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HomeMy WebLinkAbout2019-08-29 Info PacketI k L tF � 4 Ilk CITY 01 10VVA CITY ww.icgov.org City Council Information Packet August 29, 2019 IP1. Council Tentative Meeting Schedule September 3 Work Session IP2. Work Session Agenda: September 3 IP3. Pending City Council Work Session Topics Miscellaneous IP4. Memo from City Clerk: Listening Post Update [Previously distributed in 8/15 Information Packet] IPS. Memo to City Clerk: KXIC Radio Show IP6. Memo from Housing & Community Development: Aid to Agencies Recommendations [Previously distributed in 8/15 Info Packet] IP7. Memo from Media Production Services Coordinator: Future of the Telecommunications Commission [Previously distributed in 8/15 Information Packet] IP8. Letter from Climate Action Advisory Board: Recommendation for Climate Action Commission [Previously distributed in 8/15 Information Packet] IP9. Memo from City Manager: Clarification of Hourly Staff Numbers IP10. Memo from City Manager: Hourly Position Analysis [Previously distributed in 8/15 1 nfo Packet] IP11. Memo from Budget & Compliance Officer: Quarterly Financial Summary for Period Ending June 30, 2019 IP12. Letter from I owa City Assessor: I owa Property Assessment Appeal Board and District Court Notice of Appeal IP13. Invite: C -SPAN Bus - Open House Event, September4 Farmers Market, Chauncey Park Ramp Draft Minutes IP14. Human Rights Commission: August 20 I11315. Human Rights Commission: August 22 IP16. Housing and Community Development Commission: August 15 I11317. Parks & Recreation Commission: August 7 August 29, 2019 City of Iowa City Page 1 Item Number: 1. Awl Q- CITY OE IOWA CITY www.icgov.org August 29, 2019 Council Tentative Meeting Schedule ATTACHMENTS: Description Council Tentative Meeting Schedule CITY OF IOWA CITY Date City Council Tentative Meeting Schedule Time Subject to change Meeting August 29, 2019 Location Thursday, August 29, 2019 5:00 PM Special Formal Meeting Emma J. Harvat Hall Tuesday, September 3, 2019 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, September 17, 2019 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, October 1, 2019 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Monday, October 14, 2019 4:00 PM Reception City of Iowa City 4:30 PM Joint Entities Meeting Emma J. Harvat Hall Tuesday, October 15, 2019 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Monday, November 4, 2019 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, November 19, 2019 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, December 3, 2019 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, December 17, 2019 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Item Number: 2. +r p -lot W�rm�M CITY O� IOWA CITY www.icgov.org August 29, 2019 Work Session Agenda: September 3 ATTACHMENTS: Description Agenda I l 1 4 Ifl PWt CITY OF 10147A CITY 410 East Washington street Iowa City. Iowa 52240-1826 (3 19) 356-5400 (319) 356-5009 FAX wawwv.icgov'Org City Council Work Session Agenda Tuesday, September 3, 2019 Emma J. Harvat Hall - City Hall 5:00 PM • Clarification of Agenda Items Information Packet Discussion [August 22, August 291 Council Direction needed on the following items: 1. (8/29) IN - Memo from City Clerk: Listening Post Update 2. (8/29) IP5 - Memo from City Clerk: KXIC Schedule 3. (8/29) IP6 - Memo from Housing & Community Development Chair: Aid to Agencies Recommendations 4. (8/29) IP7 - Memo from Media Production Services Coordinator: Future of the Telecommunications Commission 5. (8/29) IP8 - Letter from the Iowa City Climate Action Advisory Board: Recommendation for a Climate Action Commission 6. (8/29) IP9/IP10 -Memo from City Manager: Hourly Position Analysis • Council updates on assigned board, commissions, and committees Item Number: 3. Awl Q- CITY OE IOWA CITY www.icgov.org August 29, 2019 Pending City Council Work Session Topics ATTACHMENTS: Description Pending City Council Work Session Topics -' CITY OF IOWA CITY UNESCO CITY OF LITERATURE PENDING CITY COUNCIL WORK SESSION TOPICS August 26, 2019 Strategic Plan Actions Requiring Initial City Council Direction: 1. Through cooperation with the Iowa City School District, Iowa Workforce Development, Kirkwood Community College, Iowa Works, and others, increase opportunities for marginalized populations and low- income individuals to obtain access to skills training and good jobs 2. Improve collaborative problem -solving with governmental entities in the region on topics of shared interest 3. Explore expanded use of a racial equity toolkit within City government, embedding it within city department and Council levels Other Topics: 1. Joint meeting with the Telecommunications Commission 2. Evaluate need for a Local Option Sales Tax (LOST) 3. Consider a plan for rubberized surfacing at park playgrounds and develop strategies to address equity gaps noted in the Parks Master Plan and plan for the equitable distribution of destination parks within an easy and safe distance of all residents. (Parks Commission to discuss in July) 4. Review of RFC Form Based Code changes recommended by Opticos. Also including density bonus provisions and height allowances 5. Review of staff's growth boundary analysis (Johnson County Fringe Area Agreement Update) 6. Discuss amending City Code to require staff and rezoning applicants of large-scale developments to consider the effects of the proposed projects on future carbon emissions and absorption capacity, and to take actions that will help achieve the City's carbon emission reduction goals 7. Discuss alcohol usage policies in City parks 8. Review of the Aid to Agencies process 9. Possible joint work session with Planning and Zoning Commission on the South District Form Based Code (Fall 2019) 10. Discuss possible changes to residential zoning classifications to allow and/or require a greater diversity of housing types (i.e. missing middle) Item Number: 4. +r p- W�rm�M CITY O� IOWA CITY www.icgov.org August 29, 2019 Memo from City Clerk: Listening Post Update [Previously distributed in 8/15 Information Packet] ATTACHMENTS: Description Memo from City Clerk: Listening Post Update [Previously distributed in 8/15 Information Packet] It CITY OF IOWA CITY MEMORANDUM Date: August 1, 2019 To: Mayor and City Council Members From: Kellie K. Fruehling, City Clerk Re: Listening Post Update In 2018 Council held four listening posts: • Thursday, February 22, 4:30-6:00 p.m., Kirkwood Community College – IC Campus (Mayor Pro tem Taylor and Council member Mims) • Saturday, June 9, 9:30-10:00 a.m., Washington Street Farmers Market (Mayor Pro tem Taylor and Council member Cole) • Thursday, August 16, 6:00-8:00 p.m., Willow Creek Park – Party in the Park (Council member Mims and Council member Thomas) • Thursday, November 29, 5:30-7:00 p.m., Irving Weber Elementary, 3850 Rohret Rd (Mayor Throgmorton and Mayor Pro tem Taylor) In 2019 the following listening posts have been held: • Monday, February 11, 5:30-7:00 p.m., Iowa Memorial Union, Black Box Theatre – Room #360 — 125 N Madison Street (Council member Cole and Council member Salih) • Wednesday, May 29, 6:30-8:00 p.m., Lemme Elementary School Library, 3100 E. Washington St (Council member Thomas and Council member Teague) No additional dates are currently scheduled. Suggested quarterly posts are February, May, August, and November. Suggested sites include: o Farmer's Market (Wednesday or Saturday) o Party in the Park o Uptown Bill's o Pheasant Ridge Neighborhood Center, 2651 Roberts Road o Senior Center Lobby S: listening post/location mern o — August 2019.doc r , .-00 CITY OF IOWA CITY MEMORANDUM Date: August 26, 2019 To: Mayor and City Council From: Kellie K. Fruehling, City Clerk Re: KXIC Radio Show KXIC offers a City show at 8:20 AM every Wednesday morning. In the past Council has volunteered for dates, and staff filled in as necessary. Please take a look at your calendars and come prepared to help fill in the schedule at your work session on September 3. Wednesday September 4 — Taylor September 11 - Mims September 18 - September 25 - October 2 - October 9 - October 16 - October 23 - October 30 - ** Please remember that KXIC is very flexible with taping the sessions ahead of the show. &CIk/Council KXIC Radio Schedule/radioshowasking.doc Item Number: 6. +r p- W�rm�M CITY O� IOWA CITY www.icgov.org August 29, 2019 Memo from Housing & Community Development: Aid to Agencies Recommendations [Previously distributed in 8/15 Info Packet] ATTACHMENTS: Description Memo from Housing & Community Development: Aid to Agencies Recommendations [Previously distributed in 8/15 Info Packet] r -�..® CITY O F IOWA CIT Y .,- MEMORANDUM Date: July 15, 2019 To: Iowa City City Council From: Vanessa Fixmer-Oraiz, Housing and Community Development Commission Chair Re: Aid to Agencies Recommendations Introduction At our July 11, 2019 meeting, Housing and Community Development Commission (HCDC) discussed different ways to modify the Aid to Agencies (A2A) process. That discussion was largely in reaction to two memos which proposed modifications. The first was from City of Iowa City Neighborhood Services staff dated July 3, 2019, and second was from the Agency Impact Coalition dated July 10, 2019 (both attached). HCDC voted to recommend for consideration both memos to Council with the following changes and clarifications. Recommendations For the staff memo, HCDC recommends supporting staff recommendations with the exception that the City should continue funding for emerging agencies up to 5% of the A2A budget. While the City allocates CDBG/HOME, Climate Action Grants, and Social Justice and Racial Equity Grants, these do not necessarily fund general operational expenses. HCDC encourages less established agencies to apply for project grants, but believes it is important to provide general operational funding in addition to project -based funding to help these organizations establish themselves. For the Agency Impact Coalition memo, HCDC recommends supporting all points in addition to the following staff suggestions on how to implement two of the items. First, each Commissioner will serve as a liaison for 2-3 funded agencies to help schedule annual site visits and improve familiarity with funded agencies. Second, staff and HCDC will establish annual meetings with agencies as part of the timeline review process for City Steps. This will provide an opportunity for HCDC, agency executives, and City staff to have discussions outside of the funding cycle. Specifically, this would allow HCDC to receive updates from agencies on trends, gaps, and needs and to review and debrief City Steps and other relevant plans guiding annual allocations processes. Next Steps Many of these changes can be incorporated this fiscal year for the FY21 funding round while others will take time. Immediate steps that HCDC would like to implement are as follows: • Determine liaisons for currently funded agencies • Schedule a timeline City Steps review for this summer with agency leaders • Have staff provide a funding recommendation for FY21 using HCDC-approved criteria • Provide HCDC questions in advance for FY21 applicants prior to meetings HCDC hopes that these recommendations and changes will help the Commission, staff, and agencies to work more collaboratively to face the challenges and opportunities ahead and to meet the increasing needs of those within our community who require it most. Please let us know if you have any questions as you consider these recommendations. r CITY OF IOWA CITY Pgot MEMORANDUM Date: July 3, 2019 To: Housing and Community Development Commission From: Erika Kubly, Neighborhood Services Coordinator Kirk Lehmann, Community Development Planner Re: Aid to Agencies Recommendations Introduction: Iowa City has historically funded a portion of the operating costs of local non -profits that serve low income residents through the Aid to Agency (A2A) fund. Last year, the City Council adopted recommendations made by the Housing and Community Development Commission (HCDC) to provide stable funding for existing nonprofits and to also provide new opportunities for developing agencies to receive funds through the A2A allocation process. After this past allocation cycle, Council asked HCDC to review their processes and determine the best way to move forward with funding recommendations. This memo contains staff recommendations to modify the A2A process based on historical precedent and feedback from HCDC and agencies. History/Background: The goal of A2A has historically been to provide a stable source of operational funding for human service agencies serving low- and moderate -income (LMI) residents. Council first began having HCDC recommend A2A allocations in 2010 to align funding recommendations with the priorities set in CITY STEPS, the City's five-year federally mandated consolidated plan for housing, services and jobs for LMI residents. Prior to that point, a committee of City Council members and staff allocated the funding to a core group of agencies. New applicants typically were not funded; however, this began to change once HCDC started making funding recommendations. On July 17, 2018, City Council adopted policies revising the process based on HCDC input. There were three main changes. First, 5% of A2A funding was set aside for "emerging" agencies, defined as agencies that have not existed as a legal entity for at least two years or have not received A2A in any of the last five years. Second, the remaining funds were available to "Legacy" agencies, defined as those who have existed as a legal entity for at least two years and have received A2A funding in any of the last five years. Allocations to Legacy agencies were awarded over a two year period to provide stability. Finally, HCDC created a goal of providing 70% of funds to High priority agencies, 25% to Medium priority agencies and 5% to Low priorities agencies with an intent of spreading funding between priority groups and reducing competition to receive a High priority designation. This revised process was first used for the FY20 funding allocation. The City estimated a budget of $355,000 for Legacy agencies and $19,000 for emerging agencies. At their January 17, 2019 meeting, HCDC noted thatA2Afunds had remained stable over the last several years while needs increased. In addition, more agencies were applying and receiving funds. As such, HCDC recommended that Council fully fund the requests of FY20 Legacy agencies, totaling $625,500, and requested a work session with Council to discuss why they recommended funding over their budget estimate. After meeting together on February 5, 2019, Council agreed to fully fund the Legacy requests for a single year with the condition that HCDC revisit the A2A process to avoid future unexpected budget recommendations. HCDC has had ongoing discussions about how to revise the process at their monthly meetings since April 2019. Because the FY21 Joint Funding Applications will be released on August 1, 2019, changes related to the process must be determined at the July HCDC meeting in order to be incorporated into the next funding cycle. July 3, 2019 Page 2 Staff Recommendation Based on the feedback received, staff recommends A2A return to its original intent of providing a stable funding source for human service agencies serving LMI residents based on the funding priorities set in CITY STEPS for public service agencies. Every five years, the priorities in CITY STEPS are reviewed and a new plan is adopted. City staff is currently working on the new five- year CITY STEPS plan, which will need to be adopted by the City Council and accepted by the federal government by July 1, 2020. During the new plan development process, staff recommends identifying and limiting A2A applicants to a core group of service providers which meet the established priorities. These identified agencies would then apply on a competitive basis based on identified priorities, history of funding, and capacity. Beginning with FY22, agencies would apply on a two-year cycle. This process would provide stable funding for agencies with demonstrated capacity to effectively utilize A2A dollars. The priorities and agencies allowed to apply would be reevaluated with each new five-year plan to address changing priorities or gaps of service as identified in CITY STEPS. If needed, there would also be a mechanism to modify the number of eligible agencies during the five-year planning period through the federally defined Consolidated Plan amendment process. Because the FY21 Joint Funding Application process will begin before the adoption of City Steps 2025, staff recommends limiting FY21 A2A applications to those agencies who applied for Legacy funds in FY20. This is consistent with the expectation of a two-year funding cycle when Legacy agencies applied last year. For the remaining fiscal years covered by City Steps 2025 (FY2022 through FY2025), staff recommends that the 2021-2025 Plan identify a set of 15-20 core agencies to be funded through A2A for public service funding. This will help focus funds in a strategic manner and provide the stability desired by agencies. A2A applicants will continue to apply through the United Way Joint Funding process. Every two years, HCDC will review and approve the ranking criteria for evaluation of the public service applicants. With the FY21 allocation cycle, staff will rank applications based on these criteria and make a funding recommendation for HCDC to consider. HCDC can recommend changes to staff's recommendation. The HCDC recommendation would be submitted to City Council for their consideration and adoption. Staff also recommends discontinuing the emerging agencies set-aside due to alternative funding opportunities that are now available. The City has allocated $25,000 in Climate Action Grants and $75,000 in social justice and racial equity grants. These grants are expected to continue, and both have equity components and an emphasis on serving disadvantaged populations. Project -based CDBG/HOME grants are also available for emerging agencies or those who have not received grant funds in the past. These different sources are a good fit for emerging agencies and can help agencies build capacity and establish a track record. As an agency becomes more established and can demonstrate the ability to meet priority needs and grant requirements, they may be eligible to be incorporated into the A2A funding cycle based on their ability to address City Steps 2025 priorities. Proposed Timeline August 1, 2019: FY21 A2A applications are released to agencies that were awarded funds last year through the United Way Joint Funding process. September 12, 2019: FY21 A2A applications due. September 19, 2019: HCDC receives copies of FY21 A2A applications for review. HCDC will compile questions for agencies regarding their applications ahead of the November meeting. November 21, 2019: HCDC discusses questions for agencies at their November meeting. Staff will compile and send out questions to agencies in preparation for HCDC's December meeting. July 3, 2019 Page 3 December 19, 2019: Question & Answer session with A2A applicants. Agencies are provided questions in advance and invited to attend HCDC's December meeting. December 2019: Draft of City Steps 2025 complete. Draft will include updated priorities and identification of core agencies who are eligible for A2A funding for FY22 through FY25. January 16, 2020: Staff provides FY21 A2A funding recommendations to HCDC at their January meeting. HCDC considers modifications and makes an FY21 A2A funding recommendation to Council. April -May 2020: HCDC reviews, considers changes, and recommends City Steps 2025 to Council. Council holds a Public Hearing and considers changes and adoption of City Steps 2025, in addition to HCDC's FY21 A2A funding recommendation. August 2020: FY22-23 A2A applications are released to eligible agencies identified in City Steps 2025. August 2022: FY24-25 A2A applications are released to eligible agencies identified in City Steps 2025. Summers 2021-2024: Annual timeline review of City Steps 2025 priorities and core agencies who are eligible for A2A funding. If modifications are needed, the Consolidated Plan would be amended in accordance with the Citizen Participation Plan. To: Housing and Community Development Commission From: Agency Impact Coalition Re: Aid to Agencies Process Date: Julv 10. 2019 The Housing and Community Development Commission's leadership and determination demonstrated throughout the FY20 Aid to Agencies funding process compelled and inspired local agencies identified by the City of Iowa City as Legacy Agencies to form a coalition, the Agency Impact Coalition. The Coalition has been meeting regularly with much of the initial discussions focused on how to better advocate for the work of our organizations and the collective impact we have throughout the community. HCDC is continuing its drive to improve the Aid to Agencies process and recently sent out a survey to solicit feedback from funded agencies. However, the survey questions did not get to the heart of the recommendations and concerns that have consistently been articulated during Coalition meetings and we realized the majority of our feedback fell under the category of "other." As a result, we are submitting this single response. The suggestions below are made in the spirit and hope of creating a better informed and more participatory, collaborative process for both Aid to Agencies and CDBG/HOME awards: ■ Inclusion of annual site visits to the funded agencies and/or as part of the orientation and on - boarding for HCDC members. Local not-for-profit executives bring decades of experience and are themselves subject -matter experts. We are eager for our community to understand the complexity and nuances of our services, the constituencies we serve, and the challenges we face. This may be time intensive, but it would set an entirely different foundation and context from which to work. ■ Joint meetings outside of the funding cycle for HCDC, not-for-profit executives, and Neighborhood Services Department staff to thoroughly debrief CITY STEPS, the Annual Action Plan, and other relevant plans underpinning and guiding the allocations process for both Aid to Agencies and the annual CDBG/HOME competitions. Components of these conversations could include updates on trends, gaps, and needs. ■ Better leverage the professional experience and practical knowledge of the Neighborhood Services Department staff. City staff add valuable perspective which is not being fully integrated into the process and dialogue. ■ Create a data driven process that aligns with CITY STEPS and reorients the dialogue to be driven by need as opposed to managing scarcity. ■ Our collective impact has substantial economic multipliers and significant public benefits that positively impact our community. Is there a method to more formally recognize this to better inform policy makers and as a component of the City's annual budget process? ■ Specific to the application(s) and review therein, ensure additional questions to applicants are standardized and made available to everyone in advance. In addition to these suggestions we support staff recommendations made in their July 3, 2019 memo to HCDC and the approaches recommended to reorient the process back to the original intent of, "providing a stable funding source for human service agencies serving LMI residents based on the funding priorities set in CITY STEPS...". Please know it is with the highest regard that we write. Members of this Commission have approached their charge with determination, integrity, compassion, and empathy. You have anguished over the decisions to be made and taken an unprecedented and bold position to which our Council responded. Please know that you have inspired and motivated us. We are eager to work more collaboratively to face the challenges and opportunities ahead and recognize that we come with the common intention of improving the health, safety and well-being of our community. MINUTES PRELIMINARY HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JULY 11, 2019 — 6:30 PM SENIOR CENTER, ROOM 202 MEMBERS PRESENT: Megan Alter, Charlie Eastham, Vanessa Fixmer-Oraiz, John McKinstry, Maria Padron MEMBERS ABSENT: Matt Drabek, Lyn Dee Hook Kealey, Peter Nkumu, [vacant] STAFF PRESENT: Kirk Lehmann, Erika Kubly OTHERS PRESENT: Delaney Dixon, Nicki Ross, Adam Robinson, Amy Greazel, Ellen McCabe, Ron Berg, Michelle Heinz, Missie Forbes, Crissy Canganelli, Christi Regan, Heath Brewer, Ellie Paxson, Genevieve Anglin RECOMMENDATIONS TO CITY COUNCIL: By a vote of 5-0 the Commission recommends to City Council modifications to the Aid to Agencies process and approve FY21 Aid to Agencies forms as with changes as discussed. CALL MEETING TO ORDER: Fixmer-Oraiz called the meeting to order at 6:30 PM. APPROVAL OF THE JUNE 20, 2019 MINUTES: McKinstry moved to approve the minutes of June 20, 2019. Eastham seconded the motion. A vote was taken and the motion passed 5-0. PUBLIC COMMENT FOR TOPICS NOT ON THE AGENDA: Crissv Canganelli (Shelter House) submitted correspondence dated July 2, 2019 to provide corrected information from the minutes of the Human Rights Commission heard by the Commission at their previous meeting. Lehmann read the correspondence: Good Morning: l am writing to provide a correction to information provided to the Human Rights Commission during its May 15, 2019 meeting. The draft Meeting Minutes which are available to the public indicate that County Supervisor Porter reported to the Commission that, "Johnson County just gave Shelter House $630,000." The Johnson County Board of Supervisors allocated a total of $630, 000 to the Housing Trust Fund of Johnson County which was made available for affordable housing initiatives over the past fiscal year. Of the funds awarded to Shelter House by the HTFJC, $250, 000 came from Johnson County. Funds were awarded as a loan, are repayable to the HTFJC, and were restricted for a new construction project at 820 Cross Park Avenue. The Human Rights Commission minutes were included in the June Housing and