any futrue rate increase considerations will have more history and a company projection on which to be based. It was noted that if at any point Hawkeye appears to be making more money than the average 13% to 17% ROI, the Commission can recommend, and the City Council can reduce basic service rates a— ccord n91Y. There were several concerns expressed by the BTC during their considera- tions. In the financial area, ATC and Hawkeye's original proposal projected a basic service rate of $8.95 through year ten of the franchise. The requested increase at this time would mean a $9.95 rate at year four of the franchise. Also, that the interest payments to ATC and Time, Inc. will continue to be substantial throughout the life of the franchise, when the original proposal projected a repayment of loans at year eight of the franchise. There was also mention by the BTC of the potential growth in revenue in other areas Hawkeye may become involved in, such as advertising, data services, security services and increases in the pay channel costs. While considering a rate increase request, the City does not have to confine itself to financial analyses only. The City may include in its review, but is not limited to, overall franchise compliance, management efficiency, services provided, and upgrading of the system. In that vein, some Commissioners expressed concerns about the specific amount and uses of the management fees to ATC, and management cooperation of ATC in conjunction with the BTC in the form of a lack of responsiveness on the ao9.s part of ATC in providing letters back to the BTC involving the extension Policy. financial information and the provision of requested programming services, such as a foreign language channel and a better weather channel. However, it was noted that there have been new programming services offered on the Iowa City system such as CNN, SNC and MTV; that cooperation on the local level regarding the resolution of the extension of cable to new areas has been good and that company support of access related activities has been far above average. There has been no weighting system devised to evaluate such points in regard to a rate increase request, yet such points can figure in such a determination and were included in the considerations of the BTC. Because of the magnitude of the task of rate regulation, the bulk of material to be processed, the need to determine precisely the right questions to ask in such a process, the number of ways rate regulation can be approached and the relatively short timeframe within which the BTC must come to a recommendation (60 days), it is suggested that for this process it would have been extremely helpful if: 1) the BTC would have had the assistance of a third party consultant to make such determinations as fair and efficient as possible; 2) the BTC could have had more than the allotted 60 days to make a recommendation, which could be accomplished by an ordinance amendment; and 3) the Finance staff could have had the latitude to make a definite recommendation to the BTC. If the Council decides to grant Hawkeye CableVision a rate increase, the BTC Chairperson is expressing an interest, which was endorsed by the BTC members, that any more revenues generated to the City be used to give the BTS position and/or office the compensation and/or funds that cre more commensurate with the pay scale similar positions receive across the country and with the work that yet needs to be done with cable TV in Iowa City so that: 1) high quality personnel are attracted to and can be kept in Iowa City; 2) Iowa City continues to progress as a model system and provide more benefits to its citizens; and 3) the future work, such as access related, civic related, institutional uses, interactive services and potential City funds, savings and/or revenue producing endeavors can be realized. It is recognized that the majority if not all expenses incurred involving cable will be paid for by the franchise fee. The BTC is very grateful for all of the assistance provided by the Finance Department, the City Manager's office, the legal staff and the BTS in this process. bdw/sp ao9s Monthly Rate Basic Servic Extra Outlet Video Tape Re FM Service Premium Servi Bone Box Of Cinemax Bane Box Of J ,J i I SANKEYECAeIErISION MWORMON REMM CN INVFSMM Years Ended December 31, 1980 through Domer 31, 1983 Cumulative April 11, 1979 Year Ended December 31, to 1981 1982 1983 December 31, 1980 Projected I�turn: I Net income/(loss) before tax $( 252,012) $( 454,250) $( 118,558) $ 150,509 plus interest 112 1136612,775 609,274 602,700 ( 141,876) 158,525 490,716 753,209 Provision for income tax (a) 72,924 ( 81,482) ( 252,228) ( 387,149 i $( 68,952) $ 77,043 $ 238,488 $ 366,060 j 1westment: Average net tangible arca intangible assets, at cost $2,248,154 $4,143,644 $4,281,907 $4,223,034 Working capital allowance 31,254 155,661 176,815 195,890 $2,279,408 $4,299,305 $4,458,722 $4,418,924 f(eturn cn InvesbTent 1.8% % 8.33 ONP51 FMNKM Qu3IEVIsIoN CORPDRATION SnUMM NP CF OPERNMONs Years Ended December 31, 1980 through December 31, 1983(b) Cumulative April 11, 1979 to December 31, 1980 Revenues: Service - CATV $ 69,187 Pay programming 80,419 149,606 Connection and other 32,491 182,097 Expenses: Operating and origination 97,067 Selling, general and administration 152,965 Depreciation and amortization 73,941 Interest 110136 MO -Off Net Inoane/(Loss) Before Income Taxes $( 252,012) Year Ended December 31, 1981 1982 1983 Projected $ 726,060 $1,034,564 $1,265,37 874,052 1,140,737 1,381,22 1,6001112 2,175,301 2,646,60 95,265 95,620 79,77 1,695,377 2,270,921 2,726,37 701,587 863,346 980,78 ; 543,704 551,170 586,34 291,561 365,689 406,04 612,775 609,274 602,70 2,149,627 2,389,479 2,575,86' $( 454,250) $( 118,558) $ 150,50 W, • I:r � 1 1• M �ly �5.1r.,ti December 31, 1980 through 1983 (Projected) a) On a consolidated incase tax reporting basis net operating losses generated by one system offset taxable income generated by other systems rin the current year. The 1980 operating loss of Hawkeye has, therefore, eflect the(and the taxdecreaseturn an resultingvestment from theosubjecttooperating loss) to b) Years ended December 31, 1980 through 1982 per audited financial statements. Year ended December 31, 1983 Projected based on historical information and budget. Interest and management fees per audited financial statements have been adjusted as follows to reflect the actual allocation of costs incurred by the parent company (American Television and Communications Corporation); Cumulative April ll, 1979 Year Ended December 31 to 1981 1982 De2e r 111 lgg0 Net income/(loss) before income taxes $(331,525) $(585,786) $(260,180) Less Adjustments: Interest ( 76,927) Management fees 2, (183,001) (200,460) Adjusted inane before taxes S(25� 2,012) 586) 51,465 58,838 � $ (454,2 S (116,558 c) Projected includes Basic increase of $2.00 effective October 1, 1983, HBD increase of $1.00 and Cinemax increase of 500 effective July 1, 1983. If all increases had been effective January 1, 1983, the return on investment would have been 10.78. J r�� Harli��{QyQ Programming Costs 1981 HBO 186,412 MAX 142,851 1982 HBO 255,048 MAX 175,093 P.O. Box 4500 546 Southgate Avenue Iowa City, Iowa 52240 319-3SI-3984 A subsidiary of American Television 6 Communications Corp. ao9s MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION SPECIAL MEETING - JULY 20, 1983, 5:00 PM CIVIC CENTER CONFERENCE ROOM MEMBERS PRESENT: Ehninger, Madsen, Sigrin, Terry MEMBERS ABSENT: Johnson MEMBERS EXCUSED: Johnson OTHERS PRESENT: John Campbell, Press -Citizen; Bill Blough and Karen Kalergis of Hawkeye Cablevision; Kathy Cance, Regional Manager for ATC STAFF PRESENT: Shaffer, Monica Bieri, Dave Brown RECOMMENDATIONS TO COUNCIL: None. MATTERS PENDING COUNCIL -COMMISSION DISPOSITION: Hawkeye's rate increase request for basic service. MEETING CALLED TO ORDER: Meeting called to order at 5:15 PM. SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN: The BTC initiated discussion regarding Hawkeye CableVision's rate increase request. Bieri of Finance Department highlighted areas of her analysis of the financial information presented by Hawkeye. Bieri noted lower ROIs received by Hawkeye during 1979 and 1980 were probably due to high costs during the heaviest construction period. She said there does not appear to be a cash flow problem for Hawkeye at this time. Bieri said she had not received an amortization schedule so she could not comment on the comparatively large interest line item payments made by Hawkeye to ATC and whether and how much this item may decrease in future years. The projected 8.3% ROI for 1983 included in Hawkeye's financial information does include the increase in pay channel revenues and an assumption of a $2 basic rate increase effective October 1, 1983. Current penetration levels are 52 to 53% for basic service, 60% for HBO and 40% for Cinemax. It was not determined at the meeting how much of the pay channel rate increase is kept by Hawkeye. The decisions to raise HBO and Cinemax rates in July 1983 were made by ATC. Ehninger pointed out the high volume of construction going on in Iowa City may be a good potential of new revenue for Hawkeye. Hawkeye stated that most current construction involves apartment complexes and that is where Hawkeye's penetration rates have traditionally been the lowest (32-33%). - o?o9s BROADBAND TELECOMMUNICATIONS COMMISSION JULY 20, 1983 PAGE 2 Several Commissioners pointed out this is a 15 year franchise agreement and to reach a double digit ROI this soon may be premature. Cance from ATC pointed out she believed the BTC should note Hawkeye is less then halfway to their financial goal at this point and that the ROI will not continue to increase as it did in 1981 and 1982. The ROI for Hawkeye has been -3%, 1.8%, 5.3% for 1979-1980, 1981 and 1982 respectively . Bieri pointed out the substantial growth in 1981 and 1982. Blough said those two years represent the largest growth the system will ever experience, and a plateau effect in subscriber growth and revenue is already occurring. The viability of cable advertising as a revenue activity for Hawkeye was discussed and the BTC requested Shaffer further research this subject. The factors of unregulated comp:, -tion in the form of Low Power TV (LP' � Direct Broadcast Satellite (OBS) and others, and their effect on Hawkeye were discussed. Ehninger inquired if Hawkeye had obtained basic service rate increases in Coralville and University Heights. Blough stated Coralville and University Heights' rates are tied to Iowa City's, and that their rates would automatically be raised if Iowa City allowed basic rates to increase. It was determined the financial information presented by Hawkeye to the BTC incorporated the revenues and expenses for Iowa City, Coralville and University Heights. Terry stated he did not like this approach of compiling different cities' figures. Hawkeye pointed out costs for building the Iowa City system were much higher than originally anticipated partly due to having built 160 miles of plant instead of the originally projected 120 miles. Management fee payments to ATC from Hawkeye were discussed. It was determined these fees are a set contract amount - either 5% of Hawkeye's gross revenues or $2,000 per month, whichever is greater. Bieri was asked, in light of the discussion at the meeting, what her opinion of the rate increase was. Bieri stated she believed there is not enough history to support an increase, especially a $2 increase. Madsen requested a further breakdown of the operating, origination and administration line items. Terry asked for a debt reduction schedule for the rates Hawkeye owes up to the current $4.4 million spent on the Iowa City system. ANNOUNCEMENTS: This meeting will be adjourned after A hours and will be continued at 5:00 PM on Tuesday, July 26, 1983. PUBLIC DISCUSSION: 0709-' BROADBAND TELECOMMUNICATIONS COMMISSION JULY 20, 1983 PAGE 3 None. The primary purpose of this meeting of the BTC is the consideration and/or recommendation by the Commission regarding Hawkeye CableVision's rate increase request for basic service in Iowa City, which was submitted on June 7 to the City Clerk's office. Shaffer distributed copies of Section 14-76 of Ordinance 78-2917 which pertains specifically to the matter of rate increase consideration. Shaffer also distributed copies of the page from Hawkeye CableVision's franchise proposal from which Hawkeye Cablevision drew its justification for a rate increase request (i.e. the 1fiancal goas stated by 3-17%ireturnlon investment over ythe afirst sten years ofion of �the franchise)of . Terry caldieri of he 's Financ artment for her appraisalleofupHawkeyecs Brequest tand C�thes financialepr on Monia statementsand justifications submitted'by Hawkeye. Bieri commented on the significance of the timeframes involved in this rate increase request, in particular, that in 19frames0 operating revenues were down due to this being a in construction p rirod ate t oreturn.Sut UDuringbscribers. These const uction,vrevenu enues se areemost calculating e always down, making the rate of return look bad and it will not look goo until the system is at full operational level. Bieri noted that in her estimation there does not appear to be a cash flow problem at this time. This is because, without the expense item oa non-cash n the operatingpstatement,reciation eHawkeyeense �ismshowing awhich snet income. Revenues have increased considerably fromperiods to 198; and 1982)eri aand ted that these are the two true operating p Commission should Boeri'd notedse 'thatre shesihadfnotnseena the anamortization period: Finally, schedule -and so she could not comment on what the Commission shout statement -inwhiregard eg adto the significant einssizePenTheoretically, se line item � he sthe aid, the principal amount should start decreasing and, in turn, the interest payments would also start to decrease. This would, therefore, increase the net income as well as increase the rate of return. Sigrin requested for the record the origin of the information on which Bieri had based her comments. Bieri stated she had reviewed the financial reports filed by Hawkeye with the City Clerk's office for calendar years 1981 and 1982 and the information submitted by Hawkeye.as justification for the rate uest ' rin asked opportunity to bserveeHawkrwhether Hawkeye's booksherself and Bieri stated she had orts re one of the largest tenrfedms int the country land pthat athe a udited y auditing firm's credibility is on the line if inaccurate statements are presented. Slough explained the methods by which the financial information iant together and substantiated.' Ehninger brought up a question of an appar discrepancy between the franchise fee received by the City of Iowa City and the total revenue recorded in the financial statements presented by a7el.S BROADBAND TELECOMMUNICATIONS COMMISSION JULY 20, 1983 PAGE 4 as prepared Hawkeye. Although Blough staclarify what was represented by thed that this information wamounts. Terry yy ATC, he did attempt to clarify d at stated the question was The aimmediiatenquestion oft one and htheddibsddrepancy betweennthe ata later meeting. franchise fee amount and the total revenue reported in Hawkeye's financials was left unresolved. Madsen asked whether the Hawkeye financial statements are showing a reduction in principal of the loan debt accrued by Hawkeye. Bieri replied she did not believe that such information would affect the operating expense statement, and that no debt repayment schedule or amortization schedule was available so that any reduction in the principal is not a known factor. Terry asked whether the 8.3% return on investment projected for 1983 mentioned by Blough includes the HBO and Cinemax increases which Hawkeye instituted on July 1, 1983. Blough stated that the projection does include those increases and also represents an assumption of a granting of a $2.00 increase in basic service rates from October 1 through December 31, 1983. ROI for 1983 would be with ut the Terry rate ithen asked Blough Blough whatdthe was unsure what that amount owould be. 00 Terry inquirehow much of the increase in the rates for HBO and Cinemax are direct costs to Hawkeye from the suppliers of HBO and Cinemax. Slough d said he was unsure of the exact figures and that the extra charges are split between the program supplier and Hawkeye. Hawkeye uses the funds from these pay channels to cover their costs such as the purchase and installation of traps to filter out the pay ser Shaffer asked to those not subscribing to them, in other words, for security purposes. that if such costs were increases in costs to Hawkeye. Blough responded that these are not increased costs. Blough said it is the pay chan enable the basic service cost to remain low and even for over 12 channel cable systems to exist. Madsen inquired about the overall changes in pay channel subscriber costs. Blough responded HBO was first sold for $6.95 and is now selling for $9.95 and that Cinemax started at $8.95 and is now selling for $10.45. Sigrin asked if charges for these services were set by Hawkeye's parent company, ATC. Cance responded that such charges are set by HBO and Cinemax, which are subsidiaries of Time, Inc., and ATC is a separate subsidiary of Time, Inc. When asked who decided to raise the pay channel rates in July, Cance responded that was an ATC decision. is.a lot of new construction going on in the city Ehninger commented there which appears to be close to the existing network that will only require drops and that this situation should assist Hawkeye's financial situation. Blough responded that there is an investment cost involved in t apartment buildings average only 32-33% wiring such buildings and tha penetration. Cance said the igh turnover of residents in,apartment h beilCance sstressed thatteven ifese �Hawkeyets the mhadyaa$2.00kers tincreasewouldforpall of 1983, their return on investment would have only been about 10%. BROADBAND TELECOMMUNICATIONS COMMISSION JULY 20, 1983 PAGE 5 Cance described why there was a need for a 15% return on investment, citing the business investor risks involved, technical obsolescence, competition in the form of radio and television stations, noting that cable is simply an entertainment medium like those competitors. Shaffer interjected that whether cable TV is an entertainment medium only and what real competition means to cable TV is being debated in state legislatures and in Congress right now. Madsen asked whether it was reasonable to expect a 13-17% return on investment at such an early point in franchise, with 100% of the City being served for only a little more than one year. Cance said no, and that's why they are only requesting a $2.00 increase in basic rates, bringing the return on investment from 1983 to 8.3%. Also that because such a $2.00 increase would mean a 3% jump from 1982 to 1983 in return on investment (from 5.3% to 8.3% respectively) that a 3% jump for 1984 to 11.3% does not necessarily follow.. Shaffer requested what the return on investment for 1983 would be given no rate increase was granted. Cance said this could be supplied. Terry requested information regarding how much of the pay channel rate increases Hawkeye gets to keep. Cance said they do have confidential agreements with their suppliers but that she could probably supply the total cost and revenue figures that would lead to the information he requests. Madsen and Bieri questioned the need to reach double digit return on investment figures this soon in the franchise given this is a long term proposal of 15 years, even though ATC had set out goals, in their initial proposal, of an average of 13-17% return on investment over the first ten . years of operation. Bieri suggested the BTC was voicing doubts that a need to raise rates to get to double digits by next year seems too fast. Cance says she doesn't understand the concern about speed here, since they are four years into the franchise and only half way to where they want to be. She felt the concern should be whether Hawkeye is making too much money or that they are not doing something that they should be doing in the community and that neither of those things are occurring. Bieri pointed out the substantial growth in the last two years of the franchise. Blough said that such increases will not occur again, and that there will be a plateau of growth reached soon. Since all new growth has to be built underground, this is a very expensive endeavor and will not add greatly to the return on investment. ao9s Li BROADBAND TELECOMMUNICATIONS COMMISSION JULY 20, 1983 PAGE 6 Sigrin asked if Hawkeye has been or is considering local advertising as a future source of revenue. Slough and Cance responded negatively stating local advertising operations for cable systems were not yet a proven business, although they are still open to this idea. Blough mentioned his fear of unregulated services, such as LPTV (Low Power TV), DBS (Direct Broadcast Satellite) and others that will provide strong competition for Hawkeye and the cable industry. Shaffer responded to points made by Cance and Blough. Shaffer said that although there are a number of media choices in Iowa City, there are no TV stations here, and therefore cable is the most viable visual advertising form, given its rates will be more comparable to radio than to TV. Already local companies have provided funds to back access programs, indicating a willingness and interest to advertise through cable. Shaffer said Blough's point of competition is well taken, although cable can do things those competitors can't, such as a multiplicity of channel offerings, local programming services, bundling of services including leased access, data services, radio FM services, institutional network services plus the satellite and local broadcast network services. Blough responded that these other services like OBS will be selling the bread and butter of cable TV - the pay services, which can offer those services fust as easily as cable. Shaffer agreed that they will and that may be why Earl Haydt of ATC is working so hard to experiment with and get local services by cable integrated into communities. Madsen said certainly these forms of competition were foreseen by ATC. Cance said yes, but ATC also anticipated that if they came to Iowa City with their financials and these were not showing a reasonable rate of return and that their rates are not out of line, in fact they are low, that Iowa City would grant an increase. Terry asked what the national average for basic service rates are. Cance