Community Development Committee Meeting packet, as such, I request this correction in fact be provided to both the Commission and relevant Iowa City staff. Housing and Community Development Commission July 11, 2019 Page 2 of 12 l am deeply grateful for the partnership and support of the City of Iowa City in all aspects of Shelter House programming and would be happy to provide any additional information that would be helpful. Please do not hesitate to contact me by phone or email. Crissy Canganelli, Executive Director of Shelter House RECOMMEND TO CITY COUNCIL MODIFICATIONS TO THE AID TO AGENCIES PROCESS AND APPROVE FY21 AID TO AGENCIES FORMS: Kubly began by summarizing a memo from staff regarding Aid to Agencies (A2A) recommendations dated July 3, 2019. Overall, staff recommends returning A2A to its original intent of providing stable funding for human service agencies serving low- and moderate -income residents based on the priorities set in CITY STEPS. Every five years, these priorities are reviewed. Staff is currently developing the new five-year plan, to be adopted by Council and the federal government by July 1, 2020. During the planning process, staff recommends limiting A2A applicants to a core group of service providers which meet its established priorities. These agencies would then competitively apply based on these priorities, their history of funding, and their capacity. Beginning with FY22, agencies would apply on a two-year cycle. The priorities and agencies allowed to apply would be reevaluated with each new five-year plan to address changing priorities or gaps of service as identified. If needed, the City could modify eligible agencies during the five- year period as well through the Consolidated Plan amendment process. Kubly continued that because the FY21 Joint Funding Application process will begin before the adoption of City Steps 2025, staff recommends limiting FY21 A2A applications to agencies who applied for Legacy funds in FY20, consistent with the expectation of a two-year funding cycle when Legacy agencies applied last year. For the remaining fiscal years covered by City Steps 2025, staff recommends that the Plan identify 15-20 core agencies to be funded through A2A. Applicants will continue to apply through the United Way Joint Funding process. Every two years, HCDC will review and approve the ranking criteria for evaluation of the public service applicants. With the FY21 allocation cycle, staff will rank applications based on these criteria and make a funding recommendation for HCDC to consider. HCDC can recommend changes to staff's recommendation. The HCDC recommendation would be submitted to City Council for their consideration and adoption. Kubly noted staff also recommends discontinuing the emerging agencies set-aside due to available alternative funding opportunities, such as Climate Action Grants and the Social Justice/Racial Equity grants. Project -based CDBG/HOME grants are also available These sources can help agencies build capacity and establish a track record. As an agency demonstrates its ability to meet priority needs and grant requirements, they may be incorporated into the A2A funding cycle based on addressing priorities. Eastham noted that the staff recommendation does not discuss the budget and asked if the Commission can recommend a higher budget amount. Kubly noted the City Manager is leading that discussion and has invited agencies to meet this month prior to the establishment of next year's budget. Fixmer-Oraiz stated that the alternative project grants discussed are unclear as to whether they allow operational funding. She noted it is important for the Commission to show support for agencies to help them get off the ground, and operational funding is often the first step. Eastham added that he would like more discussion with agencies to see how they would like to see newer agencies gaining access to the newer larger agency funding during the five-year City Step timeline. Alter added that in the memo it does note as an agency becomes more established and demonstrates they meet grant priorities and requirements they may be eligible to be incorporated. Alter asked how an emerging agency would be able to prove that if they don't have access to funds to help them. Fixmer-Oraiz suggested the Commission discuss the Agency memo and then take comments from the audience. Fixmer-Oraiz read the memo the Commission received from the Agency Impact Coalition regarding the Aid to Agencies process dated July 10, 2019. Housing and Community Development Commission July 11, 2019 Page 3 of 12 The Housing and Community Development Commission's leadership and determination demonstrated throughout the FY20 Aid to Agencies funding process compelled and inspired local agencies identified by the City of Iowa City as Legacy Agencies to form a coalition known as the Agency Impact Coalition. The Coalition has been meeting regularly with much of the discussions focused on how to better advocate for the work of our organizations and the collective impact we have throughout the community. HCDC is continuing its drive to improving the Aid to Agencies process and recently sent out a survey to solicit feedback from funded agencies. However the survey questions did not get to the heart of recommendations and concerns that have been consistently articulated during Coalition meetings and we realize the majority of our feedback fell under the category of other" As a result we are submitting this single response, the suggestions below are made in the spirit and hope of creating a better informed and more participatory collaborative process with Aid to Agencies and CDBG/HOME awards. • Inclusion of annual site visits to the funded agencies and more as part of the orientation and onboarding for HCDC members. Local not-for-profit executives bring decades of experience for the complexity and nuances of our services, the constituencies they serve and the challenges we face. This may be time intensive but would create an entirely different context for which to work. * Joint meetings outside the funding cycle for HCDC, not-for-profit executives and neighborhood services development staff to thoroughly debrief City staff on the Annual Action Plan and other relevant plans underpinning and guiding the allocations process for both Aid to Agencies and the annual CDBG/HOME competitions. Components of these conversations can include updates on trends, gaps and needs. • Better leverage of professional experience and practical knowledge of the neighborhood services departmental staff. City staff add valuable perspective which is not being fully integrated into the process and dialogue. • Create a data -driven process that aligns with City Steps and reorganize the dialogue to be driven need as opposed to managing scarcity. • Our collective impact has substantially economical multipliers and substantial benefits that positively impact our community. Is there a method to more formally recognize this to better inform policy makers and as a component of the City's annual budget process. • Specific to the applications and review therein, assure additional questions to the applicants are standardized and made available to everyone in advance. In addition to these suggestions we support staff recommendations made at the July 3, 2019 memo to HCDC and the approaches recommended to reorient the process back to the original intent of `providing a stable funding source for human aid agencies serving LMi residents aligning funding with priorities set in City Steps". Please note it is with the highest regard we write, members of this Commission have approached their charge with determination, integrity and compassion and empathy. You have languished over the decisions to be made and taken an unprecedented and bold position to which the Council responded. Please note you have inspired and motivated us, we are eager to work more collaboratively to face the challenges and opportunities ahead and recognize we come with a common intention of improving the health, safety and wellbeing of our community. Fixmer-Oraiz stated for the record she is deeply moved by this memo and thanked the Coalition for putting it together, HCDC appreciates and recognizes the absolute impact the agencies have on our community which is why HCDC feels so passionate about making this work. Eastham would appreciate hearing overall thoughts on the question of setting an amount for Aid to Agencies in the City's budgeting. He wants to understand what the agencies are actually interested in, is it the overall amount of agency funding or if it is a single, reliable process for knowing how much funding the City is going to provide from year to year for each agency. Crissy Can,aq nelli (Shelter House) responded by saying they are interested in both. The City Manager reached out to the agencies and asked if they would be able to meet as Kubly mentioned before the end of the month. Canganelli added that this cannot be separated into parts, it is all connected, and they want to build relationships and have more of a participatory and collaborative process which allows all groups Housing and Community Development Commission July 11, 2019 Page 4 of 12 to learn from one another. She noted that the City has never looked at funding as to what is the need versus managing scarcity. In the past it has been approached from the managing scarcity end. She added they need to understand they all want to do good and do the good work well, they don't understand what the baseline is yet, so they need to work better together to inform that, she has every confidence they will be able to move that line item up. There are other parts of the conversation as well, they need to look at how agencies could manage resource differently, and open things up in a different way. Eastham said the process staff proposed says the annual amount of Aid to Agencies funding is going to be determined through negotiations between agencies and the City Manager directly. He notes that might work out well but wants to know if agencies have an idea for the role of the HCDC in that process. Canganelli said the Commission brings the balance to the conversation, it should be a combination of all three parts. She doesn't feel is it up to the agencies to define who plays what role or how much of a part, but they want to segment out the different voices within this process to avoid excluding them, so the combination would be City staff, HCDC, and nonprofits informing the conversation from an early point. Not only in the budgeting process but also for the Commission to get to know the agencies a little more before they are at the point of reviewing and analyzing applications. Alter said it is a relief to hear of a desire for a more collaborative process, it is too much to shoulder on one part. She loves the idea of annual site visits and would like to increase those. The site visits HCDC did recently really helped make everything fall into place for her and makes it real. They got to have candid conversations with residents, staff, and executive directors. Fixmer-Oraiz liked adding to the conversation the trends, gaps, and needs to take into consideration. She feels it will be important to learn what agencies are seeing and experiencing versus an application. She notes there is a need for collaboration and everyone having a better understanding of one another. Fixmer-Oraiz wonders when the Agencies meet with the City Manager if it would be beneficial to have a member of HCDC present. Eastham agrees it would be helpful. Eastham liked the memo, the name Agency Impact Coalition, and the points about creating a data -driven process and looking at collective impact. The collective impact point is intriguing, Padron put together a data -filled PowerPoint presentation which helped persuade Council, so the more data the better. Fixmer-Oraiz wants to look at short- versus long-term goals, things that could be accomplished easily such as increasing site visits, and wants to discuss actionable items to take from this conversation. Lehmann said staff has discussed some of these ideas in terms of short- and long-term items. He said the idea of having liaisons to schedule site visits is a good one, with nine commissioners there would be two or three agencies per person, and that could be accomplished early into this fiscal year and have the liaisons schedule visits for the different sites. Padron said the liaison would schedule the visit but every commissioner would have the freedom to go on the visit. Lehmann said that would be correct, and if they could avoid having more than four at one visit it would help logistics to avoid having trips be a formal meeting. Lehmann said with regards to the timeline review, he likes the idea of joint meetings outside of the funding cycle for nonprofit executives, staff, and HCDC to meet at one of the HCDC's meeting for an agency debrief and discussion. Eastham would like site visits and the conversational get together but also likes the idea of staff making a funding recommendation which has not been done in the past. Lehmann agreed and noted he matched the questions on the application to a point system staff would use to make recommendations. He wants there to be transparency on how decisions are being made for staff recommendations. Alter asked if there has been discussion amongst staff or the agencies regarding the prioritization of high, medium and low priority, because it has been something they have struggled with. Lehmann said for the Housing and Community Development Commission July 11, 2019 Page 5 of 12 next year's funding cycle, where the new City Steps will not be done yet, it will be incorporated into one of the questions on the scoring criteria under community need, the need has to be listed as a high priority to get all 15 points, but the difference from a high to medium priority throughout the whole application however is only a difference of two points out of 100. In the future the City Steps will discuss how to prioritize or reallocate priorities based on the survey, which explicitly mentions priorities, and try to use the general public input rather than just HCDC. Lehmann feels there needs to be some sort of prioritization. Alter said often high priorities are at crisis level with high need and high impact but the flip side low priorities are often preventative or helping to avert crisis so she would hate to lose those. It will be important to remember that when looking at data and the results from the survey. Fixmer-Oraiz read a comment received on the survey. `7 believe the choices made regarding low, medium and high priority are somewhat subjective, children services are important as are women services, aging services and mental health. My fear is when start segregating groups in this way it minimizes growth opportunities for programs and hurts populations in our community that simply don't have access to other resources. Maybe if there was more clarity in how/why the rankings came to be it wouldn't be as much of a concern." Fixmer-Oraiz just wanted to put that quote out there because it speaks to the subject at hand. Fixmer-Oraiz asked where the rankings came from, she assumes City Steps. Lehmann believes they came from HCDC after City Steps was adopted. Genevieve Anglin (United Action for Youth) noted that it has been difficult that her agency does a lot of different things but because they have the word youth in their title they have always been classified into youth services. Over half their budget is used for homeless services and mental health services, so that complicates how they answer the questions on the application. Fixmer-Oraiz feels there needs to be a discussion on what questions should be on the application, a discussion between the Commission and the agencies so they don't miss the mark. However they are at the point now where the funding cycle is upon them so they will have to put up with some of the issues, there won't be time for a total overhaul. McKinstry stated he was pleased the Agency Impact Coalition was supportive of the staff recommendations and staff is supportive of the agencies so that is a good basis to proceed, looking at the points both have made and fuse them together. Fixmer-Oraiz asked if it is as simple as to adopt the Agency Impact Coalition's and staff memo recommendations. Lehmann said what would be good to go through the main framework in the staff memo and add in the items (maybe all) from the Coalition memo and then go through the ranking criteria so there is a basis for ranking this year and next year it can be tweaked after City Steps is complete. Kubly added they will need to adopt the draft application or make suggestions for changes so it can be given to The United Way to be released. Fixmer-Oraiz suggested they discuss from the staff memo the emerging agency funds, and asked if the two new funding sources were project based grants or could they be operational. Lehmann said they are project based but believes an agency could pay for staff. Fixmer-Oraiz noted keeping the emerging agency funds would be good because there just aren't a lot of funds available for operations and the category was created with an amount based on staff salary. Lehmann said the $15,000 for legacy funding was created due to staff salary needs — not the $5,000 minimum for emerging agency funds. Eastham suggested a recommendation that the other two sources of funds, social justice grants and climate action grants be available for operational needs. Kubly said they could make that recommendation but they do not have the authority to make that change. Lehmann suggested that HCDC send a representative to each of those commissions to make that recommendation during their public comment process. Lehmann said from staff perspective it is nice to have the distinction between project based and operational grants because project based grants have very concrete accomplishments whereas operational funding is harder to evaluate success. Fixmer-Oraiz said that is why most grants won't fund operations and why perhaps HCDC should keep the emerging agency funding set-aside. Housing and Community Development Commission July 11, 2019 Page 6 of 12 Lehmann said if HCDC is adopting the staff memo as their recommendation the Commission will need to add something about having Council look for funding sources, perhaps the two listed or others, to fund operational costs for newer agencies to help them get off the ground. Fixmer-Oraiz noted the survey had a few comments supporting the emerging agency funding and others that said it wasn't enough funding to even help. Fixmer-Oraiz feels they need to keep the emerging agency funds and perhaps with this data - driven process they can show the need for increasing the amount of funding to emerging agencies. Padron asked overall how this new process will be more permanent or secure for the legacy agencies. Is the only difference the five years? She thought there would be a group of agencies, older agencies, who will get money for sure every year, but if there is a process of ranking and voting then how are we assuring them they will get the money every year. Lehmann said with staff recommendations, there should be more consistent viewpoints over time, whereas with HCDC every year the membership changes by at least three people and that can change the direction. Additionally concrete ranking criteria should provide more stability. Padron said in the few years she has been on the Commission even with clear ranking criteria people find a way to rank differently so she would like to ask Council to commit to a certain amount for some agencies. Fixmer-Oraiz said that is the hope of the meeting between the Coalition and the City Manager to come to an agreement for stabilization. Padron asked if it was possible to just promise some agencies an amount of money for several years, they would still have to apply and have applications reviewed, but less ranking and more like an entitlement grant. Lehmann said theoretically that is possible, but that is very different from what has been done. Padron doesn't feel the process described in the staff memo is different than what is being done now, other than the five years of funding, but could be stuck for five years with a low amount of funding. Fixmer-Oraiz said that is why she wanted to focus on short-term and long-term goals, changes they could make tonight and then others that would need further discussion. McKinstry added this is a political process, new City Council members are elected all the time, HCDC members change, needs in the community change, there are many variables so there needs to be some flexibility. He appreciated the Agencies noted that part of their job is to inform the community about what they do so Council members could have the correct information and create relationships with agencies and make decisions. He feels getting started in the process earlier and being more collaborative will help. Alter stated there are however some constants, need is there, the executive directors and people working in these agencies are subject matter experts and know best what the needs are and how to best use the funds. She added having stability would help agencies do the work they need instead of going through this process every year or couple of years. And then if there is a spike in trends or crisis moment agencies can modify or amend ongoing needs to show the new needs. Alter agrees with Padron that doing this would be radical but having bureaucracy not be a barrier. Fixmer-Oraiz stated the only real answer moving forward is to be more collaborative and to have open communication to make sure changes are made and informed. She feels a recommendation at this time would be to adopt the staff memo with the additions from the Coalition memo, she added she would like to keep the support of the emerging agency funds. Eastham agreed and added the City Manager needs to hear clearly what amount of funding Aid to Agencies needs to be. The recommendation is the staff memo recommendation, paragraphs one through four, plus the Agency Impact Coalition memo points integrated, with the addition of a HCDC liaison to each agency for site visits recommended in bullet point one, paragraph five from the staff memo would be edited to note HCDC recommends continuing the emerging agency funding at its current 5% set aside. Eastham agrees but adds Council should still look at the other two sources of funding for emerging groups. With regards to the application, staff is interested in asking for LMI breakdowns in question six, which says "provide us with succinct specific description of your primary target population, describe client groups in terms of their primary needs and strengths, what barriers do they face. If the agency serves a regional area provide percent of overall clients that are Johnson County residents." Lehmann said the way they have graded that in the past is specific to 30% area median income or equivalent, 50% AMI or equivalent or 80% AMI or equivalent. He said they could potentially include that in a separate question in the appendix for agency demographics, knowing not all agencies have this data so they could say "or provide strong evidence of AMI served" or leaving it open to have "or those at similar standard of income level such as Housing and Community Development Commission July 11, 2019 Page 7 of 12 poverty line" leaving it open for the agency describes their services. Fixmer-Oraiz is curious of the agency perspective on this question of providing LMI demographics and the points assigned to the LMI. Having the data helps HCDC with their deliberations but she knows not all track the data, such as Free Lunch Program or Table to Table. Chelsey Markle the Arc of Southeast Iowa) said it is complicated for them, they do disability services and it is not necessarily a large LMI population but the funding received goes 100% towards the ones who can use the services. Fixmer-Oraiz asked if there was any way to just offer a comment box for the agencies to allow agencies to explain special situations. A member of the audience who was a former Table to Table board member stated a comment box would be very helpful so they could explain they do not keep actual statistics on the people who are eating the food, however they do their due diligence with the organizations who are giving out the food. Lehmann said adding a comment box to every question would double the number of questions which complicates the application. McKinstry suggested just one extra question at the end that is an open comment box to address in detail answers to questions above. Fixmer-Oraiz feels that could get complicated and would rather have a comment box after each question and go for quality and not worry about quantity of questions. Alter noted the LMI in particular, time and time again is hard to quantify when filling out the scoring if there isn't LMI data and it is such a large chunk of points and the comment box would be useful. Fixmer-Oraiz noted there was a comment in the survey about the funding question and the way it is asked in the application doesn't fit every organization. Lehmann said there have been questions/issues with the financial fee structure question as well as Form C and the auto calculations also causes hiccups. Kubly believes those hiccups have been resolved but will check with United Way to make sure it is taken care of. Lehmann said the Commission discussed cutting down the financial section, he as staff would primarily look at agency revenues, expenses and in-kind support, that he doesn't look as closely at fund balances or restricted funds so that may simplify the application. Padron is interested to see how much goes out to the programs and how much is salaries and operations. Lehmann said that is split out in the expenses. The Commission agreed they would only need a comment box for question six regarding the LMI served or benefits to LMI populations. Fixmer-Oraiz also noted they would need to be clearer moving forward to let the agency partners know when they needed