said she didn't know and didn't think that would be applicable anyway because of the wide variance in numbers of channels and services in each system. Terry quoted Cance as saying a 17% rate of return is•an average for the cable industry. Cance said this has nothing to do with the basic rate but rather the cost of capital which includes what interest is paid and what is paid the stockholders. Terry said if he were an investor starting a business in Iowa City and got returns of 1.8%, 5.3% and 8.3% in respective years he'd be happy. Cance said that there is also a great debt yet that will take years to be paid off. Madsen said that no large business expects to pay off their debts right away, and this is a 15 year franchise. BROADBAND TELECOMMUNICATIONS COMMISSION JULY 20, 1983 PAGE 7 Ehninger asked if rate increases had been obtained in Coralville or University Heights.. Slough said rate increases for those communities would be automatic with Iowa City's rates because they included that stipulation in their ordinances. Slough said he thought when considering rate increases that financial realities rather than future possibilities or hypotheticals need to be taken into account. Terry inquired if the financials submitted by Hawkeye includes all three systems. Slough said yes, and that may be the reason for the franchise fee discrepancy noted. Slough stated that the effect of building the three systems together was a cost benefit to all concerned. Madsen inquired about the pay channel penetration. Blough said HBO has 60% penetration, Cinemax has 40% penetration, basic services is 52 to 53% penetration and all three services are showing signs of leveling off for maintenance and new construction has to be taken into account too. Madsen said those capital expenditures would have been foreseen by ATC. Slough said 120 miles were originally planned and 160 miles of plant have actually been built. Slough said the original investment in Iowa City has been much higher than anticipated by ATC. Shaffer asked for a clarification of Slough's projected penetration leveling off percentages, since earlier projections were up to 65% penetration of the basic service. Slough said initially he thought penetration of basic may go that high, but that it now looks as if it is beginning to level off in the 50 to 55% range. Terry asked about the management fees to ATC. Cance said that covers services ATC provides such as payroll, income tax reports, FCC reports, etc. Terry brought up the statements Slough told the BTC about the decentralization of the decision making process in ATC, so more decisions are made locally. Slough said he was referring to the clustering concept. with ' those statements. Shaffer stated then the decentralization statements and shift of regional manager Gerry Yutkin in Omaha to Kathy Cance in Denver was not of cost benefit to ATC. The management fees include both services performed by ATC for Hawkeye and management decisions which take time. Some of this time may be saved now that Slough has more decision making control on the local level, while the services performed by ATC (such as accounting) will remain the same. Sigrin asked Shaffer if he had any first hand knowledge of advertising experiments in other communities this size that are showing a profit. Shaffer said he was unsure of this but could certainly collect such information from the Cable TV Advertising Bureau and his other contacts in the industry. Slough said his information has led him to believe most such advertising endeavors are break even propositions. Cance pointed out the fast growth depicted in Hawkeye's financials is an unrealistic projection for the year ahead because, as Slough said, penetration rates are leveling and there will be additional capital expenditure costs. Madsen inquired if the management fee is a contract and set amount between ATC and Hawkeye. Cance said ATC has an agreement with the shareholders a'o9S l BROADBAND TELECOMMUNICATIONS COMMISSION JULY 20, 1983 PAGE 8 that ATC will provide these management services for 5% of the annual gross revenues or $2,000 per month,whichever is greater. Madsen inquired about the differences between the audited statements and the rate financial information supplied. Cance said the audited statements reflect contract figures and the rate financials show actual costs of doing business. She added the interest cost reflected in the rate financials have been "adjusted down because in fact we have incurred less actual interest expense than we are allowed by contract to charge and put in the audited financials so that is favorable for you. For the management fees, except for the first year, the other two years shown, we have actually incurred higher management fees than we are allowed to charge by contract as far as the corporation is concerned." Overall, Cance said, the resulting effect is favorable to Iowa City. Madsen said the BTC could recommend any increase up to $2 or no increase. Madsen asked when Hawkey could come back and ask for another rate increase. Terry said the earliest Hawkeye could request an increase is 12 months from their last increase request (which would be June 7, 1984). Sigrin asked Bieri if she would still agree with the opinion she expressed in her report, that Hawkeye's current rates are ,adequate. Bieri said because of her approach to interpreting Hawkeye's financial statements (which is an emphasis on cash flow and trends) she believes there is not enough history here to support an increase, especially a $2 increase in rates. She said she was unsure when and how much revenues would level off. Even if they do level off, the interest expense line item, which is such a large item, should decrease and the principal should start to be paid off. Cance said the City is seeing giant steps in the first few years, but that this is beginning to and will level off. The company feels, as a result, it is reasonable to come in at this time and ask for a $2 increase for continued growth. Slough said the cable industry looks at patterns and growth in a different way than a city would. Bieri said she just didn't see there is a pattern in these financials that says the company is not going to make their financial goals. Cance said yes, but as the interest goes down the depreciation schedule wiII go up. Bieri said no that is not true with the straight line depreciation method used here. Cance agreed. Terry said he had trouble with Iowa City, Coralville and University Heights figures all put together in the financials received, and in the fact that an increase in other communities would be automatic if one is granted in Iowa City. Cance said that is the only logical way to do business and keep records in such a setting as this one. Slough added that Coralville and University Heights decided to put the stipulations in their ordinances that said their increases would follow Iowa City's, so it was their choice. MAI ff BROADBAND TELECOMMUNICATIONS COMMISSION JULY 20, 1983 PAGE 9 Terry said he has no problem with the company receiving a 13 to 17% average return on investment, but he does have a problem seeing the company reach a double digit return on investment after three or four years of operation. Terry said he is afraid of the company reaching 20 to 22% at the ten year period. Cance said that if they did reach such a ROI it would be a reflection of good business and good management and that is what the City should want to see. Terry said he did not wish to see the company making 22% ROI. Ehninger said she was working here for the citizens of Iowa City and wished to see the rates remain as low as possible. Madsen asked for more of a breakdown in the Operating, Origination, Administration and Selling line items in Hawkeye's financials. Cance said the operating and origination lines wod'J include all technical help, i vehicles, workshops for teaching video, equipment, etc. Selling would include all marketing and advertising costs. Administration refers to management and customer service representatives. i Terry and Bieri asked for a debt reduction schedule for the current debt up to the current $4.4 million spent on the system in Iowa City. Cance said she would do her best to obtain that information before the next Tuesday,, July 26, meeting. ADJOURN: Moved by Madsen, seconded by Ehninger, to adjourn. Adjournment at 7:15 p.m. Respectfully submip4d, William Drew Shaffe Broadband Telecommunications Specialist 4491s- Lf- MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION SPECIAL MEETING - JULY 26,1 983 5:00 P.M. CIVIC CENTER CONFERENCE ROOM MEMBERS PRESENT: Ehninger, Madsen, Sigrin, Terry MEMBERS ABSENT: Johnson MEMBERS EXCUSED: Johnson OTHERS PRESENT: Blough of Hawkeye CableVision; Mavis Dooley, accountant from ATC; John Campbell of the Press - Citizen STAFF PRESENT: Shaffer, Bieri RECOMMENDATIONS TO CITY COUNCIL: None. MATTERS PENDING COUNCIL -COMMISSION DISPOSITION: Hawkeye's rate increase request. MEETING CALLED TO ORDER: Meeting called to order at 5:03 p.m. SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN: The BTC annual report was accepted. A 9ocument was distributed that contains the timeframes by which Hawkeye intends to have wired many of the new housing areas in Iowa City. Discussion with Hawkeye's rate increase request continued, with Shaffer reporting back to the BTC on several issues raised. Shaffer said the University Heights rates are automatically adjusted to Iowa City's but there is still some question as to whether Iowa City's rates will effect Coralville's basic service rates. In response to Sigrin, regarding any precedence being set involving successful company advertising programs, Shaffer said that some initial research indicates there are precedents in this area. Successful cable advertising programsgenerating additional revenue for the cable companies in Chapel Hill, North Carolina, and Doylestown, Pennsylvania, are two examples of such success in systems and communities of similar size to Iowa City. Shaffer queried the Cable Television Information Center (CTIC) about average Return On Investments (ROI) being given cable companies in the United States. CTIC responded that 13 to 17 percent is about average. Shaffer was asked to research any data pertaining to average service rates across the nation. Shaffer cited a study done by 0709.s -v+ MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION SPECIAL MEETING - JULY 26, 1983 5:00 P.M. PAGE 2 CTIC in 1981 showing an average of $9.08 per month for basic service with an average of 62 activated channels. Dooley of ATC presented information requested by the BTC which included data projection charts for the 15 year franchise. This chart estimated an 11 percent ROI average over 15 years if the $2 rate increase was granted (with additional rate increase requests of $1 projected for approximately every three years after 1983). Hawkeye has used as a justification for their rate increase request the goals stated by ATC in their original proposal of attaining a 13 to 17 percent average ROI over the first ten years of the franchise. Hawkeye contends without the basic service rate increase that this average will not be attainable. The BTC had requested an amortization schedule and a debt retirement schedule from Hawkeye or ATC. Dooley said neither schedule exists