to attend meetings for questions/answer periods. Kubly asked if they will be doing a memo to Council with all these recommendations included. Fixmer- Oraiz agreed it would be best, have staff put together a memo and the chair will sign it. Lehmann said the final piece is the scoring criteria. First is taken directly from question one "what specific need of the community is being addressed" so the first criteria is community need. 15 points describes a high priority need the completely addresses the community need and will solve the need; 10 points is high priority which addresses the community need and would have a major impact; 8 points would then be medium or low priorities that completely address the community need and have impact; 3 points for indirectly supporting the need or no supporting documentation or statistics, significant areas are missed in addressing the area; 0 points if it is not identifying a need described in City Steps. McKinstry stated there are high quality agencies and people who provide good documentation and while it may be hard to differentiate high from medium or low priorities (they are all priorities) he doesn't have any recommendation for a better system. Housing and Community Development Commission July 11, 2019 Page 8 of 12 Fixmer-Oraiz feels this is an area the Commission needs to work on, it's not perfect, so maybe keeping it as is for this round but digging into it in the future. Lehmann said with this new system staff will score all the applications, provide a rationale for the scores to the Commission and then the Commission will decide if they accept the staff recommendations or wish to make changes. Lehmann reviewed the rest of the other questions and scoring and the Commission agreed it was a good range of scores and criteria to move forward. He also noted they would look at the previous year's applications to note progress and outcomes from the agencies on previous awards. Fixmer-Oraiz noted that outcomes questions can be quantitative and some are qualitative, for example Habitat for Humanity does great work, but serves less people than other agencies. Eastham noted it must be looked at by individual agency, how their outcomes benefit the people they serve and compare to similar agency, such as did this Habitat chapter serve the same number of people that another Habitat chapter did and that is what they should be asking for. Lehmann liked that idea, they struggle with the depth of service versus the breath of service. Alter felt there is no need for some many categories or ranges of outcomes, it should be an either you are doing it or not. Lehmann agreed and noted staff can use its knowledge of other agencies to know what is happening. They also look at the success and experience of working with agencies in the past. Fixmer-Oraiz suggested combining the last two scoring criteria into a single question. McKinstry moved to recommend to City Council modifications to the Aid to Agencies process and approve FY21 Aid to Agencies forms as with changes as discussed. Alter seconded the motion. A vote was taken and the motion passed 5-0. REVIEW AND DISCUSS THE SOUTH DISTRICT HOME INVESTMENT PROGRAM: Kubly updated the Commission, noting staff went back to Council in May because staff was having trouble locating properties. Since then, they located a property and have a purchase agreement out that will go to Council next week (1232-1234 Sandusky Drive). The purchase price is $124,000 for the duplex so they are excited about the affordability of the property. It is currently vacant because it sustained fire damage earlier this year and tenants were relocated after the fire. Eastham asked if there were any insurance proceeds used to repair the fire damage. Kubly assumes there were for the property owner at that time. Lehmann added one of the units was already stripped down to the studs so that will make the renovation on that unit easier. After the fire, the owners replaced the roof and furnace. This is a side-by-side duplex so it will be two units. Of the two tenants that were renting the units, one left the state but the other might be interested in purchasing one of the units. Kubly stated even with the fire damage they are confident they can repair and rehab the units within the budget. They will have to condo the units so they can sell them separately and there is a building code/fire requirement that may have some additional costs. Eastham asked if staff was proposing to proceed with selling the units to a program qualified buyer under the requirements of the South District Home Investment Program, which was already approved by Council but now the purchase has to go back to Council. Lehmann said Council directed staff to reach out to property owners to locate properties based on the staff South District memo from December. Kubly said this specific acquisition will go before Council next week. Eastham asked the Commission to discuss the modifications to the Program as proposed by Habitat. Heath Brewer (Executive Director, Iowa Valley Habitat for Humanity) stated in terms of the purchase of property and the larger portion of investment the City would have to make is to stabilize the neighborhood by balancing affordable homeownership opportunities with affordable rental options and they understand Item Number: 7. +r p- W�rm�M CITY O� IOWA CITY www.icgov.org August 29, 2019 Memo from Media Production Services Coordinator: Future of the Telecommunications Commission [Previously distributed in 8/15 Information Packet] ATTACHMENTS: Description Memo from Media Production Services Coordinator: Future of the Telecommunications Commission [Previously distributed in 8/15 Information Packet] f^� ®4 CITY OF IOWA CITY MEMORANDUM Date: July 22, 2019 To: Ashley Monroe, Assistant City Manager From: Ty Coleman, Media Production Services Coordinator Re: Future of the Telecommunications Commission Introduction: The Iowa City Telecommunications Commission has been asked to consider its role as a commission, given that the local cable TV franchise agreement with Mediacom has expired. History/Background: The City Council formed the Iowa City Broadband Telecommunications Commission at the time of Iowa City's first cable TV franchise agreement with its first cable TV service provider. The Council enacted the Broadband Telecommunications Franchise Enabling Ordinance (later to be known as the Cable Television Franchise Enabling Ordinance), which established standards, regulations, and procedures for the granting of a cable television franchise, as well as defined the Telecommunications Commission and its role (attached). The purpose of the Commission was to recommend policies to the City Council on the regulation, development, and operation of cable television, telecommunications, and communications systems in Iowa City. Many of the Commission's established duties included actions related to the powers of the City as allowed by the local franchise agreement, such as resolving disputes between subscribers and the cable provider, providing recommendations related to basic tier rate regulation, conducting a triennial review of the cable TV system and recommending improvements to the system and amendments to the franchise agreement, establishing and administering sanctions to ensure compliance with the franchise enabling ordinance, and soliciting, reviewing, and providing recommendations to Council for selection of applicants for franchise. Other duties included promoting awareness of the local access channels, educating the public on telecommunications matters affecting consumers, identifying public rights-of-way issues and concerns, and making recommendations regarding development of the local communications infrastructure. In 2007, Iowa adopted a law that created a state franchise process for cable providers. Our local franchise agreement with Mediacom was able to remain in effect until its natural expiration, which took place on August 1, 2018. Mediacom has been operating under a state -issued franchise since this date and it is highly unlikely that a cable TV provider would ever seek a local franchise agreement in the future, though permissible by state law. Discussion of Solutions: Given the lack of a local cable TV franchise, the Telecommunications Commission has been considering its role going forward and how it might envision its potential for providing a valuable service to our community. While members of the Commission have agreed that the group does not have as great a purpose as it once did due to the end of the local franchise and a reduced number of access channels (UI, ICCSD, and ICPL channels have ceased use of their channels), the group has discussed its interest in the development of a municipal broadband advisory board. The Commission's proposal is attached for City Council's review and consideration. The Telecommunications Commission has stated that it will continue to operate as a Commission until it is decided by Council that it should either disband or that a municipal broadband advisory board be formed to explore the potential for creating a municipal broadband system in Iowa City. Recommendation: Staff recommends that the Commission's proposal be reviewed and that the City Council determine whether the Commission should be disbanded, whether to proceed with an advisory board, or whether it is necessary to meet with the Telecommunications Commission to discuss the proposal. Iowa City Telecommunications Commission Municipal Broadband Advisory Board Proposal to Iowa City City Council The Iowa City Telecommunications Commission was originally formed to advise, review, and resolve issues involving cable providers operating under the Iowa City franchise. Iowa City's municipal franchise agreement with Mediacom expired on August 1, 2018. At this time the commission was tasked with identifying future duties and responsibilities. This proposal is the result of that discussion. The Iowa City Telecommunications Commission proposes that the Iowa City City Council form an advisory board to explore creating a municipal broadband network to serve Iowa City. The board shall be established as follows: • The mission of the Municipal Broadband Advisory Board is to assist the City with determining whether a municipal broadband deployment in Iowa City is in the best interest of the community. This includes, but is not limited to: o Identifying the pros and cons of a municipal broadband deployment. o Outlining requirements for municipal broadband. o Financing recommendations and cost estimation. o Achieving diverse stakeholder representation and viewpoints. • The board shall be established for one year. The board will determine frequency of meetings. • The board shall consist of ten (10) members appointed by City Council or chosen by the Telecommunications Commission from a pool of candidates. Board members shall be chosen based on specialty and expertise. Relevant experience includes, but is not limited to: o Information technology, especially networking o Government agencies, especially municipal o Regulated utilities o Non-profit organizations o Institutions, including but not limited to the Iowa City Community School District and the University of Iowa o Small and large businesses o Professional services, for example: accountants, contractors, bankers, lawyers o Students • Board members duties include, but are not limited to: o Gather and present information about existing municipal broadband deployments. o Work with city officials to identify municipal infrastructure that can be utilized for broadband, estimate cost, and address other feasibility concerns. o Assess broadband access throughout the community to help prioritize deployment. o Provide a recommendation to City Council and assist in drafting RFP (if requested). • Board leadership shall consist of the following: o Chair o Secretary The Iowa City Telecommunications Commission has determined that since there is no city franchise agreement it no longer has a purpose. Once City Council has reached a decision on this proposal the Telecommunications Commission will disband unless tasked with advisory board candidate selection. Chapter 4 CABLE TELEVISION Division 1. Enabling Ordinance 12-4-1: SHORT TITLE: This chapter shall be known and may be cited as the CABLE TELEVISION FRANCHISE ENABLING ORDINANCE. (Ord. 05-4169, 7-5-2005) 12-4-2: DEFINITIONS: For the purpose of this chapter the following terms, phrases and words and their derivations shall have the meanings specified herein. When not inconsistent with the context, words used in the present tense include the future and words in the singular number include words in the plural number. ACCESS OR PUBLIC, GOVERNMENT, AND EDUCATIONAL ACCESS CHANNELS: Public, educational, government, library, and university access channels. ADDITIONAL SERVICE: A subscriber service provided by the grantee for which a special charge is made based on program or service content, time or spectrum space usage. ANNUAL GROSS REVENUES: All revenue received by the grantee from all sources in connection with the operation of grantee's cable television system. Gross revenues shall include, without limitation, amounts for all cable service, including, but not limited to, basic service and tier service, premium and pay per view services, advertising, leased access, installation and all other revenues derived from the operation of grantee's cable television system. Gross revenues shall not deduct the following: a) any operating expense; b) any accrual, including, without limitation, any accrual for commissions; or c) any other expenditures, regardless of whether such expense, accrual or expenditure reflects a cash payment, but revenue shall be counted only once in determining gross revenue. Gross revenues shall also include the revenue of any affiliate, subsidiary, parent, or any person or entity in which each grantee has a financial interest, derived from the operation of the cable television system for advertising, or for any other business operation of the cable television system, to the extent such revenue is derived through any means that has the effect of avoiding the payment of franchisee fees that would otherwise be paid to the grantor. Revenues of both grantee and an affiliate, subsidiary, parent, or any person or entity in which the grantee has a financial interest that represents a transfer of funds between them and that would constitute gross revenues of both the grantee and the affiliate, subsidiary, parent, or any person or entity in which the grantee has a financial interest shall be counted only once for purposes of determining gross revenues. Gross revenues shall not include franchise fees, any other fee, assessment, sales or other similar tax imposed by law on subscribers or that grantee is legally obligated to collect. BASIC SUBSCRIBER TELEVISION SERVICES OR BASIC SERVICES: A separately available basic service tier to which subscription is required for access to any other tier of service. Such basic service tier shall, at a minimum, consist of the following: All signals carried in fulfillment of the cable act, sections 614 and 615; any public, educational, and governmental access programming required in this chapter or the franchise; any signal of any television broadcast station that is provided by the cable operator to any subscriber, except a signal which is secondarily transmitted by a satellite carrier beyond the local service area of such station. Additional signals may be added to the basic tier by the grantee. CABLE SERVICE: The one-way transmission to subscribers of: a) video programming; or b) other programming service; and c) subscriber interaction, if any, which is required for the selection (or use) of such video programming or other programming service or as otherwise provided by law or regulation. CABLE TELEVISION CHANNEL: A portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel as defined by the federal communications commission. CABLE TELEVISION SYSTEM CHANNEL CAPACITY: The highest total number of cable television channels on which television signals from separate sources may be delivered downstream simultaneously to every subscriber in the network. The network may have additional channel capacity for specialized or discrete purposes, but the technical performance specified shall not be materially degraded thereby. CABLE TELEVISION SYSTEM OR CABLE SYSTEM (Also Referred To As SYSTEM): A facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include: a) a facility that serves only to retransmit the television signals of one or more television broadcast stations; b) a facility that serves subscribers without using any public rights of way; c) a facility of a common carrier which is subject, in whole or in part, to the provision of title II of the cable act, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers; or d) any facilities of any electric utility used solely for operating its electric utility systems. Cable television system, for the purpose of this chapter, shall include facilities owned or operated by a person providing cable service or multiple channels of video programming to subscribers on private property that receive cable service or multiple channels of video programming in whole or in part via cable, fiber or other wires or lines that are within the public rights of way regardless of whether the person providing cable service or multiple channels of video service from a common carrier pursuant to tariff or otherwise or other person that retains the programming on private property receives video programming transmission services, cable service, or other multiple channel video ownership, control and responsibility for all facilities located outside of the private property line. CHANNEL FREQUENCY RESPONSE: Within a cable television channel, the relationship as measured at a subscriber terminal between amplitude and frequency of a constant amplitude input signal at all specified frequencies within each channel. CITY: The city of Iowa City, Iowa, its officers and employees unless otherwise specifically designated, the area within the territorial city limits of the city and such territory presently outside the city limits over which the city may assume jurisdiction or control by virtue of annexation. CLOSED CIRCUIT OR INSTITUTIONAL SERVICE: Such video, audio, data and other services provided to and between institutional users. These may include, but are not limited to, one-way video, two-way video, voice, audio or digital signals transmitted among institutions and/or to residential subscribers. COMMENCE OPERATION: Operation will be considered to have commenced when sufficient distribution facilities have been installed so as to permit the offering of full network services to at least twenty five percent (25%) of the dwelling units located within the designated service area. COMMISSION: Refers to the Iowa City telecommunications commission. COMMUNICATIONS POLICY ACT OR CABLE ACT: The cable communications policy act of 1984, the cable television consumer protection and competition act of 1992, and the telecommunications act of 1996, as it may be amended or succeeded. COMPLAINT: An oral or written indication from a subscriber of a problem with any aspect of cable service. CONTIGUOUS: Abutting or within two hundred feet (200'). COUNCIL: The city council of the city of Iowa City, and any legally appointed or elected successor or agency. DATA GRADE: Coded transmissions primarily digital in nature. DAYS: Business days. DOWNSTREAM: The direction of transmission over the cable television system from the head end or hub to a subscriber's terminal. DROP: A coaxial connection from feeder cable to the subscriber/user television set, radio or other terminal. FCC: The federal communications commission and any legally appointed or elected successor. FAIR MARKET VALUE: The price that a willing buyer would pay to a willing seller for a going concern based on the system valuation prevailing in the industry at the time. FIBER: A transmission media of optical fiber cable capable of carrying transmissions by means of light wave impulses. FIBER NODE: The local transition point between the fiber distribution portion and the coaxial distribution portion of the upgraded cable communications system. FRANCHISE: A franchise contract entered into voluntarily by the grantee, containing the specific provisions of the franchise granted, including referenced specifications, franchise proposal, applications and other related material. The franchise granted pursuant to this chapter grants the nonexclusive rights to construct, operate and maintain a cable communications system along the streets and public ways and grounds within all or a specified area in the city. Any such authorization, in whatever form granted, shall not mean or include any license or permit required for the privilege of transacting and carrying on a business within the city as required by other ordinances and laws of the city. FRANCHISE AREA: The entire city, or portions thereof, for which a franchise is granted under the authority of this chapter. If not otherwise stated in the franchise, the franchise area shall be the corporate limits of the city, including all territory thereafter annexed to the city. FRANCHISE FEE: The percentage, as specified by this chapter, of the grantee's gross revenues from all sources payable in exchange for the rights granted pursuant to this chapter and the franchise agreement. FULL NETWORK SERVICE: All basic services and additional services offered by the grantee. GRANTEE: All persons including, but not limited to, subsidiaries, parent or affiliate companies, associations or organizations having any rights, powers, privileges, duties, liabilities or obligations, under this chapter, and under the franchise ordinance, collectively called the franchise, and also includes all persons having any title to or interest in the system, whether by reason of the franchise itself directly or by interest in a subsidiary, parent or affiliate company, association or organization by any subcontract, transfer, assignment, management agreement or operating agreement or an approved assignment or transfer resulting from a foreclosure of a mortgage security agreement or whether otherwise arising or created, and shall include the lawful successor, transferee, or an assignee of such franchisee or grantee. HEAD END: The land, electronic processing equipment, antennas, tower, building and other appurtenances normally associated with and located at the starting point of a cable television system, excluding the studio. HUB CONFIGURATION: A cable television system design technology wherein all transmission paths either originate or terminate at a central location within the community. INSTALLATION: The extension and/or construction of the system from the main trunk and/or feeder cable to subscribers' terminals except where such a procedure is required by this chapter without charge when it will mean the extension and/or construction of the system to one point in a designated building. LOCAL DISTRIBUTION CENTER: A facility, within the community remote from but connected to the hub, which distributes signals from the hub to a specified area in the cable television system. LOCAL DISTRIBUTION CENTER: A facility which originates from a local distribution center as opposed to the hub. MAY: Is permissive. NETWORK NOISE: That combination of undesired and fluctuating disturbances within a cable television channel, exclusive of undesired signals of discrete frequency which degrade the reproduction of the desired signal and which are due to modulation processes, thermal effects and other noise producing effects, not including hum. Network noise is specified in terms of its RMS voltage or its mean power level as measured in a four (4) MHz band above the lower channel boundary of a cable television system. NEW HOUSING AREA: Any area containing any newly constructed, rehabilitated, or restored residential or commercial unit which does not exist prior to the effective date of the franchise. OPEN VIDEO SYSTEM: Any channel or a facility consisting of a set of transmission paths and associated signal generation, reception and control equipment that is designed to provide cable television service, which includes video programming, which is provided to multiple subscribers within a community, and which the federal communications commission or its successor has certified as compliant with part 76 of the rules of the federal communications commission, 47 CFR, part 76, as amended from time to time. PERSON: An individual, partnership, association, organization or corporation or any lawful successor transferee. PHYSICAL MILES OF PLANT: Total miles of trunk, feeder, super trunk, and fiber optic cable. PUBLIC RIGHTS OF WAY OR STREETS AND PUBLIC GROUNDS: The surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkways, waterways, utility easements or other public right of way now or hereafter held by the city which shall entitle the city and the grantee to the use thereof for the purpose of installing and maintaining the grantee's cable television system. No reference herein, or in any franchise, to the streets and public grounds shall be deemed to be a representation or guarantee by the city that its title to any property is sufficient to permit its use for such purpose, and the grantee shall, by its use of such terms, be deemed to gain only such rights to use property in the city as the city may have the undisputed right and power to give. REASONABLE NOTICE: The provision of notice of contemplated action delivered at least forty eight (48) hours prior to such action. RESIDENT: Any person residing in the city or as otherwise defined by applicable law. RESIDENTIAL SUBSCRIBER: A subscriber who receives a service in an individual dwelling unit where the service is not to be utilized in connection with a business, trade or profession. SALE: Includes any sale, asset exchange or offer for sale. SHALL AND MUST: Each is mandatory. STRAND MILE: Messenger strand as measured from pole to pole without taking into consideration sag or downguys, and for buried plant, actual trench feet. STUDIO: The land, electronic processing equipment, towers, building, cameras, lights and other appurtenances normally associated with and located at the grantee's local origination and/or public access plants of a cable television system, excluding the head end. SUBSCRIBER TERMINAL: An electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and any channel selector which permits a subscriber to view all signals delivered at designated converter dial locations at the set or by remote control. SUBSTANTIALLY COMPLETED: Operation will be considered substantially completed when sufficient distribution facilities have been installed so as to permit the offering of full network services to at least ninety percent (90%) of the dwelling units in the service area to which access is legally and reasonably available. SYSTEM FACILITIES: The cable communications system constructed for use within the city, without limitation, the head end, antenna, cables, wires, lines, towers, amplifiers, converters, health and property security systems, equipment or facilities located within the corporate limits of the city designed, constructed or wired for the purpose of producing, receiving, amplifying and distributing by coaxial cable, fiber optics, microwave or other means, audio, radio, television and electronic signals to and from subscribers, in the city and any other equipment or facilities located within the corporate limits of the city intended for the use of the cable communications system; provided, however, such system facilities excludes building, contracts, facilities, and equipment where its sole use is for providing service to other system facilities located outside the city limits. TERMINAL ISOLATION: At any subscriber terminal, the attenuation between that terminal and any other subscriber terminal in that network. UPSTREAM: A signal originating from a terminal to another point in the cable television system including video, audio or digital signals for either programs or other uses such as security alert services, etc. (Ord. 05-4169, 7-5-2005) 12-4-3: CABLE TELEVISION ADMINISTRATOR AND IOWA CITY TELECOMMUNICATIONS COMMISSION: A. Administrator: The city manager is hereby authorized to appoint a cable television administrator for the purpose of exercising the city's continuing administration of the franchise. Such responsibility shall include, but not be limited to, the following matters: 1. Receive and investigate such complaints, disputes or disagreements as may be directed or referred to the city of Iowa City, Iowa, between subscribers or potential subscribers and grantees of a cable television system and other distribution systems interconnected with the cable television system, not first able to resolve their differences. 2. Report recommendations upon complaints, disputes or disagreements after investigation to the Iowa City telecommunications commission for the issuance of finding. 3. Review and audit reports, records, communications and grantee regulations submitted to the city of Iowa City, Iowa, and conducting such inspections of the system as may be necessary in support of such review as provided for in this chapter. 4. Work with the public and the media to assure that all tariffs, rates, charges and rules pertinent to the operation of the cable television system in the city of Iowa City, Iowa, are made available for inspection by the public at reasonable hours and upon reasonable request. 5. Confer and coordinate with the grantee on the interconnection of the city's cable television system with other similar networks. 6. Advise the Iowa City telecommunications commission. 7. Other such duties as the city manager or Iowa City telecommunications commission may assign. 8. Promote usage and understanding of the access channels. 9. Research and recommend new technologies that may be useful to the city, community, and cable system. B. Commission Established: Within thirty (30) days of the granting of the first franchise, there shall be appointed a commission to be known as the Iowa City telecommunications commission. C. Composition And Term: The Iowa City telecommunications commission shall consist of five (5) citizens of the city appointed by the city council for a term of three (3) years; except that the first appointees shall be appointed one for a term of one year, two (2) for a term of two (2) years and two (2) for a term of three (3) years; and thereafter, each shall be appointed for a term of three (3) years. Following system completion, it is recommended that a majority of the members be subscribers to the system at the time of their appointment. D. Commission Powers And Duties: The duties of the Iowa City telecommunications commission shall be as follows: 1. Resolving disputes or disagreement between subscribers, potential subscribers and grantee should such parties be unable first to resolve their dispute. The Iowa City telecommunications commission shall conduct a public hearing upon any petition by any person seeking resolution of a dispute concerning the operation of any franchise granted hereunder. The hearing shall be conducted pursuant to the Iowa administrative code, and following such hearing, the Iowa City telecommunications commission shall issue its finding or determination. Said finding or decision shall be final, and any person aggrieved may seek relief therefrom in the district court of Iowa as provided by state law. 2. Reviewing and auditing reports submitted to the city as required and said such other correspondence as submitted to the city concerning the operation of the cable television system so as to ensure that the necessary reports are completed and fulfilled pursuant to the terms of this chapter. 3. Work with the public and the media to assure that all records, rules and charges pertinent to the cable television system in the city of Iowa City are made available for inspection at reasonable hours upon reasonable notice. 4. Confer with the grantee and advise on the interconnection of the city's cable system with other cable and communications systems. 5. Subsequent to the initial franchise, solicit, review and provide recommendations to the city council for selection of applicants for franchise under this chapter. 6. Initiate inquiries, receive requests for review of rates charged by the grantee and provide recommendation on such actions to the city council. 7. Conduct evaluations of the system at least every three (3) years with the grantee and, pursuant thereto, make recommendations to the city council concerning system improvements and amendments to this chapter or any franchise agreement. 8. Establish and administer sanctions as authorized by the city council to ensure compliance with this chapter. 9. Make recommendations to the grantee of the cable television system and to the educational and governmental users of the educational and governmental access channels. 10. Ensure that the grantee makes the public access channel available to all residents of the city on a nondiscriminatory basis. 11. Assure that the operation of the public access channel be free of program censorship and control. 12. Cooperate with the entities operating access channels as those entities develop rules for such channels. 13. Perform such other duties and functions relative to public access channels as may be appropriate in order to maximize its use among the widest range of individuals, institutions and other organizations within the city. This shall include recommendations to the city council for utilization of the annual franchise payment. E. Rules And Regulations: The Iowa City telecommunications commission shall adopt such rules and regulations as are necessary to carry out its functions and to ensure that due notice is given to all parties concerning any hearing on any complaints to said Iowa City telecommunications commission and the hearings are held promptly in accordance with reasonable notice to all parties. The Iowa City telecommunications commission shall also have such powers to include the election of its own officers. (Ord. 05-4169, 7-5-2005) 12-4-4: REGULATORY JURISDICTION AND PROCEDURES: A. Continuing Regulatory Jurisdiction: The city shall have continuing regulatory jurisdiction and supervision over the operation of any franchise granted hereunder and may from time to time adopt such reasonable rules and regulations as it may deem necessary for the conduct of the business contemplated thereunder. Provided, however, such exercise of rights or powers subsequent to the effective date of a franchise will not impair the rights of the grantee thereunder, and if locally imposed, place an undue financial burden on such grantee. B. Regulatory Procedures: The Iowa City telecommunications commission shall consider any inquiry or proceeding, excluding those described in subsections B2 and B3 of this section, requiring city council action to be taken in regard to the cable television system or franchise, whether upon application or request by the grantee or any other party or on its own motion, and shall submit such consideration, together with the Iowa City telecommunications commission's recommendation, to the city council. Any action by the city council on any Iowa City telecommunications commission recommendation shall be taken only after thirty (30) days' notice of said proposed action, inquiry or proceeding is published in the official newspaper having general circulation and a copy of said notice is served upon the grantee. The grantee shall have an opportunity to respond at the hearing and/or in writing. Members of the public shall have an opportunity to respond or comment in writing on the proposed action and appear at said proceeding or hearing; however, such hearing or proceeding shall be set no later than ninety (90) days after notice to the grantee and the city council shall act upon this proceeding within one hundred eighty (180) days of the notice of hearing unless such time is extended by agreement between the city council and the grantee. The decision of the city council shall become a final determination. 2. Rate regulation procedures shall be conducted in accordance with the time frame established in division 2, "Rate Regulations", of this chapter. 3. The city shall have one hundred twenty (120) days to act upon any request for approval of a transfer that contains or is accompanied by such information as is required in accordance with FCC regulations and by the city. If the city fails to render a final decision on the request within one hundred twenty (120) days, such request shall be deemed granted unless the requesting party and the city agree to an extension of time. 4. The public notice required by this section shall state clearly the action or proposed action to be taken, the time provided for response, including response by the public, the person or persons in authority to whom such responses shall be addressed and such other procedures as may be specified by the city council. If a hearing is to be held, the public notice shall give the date, location and time of such hearing. The grantee will be provided with reasonable notice for any hearing conducted in regard to its operation. C. Triennial Franchise Review: On or about the third and sixth anniversaries of the effective date of the franchise, the city will schedule a public meeting or meetings with the grantee to review the franchise performance, plans and prospects. The city may require the grantee to reasonably make available specified records, documents and information for this purpose, and may inquire in particular whether the grantee is supplying a level and variety of services equivalent to those being generally offered at that time in the industry in comparable market situations. 2. The city shall first confer with the grantee regarding modifications in the franchise which might impose additional obligations on the grantee, and the grantee may in turn seek to negotiate relaxations in any requirements previously imposed on it which are subsequently shown to be impractical. 3. Within thirty (30) days of the conclusion of such negotiations, the city may direct the grantee to show cause why specified terms and conditions should not be incorporated into the franchise and the grantee may similarly file with the city a written request that specified obligations of its franchise be removed or relaxed. Implementation of such requests shall correspond as nearly as possible with the procedures set forth herein. The Iowa City telecommunications commission will recommend to the council changes in the franchised rights and obligations of the grantee only if it finds from all available evidence that such changes will not impair the economic viability of the system or degrade the attractiveness of the system's service to present and potential subscribers. D. Expiration: Upon completion of the term of any franchise granted under this chapter, the city may in its sole discretion grant or deny renewal of the franchise of the grantee in accordance with the provisions of the cable act. (Ord. 05-4169, 7-5-2005) 12-4-5: SIGNIFICANCE OF FRANCHISE: A. Franchise Nonexclusive: Any franchise granted hereunder by the city of Iowa City, Iowa, shall not be exclusive and the city reserves the right to grant a franchise to any person, firm, company, corporation or association at any time. The grant of one franchise does not establish priority for use over the other present or future permit or franchise holders or the city's own use of the streets and public grounds. The city shall at all times control the distribution of space in, over, under or across all streets or public grounds occupied by the cable communications system. B. Franchise Amendable: The scope of any franchise granted hereunder shall be deemed amendable from time to time by mutual consent, to allow the grantee and the city to innovate and implement new services and developments. C. Privileges Must Be Specified: No privilege or exemption shall be inferred from the granting of any franchise unless it is specifically prescribed. Nothing in this chapter shall be deemed to require the granting of a franchise when in the opinion of the council it would not be in the public interest to do so. D. Authority Granted: Any franchise granted hereunder shall give to the grantee the right and privilege to construct, erect, operate, modify and maintain in, upon, along, above, over and under streets which have been or may hereafter be dedicated and open to public use in the city, towers, antennas, poles, cables, electronic equipment and other network appurtenances necessary for the operation of a cable television system in the city, subject to limitations contained in this chapter. E. Previous Rights Abandoned: A franchise granted hereunder shall be in lieu of any and all other rights, privileges, powers, immunities and authorities owned, possessed, controlled or exercisable by a grantee or any successor pertaining to the construction, operation or maintenance of a cable communications system in the city. The acceptance of a franchise shall operate, as between grantee and the city, as an abandonment of any and all such rights, privileges, powers, immunities and authorities within the city. All construction, operation and maintenance by the grantee of any cable system in the city shall be under the franchise and not under any other right, privilege, power, immunity or authority. F. Subject To Other Regulatory Agencies' Rules And Regulations: The grantee shall at all times during the life of any franchise granted hereunder be subject to all lawful exercise of the police power by the city and other duly authorized regulatory state and federal bodies. G. Pole Use Agreements Required: No franchise granted hereunder shall relieve the grantee of any obligation involved in obtaining pole or conduit use agreements from the gas, electric and telephone companies, or others maintaining poles or conduits in the streets of the city, wherever the grantee finds it necessary to make use of said poles or conduits. H. No Right Of Property: The award of any franchise hereunder shall impart to the grantee no right of property in or on city owned property. I. Franchise Binding: All provisions of this chapter and any franchise granted hereto shall be binding upon the grantee, its successors, lessees or assignees. J. General City Ordinances: Any franchise granted by the city is hereby made subject to the general ordinance provisions now in effect and hereafter made effective. Nothing in the franchise shall be deemed to waive the requirements of the various codes and ordinances of the city regarding permits, taxes, fees to be paid, or manner of construction. K. No Waiver Of Rights: No course of dealing between the grantee and the city nor any delay on the part of the city in exercising any rights hereunder shall operate as a waiver of any such rights of the city or acquiescence in the actions of the grantee in contravention of rights except to the extent expressly waived by the city or expressly provided for in the franchise. (Ord. 05-4169, 7-5-2005) 12-4-6: THE CABLE TELEVISION FRANCHISE: No cable communications system, open video system, or person providing cable service shall be allowed to occupy or use the streets of the city or be allowed to operate within the city without a franchise granted pursuant to this chapter. All cable television franchises in the city shall be subject to the terms of this chapter. Any franchise granted for an open video system shall comply with all sections of this chapter, unless precluded from compliance by specific sections of applicable law. A. Franchise Required: No person, firm, company, corporation or association shall construct, install, maintain or operate within any public street in the city, or within any other public property of the city, any equipment or facilities for the distribution of cable service over a cable television system or an open video system to any subscriber unless a franchise authorizing the use of the streets or properties or areas has first been obtained pursuant to the provisions of this chapter, and unless such franchise is in full force and effect. Any franchise granted for an open video system shall comply with all sections of this chapter, unless precluded from compliance with specific sections by federal or state law, rule, or regulation. B. Franchise Applications: Public notice of request for proposals. The city may invite applications for a cable television franchise by means of a public notice advertising the availability of its request for proposals. 1. The public notice shall contain, but need not be limited to: a. A description of the franchise area which is sought. b. A statement that a formal request for proposals is available to prospective applicants from a city official whose name, address, and telephone number are specified. c. A statement that applications for the franchise must be submitted in writing in the form and manner specified in the request for proposals no later than a date certain. d. A statement that all applications will be made available for public inspection during normal business hours at a specified location. C. Request For Proposals: Prior to inviting any applications for any television franchise, the city shall prepare a request for proposals that shall contain, but need not be limited to, the following: 1. A description of the cable television system and services desired by the city including any system specifications established by the city. 2. A statement specifying the form that all applications shall follow. 3. A statement indicating the amount of the application fee (if any) to be submitted with the application, and the manner in which such fee is to be submitted. 4. A statement that all applications must contain the information required by the request for proposal. 5. The closing date for the submission of applications. 6. The name, address, and telephone number of the city official(s) who may be contacted for further information. D. Review Of Qualifications: Specific permission to operate a cable television system under the provisions of this chapter may be granted by the city council of the city to any grantee after: a review of the legal, character, financial, technical qualifications; an analysis of adequacy and feasibility of the grantee's construction arrangements; an assessment of whether public, educational and governmental access channel and institutional network capacity, equipment, facilities, services, and financial support are reasonable; a determination of whether the proposal meets the future cable communications needs of the city; and a review of the provision of other such information, equipment, services and support as required by the city, and after the city council has approved the grantee's qualifications as a part of a public proceeding affording due process. E. City Discretion: The city, at its discretion, may reject any application for a franchise. In awarding a franchise, the city: Shall allow the applicant's cable system a reasonable period of time to become capable of providing cable service to all households in the franchise area; may require adequate assurance that the cable operator will provide adequate public, educational, and governmental access channels and institutional network capacity, equipment, facilities, services, and financial support; shall determine the ability of the proposal to meet the future cable communications needs of the city; and may require adequate assurance that the cable operator has the financial, technical, or legal qualifications to provide cable service. F. Requirement For Public Hearing On Reasonable Notice: The city shall conduct a public hearing prior to awarding any cable television franchise. The hearing shall be preceded by reasonable notice to each of the franchise applicants and to the public, and shall be conducted by the city in accordance with the following procedures: 1. There shall be an agenda for the hearing which shall specify the proposal(s) to be considered at the hearing. 2. Every person who has applied for a cable television franchise shall appear at the hearing either in person or by authorized representative. The application of any applicant not so appearing shall not be further considered, except for good cause shown. 3. All applicants shall be given an opportunity to participate in the hearing, but nothing contained herein shall limit the power of the presiding officer to establish reasonable time limits and otherwise limit repetitive statements or questions. 4. The notice of hearing shall: a. Conform to all relevant state and local laws and ordinances. b. Describe the agenda to be considered at the public hearing. c. Indicate that copies of all franchise applications are available for public inspection during normal business hours at a place to be specified in the notice. G. Duration Of Franchise: Upon filing by the grantee of the proper acceptance, the bond and the required insurance and security fund, the franchise shall take effect as provided in section 12-4-10 of this chapter, and shall continue in full force and effect for a term to be set by the council in the franchise. H. Exemptions: Subsections B, C, D, E, and F of this section do not apply to an incumbent operator afforded renewal rights under section 626 of the cable act. (Ord. 05-4169, 7-5-2005) 12-4-7: OPERATION OF FRANCHISE: A. Operation To Be In Accordance With Rules: The grantee shall maintain and operate its cable television system in accordance with the rules and regulations of the federal communications commission, the state of Iowa and/or the city as are incorporated herein or may be promulgated. B. Interruption Of Service; Notification: The grantee, whenever it is necessary to interrupt service over the cable television system for the purpose of network maintenance, alteration or repair, shall do so at such time as will cause the least amount of inconvenience to the subscribers, and unless such interruption is unforeseen and immediately necessary, the grantee shall give reasonable notice thereof to the affected subscribers. C. Office And Phone For Complaints: The grantee shall maintain an office within the city limits which shall be open during all normal business hours, including some weeknight and Saturday hours, have a listed local telephone number and be so operated that complaints and requests for repairs or adjustments may be received at any time. D. Service Records Maintained: The grantee shall at all times make and keep a list of all complaints and interruptions or degradation of service received or experienced during the term of franchise. The records maintained above shall also include complaint response time and service restoration period and shall be continuously open to inspection, examination or audit, subject to subscriber privacy rights pursuant to section 631 of the cable act, by any duly authorized representative of the city or member of the public. E. Grantee Rules And Regulations: The grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonable and necessary to enable the grantee to exercise its rights and perform its obligations under this chapter and any franchise granted hereunder. 1. Rules To Be In Conformance With Other Regulations: None of such rules, regulations, terms and conditions promulgated under this subsection E shall be in conflict with the provisions hereof or the laws of the state, or the rules and regulations of the federal communications commission or any rules and regulations promulgated by the city in the exercise of their regulatory authority granted hereunder. 