because ATC does not expect the principle on the payable due them from Hawkeey to be reduced over the length of the franchise and this payable varies from month to month. Hawkeye said they had to build in Iowa City 160 miles of plant rather than the initially proposed 120 miles and that construction and other costs, including inflation,were much higher than anticipated. Madsen pointed out the company's original proposal which indicated that they should be doing very well at this time given the projected penetration rates and the current penetration rates of Hawkeye. She pointed out the basic service rate was projected to be $7.95 in years one through four; $8.25 in years four to six; and $8.95 in years seven through ten. BieriIs memo to the BTC was discussed. Bieri said her concern was that it seems the interest payments to ATC will remain high throughout the life of the franchise; that the interest payments will continue to climb; that the increases in ROI for 1981 and 1982 have been healthy; the cash flow for Hawkeye looks all right; and the management fees to ATC are quite large. Bieri said she does not feel comfortable using the rate'of return analysis because of the lack of history and trends with the cable company here in Iowa City. She added the cost of doing business locally has gone up, and that this is another way of approaching any rate increase request. Blough said he thought he would lose very few subscribers, possibly 50 or 60, if the $2 rate increase were granted. Terry suggested using a standard of living increase cost approach to the rate increase request, so that the BTC would concentrate on Hawkeye's local operational, origination and administration costs. Terry moved the BTC recommend to Council a rate increase of 95 cents representing an 11.9% in increased operational, origination and administration costs to Hawkeye from 1981 to 1982. Terry and Ehninger voted aye; Madsen and Sigrin voted nay. Motion did not carry. ANNOUNCEMENTS: Shaffer distributed several documents for BTC perusal, including the BTC Annual Report and some of the financial information from Hawkeye Cable - Vision's original proposal. a o9.S' MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION SPECIAL MEETING - JULY 26, 1983 5:00 P.M. PAGE 3 Terry distributed a document from Blough. This document outlined all of the new areas in Iowa City and the timeframe within which Hawkeye is planning to provide cable service to them. Blough also stated to avoid any confusion in the future regarding when a new dwelling or new housing area will get cable, all "cn questions will be routed to him personally. PUBLIC DISCUSSION: None. ANNUAL REPORT OF THE BTC: Moved by Madsen, seconded by Ehninger, to accept the BTC annual report as written. Unanimously approved. Terry said the date of April 18, 1982, mentioned in the definition of new housing area of the required extension policy as recommended by the BTC should have read April 18, 1979. Madsen moved that the date in the definition of new housing areas be changed to April 18, this recommended Ehlinger. Unanimously approved. inquired if 1979. Seconded by Madsen i Policy would go to Council 'with the other STC recommended amendments to the ordinance. Shaffer said that there were six such recommended amendments and that all of these would go to Council at the same time. These recommended policies and amendments will not be in effect until or if the Council approves of them. Terry said the BTC has been discussing the rate increase as per their mandate in Section 14-76 of the ordinance. The last meeting the BTC discussed Hawkeye's justification for the rate increase in detail and ATC regional manager Kathy Cance attended this meeting to make a presentation and to help answer any questions. The BTC had more questions and needed more time to digest the material, so the discussion is proceeding today. Mavis Dooley, ATC accountant, is present to answer questions and present other information the BTC has asked for. Shaffer presented some information the BTC requested him to research. Pertaining to the question of whether or not Coralville and University Heights basic service rates will automatically follow Iowa City's, Shaffer said Brown has been on vacation so a legal opinion has not been available. But, Shaffer said, after looking at the two communities' franchise agreements, it appears University Heights' rates do follow Iowa City, while it is still questionable if Coralville does. He added that he felt this does not have to be a factor in the making of the BTC's recommendation, because a legal opinion on this matter will be given to Council if they desire one and '409.5- MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION SPECIAL MEETING - JULY 26, 1983 5:00 P.M. PAGE 4 each of the communities is responsible for its own franchises. Shaffer said he had some information regarding questions that were asked of him by the BTC about advertising potential in cable systems. Most of the systems pointed out to him in his calls were larger systems, as Viacom in San Francisco and Cox in Omaha. However, two of the systems were of comparable size to Iowa City. These were Chapel Hill in North Carolina and Doylestown in Pennsylvania. Both of these systems have been quite successful in their cable advertising revenue generating programs. Shaffer said at least these two systems of comparable size had very successful advertising programs, and were making heavy use of satellite ad availability time. Shaffer said he had checked with CTIC about whether 13 to 17 percent is realistic in terms of a cable company's ROI. CTIC responded that 13 to 17 percent is about average, with 13 percent being a little on the low end. This is information the BTC may use, if they desire to try to base their decision on a return on investment percentage basis. Shaffer was also asked about an average basic service rate or the average basic service rate being charged across the country. Shaffer said he located a survey done in 19'1 by CTIC and Brian Owens. This survey encompassed 31 cities. The average basic service rates for those 31 cities, for an average of 62 channels offered was $9.08. When the t:o low and t..o high rates were not included in this average (the two lows were approximately $5 for basic service while the two highs were $25 for basic service; these costs were significantly different than those in the rest of the cities) the average basic service rate was $8.74 per month. Madsen said she knew, of an FCC study done in 1981 which indicated the average basic service rate was approximately $7.95. Terry asked Dooley if she had any answers to the questions asked of Kathy Cance from ATC, such as an amortization schedule, a debt retirement schedule and a projection of what Hawkeye would get as a ROI over the 15 year franchise if no rate increase is granted. Dooley said Cance had asked her for an amortization schedule and Dooley said she was not sure what was meant by this which is one of the reasons she came to the BTC today. Dooley met earlier in the day with Bieri and Shaffer to discuss the requested information. Dooley said the interest paid by Hawkeye is calculated on the payable due to ATC. This payable is a loan from ATC to Hawkeye CableVision. The interest that is calculated and paid by Hawkeye is an interest payment only, and does not include any of the principal. -So, in that sense there is no amortization schedule to reduce the principal because the principal changes all the time. For instance, every time Hawkeye adds something to the plant or buys a piece of equipment, the payable. increases and the interest increases. The interest is figured monthly at 1.5 percent over prime divided by 12 to come up with the monthly interest due. ATC does not expect the payable to be reduced over the life of the franchise. Terry interjected then that ATC is not showing any debt retirement schedule or amortization schedule. Dooley agreed. Madsen inquired about the loan and loan repayment schedule in Hawkeye CableVision's original proposal, which projected an eight year retirement cgo9S Ci MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION SPECIAL MEETING - JULY 26, 1983 5:00 P.M. PAGE 5 or pay off period, and why that varies so much from the current financial figures provided by Hawkeye and ATC. Dooley said ATC disregards or does not take into account the interest expense on their ROI statements. For instance, when taking a look at 1982 actual costs and revenues, Hawkeye CableVision's actual expenses were $118,000 more than the revenue it generated. But, in the ROI statements provided, the interest payment is figured back in and therefore Hawkeye is showing a profit of 5.3 percent or a net revenue of $238,000. Madsen said she didn't see any way they could continue making payments of $600,000 a year for the length of the Franchise and consider that this was a viable operation. Dooley said the interest debt woulnts d nlytbe will eifcthe amounted some of net income year. Bieri is more than the amount of capital expenditures on plant, equipment, etc. Only then would the debt decrease. Bieri said she believed the debt would remain high as Madsen suggested because of this fact. The more capital expenditures go up for Hawkeye, the more interest payments will increase. Terry asked Bieri if a fair approach to this rate increase request would be to base the BTC's recommendations on any increases in expenses related to the local company, such as operational, origination and administrative processes. Bieri said she thought that would be a fair approach and up to the BTC to decide if that is what they want to do. Madsen suggested taking closer look at cost categories. lSheefelt those d in the expenses wererh9ghtfor a system of this size. Madsen also said that she finds it unfathomable that a company the size of ATC could be so far off from their original proposal. The proposal stated that inflation was taken into account in their projection; that a 48 to 53 percent penetration rate was projected for basic service and that Iowa City's basic service penetration rate is about 52 percent now; the one pay channel of HBO was projected to be at 43 percent penetration and Iowa City's two pay channels have a 60% and 40% penetration rate; ginal proposal and the basic service rates in the ori were projected to be $7.95 from years one through four, $8.25 in years four through six, t , ATC and and $8.95 in years seven through ten. Yet Hawkeye now say ayear four they need a $2 increase. Dooley said that proposal is one that was put together in 1978, and that there has been anosal ticipatede120 miles Of plant beinginflation sincehbuthat the had to be built (or 194 miles iIt when in fact 160�miles of plant University Heights of plant for all three communities and Of and that those construction costs were much higher than anticipated. Madsen said ATC is essenially saying t because of their miscalculations an what it would take to build the system Hawkeye the BTG is being asked to cover this and at the rate of return ATC or substantial oricostginally dset as t err goal. Dooley agreed that there were what was originally projected. Ehnined uch of th Dooleyesaidkthisoyisma privateecon ractualcost�agreementtwithiHBOoandCthis information Hawkeyegets the be to Possibleucost for HBOiandeCinemax even