2. All Rules To Be Filed With City: Three (3) copies of all rules, regulations, terms and conditions promulgated under this subsection E, together with any amendments, additions or deletions thereto, shall be kept currently on file with the city clerk and another copy thereof shall be maintained for public inspection during normal business hours at grantee's office in the city and the copy shall be provided to the Iowa City telecommunications commission; no such rules, regulations, terms, conditions or amendments, additions or deletions thereto shall take effect unless and until so filed and maintained. This subsection E2 is not intended to apply to the company's personnel and other internal rules and regulations. F. Subscribers' Antennas: The grantee shall not require the removal or offer to remove or provide any inducements for removal of any potential or existing subscriber's antenna as a condition of provision of service. G. Antenna Switch: The grantee, upon request from any subscriber, shall install at a reasonable charge a switching device to permit a subscriber to continue to utilize the subscriber's own television antenna. H. Service Response: The grantee shall provide same day service response, seven (7) days a week for all complaints and requests for repairs or adjustments received prior to two o'clock (2:00) P.M. each day. In no event shall the response time for calls received subsequent to two o'clock (2:00) P.M. exceed twenty four (24) hours. I. State Of The Art: 1. This section shall be reviewed by the city during its triennial reviews whose time frames are set forth in subsection 12-4-4C of this chapter. In the event that the grantee, its parent company, management firm or affiliates have installed state of the art improvements in any system of similar size owned by grantee, its parent company, management firm or affiliates, which increase channel capacity and provide additional cable service, make bidirectional capacity operational from the home, provide improvements in technological performance, provide for interactive services, and/or other substantial improvements, then the grantee shall make said improvements available to the city of Iowa City subscribers within one year. 2. The city shall hold a hearing to determine whether state of the art technology is required hereunder. Such hearing shall afford the grantee an opportunity to make a presentation on the state of the art change and whether the conditions specified herein indicate that a state of the art change is needed. The city may require the grantee to implement state of the art changes which meet the threshold specified herein. (Ord. 05-4169, 7-5-2005) 12-4-8: RIGHTS RESERVED TO THE CITY: A. Governing Requirement: At all times during the term of the franchise, grantee shall comply with all laws, rules or regulations of the city, state or federal governments, their regulatory agencies or commissions which are now applicable or may be applicable hereafter to the construction and operation of the cable communications system, including, without limitation, all laws, ordinances, or regulations now in force or hereafter enacted. Nothing herein shall be deemed a waiver of grantee's right to challenge the validity of any such law, rule or regulation. B. Change In Law Or Regulation: Notwithstanding any other provisions of this chapter to the contrary, the grantee shall at all times comply with all laws and regulations of the local, state and federal governments. In the event that any actions of the state or federal government or any agency thereof, or any court of competent jurisdiction upon final adjudication, substantially reduce in any way the power or authority of the city under this chapter or the franchise, or if in compliance with any local, state, or federal law or regulation, the grantee finds conflict with the terms of this chapter, the franchise, or any law or regulation of the city, then as soon as possible following knowledge thereof, the grantee shall notify the city of the point of conflict believed to exist between such law or regulation and the laws or regulations of the city, this chapter and the franchise. The city, at its option, may notify the grantee that it wishes to negotiate those provisions which are affected in any way by such modification in regulations or statutory authority. Thereafter, the grantee shall negotiate in good faith with the city in the development of alternate provisions which shall fairly restore the city to the maximum level of authority and power permitted by law. The city shall have the right to modify any of the provisions to such reasonable extent as may be necessary to carry out the full intent and purpose of this chapter and the franchise, subject to applicable federal and state law. C. Authority: The city reserves the right to exercise the maximum plenary authority, as may at any time be lawfully permissible, to regulate the cable television system, the franchise and the grantee. Should applicable legislative, judicial or regulatory authorities at any time permit regulation not presently permitted to the city, the city and the grantee shall negotiate in good faith to determine what additional regulation by the city shall be permissible. D. Right Of Amendment Reserved To City: The city may from time to time, add to, modify or delete provisions of this chapter as it shall deem necessary in the exercise of its regulatory powers. Provided, however, such exercise of rights or powers subsequent to the effective date of a franchise will not impair the rights of the grantee thereunder, and if locally imposed, place an undue financial burden on such grantee. Such additions or revisions shall be made only after a public hearing for which the grantee shall have received written notice at least thirty (30) days prior to such hearing. E. Grantee Agrees To City's Rights: The city reserves every right and power which is required to be reserved or provided by an ordinance of the city, and the grantee by its acceptance of the franchise agrees to be bound thereby and to comply with any action or requirements of the city in its lawful exercise of such rights or powers which have been or will be enacted or established, subject to federal and state law. F. City's Right Of Intervention: The city shall have the right to intervene and the grantee specifically agrees by its acceptance of the franchise not to oppose such intervention by the city in any suit or proceeding to which the grantee is a party, provided, however, grantee shall not be obligated to indemnify the city for any such suit. G. Powers Of The City: Neither the granting of any franchise nor any provision governing the franchise shall constitute a waiver or bar to the exercise of any governmental right or power of the city. H. City's Right Of Inspection: The city reserves the right during the life of any franchise granted hereunder to inspect all system facilities and property and supervise all construction or installation work performed subject to the provisions of this chapter and to perform network measurements to ensure compliance with the terms of this chapter. I. City's Right Of Acquisition: Upon expiration of the term of the franchise or revocation or other termination as provided by law, the city shall have the right to purchase the cable television system as specified in subsection 12-4-11 D of this chapter. J. City's Right Of Network Installation: The city reserves the right during the life of any franchise granted hereunder to install and maintain free of charge upon or in the poles and conduits of the grantee any wire and pole fixtures necessary for municipal networks, on the following conditions: that such installation and maintenance thereof does not interfere with the operation of the grantee; that such fixtures be used for governmental and educational purposes, and the city agrees to indemnify the grantee for such use. (Ord. 05-4169, 7-5-2005) 12-4-9: APPLICATIONS FOR FRANCHISE: No franchise may be granted until the applicant has successfully completed the application procedure. A. Proposal Bond And Filing Fee: All applicants must provide a proposal bond as required herein and pay a nonrefundable filing fee to the city of ten thousand dollars ($10,000.00) at the time the application is submitted. This bond and filing fee does not apply to an incumbent operator afforded renewal rights under section 626 of the cable act. B. Request For Proposal: All applicants must complete the request for proposal (RFP) issued by the city which shall include, but not be limited to, the following: 1. Name And Address Of Applicant: The name and business address of the applicant, date of application and signature of applicant or appropriate corporate officer(s). 2. Description Of Proposed Operation: A general description of the applicant's proposed operation, including, but not limited to, business hours, operating staff, maintenance procedures beyond those required in this chapter, management and marketing staff complement and procedures and, if available, the rules of operation for public access. 3. Signal Carriage: A statement of the television and radio services to be provided, including both off the air and locally originated signals. 4. Special Services: A statement setting forth a description of the automated services proposed as well as a description of the funds, services, and production facilities to be made available by the grantee for the public, municipal and educational channels required to be made available by the provisions of this chapter. 5. Schedule Of Charges: A statement of the applicant's proposed schedule of charges as set forth herein. 6. Corporate Organization: A statement detailing the corporate organization of the applicant, if any, including the names and addresses of its officers and directors and the number of shares held by each officer and director. 7. Stockholders: A statement identifying the number of authorized outstanding shares of applicant's stock, including a current list of the names and current addresses of its shareholders holding three percent (3%) or more of applicant's outstanding stock. 8. Intracompany Relationships: A statement describing all intracompany relationships of the applicant, including parent, subsidiary or affiliated companies. 9. Agreements And Understandings: A statement setting forth all agreements and understandings, whether written or oral, existing between the applicant and any other person, firm, group or corporation with respect to any franchise awarded hereunder and the conduct of the operation thereof existing at the time of proposal submittal. 10. Financial Statement: If applicant is a corporation, audited financial statements for the two (2) previous fiscal years. If applicant is a partnership, copies of the U.S. partnership return of income (IRS form 1065) for the two (2) previous fiscal years. If applicant is a sole proprietorship, copies of the U.S. individual income tax return (IRS form 1040) for the two (2) previous fiscal years. 11. Financial Projection: A ten (10) year operations pro forma which shall include the initial and continuous plant investment, annual profit and loss statements detailing income and expenses, annual balance sheets and annual levels of subscriber penetration. Costs and revenues anticipated for voluntary services shall, if presented, be incorporated in the pro forma as required in this chapter, but shall be separately identified in the pro forma. 12. Financial Support: Suitable written evidence from a recognized financing institution, addressed to both the applicant and to the city, advising that the applicant's financial ability and planned operation have been analyzed by the institution, and that the financing institution is prepared to make the required funds available to applicant if it is awarded a franchise. 13. Construction Timetable: A description of system construction including the timetable for provision and extension of service to different parts of the city. 14. Technical Description: A technical description of the type of system proposed by the applicant, including, but not limited to, system configuration (i.e., hub, dual cable), system capacity, two- way capability, etc. 15. Technical Statement: A statement from the applicant's senior technical staff member or consultant advising that he/she has reviewed the network description, the network technical standards, performance measurements, channels to be provided, service standards, construction standards and conditions of street occupancy as set forth in or required by this chapter, and that the applicant's planned network and operations will meet all said requirements. 16. Existing Franchises: A statement of existing franchises held by the applicant including when the franchises were issued and when the systems were constructed and the present state(s) of the system(s) in each respective governmental unit, together with the name and address and phone number of a responsible governmental official knowledgable of the applicant. 17. Convictions: A statement as to whether the applicant or any of its officers or directors or holders of three percent (3%) or more of its voting stock has in the past ten (10) years been convicted of or has charges pending for any crime other than a simple misdemeanor traffic offense, and the disposition of such case. 18. Operating Experience: A statement detailing the prior cable television experience of the applicant including that of the applicant's officers, management and staff to be associated, where known, with the proposed franchise. 19. Franchise Renewal Information: Subject to section 626 of the cable act, if an application is for renewal of a franchise, the proposal must include, in addition to the information required in subsections B1 through B18 of this section: a. A summary of the technical, financial and programming history of the network since the granting of the original franchise. b. A statement and timetable that outlines all proposed changes, expansion or improvements in the system as to services, programming or technical specifications during the forthcoming three (3) year review period. C. Special Interests: In order to maximize the potential of the cable television system, comparative evaluations of applications will reflect the city's special interest in the following areas: 1. Programming And Production Assistance: A proposal for funding facilities, equipment or personnel beyond those required elsewhere to be designated to effect and promote public, educational, and government access, and community programming development. 2. Discrete Carriage Capacity: A proposal for the origination, experimental uses and/or interconnection by or of agencies specified in section 12-4-17 of this chapter for specialized needs and a plan accommodating such future needs as may arise. 3. Bidirectional Capacity: A proposal for effectuating the cable television system's bidirectional capacity and integration of the city's interactive system. 4. Multiorigination: A proposal for system construction in such a way that it is possible to allow occasional simultaneous cablecasting of different programs on the same channel to different parts of the city. 5. University Of Iowa: A proposal for interconnecting the city's cable television system with a University of Iowa cable network as specified by the university so that residents of the city will benefit from the university's resources. 6. Converters: A proposal for inclusion of converters or other subscriber technology as part of the basic service. 7. Institutional Network: A proposal to provide bidirectional interconnection of video, voice, audio and data among public sector locations and interconnect to the subscriber network. 8. Home Interactive: A proposal to provide two-way services to subscribers' homes. D. Additional Requirements: The application for franchise shall respond specifically, and in sequence, to the RFP. Twenty (20) copies of the application shall be supplied to the city. The city may, at its discretion, consider such additional information as part of the application. E. Supplementation To Applications: The city reserves the right to require such supplementary, additional or other information as the city deems reasonably necessary for its determinations. Such modifications, deletions, additions or amendments to the application shall be considered only if specifically requested by the city. (Ord. 05-4169, 7-5-2005) 12-4-10: ACCEPTANCE AND EFFECTIVE DATE OF FRANCHISE: A. Franchise Acceptance Procedures: Any franchise awarded hereunder and the rights, privileges and authority granted thereby shall take effect and be in force from and after the sixtieth day following the award thereof, provided that within sixty (60) days following award from the effective date the grantee shall file with the city the following: 1. A notarized statement by the grantee of unconditional acceptance of the franchise; and 2. A certificate of insurance as set forth in section 12-4-14 of this chapter; and 3. A letter of credit as set forth in section 12-4-15 of this chapter; and 4. Reimbursement to the city for the costs of publication of this chapter, and cost of the initial franchising process; and 5. Written notification of the grantee's location and address for mail and official notifications from the city. B. Forfeiture Of Proposal Bond: Should the grantee fail to comply with subsection A of this section, it shall acquire no rights, privileges or authority under this chapter whatever, and the amount of the proposal bond or certified check in lieu thereof, submitted with its application, shall be forfeited in full to the city as liquidated damages. C. Grantee To Have No Recourse: The grantee shall have no monetary recourse whatsoever against the city for any loss, cost, expense or damage arising out of any provision or requirement of this chapter or its regulation or from the city's lawful exercise of its authority to grant additional franchises hereunder. This shall not include negligent acts of the city, its agents or employees. D. Acceptance Of Power And Authority Of City: The grantee expressly acknowledges that in accepting any franchise awarded hereunder, it has relied upon its own investigation and understanding of the power and authority of the city to grant the franchise. E. Inducements Not Offered: The grantee, by accepting any franchise awarded hereunder acknowledges that it has not been induced to enter into the franchise by any understanding or promise or other statement, whether verbal or written, by or on behalf of the city concerning any term or condition of the franchise that is not included in this chapter. (Ord. 05-4169, 7-5-2005) 12-4-11: TERMINATION OF FRANCHISE: A. Grounds For Revocation: The city reserves the right to revoke any franchise and rescind all rights and privileges associated with the franchise in the following circumstances: 1. If the grantee should default in the performance of any of its material obligations under this chapter or the franchise and fails to cure the default within sixty (60) days after receipt of written notice of the default from the city, or such longer time as specified by the city. 2. If the grantee should fail to provide or maintain in full force and effect the construction bond, letter of credit and liability and indemnification coverages as required in this chapter. 3. If a petition is filed by or against the grantee under the bankruptcy act or any other insolvency or creditors' rights law, state or federal, and the grantee shall fail to have it dismissed. 4. If a receiver, trustee or liquidator of the grantee is applied for or appointed for all or part of the grantee's assets. 5. If the grantee makes an assignment for the benefit of creditors. 6. If the grantee violates any order or ruling of any state or federal regulatory body having jurisdiction over the grantee, unless the grantee or any party similarly affected is lawfully contesting the legality or applicability of such order or ruling and has received a stay from a court of appropriate jurisdiction. 7. If the grantee evades any of the provisions of this chapter or the franchise. 8. If the grantee practices any fraud or deceit upon the city or cable subscribers. 9. Subject to sections 12-4-19 and 12-4-20 of this chapter, if the grantee's construction schedule is delayed later than the schedule contained in the franchise or beyond any extended date set by the city. 10. If the grantee materially misrepresents facts in the application for a franchise. 11. If the grantee ceases to provide services over the cable communications system for seven (7) consecutive days for any reason within the control of the grantee. 12. If the grantee fails to comply with any material access provisions of this chapter or the franchise. B. Procedure Prior To Revocation: Upon the occurrences of any of the events enumerated in subsections Al, A2, A11, and Al2 of this section, the city council may, after hearing, upon thirty (30) days' written notice to the grantee citing the reasons alleged to constitute cause for revocation, set a reasonable time in which the grantee must remedy the cause. If, during the thirty (30) day period, the cause shall be cured to the satisfaction of the city, the city may declare the notice to be null and void. If the grantee fails to remedy the cause within the time specified, the council may revoke the franchise. In any event, before a franchise may be terminated, the grantee must be provided with an opportunity to be heard before the city council. C. Effect Of Pending Litigation: Unless a stay is issued by a court of appropriate jurisdiction, pending litigation or any appeal to any regulatory body or court having jurisdiction over the grantee shall not excuse the grantee from the performance of its obligations under this chapter or the franchise. Failure of the grantee to perform material obligations because of pending litigation or petition may result in forfeiture or revocation pursuant to the provisions of this section. D. Purchase Of System By City: If a renewal of a franchise held by a grantee is denied and the city acquires ownership of the cable system or effects a transfer of ownership of the system to another person, any such acquisition or transfer shall be: 1. At fair market value, determined on the basis of the cable system valued as a going concern but with no value allocated to the franchise itself; or 2. In the case of any franchise existing on the effective date of this chapter, at a price determined in accordance with the franchise if such franchise contains provisions applicable to such an acquisition or transfer. 3. If a franchise held by the grantee is revoked for cause and the city acquires ownership of the cable system or effects a transfer of ownership of the system to another person, any such acquisition or transfer shall be at an equitable price. E. Restoration Of Public And Private Property: In removing its plants, structures and equipment, the grantee shall refill at its own expense any excavation made by it and shall leave all public ways and places and private property in as good condition as existed prior to grantee's removal of its equipment and appliances, without affecting the electric or telephone cables, wires or attachments. The city shall inspect and approve the condition of the public ways and public places and cables, wires, attachments and poles after removal. Liability insurance, indemnity, the performance bond and security fund provided in this chapter shall continue in full force and effect during the period of removal. F. Restoration By City; Reimbursement Of Costs: If the grantee fails to complete any work required by subsection E of this section or any work required by other law or ordinance within the time established and to the satisfaction of the city, the city may cause such work to be done and the grantee shall reimburse the city the costs thereof within thirty (30) days after receipt of an itemized list of such costs, or the city may recover such costs as provided in this chapter. G. Lesser Sanctions: Nothing shall prohibit the city from imposing lesser sanctions or censures than revocation. H. Expiration; Extended Operation: Upon the expiration of a franchise, the city may, by resolution, on its own motion or request of the grantee, require the grantee to operate the franchise for an extended period of time not to exceed six (6) months from the date of any such resolution under the same terms and conditions as specified in this chapter and the franchise. All provisions shall continue to apply to operations during an extension period. The city shall serve written notice at the grantee's business office of intent to extend under this section at least thirty (30) days prior to expiration of the original franchise or any extensions thereof. (Ord. 05-4169, 7-5-2005) 12-4-12: REPORTS AND RECORDS OF THE GRANTEE: A. Annual Financial Reports Required: The grantee shall file annually with the city clerk not later than three (3) months after the end of its fiscal year during which it accepted a franchise hereunder and within four (4) months after the end of each subsequent fiscal year, two (2) copies of: 1. The report to its stockholders; and 2. An annual, fully audited and certified revenue statement from the previous calendar year for the Iowa City system, including subscriber revenue from each category of service and every source of nonsubscriber revenue. B. Annual Facilities Report Required: Within thirty (30) days of a request by the city, the grantee shall file annually with the city clerk two (2) copies of a total facilities report setting forth the total physical miles of plant installed or in operation during the fiscal year and a strand map showing the location of same. C. Annual Service Record Report Required: The grantee shall make available to the city for its inspection at the grantee's office, a list of all trouble complaints and network downtime received or experienced during the fiscal year. All such submitted data shall also include complaint disposition and response time. D. Annual Measurements Report Required: The grantee shall within thirty (30) days of a request by the city, provide two (2) copies of a report on the network's technical measurements, as set forth herein. E. Tests Required By City: Technical tests required by the city as specified in this chapter and the franchise shall be submitted within fourteen (14) days of notification. F. Annual Operations Reports Required: The grantee shall file annually with the city clerk not later than three (3) months after the end of its fiscal year during which it accepted a franchise hereunder and within four (4) months after the end of each subsequent fiscal year two (2) copies of the following supplemental information: 1. If a nonpublic corporation, a list of all current shareholders and bondholders both of record or beneficial. If a public corporation, a list of all shareholders who individually or as a concerted group hold five percent (5%) or more of the voting stock of the corporation. 