thoughyththat ese Li MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION SPECIAL MEETING - JULY 26, 1983 5:00 P.M. PAGE 6 are separate subsidiaries of Time Inc. She said that the information requested by the BTC could be made available under some kind of confidential agreement to avoid trouble with their competitors. Terry said the BTC is a public body and all information given to them is public, so that this kind of an arrangement could not be accomplished. It was' made clear the BTC has no control over the pay channel costs, yet those revenues are figured in the overall financial picture of Hawkeye. Madsen asked about the large net revenue made from the pay channels and what happens to this money. Blough said that this money is used to offset Hawkeye's other costs. Terry pointed out some figures from Bieri's memo said there has been an increase of July 11, 1983. He in operating, origination and administration costs of about 11.9 percent. Terry asked the other Commissioners how they felt about approaching the analysis of the rate request in this way. Sigrin said he wanted to ask Bieri to review the status of this request as she sees it from a financial perspective. He said he thinks there seems to be two issues involved here. One issue being that ATC and Hawkeye greatly underestimated their expenses in build..:: the system and the other deals with the financial information presented and the varying interpretation of that information. Bieri said she based her opinions in her memo on conventional accounting methods. Therefore, she anticipated a reduction in interest payments at some point, which ATC says will. not necessarily be the case. Her concern is that there has to be a sLubstantial growth in revenue or rate increases in order -to see any reduction in the payable to ATC. The estimation will contidebt or interest payments in her nue to climb. Also she pointed out that 1979 to 1980 were heavy construction periods where costs would normally be high and revenue could not be expected to be high, so the -3% ROI makes the overall financial picture look worse than it really is. Bieri also ,painted out the high management fees paid to ATC. Bieri looks atitinterms of history and cash flow. Cash flow does not look bad for looks at However, she said the cast of doing business has gone up and that is one way to approach this rate request. She said she is still uncomfortable with the rate of return analysis because there are a lot of hills and valleys and no trends yet can be established with the cable company in Iowa City, Therefore, approaching this question from the standpoint of increased operating costs to the local companies is one viable alternative. Dooley presented a 15 year projection including ROI figures in response to a request from Shaffer: This projection shows a one dollar increase in HBO and every two years after July Cinemax as of July 1 1, 1983; a fifty cent increase in and every two years after July 1, 1983; an assumption of a two dollar basic service rate increase in October of 1983 and a raise in basic service rates of approximately one dollar every three years thereafter. This projection chart went to year 1994 and indicates an average of 11 percent ROI. Sigrin asked if there were any 4? 093 MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION SPECIAL MEETING - JULY 26, 1983 5:00 P.M. PAGE 7 revenues associated with advertising possibilities on this chart. Dooley responded no. Blough said he thought the risk of the investment to start such an advertising program in Iowa City would be great. Sigrin asked Shaffer if there were precedents for such an advertising program and Shaffer said that there were. Ehninger asked Blough how many subscribers he thought he would lose if they were to get a $2 increase. Blough said he thought very few, maybe 50 or 60 subscribers, but that he thought those people would come back and subscribe again at a later date. Terry said he has leaned towards the approach Bieri suggested, which takes into account the increases in local operation, origination and administration costs. Terry moved that the BTC recommend to Council a rate increase be granted to Hawkeye of 95 cents, or representing an 11.9 percent increase in Hawkeye's operation, origination and administration costs for 1981 to 1982. Seconded by Ehninger. Madsen asked how those figures were arrived at. Bieri pointed out the figures in her memo and how the 11.9 percent inflationary increases from 1981 to 1982 in those cost categories were determined. Bieri did not include any consideration of the 1979 to 1980 period. Terry said that the BTC recommendation to Council on this matter should include a justification as to how the recommendation was reached and that this method seems fair and best at this point. Sigrin asked Bieri if that was her recommendation to the BTC. Bieri said the decision was up to the BTC. Madsen inquired if any other costs or considerations would be taken into account in this recommen- dation. Blough said Hawkeye and ATC tried to use a rate return analysis for their rate increase request justification. Dooley said a shortcoming of approaching the rate increase as Terry has suggested is that for example if ATC had built a slipshod kind of system for much 'less money than it has, it could be showing a high ROI, but the system would be having a lot of problems. ATC chooses not to build systems that way. Terry said he would rather take this approach, maybe just for this year, then next year or whenever Hawkeye comes in again for another rate increase request there will be more of a history to base the rate of return analysis on. Motion called to question: voting aye on the motion made by Terry were Terry and Ehninger. Voting nay were Madsen and Sigrin. Motion did not carry. Sigrin said he would like to have more time to digest all of the information given the BTC. Also he said there seems to be a variety of approaches to this issue and that he would like to study it further. Madsen agreed. The next BTC meeting is set for 4:00 p.m. Thursday, July 28, 1983. a a9,s' MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION SPf"... PA( AD, Mov Adj Res Wil Bro -1 rc• MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION SPECIAL MEETING JULY 28, 1983 4:00 P.M. CIVIC CENTER CONFERENCE ROOM MEMBERS PRESENT: Terry, Madsen, Sigrin, Ehninger MEMBERS ABSENT: Johnson MEMBERS EXCUSED: Johnson OTHERS PRESENT: Blough of Hawkeye Cablevision; John Campbell of the Press -Citizen; Meryn of the Daily Iowan STAFF PRESENT: Shaffer, Bieri RECOMMENDATIONS TO COUNCIL: Terry moved and Ehninger seconded, that the BTC recommend the City Council grant Hawkeye Cablevision a 954 increase in basic service rates, or an 11.9% increase, based on an average of the increase in operational, origination and administration costs incurred by Hawkeye from 1981 to 1982. MATTERS PENDING COUNCIL -COMMISSION DISPOSITION: Hawkeye's rate increase request for basic service. MEETING CALLED TO ORDER: Meeting called to order at 4:00 p.m. SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN: Terry read a statement prepared by Shaffer and himself, which attempted to synopsize the discussion to date on the rate increase request and to point out alternate directions the BTC could take. The BTC agreed there was not enough of a basis or history to grant Hawkeye an increase based on a projected return on investment over a ten or fifteen year period of the franchise. The BTC did recognize several areas of increasedcost to Hawkeye, including: a) increased operational, origination and administration expenses; b) building approximately 40 more plant miles than anticipated; and c) higher construction costs than were anticipated. It is upon category a. above that the Commission based their recommendation for a 954 increase in basic service rates. The BTC suggested the standard of living increase approach, but also suggested future rate increase requests should not necessarily be determined by this method.. Each STC member expressed concerns about a variety of factors regarding these proceedings and about the company in general, including: the originally projected basic rate structure, which was to reach $8.95 by year ten of the franchise; the apparent change in interest payments and reduction schedule from Hawkeye's originally -projected debt completion by 02095- Broadband Telecommunications Commission July 28, 1983 Page 2 year eight to the current plan where substantial interest payments are to continue throughout the life of the franchise; the lack of time in determining a recommendation for Council on this matter; the inclusion of other matters in the consideration of a rate increase request, such as the company's support of access, management efficiency, and overall franchise compliance; the continued need for a foreign language channel and a better weather channel; the difficulty in sorting the financial information regarding interest payments, management fees and pay channel costs to ATC and Time Inc.; the need for a third party consultant in a process such as this. The BTC also noted that there have been new programming services offered in Iowa City such as CNN, SNC and MTV; that the cooperation on the local level regarding the resolution of the extension of cable to new areas has been good and that the company's support of access related activities has been far above average. The BTC asked Hawkeye to file with the City Clerk their extension policy; to continue to upgrade the system and access equipment with the state of the art; and to ensure no further disparate or varying information comes from Hawkeye to citizens. There was also discussion of how City cable related funds should be spent and how more funds for this area may be obtained. ANNOUNCEMENTS: Terry asked for a holiday in August so that no regular BTC meeting would be held. The BTC agreed to this. He did request the subcommittees to meet in August. PUBLIC DISCUSSION: None. BTC CONSIDERATION'AND/OR RECOMMENDATION -REGARDING HAWKEYE CABLEVISION''S BASIC SERVICE RATE INCREASE REQUEST: Terry read a statement of status prepared by Shaffer and himself. The statement read as follows: As an advisory Commission to City Council, the BTC is charged with the responsibility of making a recommendation to the Council on the matter of Hawkeye Cablevision's request for an increase in basic service of $2. The BTC has 60 days in which to make this recommen- dation from the time of the request filing, which was June 7, 1983. As per ordinance 78-2917, Section 1476, Hawkeye has filed the rate increase request and justified their request by stating their goal, as quoted from their original proposal to Iowa City, of reaching an average of ,13-17% return on investment (ROI) over the first ten years of the franchise will not be reached if an increase of $2 is not granted. Hawkeye and ATC project an 11% average ROI over the 15 year franchise without an increase in basic rates. From the financial' information supplied the City, and that requested by the BTC, the BTC finds that the evidence presented by Hawkeye to justify their rate increase request to be inconclusive. This is primarily due to the facts that Hawkeye has: 1) only been in operation for three years and 100% operational for only 15 months, therefore it has been difficult for the BTC to