2. A current list of all grantee's officers and directors including addresses and telephone numbers. 3. The names of both business and residential addresses and phone numbers of the cable television system resident manager and engineer. 4. Two (2) copies of all types of subscriber agreements. Copies of individual subscribers' agreements are not to be filed with the city. 5. Copies of all rules and regulations promulgated by the grantee during the fiscal year in the conduct of its business in accordance with the provisions of this chapter. 6. A copy of the annual report(s) of the parent firm(s) which own an interest of more than three percent (3%) or more of the voting stock of the grantee; and such other annual report(s) of subsidiaries or divisions of the parent firm(s) as the city deems necessary for the enforcement of this chapter and the franchise. G. Annual Subscriber Notification: Copies of all annual subscriber notifications required by the federal communications commission. H. Application For Certificate Of Compliance: The grantee shall give formal notice to the city that it is seeking a certificate of compliance from the federal communications commission. Within five (5) calendar days upon filing such a request with the federal communications commission, the grantee shall file two (2) copies of its application for certification with the city clerk. Public Availability Of Reports: Such documents and reports as required under this chapter must be available to the public in the office of the city clerk, during normal business hours. Subscribers shall be notified of the availability of such reports in ways approved by the Iowa City telecommunications commission. J. Correspondence: The grantee shall, upon request of the city, file with the city clerk a copy of each petition, application and communications transmitted by the grantee to, or received by the grantee from, any federal, state or other regulatory commissions or agencies having competent jurisdiction to regulate and pertaining to the operations of any cable television system authorized hereunder. K. City's Access To Records: 1. Reasonable Notice: The city reserves the right during the life of any franchise granted hereunder to have access, necessary for the enforcement of this chapter and the franchise, at all normal business hours and, upon the giving of reasonable notice, to all of the grantee's books, necessary for the enforcement of contracts, engineering plans, income tax returns, accounting reports, financial statements and service records and other like materials relating to the property and the operation under the franchise, and to all other records required to be kept hereunder. Nothing contained herein shall prevent the grantee from enjoining the city from reviewing documents relating to proprietary interests not related to its operation under this chapter in the city's regulatory program. 2. Additional Reports: The grantee shall prepare and furnish to the city at the times and in the form prescribed, such additional reports with respect to its operation, affairs, transactions or property, as may be reasonably necessary and appropriate to the performance of any of the rights, functions or duties of the city in connection with this chapter or the franchise. 3. Confidential Information: The grantee acknowledges that the reports, books and records which must be prepared and furnished to the city in connection with this chapter or a franchise granted under this chapter may constitute public records under state law and the grantee may be required to permit examination and copying of such records upon request. If the city receives a demand from any person for disclosure of any information, which the grantee has designated as confidential, the city shall immediately advise the grantee of the request and provide the grantee with a copy of any written request. L. Proof Of Bonds And Insurance: Grantee shall submit to the city the required bond, or a certified copy thereof and all certificates of insurance required by this chapter. (Ord. 05-4169, 7-5-2005) 12-4-13: FRANCHISE PAYMENT: A. Filing Fee: Applicants for an initial franchise hereunder shall pay a nonrefundable filing fee to the city of ten thousand dollars ($10,000.00) which sum shall be due and payable at the time of submission of the application. B. Franchising Compensation: Grantees of a franchise hereunder shall provide an initial payment to the city in an amount equal to the direct costs of granting the initial franchise including, but not limited to, consultant fees, which sum shall be due and payable concurrently with the grantee's acceptance of the franchise, to offset the city's costs in the franchise awarding process. (Ord. 05- 4169, 7-5-2005) C. Annual Franchise Payment: Grantees of a franchise hereunder shall pay to the city an annual fee in an amount equal to five percent (5%) of the "annual gross revenues", as defined herein, in lieu of all other city permits and fees, to be utilized in part by the city to offset its cable television related regulatory and administrative costs and to maximize awareness and use of the public, education, and governmental access and institutional network capacity. If the maximum franchise fee allowed by law is greater than five percent (5%), the city may require the higher amount. The franchise payment shall be in addition to any other payment owed to the city by the grantee and shall not be construed as payment in lieu of municipal property taxes or other state, county or local taxes. The city shall provide the grantee written notice forty five (45) days prior to collection of an increased franchise fee. (Ord. 05-4169, 7-5-2005; amd. Ord. 06-4201, 4-4-2006) D. Method Of Computation; Interest: Sales taxes or other taxes levied directly on a per subscription basis and collected by the grantee shall be deducted from the local annual gross revenues before computation of sums due the city is made. Payments due the city under the provisions of subsection C of this section shall be computed quarterly as of March 31, June 30, September 30 and December 31 for the respective quarters of each year ending on said dates and shall be paid quarterly within three (3) months after each respective computation date at the office of the city clerk during the city clerk's regular business hours. The payment period shall commence as of the effective date of the franchise. The city shall be furnished a statement with each payment, by the grantee's division controller, reflecting the total amounts of gross revenue and the above charges, deductions and computations, for the quarterly payment period covered by the payment. 2. In the event that any payment is not made as required, interest on the amount due, as determined from the annual gross revenues as computed by a certified public accountant shall accrue from the date of the required submittal at an annual rate of twelve percent (12%). The percentages designated in this section may be amended no more than once each year by the council, consistent with increased costs for municipal facilities and supervision and applicable rules of other regulatory agencies. E. Rights Of Recomputation: No acceptance of any payment by the city shall be construed as a release or as an accord and satisfaction of any claim the city may have for further or additional sums payable as a franchise fee under this chapter or for the performance of any other obligation of the grantee. All amounts paid shall be subject to audit and recomputation by the city. (Ord. 05- 4169, 7-5-2005) 12-4-14: LIABILITY AND INDEMNIFICATION: A. Indemnification Of Franchise: It shall be expressly understood and agreed by and between the city and any grantee hereunder that the grantee shall save the city harmless from all loss sustained by the city on account of any suit, judgment, execution, claim or demand which the city may legally be required to pay as a result of the enactment of this chapter and the award of a franchise to grantee, except as such suit, judgment, execution, claim or demand may arise from the process or action of selection of a grantee or grantees for award of a franchise as provided herein. B. Indemnification Of City In Franchise Operation: It shall be expressly understood and agreed by and between the city and any grantee hereunder that the grantee shall save the city and its agents and employees harmless from and against all claims, damages, losses and expenses, including attorney fees sustained by the city on account of any suit, judgment, execution, claim or demand whatsoever arising out of the installation, operation or maintenance of the cable television system by the grantee, its employees or agents, as authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited by this chapter and any franchise granted hereunder. This provision shall not apply to acts of the city, its agents or employees. C. Reimbursement Of Costs: The grantee shall pay and by its acceptance of any franchise granted hereunder agrees that it will pay all expenses and costs incurred by the city in defending the city with regard to all damages and penalties mentioned in subsections A and B of this section, except as such expenses may arise from the process (as above). Should the city decide to hire its own defense, such expenses will be borne by the city. D. Public Liability Insurance: The grantee shall maintain and by its acceptance of any franchise granted hereunder agrees that it will maintain throughout the term of the franchise, any extensions thereto or as required in this chapter, a general comprehensive liability insurance policy naming as the additional insured the city, its officers, boards, commissions, agents and employees, in a company registered in the state of Iowa, and which maintains a Best's rating of A- or better, in forms satisfactory to the city manager, protecting the city and all persons against liability for loss or damage, occasioned by the operations of grantee under any franchise granted hereunder, in the amounts of: Two million dollars ($2,000,000.00) for bodily injury or death to any one person, within the limit, however, of three million dollars ($3,000,000.00) for bodily injury or death resulting from any one accident, and 2. One million dollars ($1,000,000.00) for property damage resulting from any one accident. E. Automobile Liability Insurance: The grantee shall maintain, and by its acceptance of any franchise granted hereunder specifically agrees that it will maintain throughout the term of the franchise, automobile liability insurance for owned, nonowned, or rented vehicles in the minimum amount of: 1. One million dollars ($1,000,000.00) for bodily injury and consequent death per occurrence; 2. One million dollars ($1,000,000.00) for bodily injury and consequent death to any one person; and 3. Five hundred thousand dollars ($500,000.00) for property damage per occurrence. F. Insured: At any time during the term of the franchise, the city may request and the grantee shall comply with such request, to name the city as an additional insured for all insurance policies written under the provisions of this chapter or the franchise. G. Inflation: To offset the effects of inflation and to reflect changing liability limits, all of the coverages, limits, and amounts of the insurance provided for herein are subject to reasonable increases at the end of every three (3) year period of the franchise, applicable to the next three (3) year period, at the sole discretion of the city, upon a finding by the city of increased insurance risks requiring such changed limits. H. Notice Of Cancellation Or Reduction Of Coverage: The insurance policies mentioned above shall contain an endorsement stating that the policies are extended to cover the liability assumed by the grantee under the terms of this chapter and shall contain the following endorsement: This policy may not be canceled nor the amount of coverage thereof reduced until thirty (30) days after receipt by the City Manager of a written notice of such intent to cancel or reduce the coverage. I. Evidence Of Insurance Filed With City Manager: All certificates of insurance shall be filed and maintained with the city manager during the term of any franchise granted hereunder or any renewal thereof. J. Extent Of Liability: Neither the provisions of this chapter nor any insurance accepted by the city pursuant hereto, nor any damages recovered by the city thereunder, shall be construed to excuse faithful performance by the grantee or limit the liability of the grantee under any franchise issued hereunder or for damages, either to the full amount of the bond or otherwise. K. Insurance For Contractor And Subcontractors: Grantee shall provide coverage for any contractor or subcontractor involved in the construction, installation, maintenance or operation of its cable communications system by either obtaining the necessary endorsements to its insurance policies or requiring such contractor or subcontractor to obtain appropriate insurance coverage consistent with this section and appropriate to the extent of its involvement in the construction, installation, maintenance or operation of grantee's cable communications system. (Ord. 05-4169, 7-5-2005) 12-4-15: BONDS: A. Proposal Bond: Each applicant for an initial franchise hereunder shall submit a proposal bond in a form acceptable to the city manager or a certified check on a bank that is a member of the Federal Deposit Insurance Corporation, payable to the order of the city in an amount of twenty five thousand dollars ($25,000.00). Said bond shall remain in effect until such time as the applicant accepts the franchise and furnishes both the construction bond and the letter of credit as provided herein. B. Construction Bond: The grantee shall maintain and by its acceptance of any franchise granted hereunder agrees that it will maintain through the rebuild or construction of the cable television system as required by this chapter, a faithful construction bond running to the city, with at least two (2) good and sufficient sureties or other financial guaranties approved by the city manager, in the penal sum total of one million dollars ($1,000,000.00) conditioned upon the faithful performance of the grantee in the construction or rebuild of a cable television system complying with related provisions of this chapter and the franchise, and upon the further condition that if the grantee shall fail to comply with any law, ordinance or regulation governing the construction or rebuild of the cable television system, there shall be recoverable jointly and severally from the principal and surety of the bond, any damages or loss suffered by the city as a result, including the full amount of any compensation, indemnification, or cost of repair, construction, removal or abandonment of any property of the grantee, plus a reasonable allowance for attorney fees and costs, up to the full amount of the bond. In addition, failure to meet construction deadlines shall result in forfeiture of said bond or withdrawal from the construction bond. The bond shall contain the following endorsement: This policy may not be canceled nor the amount of coverage thereof reduced until thirty (30) days after receipt by the City Manager of a written notice of such intent to cancel or reduce the coverage. C. Release Of The Bond: Upon the city's determination that the construction or rebuild of a cable television system is complete, the grantee shall be notified by the city that the bond required under this section shall be released. D. Letter Of Credit: The grantee shall obtain, maintain, and file with the city an irrevocable letter of credit from a financial institution acceptable to the city and licensed to do business in the state in an amount of seventy five thousand dollars ($75,000.00), naming the city as beneficiary for the faithful performance by it of all the provisions of the franchise and compliance with all orders, permits and directions of any agency of the city having jurisdiction over its acts or defaults under the contract and the payment by the grantee of any claims, liens and taxes due the city which arise by reason of the construction, operation or maintenance of the system. The letter of credit shall be released only upon expiration of the franchise or upon the replacement of the letter of credit by a successor grantee. 2. Within thirty (30) days after notice to it that any amount has been withdrawn from the letter of credit pursuant to subsection D1 of this section, the grantee shall pay to, or deposit with, the city clerk a sum of money or securities sufficient to restore such security fund to the original amount of seventy five thousand dollars ($75,000.00) up to a total during the franchise term of five hundred thousand dollars ($500,000.00). 3. If the grantee fails to pay to the city any compensation required pursuant to this chapter within the time fixed herein; or, fails, after ten (10) days' notice to pay to the city any taxes due and unpaid; or, fails to repay to the city, within such ten (10) days, any damages, costs or expenses which the city shall be compelled to pay by reason of any act or default of the grantee in connection with the franchise; notice of such failure by the office of the city manager, to comply with any provisions of the contract which the office of the city manager reasonably determines can be remedied by an expenditure of the letter of credit, the city clerk may immediately withdraw the amount thereof, with interest and any penalties, from the security fund. Upon such withdrawal, the city clerk shall notify the grantee of the amount and date thereof. 4. If the grantee wishes to contest withdrawal, the grantee may petition to the Iowa City telecommunications commission for a hearing within ten (10) days from date notice of withdrawal is mailed or otherwise given. E. Replenishment Of Letter Of Credit And Construction Bond: No later than thirty (30) days, after mailing to the grantee by certified mail notification of a withdrawal pursuant to subsections C and D of this section, and after the total amount of funds in the letter of credit is fifty thousand dollars ($50,000.00), the grantee shall replenish the letter of credit or construction bond in an amount equal to the amount so withdrawn. Failure to make timely replenishment of such amount to the letter of credit and construction bond shall constitute a violation of this chapter. (Ord. 05-4169, 7-5- 2005) 12-4-16: FEES, RATES AND CHARGES: A. Schedule Filings: Subject to federal law, grantee shall file with the city schedules which shall describe all services offered, all rates and charges of any kind, and all terms and conditions relating thereto. No rates or charges shall be effective except as they appear on a schedule so filed. Grantee shall notify the city and subscribers in writing at least thirty (30) days prior to the implementation of any change in services offered, rates, charges, or terms and conditions related thereto. B. Nondiscriminatory Rates: Unless otherwise allowed by FCC regulation, grantee shall establish rates that are nondiscriminatory within the same general class of subscribers which must be applied fairly and uniformly to all subscribers in the franchise area for all services. Nothing contained herein shall prohibit the grantee from offering: 1) discounts to commercial and multiple -family dwelling subscribers billed on a bulk basis; 2) promotional discounts; 3) reduced installation rates for subscribers who have multiple services; or 4) discount for senior citizens and/or low income residents. Grantee's charges and rates for all services shall be itemized on subscriber's monthly bills. C. City Regulation: To the extent that federal or state law or regulation may now, or as the same may hereafter be amended to, authorize the city to regulate the rates for any particular service tiers, service packages, equipment, or any other services provided by grantee, the city shall have the right to exercise rate regulation to the full extent authorized by law, or to refrain from exercising such regulation for any period of time, at the sole discretion of the city. D. Rate Regulation Of The Basic Tier And Charges: The city will follow FCC rate regulations. In connection with such regulation, the city will ensure a reasonable opportunity for consideration of the views of interested parties; and the city attorney, or designee, is authorized to execute on behalf of the city and file with the FCC such certification forms or other instruments as are now or may hereafter be required by the FCC rate regulations. E. Ability To Petition: If applicable, the city shall have the right to petition the federal communications commission or other appropriate agency or organization to obtain rate regulation authority or to petition the federal body to review or regulate rates in the city. F. Notification Of Charges: The grantee may establish charges for its services not specified in subsection A of this section; however, all such charges, including, but not limited to, additional service, leased channel, discrete channel, and production rates shall be made public and two (2) copies of the schedule of charges, as originally and thereafter modified, shall be filed with the city clerk thirty (30) days prior to the effective date of such charges. G. Deposits On Advance Payments To Be Approved: The grantee shall receive no deposit, advance payment or penalty from any subscriber or potential subscriber other than those established in the schedule of charges previously filed with and/or approved by the city council. H. Purchase Of Switch: In the event that the FCC does not regulate antenna switches, and/or that a switch or other appurtenant device is required to permit subscribers to receive full broadcast network service, the grantee shall give the subscriber the option of purchasing the switch at a reasonable cost at the time of initial installation thereof, or of purchasing said switch or other appurtenant device at the then prevailing local installment plan interest rate. The grantee hereby agrees to allow the subscriber to provide a switch or other appurtenant device at its subscriber terminal, provided that such device meets with the approval of the grantee. Such approval shall not be withheld if it is shown that such device does not interfere with the operation of the cable television system. If the subscriber elects not to purchase or provide said switch or other appurtenant device, the grantee may make an additional charge for the rental of such switch or other appurtenant device providing that the additional charge is in accordance with the schedule of charges contained in the grantee's application for a franchise hereunder or hereafter shall be filed with and approved by the city. I. Subscriber Refunds In Addition To Those Authorized By The FCC: 1. If any subscriber of the grantee of less than ten (10) days terminates services due to the grantee's failure to render service to such subscriber of a type and technical quality provided for herein; 2. If service to a subscriber is terminated by the grantee without good cause; or 3. If the grantee ceases to provide service for twenty four (24) hours or more, the cable television system authorized herein for any reason except termination or expiration of a franchise granted hereunder; the grantee shall refund to such subscriber an amount equal to the monthly charge, installation and connection charge paid by such subscriber in accordance with the then existing schedule of charges. J. Disconnection: Except as provided by FCC rate regulations, there shall be no charge for disconnection of any installation or outlet. If any subscriber fails to pay a properly due monthly subscriber fee, or any other properly due fee or charge, the grantee may disconnect the subscriber's service outlet. Such disconnection shall not be effected until forty five (45) days after the due date of said delinquent fee or charge, and after adequate written notice of the intent to disconnect has been delivered to the subscriber in question. Upon payment of charges due and the payment of a reconnection charge, if any, the grantee shall promptly reinstate the subscriber's cable service after request by subscriber. K. Rates Subject To Other Regulations: The grantee in submitting its request for approval of initial rates or any subsequent rates shall do so for basic service and related equipment to be performed to or for subscribers described in this chapter. If FCC rules and regulations, or any other applicable laws or regulations, shall subsequently determine that the city of Iowa City has jurisdiction over other services or service to be offered or performed, said rates shall be subject to approval by the city at that time. L. Reduction Of Fees: If during the term of any franchise or renewal thereof granted hereunder, the grantee receives refunds or if the cost of operation to the grantee is reduced as a result of an order of any regulatory body having competent jurisdiction, the grantee shall pass on to its subscribers on a prorated basis any such savings or reduced costs pursuant to FCC regulations. M. Rate Change Procedures: 1. Limitation On Application For Increase In Rates: The grantee shall not, unless allowed by FCC regulations, file more than one application for an increase in fees, rates or charges during any calendar year except to seek relief from the imposition of federal, state or local taxes or other legally imposed fees not contemplated in the most recent rate determination. 