see how a 15 year projection could be made based on this limited go9S Broadband Telecommunications Commission July 28, 1983 Page 3 track record; 2) Hawkeye has continued to grow in terms of subscribers and rate of return every year at a rate of three to four percent although this rate of growth has slowed down somewhat. It is still unclear and difficult to attempt to project a leveling off or platequ effect of subscriber levels and thus gross income for the company. Such a plateau effect normally does occur in cable systems, and Hawkeye has argued that effect is starting to occur now; 3) it became clear that Hawkeye's financial status and growth as a company is interwoven with ATC and Time, Inc's finances, through the interest payments, management fees and pay channel costs returned to ATC and to Time, Inc. The BTC has been unable to determine exactly to what extent this relationship does or should affect Hawkeye's ROI. Therefore the BTC has found there is not enough of a basis or historical information upon which to decide a projected rate of return calculation using traditional ROI procedures. The BTC does not find an adequate basis for a recommendation of an increase in basic rates based upon this method. However, it is recognized that: A) Hawkeye has had to build considerably more cable plant than originally anticipated (approximately -TO miles more plant); B) that construction costs have been higher than anticipated; C) and that there have been increased costs on the local level categorized as operational, origination and administration costs. One alternative the BTC has is to recommend a standard of living increase based uponan average of the local increases in costs in C. above from 1982 to 198:. This increase would amount to 954 per month more in the basic service rate, or an 11.9% increase. This is not to say more traditional ROI procedures should not be used in the future, or that this method of computing an increase should be used henceforth. This next year should give the City an indication of how close Hawkeye's projections are,i so that any future rate increase considerations will have more history and a company projection on which to be based. It was noted that if at any point Hawkeye appears to be making more money than the average 13-17% ROI, the Commission can 'recommend and the City Council can reduce basic service rates accordingly. There were several concerns expressed by the BTC during their considera- tions. In the financial area, ATC and Hawkeye's original proposal projected a basic service rate of $8.95 through year ten of the franchise. The $2 requested increase at this time would mean a $9.95 rate at year four of the franchise. Also that the interest payments from Hawkeye to ATC and Time, Inc., will continue to be substantial throughout the life of the franchise, when the original proposal projected a repayment of loans at year eight of the franchise. There was also mention by the BTC of the potential growth in revenue in the other areas Hawkeye may become involved in, such as advertising, data services, marketing or security services and increases in the pay channel costs and/or additional pay channels. While considering the rate increase request, the City does not have to confine itself to financial analyses only. The City may include in its review, but is not limited to, overall franchise compliance, management efficiency, services provided, and upgrading of the system. In that vein, some Commissioners expressed concern about the specific amount and uses of a? 0$" Broadband Telecommunications Commission July 28, 1983 Page 4 the management fees to ATC, and management cooperation of ATC in conjunction with the BTC in the form of a lack of responsiveness on the part of ATC in providing letters back to the BTC involving the extension policy, financial information and the provision of requested programming services such as a foreign language channel and a better weather channel. However, it was noted that there have been new programming services offered on the Iowa City system such as CNN, SNC and MTV; that cooperation on the local level regarding the resolution of the extension to new areas has been good and that company support of access related activities has been far above average. There has been no weighting system devised to evaluate such points in regard to a rate increase request, yet such points can, and the BTC believe should, figure in such a determination. Finally, because of the magnitude of the task of rate regulation, the bulk of material to be processed, a need to determine precisely the right questions to ask in such a process and the relatively short time frame within which the BTC must come to a recommendation (60 days), it is suggested that for this process it would have been extremely helpful to have the assistance of a third party consultant to make such determi- nations as fair and efficient as possible. Terry said he hoped that this statement helps to bring some of the points raised in previous meetings to the foreground for further discussion today. Madsen said she had written down several of the same points mentioned in the statment that was read. She added that she has felt frustrated in this process and has found things difficult to sort out because of the way ATC and Hawkeye has answered some of the financial questions. She questioned in particular the interest payments to ATC, management fees to ATC, 'the revenues kept over expenses by ATC and Hawkeye regarding the pay channels, and the ability to write off losses or cross subsidize one system with another. Those areae she said, are of legitimate concern and she felt it was too bad the BTC had to confine its recommendation based on operational, origination and administration expenses - but that this is what needs to be done at this time due to the deadline stipulation of the ordinance. Madsen said that in future rate increase request proceedings hopefully very specific breakdowns of the operational, origination and administration expenses would be available. Madsen stressed the need for ATC to provide timely information, including a prompt and quick filing of the extension policy with the City Clerk. She saw the need to continue to monitor the availability of access equipment, although she was pleased with the maintenance and repair contract for the access equipment that Hawkeye has obtained and the fact that Hawkeye has purchased several thousands of dollars in additional equipment for access use. The BTC had to work hard to get that contract in place and should continue to monitor it. Madsen was pleased CNN and SNC are now in Iowa City. She mentioned the continued need for a foreign language channel and another better weather channel, and that the data channels should still be compiled as discussed in previous BTC meetings. She felt sure Hawkeye would: 1) keep the time and weather channel accurate and 2) that differing messages regarding the status of cable extension to homes would not continue to occur to come out of Hawkeye. Finally, she wished to see �o9.s Broadband Telecommunications Commission July 28, 1983 Page 5 Hawkeye continue to upgrade the equipment and systems so that it is kept to a standard of the state of the art. There was some question as to when Hawkeye Cablevision may next approach the City for another rate increase request. Some Commissioners believed Hawkeye cablevision may approach the City as early as next January 1, 1984, while others believed the company would have to wait a minimum of one ea, mking le date thatyan opie nion onthis �wouldosbebrequested ufrom Bro n in Shaffer thelegal department. Ehninger said the BTC has discussed TeleFrance specifically as a foreign language channel in Iowa City. Blough said it appears TeleFrance may be going broke and may not be available soon. Blough said CNN may also be in financial difficulty. HBO is going strong though. Ehninger questioned whether MTV would be charging next year. Blough said that MTV would be charging up to 104 per subscriber next year from the cable operator. Ehninger said she saw the cable company going to more and more pay channels. Blough expressed an advantage of having ATC as a cable company in that hardware and software items can be purchased less expensively due to their ability to buy in volume. Sigrin said the statement read earlier expressed much of what he was going to say. He added though, that he felt it would have been extremely helpful if the BTC had more time to consider a rate increase request and that he would also like to see a third party consultant involved in the process. Any recommendation reached today, he stated, would now have to be based on certain assumptions rather than having researched all the financial aspects that could have been studied, had there been time. Terry entered a motion recommending that City Council grant a 99 increase in basic service rates charged by Hawkeye Cablevision, representing an 11.9% increase, based on an increase to Hawkeye in operational, origination and administration costs in 1981 to 1982. Seconded by Ehninger. Unanimously approved. Terry said if an increase were to be granted by Council that he would like to see those funds used to raise the BTS salary and further support access related activities. Madsen suggested another route would be to hire other help that would assist in some of the BTS responsibilities, cutting down his direct workload. Madsen pointed out the Triannual Review contained a plan whereby additional access equipment was identified as a need, and this should be addressed at some point so that the additional equipment can be obtained as necessary. Sigrin inquired if Shaffer was aware of other means of obtaining funds for cable/access use. Shaffer said although he had not studied the possibilities, grants may be obtainable for certain projects the City may want to undertake. In addition, the 3% franchise fee could be increased anywhere up to 5%. Ehninger suggested approaching the Committee on Community Needs for funds. ao9,3 Broadb July 2 Page 6 Blough rate i i ADJOUR Moved P.m. �R� SIR Broadb I Ci City of Iowa C.dty MEMORANDUM Date: October 7, 1983 To: City Council r , ✓ From: Joe Fowler, Parking Systems Superv]]'so5q�«� Rosemary Vitosh, Finance Director(( Re: Capital Street Parking Ramp Traffic Pattern As a result of problems caused by the traffic pattern in the Capitol Street parking ramp, Joe visited Lincoln, Nebraska to evaluate a similarly designed parking ramp. Lincoln has a 1,000 car ramp with basically the same design as ours but a different interior flow. In our ramp the in and out traffic merge and travel together on the north bay. In Lincoln the in and outbound traffic do not mix. There are several differences in the design of the two facilities. In Lincoln the flat bays are away from the shopping center. This area is used for long-term permit parking. Sloped ramps are used for in and outbound traffic with a crossover in the middle of each bay that allows the vehicles to change their direction of travel. In the Capitol Street ramp the flat bay is located next to the shopping area and the sloped decks that would be used for traffic flow are located south of it. On the slope decks there is a pedestrian walk-through. However, it has such a low clearance it could not be converted to a vehicle cross-over. As a result of the low clearance in the cross-over we have no way to remix the outbound traffic with the inbound except at the entrance/exit area. The volume of traffic handled by the ramps is also different. Lincoln has 400 permit parkers and approximately 400 short-term vehicles parked per hour. We have 900 spaces with 85 permits and approximately 600 short-term vehicles parked per hour. In order to convert the Capitol Street ramp to a traffic pattern similar to Lincoln, we would have to reroute the traffic using the middle and south bays for in and out traffic flow and the north bay for parking and changing from inbound to outbound (see attached schematic). Once a vehicle entered the outbound flow it would not be able to get out of it until it reached the exit. We would have a potential problem on two levels of vehicles meeting head-on at the down ramp where levels A and B join. Prior to making any changes in the interior flow, we recommend that a vehicle detection and counting system be installed on four of the north bays to notify the public when there is no parking available in that parking bay. Without this equipment a vehicle could travel from the entrance to level C, pull out of the inbound flow to look for a parking space, not find one and then be in the outbound flow. If there were no spaces on the down ramps from level C to B and B to A, the vhicle would be at the exit after having driven on six parking bays. The driver would then have the option of reentering the inbound flow and driving up at least three bays or exiting. As people currently exit the ramp saying ao910 L JORM MICROLAS TARGET SERIES MT -8 PRECEDING DOCUMENT City of Iowa (.oty MEMORANDUM Date: October 7, 1983 To: City Council / From: Joe Fowler, Parking Systems Supervisor,-6& Vitosh, Finance Director ), ,5 Re: Capital Street Parking Ramp Traffic Pattern As a result of problems caused by the traffic pattern in the Capitol Street parking ramp, Joe visited Lincoln, Nebraska to evaluate a similarly designed parking ramp. Lincoln has a 1,000 car ramp with basically the same design as ours but a different interior flow. In our ramp the in and out traffic merge and travel together on the north bay. In Lincoln the in and outbound traffic do not mix. There are several differences in the design of the two facilities. In Lincoln the flat bays are away from the shopping center. This area is used for long-term permit parking. Sloped ramps are used for in and outbound traffic with a crossover in the middle of each bay that allows the vehicles to change their direction of travel. In the Capitol Street ramp the flat bay is located next to the shopping area and the sloped decks that would be used for traffic flow are located south of it. On the slope decks there is a pedestrian walk-through. However, it has such a low clearance it could not be converted to a vehicle cross-over. As a result of the low clearance in the cross-over we have no way to remix the outbound traffic with the inbound except at the entrance/exit area. The volume of traffic handled by the ramps is also different. Lincoln has 400 permit parkers and approximately 400 short-term vehicles parked per hour. We have 900 spaces with 85 permits and approximately 600 short-term vehicles parked per hour. In order to convert the Capitol Street ramp to a traffic pattern similar to Lincoln, we would have to reroute the traffic using the middle and south bays for in and out traffic flow and the north bay for parking and changing from inbound to outbound (see attached schematic). Once a vehicle entered the outbound flow it would not be able to get out of it until it reached the exit. We would have a potential problem on two levels of vehicles meeting head-on at the down ramp where levels A and B join. Prior to making any changes in the interior flow, we recommend that a vehicle detection and counting system be installed on four of the north bays to notify the public when there is no parking available in that parking bay. Without this equipment a vehicle could travel from the entrance to level C, pull out of the inbound flow to look for a parking space, not find one and then be in the outbound flow. If there were no spaces on the down ramps from level C to B and B to A, the vhicle would be at the exit after having driven on six parking bays. The driver would then have the option of reentering the inbound flow and driving up at least three bays or exiting. As people currently exit the ramp saying J� there are no places to park when we have as many as 200 open spaces, it is probable that many people would exit rather than reenter the traffic flow. At the present time one system has been investigated which would monitor the number of parkers on the north bays. This would require the installation of two detection loops, one car counter and a full sign on four floors. Estimates for the equipment necessary range from $7,659 to $11,952. These estimates do not include labor for the installation or freight. A potential problem has developed with that system as to where we can cut the surface of the ramp without doing structural damage. Walker, design and construction consultants for the ramp, advised we cannot cut the precast T - beams. Engineering has verified that cutting loops into an epoxy section which joins the T's may also cause structural damage. Therefore, this system is not workable, and we recommend abandoning this approach. Other monitoring detection systems are currently being investigated by City staff. The concern with the other systems are the increased costs, exposure to vandalism and lack of employees trained in their maintenance and repair. Joe has contacted Federal Signal Corp., Stanley Parking System, Sarasota Automation, and A.P.E. Troybright Industries. Troybright, of Toronto, Canada, stated they could custom make a system that would include four electric photo eyes per floor. All other suppliers stated they did not have products to meet our needs. Although the change in the traffic flow in the Capitol Street parking ramp has the potential for decreasing traffic congestion, we do not recommend any changes unless the problem with the north bay is resolved. The problem of traffic meeting head-on on two levels probably could be overcome with signage. Parking can be an extremely emotional issue and we cannot recommend creating a'situation that could alienate downtown parkers from using the Capitol Street Ramp. Traffic flow could be improved by realigning the entrance equipment on Capitol Street. At the present time many vehicles use both entrance lanes to maneuver in order to pull parallel to the ticket spitter. This in effect often leaves us with one entrance lane. To make this change, the Capitol Street curb would have to be realigned and the current spitter and gate island relocated. Engineering has put a rough estimate of $20,000 on this project. If the above changes are made, entering and exiting will be improved on normal usage days, but there will still be traffic problems on high usage days and there is no way we can overcome the driver who ties up the ramp waiting for a parking space. It should be pointed out that the Capitol Street ramp is currently operating a 70 percent or more occupancy during the day and that to make either of these changes, portions of the ramp will be closed for a day at a time. In addition, these changes must be made when the daytime temperature is 40 degrees or higher in order to paint out the current parking stalls and repaint new ones. For these reasons, we recommend consideration of only the entrance realignment at this time and ask approval to further investigate the custom design of the electric eye system prior to further consideration of the revised traffic pattern. � 44 Ci F-xl' 4VMF� EXPANDED VIEW EL. 154'-O" TOP TIER � I i EL. 144'-O* 5TH TIER I EL. I3 4'-d' 4TH TIER EL. 124'-0' 3RD TIER EL. 110'-00 2ND TIER EL, 100'-O" 15T TIER J CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319)356-500C) October 14, 1983 To All Capitol Street Ramp Permit Holders: The City has received numerous inquiries regarding the need for removing monthly permit parkers from the Capitol Street Parking Ramp. This letter is being sent to all Capitol Street Ramp permit holders to further explain the decision to remove the permits from the ramp and to detail future alternatives available for permit parking. Parking in the Capitol Street Ramp has increased so that the occupancy level which existed during the month of September 1983, was the same as the occupancy level during the Christmas shopping season last year. Parking Systems statistics show that the occupancy level for the Capitol Street Ramp continue to steadily increase on a year-round basis. Therefore, in anticipation of a continuing increase in parking occupancy throughout the year and the more immediate need to provide parking for the short-term parker during the upcoming Christmas shopping season, the decision was made to remove all permit parking from the Capitol Street Ramp. Both downtown parking ramps were built to provide parking for the short-term parkers and parking permits were sold in the ramps only as an interim program until short-term parking usage of the ramps increased. This policy has been confirmed by input received from downtown merchants and businessmen which indicates that they are most concerned that sufficient parking be available for their customers. All permit holders will be allowed to move to the Dubuque Street Parking Ramp and may continue to purchase permit parking in that ramp until such time as the short-term parking demand in that ramp necessitates the removal of permit parking. The City is well aware of the limited parking availability in the Central Business District for the long-term parker and is in the process of conducting a study of parking needs in that area which will address the needs of both the short-term and the long-term parker. Please call me should you need any additional information. Sincerely, Joe Fowler Parking Superintendent 356-5094 cc: City Council tp3/3 ao97 r ` Johnson t�ou tyCCobuoo 2i�fGoverrj,Hent f % nJ Y. Date: October 6, 1983 To: Neal Berlin;/Dale Helling and Don Schmeiser From: Cheryl Mintle, Human Services Coordinator`„ Re: HOPE House and Hilltop meeting September 29, 1983 Individuals present at the meeting between Project HOPE and Hilltop were the following: Rod Kodros, Manager of Hilltop; Rose Hyatt, Hilltop resident; Dianne Coppens, Hilltop resident; Waylon McCullough, Director of Project HOPE; John Stratton, Chairman, HOPE Board; Larry Nelson, 6th Judicial District Probation and Parole and myself. The meeting September 29th, from 8:00 to 9:00 p.m. was held at the City Library. Individuals from Hilltop had an opportunity to ask questions concerning the relocation of HOPE into their neighborhood. I felt they received answers that they felt were helpful and responsive to their concerns. The Project HOPE representatives were very open and listened very well to the concerns raised by the Hilltop residents. Openness and concern came across from the Project HOPE representatives to the Hilltop representatives. Hilltop was told by HOPE to let the Director of Project HOPE know if ever there was a problem that developed in the trailer court due to HOPE residents or individuals