2. Review Of Rates: a. The Iowa City telecommunications commission shall review the grantee's schedule of fees, rates or charges that are within the city's regulatory jurisdiction, upon application by the grantee as herein provided or at any time on its own motion. The Iowa City telecommunications commission shall submit such schedule and any contemplated modifications thereof, together with its recommendations, to the city council as expressed in such a resolution. The city council may, pursuant to FCC regulations, reduce or increase such fees, rates or charges adopted for this purpose and, unless allowed by FCC regulations, no change in the grantee's schedule of fees, rates or charges shall be effective without prior action of the Iowa City telecommunications commission and the approval of the city council. b. 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 this chapter. No change in city regulated fees, rates and charges shall take effect until thirty (30) days after the approval of the rates by the city council. 3. Documentation Of Request For Increase: Any increase requests, in addition to other factors described in this section, shall be supported by a showing of increased costs for the existing services or proposed services and shall be filed in two (2) copies with the city clerk. If a grantee requests a change, it shall present in detail in writing the statistical basis, in addition to other requirements as set out in this section, for the proposed fee change in accordance with FCC rules. 4. Records To Be Made Available: For the purposes of determining the reasonableness of grantee fees, rates or charges, grantee records relating the same shall be made available to the city. (Ord. 05-4169, 7-5-2005) 12-4-17: PUBLIC, EDUCATION AND GOVERNMENT CONNECTION TO CABLE TELEVISION SYSTEM: The grantee shall provide, upon request within the city one connection and monthly service for basic service and all nonpay services to such public, parochial and nonprofit private schools, the University of Iowa, city designated public access facility, city and other government buildings and other agencies, provided such designated locations are within two hundred feet (200') of any network cable route. Initial installation shall be without charge. Rates for monthly service to residential or living units within such entities may be negotiated with each such entity. The grantee may charge for any excess footage on the basis of time and material for any such locations beyond the two hundred foot (200') limitation if such connection is designated by the city. The city reserves the right for itself and the above entities at their individual expense to extend service to as many areas within such schools, buildings and agencies as it deems desirable without payment of any additional installation fee or monthly fee to grantee. All such extensions, however, shall be accomplished in such a way so as not to interfere with the operation of the cable television system. Institutions receiving free drops will consult with grantee on the technical standards to be used for such extensions. The grantee shall comply with the public, educational and government access requirements specified in the franchise. (Ord. 05-4169, 7-5-2005) 12-4-18: INTERCONNECTION OF NETWORK: The grantee shall be interconnected with other communities and cable companies as specified in the franchise. (Ord. 05-4169, 7-5-2005) 12-4-19: CONSTRUCTION TIMETABLE FOR INITIAL CONSTRUCTION: A. Permit Application: It is hereby deemed in the public interest that the system be extended as rapidly as possible to all residents within the city. Within ninety (90) days of the effective date of a franchise granted hereunder, the grantee shall file with the appropriate authorities and utilities all initial papers and applications necessary to comply with the terms of this chapter including the application for franchise and any additions or amendments thereto and shall thereafter diligently pursue all such applications. After the grantee has diligently pursued the acquisition of necessary pole attachment contracts, or other necessary easements, and where such necessary contracts have not been executed or easements obtained after a reasonable period of time as determined by the city, the city may, at its discretion, provide assistance to ensure the extension of the system to all residents. B. Commencement Of Construction: Within one hundred eighty (180) days of the effective date of FCC certification, the grantee shall initiate construction and installation of the cable television system. Such construction and installation shall be pursued with reasonable diligence. C. Commencement Of Operation: Within twelve (12) months of the effective date of FCC certification, the grantee shall commence operation within the meaning set forth in this chapter. D. Sustained Completion Of Construction: Within the time specified in the franchise agreement, the grantee shall have substantially completed construction of the service area within the meaning set forth in this chapter. E. Provisions Of Basic Service: Within the time specified in the franchise agreement, the grantee shall have placed in use sufficient distribution facilities so as to offer basic service to one hundred percent (100%) of the dwelling units in the service area to which access is legally and reasonably available. F. Delays And Extension Of Time: The city council may in its discretion extend the time for the grantee, acting in good faith, to perform any act required hereunder. The time for performance shall be extended or excused, as the case may be, for any period during which the grantee demonstrates to the satisfaction of the city council that the grantee is being subjected to delay or interruption due to any of the following circumstances if reasonably beyond its control: 1. Necessary utility rearrangements, pole change outs or obtaining of easement rights. 2. Governmental or regulatory restrictions. 3. Labor strikes. 4. Lockouts. 5. War. 6. National emergencies. 7. Fire. 8. Acts of God. G. When Certain Operations Are To Commence: If FCC certification is not required for a franchise granted under this chapter, all time periods specified in subsections A, C, D and E of this section shall commence with the effective date of a franchise granted hereunder. (Ord. 05-4169, 7-5-2005) 12-4-20: CONSTRUCTION TIMETABLE FOR REBUILD CONSTRUCTION: A. Compliance With Construction And Technical Standards: Grantee shall construct, rebuild, install, operate and maintain its system in a manner consistent with all laws, ordinances, construction standards or guidelines, governmental requirements, FCC technical standards, and detailed technical standards provided for in the franchise. B. Construction Timetable: The grantee shall construct and complete the system rebuild in accordance with the timetable set forth in the franchise. C. Delays And Extension Of Time: The city council may in its discretion extend the time for the grantee, acting in good faith, to perform any act required hereunder. The time for performance shall be extended or excused, as the case may be, for any period during which the grantee demonstrates to the satisfaction of the city council that the grantee is being subjected to delay or interruption due to any of the following circumstances if reasonably beyond its control: 1. Necessary utility rearrangements, pole change outs or obtainment of easement rights. 2. Governmental or regulatory restrictions. 3. Labor strikes. 4. Lockouts. 5. War. 6. National emergencies. 7. Fire. 8. Acts of God. (Ord. 05-4169, 7-5-2005) 12-4-21: NETWORK DESCRIPTION: A. System Bandwidth Capability: The grantee shall install a cable network according to the following specifications: The initial system shall be designed to a capacity equivalent to a minimum of seven hundred fifty (750) MHz and as specified in the franchise. The grantee at its option may provide for this increased capacity at the time of initial construction. 2. As total bidirectional capacity is a priority goal of the city, applicants for a franchise hereunder may propose greater channel capacities and more sophisticated two-way capabilities than the minimums set forth herein. However, such proposal shall describe the particular community needs to be served thereby and shall detail, as part of the financial projection and support required in this chapter the associated costs and revenues. B. System Configuration: The grantee shall design and construct the network using fiber to the node architecture, or better, in such a way as to provide maximum flexibility and to provide service to the fewest number of homes per fiber node as economically feasible. C. Protection Of Subscriber Privacy Mandatory: Grantee shall at all times protect the privacy of subscribers, as provided in this chapter and other applicable federal, state, and local laws. D. Notice Of Privacy Provisions: At the time of entering into an agreement to provide any cable service or other service to a subscriber, and at least once a year thereafter, grantee shall provide notice consistent with and in accordance with federal law in the form of a separate written statement to each subscriber which clearly and conspicuously informs the subscriber of: 1. The privacy rights of the subscriber and the limitations placed upon grantee with regard to this chapter and all other applicable federal, state, and local subscriber privacy provisions. 2. The nature of personally identifiable information collected or to be collected with respect to the subscriber and the nature of the use of such information. 3. The nature, frequency, and purpose of any disclosure which may be made of such information, including an identification of the types of persons to whom the disclosure may be made. 4. The period during which such information might be maintained by the cable operator. 5. The times and place at which the subscriber may have access to such information in accordance with this chapter and other applicable federal, state, and local law. 6. A request for the subscriber signature allows for use of personally identifiable information. E. Collection Of Personally Identifiable Information Prohibited: Grantee shall not use or permit the use of the cable system to collect personally identifiable information concerning any subscriber, except as necessary to render a cable service or other service provided by the cable operator to the subscriber. Grantee shall not install or permit the installation of any special terminal equipment in any subscriber's premises for the two-way transmission of any aural, visual, or digital signals without the prior written consent of the subscriber. Grantee shall not tabulate, nor permit others to tabulate, any subscriber use of the cable system which would reveal the opinions or commercial product preferences of individual subscribers, whether residential or business, or of any occupant or user of the subscriber's premises without written authorization from the subscriber for his or her participation in a shop at home or similar service. When providing such service, the grantee may tabulate only those responses essential to the functioning of that shopping or other service, and may not use any such tabulation of individual preferences for any other purposes. Tabulations of aggregate opinion or preference are permitted, provided the aggregations are sufficiently large to assure individual privacy. F. Disclosure Of Subscriber Information Prohibited: Grantee shall not without the specific written authorization of the individual subscribers involved, sell or otherwise make available to any party any list of the names and addresses of individual subscribers, any list which identifies the viewing habits of individual subscribers, or any personal data, social security number, income and other data the grantee may have on file about individual subscribers, except as necessary to render or conduct a legitimate business activity related to a cable service or other service provided by the cable operator to the subscriber, provided, however, that such disclosure shall not reveal directly or indirectly the extent of viewing or other use by the subscriber of a cable service or other service provided by the cable operator, or the nature of any transaction made by the subscriber over the cable system. G. Notices Of Monitoring: Grantee shall report to the affected parties, the city and other appropriate authorities, any instances of monitoring or tapping of the system, or any part thereof, of which it has knowledge, which is not authorized under this section whether or not such activity has been authorized by grantee. Grantee shall not record or retain any information transmitted between a subscriber or user and any third party, except as required for lawful business purposes. Grantee shall destroy all subscriber or user information of a personally identifiable nature after a reasonable period of time, unless retention of such information is authorized by the affected subscriber or user. H. Polling By Cable: No poll or other upstream response from a subscriber shall be conducted or obtained except as part of a program that contains an explicit disclosure of the nature, purpose and prospective use of the results of the poll or upstream response and where the program has an informational, entertainment or educational function which is self-evident. Grantee or its agents shall release the results of upstream responses only in the aggregate and without individual references. I. Monitoring Devices: Grantee shall provide written notice to each subscriber when equipment is to be installed on the system which would permit the recording or monitoring of individual viewing habits of a subscriber or household; such equipment shall be installed only after prior written permission has been granted by the subscriber. Such permission may be valid for one year only and may be renewed by permission of the subscriber. In no event shall such permission be obtained as a condition of service or continuation thereof. Grantee shall give each subscriber annual written notice of any such monitoring and of the subscriber's right to terminate the monitoring in accordance with the terms and conditions of the subscriber's contract with grantee. J. Personally Identifiable Information: Grantee shall not predicate regular subscriber service on the subscriber's grant or denial of permission to collect, maintain or disclose personally identifiable information. A subscriber may at any time revoke any permission previously given by delivering to the grantee a written statement of that intent. K. Correction Policy: Each subscriber shall be provided access to all personally identifiable information regarding such subscriber that grantee collects or maintains or allows to be collected or maintained, and such subscriber shall be provided the opportunity to correct any error in such information. L. Viewing Habits: Any information concerning individual subscriber viewing habits or responses, except for information for billing purposes, shall be destroyed within sixty (60) days of collection. Information for billing purposes shall be kept for two (2) years and then destroyed unless otherwise required to be kept by law. M. System Performance: This section is not intended to prohibit the use or transmission of signals useful only for the control or measurement of system performance. N. Subscriber And User Contracts: 1. This section shall be enforceable directly by every aggrieved subscriber or user and by every aggrieved person seeking to become a subscriber or user. Grantee shall include the following provision in every contract or agreement between grantee and any subscribers or user: The subscriber/user, as part of this contract, has certain rights of privacy prohibiting the unauthorized monitoring of service and publication of personal information under the control of (Name of Grantee), including without limitation, information regarding program selections or service uses. (Name of Grantee) shall make available upon the request of the subscriber/user further description of said rights as established in its ordinance and franchise with the City of Iowa City. 2. Grantee shall not allege or contend that any actual or potential subscriber or user may not enforce this chapter by reason of lack of privacy. (Ord. 05-4169, 7-5-2005) 12-4-22: NETWORK TECHNICAL REQUIREMENTS: Each cable television system must be so designed, installed and operated as to meet FCC technical standards and standards set forth in the franchise. (Ord. 05-4169, 7-5-2005) 12-4-23: PERFORMANCE MEASUREMENTS: A. General Requirements: Test procedures utilized shall be in accordance with those promulgated by the FCC and the National Cable Television Association. B. Additional Tests And Inspections: The city reserves the right to: 1. Require additional tests for cause at specific terminal locations at the expense of the grantee; and 2. Conduct its own inspections of the cable television system on its own motion at any time during normal business hours with reasonable advance notice. C. Report Of Measurements Combined: To the extent that the report of measurements as required above may be combined with any reports of measurements required by the FCC or other regulatory agencies, the city shall accept such combined reports, provided that all standards and measurements herein or hereafter established by the city are satisfied. (Ord. 05-4169, 7-5-2005) 12-4-24: CONSTRUCTION STANDARDS: A. Antennas And Towers: Antenna supporting structures (towers) shall be designated for the proper loading zone as specified in the Electronics Industry Association's specifications as amended from time to time. B. Compliance With Aviation Requirements: Antenna supporting structures (towers) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the federal aeronautical agency, the state aeronautics board governing the erection and operation of supporting structures or television towers, and all other applicable local or state codes and regulations. C. City Approval Of Construction Plans: Prior to the erection of any towers, poles or conduits or the upgrade or rebuild of the cable communications system under this chapter, the grantee shall first submit to the city and other designated parties for review, such information as specified in the franchise. No erection or installation of any tower, pole, underground conduit, or fixture or any rebuilds or upgrading of the cable communications system shall be commenced by any person until approval, therefor, has been received from the city. D. Contractor Qualifications: Any contractor proposed for work of construction, installation, operation, maintenance, and repair of system equipment must be properly licensed under laws of the state, and all local ordinances. In addition, the grantee shall submit to the city, every two (2) years, a plan to hire persons locally for the construction, installation, operation, maintenance and repair of the system equipment. E. Minimum Interference: The grantee's system and associated equipment erected by the grantee within the city shall be so located as to cause minimum interference with the proper use of streets, alleys, and other public ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places. No pole or other fixtures placed in any public ways by the grantee shall be placed in such a manner as to interfere with normal travel on such public way. F. City Maps: The city does not guarantee the accuracy of any maps showing the horizontal or vertical location of existing substructures. In public rights of way, where necessary, the location shall be verified by excavation. G. Quality Of Construction: Construction, installation, operation, and maintenance of the cable communications system shall be performed in an orderly and workmanlike manner, in accordance with then current technological standards. All cables and wires shall be installed, where possible, parallel with electric and telephone lines. Multiple cable configurations shall be arranged in parallel and bundled with due respect for aesthetic and engineering considerations. H. Construction Standards: The construction, installation, operation, maintenance, and/or removal of the cable communications system shall meet all of the following safety, construction, and technical specifications and codes and standards: Occupational safety and health administration regulations (OSHA). National electrical code. National electrical safety code (NESC). National cable television standard code. AT&T manual of construction procedures (blue book). Bell telephone systems code of pole line construction. All federal, state and municipal construction requirements, including FCC rules and regulations. Utility construction requirements. All building and zoning codes, and all land use restrictions, as the same exist or may be amended hereafter. (Ord. 05-4169, 7-5-2005) 12-4-25: ERECTION, REMOVAL AND COMMON USE OF POLES: A. Approval For Poles: No poles shall be erected by the grantee without prior approval of the city with regard to location, height, types and any other pertinent aspect. However, no location of any pole or wire holding structure of the grantee shall give rise to a vested interest and such poles or structures shall be removed or modified by the grantee at its own expense whenever the city determines that the public convenience would be enhanced thereby. B. Requirements To Use Existing Poles: Where poles already exist for use in serving the city and are available for use by the grantee, but grantee does not make arrangements for such use, the city may require the grantee to use such poles and structures if it determines that the public convenience would be enhanced thereby and the terms of the use available to the grantee are just and reasonable. (Ord. 05-4169, 7-5-2005) 12-4-26: CONSTRUCTION REPORTING REQUIREMENTS: A. Progress Reports: Within thirty (30) days of the granting of a franchise pursuant to this chapter, the grantee shall provide the city with a written progress report detailing work completed to date and a schedule for completion of construction. Such report shall include a description of the progress in applying for any necessary agreements, licenses, or certifications and any other information the cable television administrator may deem necessary. The content and format of the report will be determined by the cable television administrator and may be modified at the administrator's discretion. B. Time Frame For Reports: Such written progress reports shall be submitted to the city on a bimonthly basis throughout the entire construction or rebuild process. The cable television administrator may require more frequent reporting if the administrator determines it is necessary to better monitor the grantee's progress. C. Subscriber Information: Prior to the commencement of any major system construction, the grantee shall produce an informational document to be distributed to all residents of the area to be under construction, which shall describe the activity that will be taking place. The informational document shall be reviewed by the cable television administrator prior to its distribution. (Ord. 05-4169, 7-5- 2005) 12-4-27: CHANNELS TO BE PROVIDED: A. Leased Access Channel: The grantee shall maintain at least one specifically designated channel for leased access uses. In addition, other portions of its nonbroadcast bandwidth, including unused portions of the specifically designated channels, shall be available for leased uses. On at least one of the leased channels, priority shall be given to part time users. B. Television Broadcast Signal Carriage: The grantee shall carry those television broadcast signals which are in accordance with part 76, section 76.63 of the FCC rules and regulations as such rules are amended from time to time. The provision of additional television broadcast signals as provided for in part 76, section 76.63(a) shall also be required as amended from time to time. C. Basic Service: Channels to be included on the first tier of service not requiring a converter or other appurtenance shall include: All television signals described in subsections A, B and D of this section. As the maximized use of the total channel capacity is of great interest to the city, applicants for a franchise hereunder may submit proposals to utilize channels beyond the basic service. Such a proposal may include the use of convertors at no additional charge to subscribers. D. Access Channels: Grantee shall provide the public, educational and governmental access channels as specified in the franchise. The entities operating access channels shall, in cooperation with the Iowa City telecommunications commission, develop rules for such channels. Such rules shall be placed on file with the city clerk. (Ord. 05-4169, 7-5-2005) 12-4-28: CONDITIONS OF STREET OCCUPANCY: A. Approval Of Proposed Construction: The grantee shall first obtain the approval of the city prior to commencing construction on the streets, alleys, public grounds or places of the city as specified in the franchise. B. Permits: A grantee shall obtain construction permits in conformance with all city rules and regulations. C. Changes Required By Public Improvements: The grantee shall, at its expense, protect, support, temporarily disconnect, or relocate in another public place any property of the grantee when required by the city by reason of traffic conditions, public safety, street vacation, street construction, change or establishment of street grade, installation of sewers, drains, water pipes, city owned power or signal lines, and tracts or any other type of structure or improvement by public agencies. D. Use Of Existing Poles Or Conduits: Nothing in this chapter or any franchise granted hereunder shall authorize the grantee to erect and maintain in the city new poles where existing poles are servicing the area. The grantee shall require permission from the city before erecting any new poles, underground conduit or appurtenances where none exist at the time the grantee seeks to install its network. E. Underground Installation: All installations shall be underground in those areas of the city where public utilities providing either telephone or electric service are underground at the time of installation. In areas where either telephone or electric utility facilities are aboveground at the time of installation, grantee may install its service aboveground, provided that at such time as those facilities are required to be placed underground by the city or are placed underground, the grantee shall likewise place its services underground without additional cost to the city or to the individual subscribers so served within the city. Where not otherwise required to be placed underground by this chapter or the franchise, the grantee's system shall be located underground at the request of the adjacent property owner, provided the excess cost over the aerial location shall be borne by the property owner making the request. All cable passing under the roadway shall be installed in conduit. F. Pedestals: When housing minihubs, switching or other equipment are to be utilized on the public right of way, such equipment must be completely buried beneath streets or sidewalks. Any pedestals located in the public right of way shall comply with city ordinances or regulations. All such buried equipment shall be shown in plan and cross section on the design plans for permits. G. Facilities Not To Be Hazardous Or Interfere: All wires, conduits, cables and other property and facilities of the grantee shall be so located, constructed, installed and maintained as not to endanger or unnecessarily interfere with the usual and customary trade, traffic and travel upon the streets and public places of the city. The grantee shall keep and maintain all its property in good condition, order and repair. The city reserves the right hereunder to inspect and examine at any reasonable time and upon reasonable notice, the property owned or used, in part or in whole, by the grantee. The grantee shall keep accurate maps and records of all its facilities and furnish copies of such maps and records as requested by the city. A grantee shall not place poles or other equipment where they will interfere with the rights or reasonable convenience of adjoining property owners or with any gas, electric or telephone fixtures or with any water hydrants or mains. All poles or other fixtures placed in a street shall be placed in the right of way between the roadway and the property, as specified by the city. H. Method Of Installation: All wires, cables, amplifiers, and other property shall be constructed and installed in an orderly manner consistent with the trade. All cables and wires shall be installed parallel with existing telephone and electric wires whenever possible. Multiple cable configurations shall be arranged in a parallel and bundled, with due respect for engineering and safety considerations. All installations shall be underground in those areas of the city where public utilities providing telephone and electric service are underground at the time of installation. All underground installations of wires and cable shall be buried at least twelve inches (12") belowground, and no trenching or other underground installation shall be commenced without notice to the city forester. All underground installation shall be performed in compliance with city forester directions. Protection Of Facilities: Nothing contained in this section shall relieve any person, company or corporation from liability arising out of the failure to exercise reasonable care to avoid injuring the grantee's facilities while performing any work connected with grading, regrading or changing the line of any street or public place or with the construction or reconstruction of any sewer or water system. 