visiting the HOPE House. The information provided by HOPE was very helpful and did indicate that it is highly unlikely both from the experience of halfway houses such as this and also from the knowledge base of those who work with houses that residents of HOPE House would conduct themselves in an illegal manner in the neighborhood of the house. It is much more likely that these individuals would act out away from the house since the house staff has the ability to return them to prison. Information was shared concerning the number of probation and parolees who would be visiting the house, their types of crimes and the sanctions that are available to deal with them. The Project HOPE residents also have numerous controls placed upon them including the fact that they cannot drink on or off the project's premises, nor can they engage in drug usage and this is monitored by means of laboratory tests. There are curfew rules and noise rules at the house and many regulations that probably would make living near this home a more positive experience than perhaps living next to a random group of college students. All in all, I felt the meeting went as well as could be expected under the circumstances and perhaps even better than one might have anticipated. I did indicate to Dianne Coppens that if at any time she has a concern related to HOPE's presence in their neighborhood and that the HOPE staff does not respond to it to their satisfaction that she let me know and I would follow-up on it for them. bdw2/4-5 THE REGISTER'S EDITORIALS Allocating sewer funds Next week the citizens' com- mission that sets policy for the state's environmental -quality agency will convene to consider a change in the way federal funds are disbursed for sewage -treat- ment projects. It is perhaps the most critical and complex decision the new commission has faced since its creation In July to replace two other state boards. The issue is how to carve up a $33-mIDloe annual federal grant designated to be used for sewage. treatment projects In areas where Inadequate systems cause water pollution. Under the existing rules the les Moines metropolitan area would get 100 percent of the money for the next seven years to finance construc- tion of a $194.5 -million sewage - treatment plant for which eight Des Molne"m cities and two counties have been preparing over the past 10 years. The Iowa Department of Water, Air and Waste Management staff has rec- ommended that the rules now be changed, the priority system re- shuffled and a.50•pereent lid be put on allocations to any one project each year. This would set the Dee Nolan project back a year or more and eduld add more than two years to the construction time and raising monthly sewer -rental rates to $13 to $19 a month In the Des Nolan area for an average family, up from M to $9 a month. Industrial rates would jump even more, officials say. Chit officials also are concerned about the effect on their ability to'sell bonds H the plant is 10 years old before It it completed. , Agency Director Steven Ballou argon that the new rales will recognise the worst-case pollution, problems and will spread the federal money around to more communities In Iowa. 'Des Moines city officials counter That On damping of millions of gallons of raw sewage into the. Des Moines River when the sew- age -treatment plant becomes overloaded several times a year Is sufficient reason to assign a top priority to the city's project They argue, too, that the rules change could delay all projects even further as it goes through the lengthy public hearing process and review by a legis- lative rules review committee, Gov. Terry Branstad and the federal government The eight Des Moines metro- area etroarea cojiunuaities, representing one-tenth of the state's popula- tion, have been preparing for this huge project for a decade — spending $25 million on studies and building new sewer floes that feed into the Des Moines sewage - treatment plant. That plant, already declared Inadequate, must now be expanded to accom- modate the additional sewage. Meanwhile, as this preparation has gose on, the state his handed oqt tens of millions of dollars to other cities to build almilar plants. Past of the problem is the size Of the metro Des Moines project At just under $200 milli* it is far and away the moat expensive of any project la the state — four times bigger than the next most espeasim a $Wmllllm project piamed for low& City. No matter how a =33 -million pie is sliced, Des Nolan is going to have to have the Hon's share for an extended period until Its project is complete. The state's goal of addressing the most serious pollution problems first is a worthy one, and deserves close consideration by the commis"' But It's not fair to Des Kohn and the otber communities that have In good faith been preparing plans for Improved systems with the on- derstanding that the money would be there. The commission should pro sed under the present system of alloeaflag the money for projects ready to go in 1984, then start the machinery in motion for a rules change that would reorder the priorities for future yeah. a'o9) Waste, plant seen as ,By Carlos Trevino Staff Witte, Citing a 1970 sewer service study report that vlmtned Iowa Cilv's waste water treatment plant enuld "ac. rnmodae a population of 73,000 pm• ,le." a number of the lows Cily Waste Water Facility Commission says anew sewage treatment plant is not needed. But a new study submitted to the Iowa City Council Monday by the same lira that issued the 1970 report con• lends the plant is currently serving a papulation "equivalent" lomore than ut 73.000 people and a new plant is needed. -Thai' population equivalent crap doesn't do it forme."Jim Hvnes of the Iowa City Wasle Water Facility Com. mission said. "In 1970 Vecnstra & Kimm said the plant was good. The problem is the sewer lines, not the treatment plant." Veenstra & Kimm Inc. is the engineering and planning"corporation that conducted both studies. Professor Richard Duque of the UI College of Engineering was also hired by the city to develop a recommendation on the. sewage situation, THE NEW REPORT" recommends that the city proceed with a four-phase plate to meet its current waste water treatment needs and states the cfat struclion, whick could take Up to 310 • years to complete, would cosh nearly 150 million. The 1970 Veenstra & Kimm report 'stated It would cart 14 million to con- struct a new sewage treatment plant. .It cost. the city 11 million to build the current plant, built in the mid -1930.%. Ihe'report states. That same report also slated that the: current facility "has several vears of useful life ... and is adaptable to expan- sion." Veenstra & .Kimm engineers also sold It was '!questionable" whether anew plant was feaslple until after 1190' .. .-.1. City Mamker Ndal Berlin .said com- paring the old report with the recent Vicenstra-& Kimm report was' -heading down line.wrong Irark ... the 1970 report isn't'applitable anymore. That was'13.vears ago and tilt, world changer fast In 13 yeah. "in 1972, the federal legislation (lh,• Clean Water Act) created an entire new b21lgaMC as far as the-plans* programs and construction of new plants," Berlin said. BERLIN ALSO SAID higher aqui rt,- ments for pollution control and an in - cream, In sewage Input have oracle if new plant necessary. unneeded Rvnes said, however. 'The rharar- ler of lhesewage hasn't changed. them is no new wet industry or heavv In. dustries adding Io the sewage. I don't think there was ever realiv a study to .et, if the old phml r(,uld he dune up I improved)." he said. Hynes claimed a new plant would III, "a monument. Borvaurrds love if, hmld monuments. Sewer lines have to he. (-overeat up, but visit ran %vv if new sewege treatment plans." he said. '•Mayhe somrbedy is trying to make a nice resume item. the bfgRt,a in Iowa Cary hisinry' ... they just don't unders. land the mal needs." he said. Mavnr Mary Neuhauser and other memAers.of the Iowa City Waste .Water Facility Comntil lee are keeping track of the aclivnips of the Iowa Department of Water. Air and'Wasle Management. which might grant Iowa City up to $29.6 million in federal funds over a four-year period to Improve Its sewage system. IWAWM, which. receives and distributes all federal money for waste water projects in lows cities, N currently reviewing 19 alternative plans for dispensing the grants. The deparlmenl.had planned to Withhold funds from Iowa City un- til fiscal 1990 but then tentatively planned to give 129.6 million to the city beginning in fiscal 1966:' That derision could change on Tuesday when the commission meets In Des Moines to review its alternatives and decide which one to Implement, beginning in fiscal 1965. - City officials have indicated that regardless of whether the , city receives federal funds the project will continue with funds coming from general obligation bends and increased rates for sewer service. City officials have also considered borrowing, 111 million to finance the project.. Berlin said an exact estimate of how much rales for sewer service would have to be raised "depends on .what is adopted by the city council for financing" the sewage treatment project. Residential sewer bills could in- crease more than 309percent by the mid-1980s; due to the rale hikes that would be necessary to finance the new plant, the report stated. 3 The council is reviewing alter. natives for reducing the 250 million price tag of the sewer im. provement plan as well as the potential ratio increase city rest. dents may be asked pay. Hynes said considering the es. timated Increases in sewer bills and the cost of the project, '•Mavbe it's a blessing in disguise. not getting the funds for this." In Phase I of the recommended plan, an interceptor sewer (a ma. jor sewer line that would relieve pressure from smaller lines) would be constructed on the southeast side of the city. The city would also spend nearly it million to provide sewer lines from the new plant. site — the first part of which would cost 17.5 million — to the Iowa River. Another. 1550,000 would be spent to repair the old plant. The -Phase I plan will cost about 119 million; the recommendation staled, and could be completed by ' the end of 1965. Phase 1I gives main priority to the construction of an outfall sewer, a sewer line that normally discharges into a river, connecting the old plant to the new plant, and would cost 18,5 million. Phase 11 should be completed by 1991. In Phase RI the capacity of the, main sewage treatment plant would be Increased at a cost of 15, million. Repairs would also' be made on the current plant at a cost of 00,000. Phase III would cost an estimated 18.4 million and should 4e completed in 1996. ' Phase IV, with planned compl& tion by 2001, includes the building of offices, a.. laboratory -and a malnlenance. shop. Phase IV would cost 19.1 million. "Many cities (In Iowa) that have new sewer systems are hav- ing problems with them," Hynes said. "They gold-plated sewage plants and then they don't meet their expectations." But, Hynes said, "The (current) council has done more than any other council In the past to solve the sewage problems In Iowa City. I think they're 'trying to move ahead... I dont think they want to destroy that." But, "They're pushing this loo fast." 3,000