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. J. Requests For Removal Or Change: The grantee shall, on the request of any person holding a building moving permit, temporarily raise or lower its wires to permit the moving of said building. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the grantee shall have the authority to require such payment in advance. The grantee shall be given not less than ten (10) working days' notice of any move contemplated to arrange for temporary wire changes. K. Authority To Trim Trees: The grantee may trim trees upon and overhanging streets, alleys, sidewalks and other public places of the city so as to prevent the branches of such trees from coming in contact with the wires and cables of the grantee. No trimming shall be done except under the supervision and direction of the city forester, upon the explicit prior written notification and approval of the city forester and at the expense of the grantee. The grantee may contract for such services; however, any firm or individual so retained shall receive city forester approval prior to commencing such activity. L. Restoration Or Reimbursement: In the event of disturbance of any street or private property by the grantee, it shall, at its own expense and in a manner approved by the city and the owner, replace and restore such street or private property in as good a condition as before the work causing such disturbance was done. In the event the grantee fails to perform such replacement or restoration, the city or the owner shall have the right to do so at the sole expense of the grantee. Payment to the city or owner for such replacement or restoration shall be immediate, upon demand, by the grantee. All requests for replacement or restoring of such streets or private property as may have been disturbed must be in writing to the grantee. M. Office And Records In City: The grantee shall, at all times, make and keep at an office maintained by the grantee in the city full and complete plans and records showing the exact location of all cable television system equipment installed or in use in the streets or other public places of the city. The grantee shall furnish the city complete maps upon request, compatible with the city's geographic information system, showing all of the cable television system equipment installed and in place in streets and other public places of the city. Such maps shall be updated annually. N. Emergency Removal Of Plant: If, at any time, in case of fire or disaster in the city, it shall become necessary in the reasonable judgment of the city to cut or move any of the wires, cables, amplifiers, appliances or appurtenances thereto of the grantee, such cutting or moving may be done and any repairs rendered necessary thereby shall be made by the grantee, at its sole expense, provided such repairs are not necessitated by negligent act of the city, in which case, cost for repairs shall be borne by the city. O. Alternate Routing Of Plant: In the event continued use of a street is denied to the grantee by the city for any reason, the grantee will make every reasonable effort to provide service over alternate routes. (Ord. 05-4169, 7-5-2005) 12-4-29: UNAUTHORIZED CONNECTIONS OR MODIFICATIONS: A. Unauthorized Connections Prohibited: It shall be unlawful for any firm, person, group, company, corporation or governmental body or agency, without the expressed consent of the grantee, to make any connection, extension or division, whether physically, acoustically, inductively, electronically or otherwise, with or to any segment of a franchised cable television system for any purpose whatsoever, except as provided in this chapter. B. Removal Or Destruction Prohibited: It shall be unlawful for any firm, person, group, company, corporation or governmental body or agency to wilfully interfere, tamper, remove, obstruct or damage any part, segment or content of a franchised cable television system for any purpose whatsoever. (Ord. 05-4169, 7-5-2005) 12-4-30: PREFERENTIAL OR DISCRIMINATORY PRACTICES PROHIBITED: A. Prohibited Employment Practices: 1. The grantee shall not commit any of the following employment practices and agrees to prohibit the following practices in any contracts or subcontract entered into or effectuating the operation of the franchise: a. To discharge from employment or refuse to hire any individual because of their race, color, religion, creed, sex, national origin, age, disability, marital status or sexual orientation. b. To discriminate against any individual in term, conditions or privileges of employment because of their race, color, religion, creed, sex, national origin, age, disability, marital status or sexual orientation. 2. The grantee shall be an equal opportunity/affirmative action employer adhering to all federal, state or municipal laws and regulations. Pursuant to 47 CFR, section 76.311 and other applicable regulations of the FCC, grantee shall file an equal employment opportunity/affirmative action program with the FCC and otherwise comply with all FCC regulations with respect to equal employment/affirmative action opportunities. B. Employment Policy: Grantee shall take affirmative action to employ, during the construction, operation and maintenance of the cable communications system minorities and females as set forth in the franchise. Upon request by the city, grantee shall submit to the city annual reports indicating such compliance. C. Procurement: For all services, materials or equipment purchased for the construction, operations or maintenance of the cable communications system, grantee shall wherever possible, purchase from competitively priced and otherwise qualified minority owned, or female owned businesses located in the city of Iowa City, as set forth in the franchise. D. Local Employment And Procurement Practices: Whenever possible, all services, personnel, hardware and supplies for the construction, maintenance and operation of the system shall be procured locally. E. Services To Be Equally Available: The grantee shall not refuse cable television services to any person or organization who requests such service for lawful purpose, nor shall a grantee refuse any person or organization the right to cablecast pursuant to provisions of this chapter. The grantee shall not, as to rates, charges, service facilities, rules, regulations or in any other respect, make or grant any unreasonable preference or advantage, nor subject any person to any prejudice or disadvantage. The grantee shall take affirmative steps to disseminate the information concerning the availability of its services to all minority and other underrepresented groups. This provision shall not be deemed to prohibit promotional campaigns to stimulate subscription to the system or other legitimate uses thereof, nor shall it be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules to which any customer coming within such classifications shall be entitled, provided such schedules have been filed with and approved by the city as provided in this chapter. F. Fairness Of Accessibility: The entire system of the grantee shall be operated in a manner consistent with the principle of fairness and equal accessibility of its facilities, equipment, channels, studios and other services to all citizens, businesses, public agencies or other entities having a legitimate use for the system. No one shall be arbitrarily excluded from its use. Allocation of use of said facilities shall be made according to the rules or decisions of regulatory agencies affecting the same, and where such rules or decisions are not effective to resolve a dispute between conflicting users or potential users, the matter shall be submitted for resolution by the Iowa City telecommunications commission. (Ord. 05-4169, 7-5-2005) 12-4-31: INSTALLATIONS, CONNECTIONS AND OTHER SERVICES: A. Standard Installations: Standard installation shall consist of a service not exceeding one hundred fifty feet (150) from a single point or pedestal attachment to the customer's residence. Service in excess of one hundred fifty feet (150) and concealed wiring shall be charged at such cost as exceeds normal installation costs. The desire of the subscriber as to the point of entry into the residence or commercial establishment and location of pedestal shall be observed whenever possible. Runs in building interiors shall be as unobtrusive as possible. The grantee shall use due care in the process of installation and shall repair any damage to the subscriber's property caused by said installation. Such restoration shall be undertaken within no more than ten (10) days after the damage is incurred and shall be completed as soon as possible thereafter. B. Deposits: Any deposit required by grantee shall bear interest at the current lending rate. C. Lockout Devices: The grantee shall provide to the potential subscriber, as part of its promotional literature, information concerning the availability of a lockout device for use by a subscriber. The lockout device described herein shall be made available to all subscribers requesting it beginning on the first day that any cable service is provided. D. Reconnection: Grantee shall restore service to customers wishing restoration of service provided customer shall first satisfy any previous obligations owed. E. Free Disconnection: Subscribers shall have the right to have cable service disconnected without charge. A refund of unused service charges shall be paid to the customer within sixty (60) days from the date of termination of service. F. Downgrade And Upgrade Fees: Any downgrade or upgrade fees shall conform with FCC rules. (Ord. 05-4169, 7-5-2005) 12-4-32: SERVICE CALLS AND COMPLAINT PROCEDURES: A. Business Office Staffing: Grantee shall provide all subscribers or users with at least thirty (30) days' prior written notice of a change in business office hours. The business office shall maintain a staff adequate to process complaints, requests for installation, service or repairs, and other business in a timely and efficient manner. Grantee shall add additional telephone lines and service representatives when existing lines are substantially utilized or when a pattern of subscriber complaints reflect a need for additional service employees. Additional offices and payment stations provided by the grantee shall be included in the franchise. B. Telephone Service: The grantee shall have a listed, locally staffed telephone number for service calls available twenty four (24) hours a day, seven (7) days a week. Said number shall be made available to subscribers and the general public. The grantee shall provide an unlisted locally staffed telephone number to the city and utility companies to enable the city or utility companies to reach the grantee in case of emergency on a twenty four (24) hour, seven (7) days a week basis. C. Grantee Rules: The grantee shall prepare and file with the city copies of all of its rules and regulations in connection with the handling of inquiries, requests and complaints. The grantee shall, by appropriate means, such as a card or brochure, furnish information concerning the procedures for making inquiries or complaints, including the name, address and local telephone number of the employee or employees or agent to whom such inquiries or complaints are to be addressed, and furnish information concerning the city office responsible for the administration of the franchise, including, but not limited to, the address and telephone number of said office. D. Equipment Service: The grantee shall service or replace without charge all equipment provided by it to the subscriber, provided, however, that the grantee may charge a subscriber for service to or replacement of any equipment damaged due to negligence of such subscriber. E. Subscriber Solicitation: Grantee shall provide the city with a list of names and addresses of all representatives who will be soliciting within the city and the area in and the dates within such solicitations shall take place. Each such representative and all other employees entering upon private property shall be required to wear an employee identification card issued by grantee and bearing a picture of said representative. Grantee shall notify the general public of its solicitation in a manner calculated to reach residents in the areas to be solicited in advance of such solicitation. F. Sales Information: Grantee shall provide to all subscribers annually and all prospective subscribers or users with complete written information concerning all services and rates provided by grantee upon solicitation of service and prior to consummation of any agreement for installation of service. Such sales material shall clearly and conspicuously disclose the price and other information concerning grantee's least costly service. Such information shall be written in plain English and shall include, but shall not be limited to, the following: all services, tiers, and rates; deposits if applicable; installation costs; additional television set charges; service upgrade or downgrade charges; lockout devices; and information concerning the utilization of videocassette recorders (VCRs) with cable service(s) and the cost for hooking up such VCRs so that they function as manufactured. G. Billing Practices Information: Grantee shall inform all subscribers annually and all prospective subscribers or users of complete information respecting billing and collection procedures, procedures for ordering changes in or termination of services, and refund policies, upon solicitation of service and prior to the consummation of any agreement for installation of service. Such information shall be written in plain English. H. Notice Of Complaint Procedures: Grantee shall periodically, and at various times of the day, present its business office address and publicly listed local telephone number by means of alpha -numeric display on a local origination channel. Investigation And Remedial Action: For recurrent complaints regarding service deficiencies (other than total or partial loss of service, such as ghosting, weak audio signal, distortion, and the like), the cable television administrator may require the grantee to investigate and report to the causes and cures thereof, and the cable television administrator may also conduct an investigation. Thereafter, the cable television administrator may order specified remedial action to be taken within reasonably feasible time limits. If such action is not taken, or is ineffective, or if within thirty (30) days the grantee files with the city a notice of objection to the order, the city may conduct a hearing and may, if the evidence warrants a finding of fault on the part of the grantee, take appropriate action pursuant to the terms of this chapter. (Ord. 05-4169, 7-5-2005) 12-4-33: TRANSFER: A. Transfer Of Franchise: A franchise shall not be assigned or transferred, either in whole or in part, or leased, sublet, or mortgaged in any manner, nor shall title to the cable system, legal or equitable, or any right, interest or property therein, pass to or vest in any person without the prior written consent of the city, such consent not to be unreasonably withheld. Except that no consent shall be required for any sale, transfer, or assignment of ownership to an affiliate under common control with grantee, provided that prior to such transfer, grantee provides to the city verifiable information to establish that such transferee has the financial, legal and technical ability to fully perform all obligations of the franchise. No such consent shall be required, however, for a transfer by mortgage to a federally licensed lending institution in order to secure indebtedness. Within thirty (30) days of receiving the request for transfer, the franchising authority shall, in accordance with FCC rules and regulations, notify the grantee in writing of the information it requires to determine the legal, financial and technical qualifications of the transferee. If the franchising authority has not taken action on the grantee's request for transfer within one hundred twenty (120) days after receiving such requested information, consent by the franchising authority shall be deemed given. B. Transfer Of Ownership: The grantee shall not sell, transfer or dispose of thirty percent (30%) or greater ownership interest in the grantee or more at one time of the ownership or controlling interest in the system, or thirty percent (30%) cumulatively over the term of the franchise of such interests to a corporation, partnership, limited partnership, trust or association, or person or group of persons acting in concert without the consent of the city. Every sale, transfer, or disposition of thirty percent (30%) or greater ownership interest as specified above in the grantee shall make the franchise subject to cancellation unless and until the city shall have consented thereto. C. Transfer Of Control: The grantee shall not change control of the grantee in whatever manner exercised without the prior written consent of the city. D. City Approval: Every change, transfer, or acquisition of control of the grantee shall make the franchise subject to cancellation unless and until the city shall have consented thereto. For the purpose of determining whether it shall consent to such change, transfer, or acquisition of control, the city may inquire into the legal, financial, character, technical and other public interest qualifications of the prospective transferee or controlling party, and the grantee shall provide the city with all required information. The city reserves the right to impose certain conditions on the transferee as a condition of the franchise to ensure that the transferee is able to meet existing ordinance and franchise requirements. E. Assumption Of Control: Any financial institution having a pledge of the franchise or its assets for the advancement of money for the construction and/or operation of the franchise shall have the right to notify the city that it will take control and operate the cable television system. If the financial institution takes possession of the cable communications system the city shall take no action to effect a termination of the franchise without first giving to the financial institution written notice thereof and a period of six (6) months thereafter (unless otherwise provided herein below): 1) to allow the financial institution or its agent(s) to continue operating as the grantee under the franchise; and 2) to request the city, and for the city to determine whether, to consent to the assignment of the grantee's rights, title, interest and obligations under the franchise to a qualified operator. The city acknowledges that in order for the financial institution to realize upon the collateral accorded to it by the loan documents, the financial institution must be entitled to a reasonable period of time after taking possession of the franchise under the loan document to obtain the city's consent to an assignment of the franchise to a qualified operator. The city agrees that such reasonable period of time is six (6) months after the financial institution takes possession of the cable communication system and, further, agrees that the city shall use its best efforts to decide upon the assignment of the franchise to the new operator proposed by the financial institution within such period of time. The financial institution shall be entitled to such possession and other rights granted under this subsection until such time that the city determines whether to consent to such assignment (the extended time). If the city finds that such transfer, after considering the legal, financial, character, technical and other public interest qualifications of the applicant are satisfactory, the city will consent to the transfer and assign the rights and obligations of such franchise as in the public interest. During the six (6) month period or extended time, the financial institution shall enjoy all the rights, benefits and privileges of the grantee under the franchise, and the city shall not disturb such possession by the financial institution, provided the financial institution complies in all respects with the terms and provisions of the franchise and this chapter. The various rights granted to the financial institution under this subsection are contingent upon the financial institution's continuous compliance with the terms and provisions of this chapter and the franchise during the entire aforementioned six (6) month period or extended time, if applicable. For example, should an agent of the financial institution take possession of the cable communication system pursuant to rights granted to the financial institution under this subsection, and such agent fails to comply with the level of service requirements set forth in this chapter or the franchise, the rights granted to the financial institution under this chapter and the franchise shall automatically terminate. F. No Waiver Of City Property Rights: The consent or approval of the city or any other public entity to any transfer of the grantee shall not constitute a waiver or release of the rights of the city in and to the public property or public rights of way, and any transfer shall, by its terms, be expressly subordinate to the terms and conditions of this chapter and the franchise. G. Transfer Time Periods: In the absence of extraordinary circumstances, the city will not approve any transfer or assignment of the franchise prior to construction or the completion of the rebuild of the system. Subject to the conditions of section 617 of the cable act, the city shall not approve a transfer if the grantee has not held the franchise for a period of three (3) years. H. Right To Review Purchase Price: Based upon public information, the city reserves the right to review the purchase price of any transfer or assignment of the cable system. Signatory Requirement: Any approval by the city of transfer of ownership or control shall be contingent upon the prospective party becoming a signatory to the franchise agreement. (Ord. 05- 4169, 7-5-2005) 12-4-34: PUBLICATION COSTS: The grantee shall assume the cost of publication of the franchise ordinance as such publication is required by law. A bill for the publication costs shall be presented to the grantee by the city upon the grantee's filing of acceptance and shall be paid at that time. (Ord. 05-4169, 7-5-2005) 12-4-35: ORDINANCES REPEALED: All ordinances and parts of ordinances in conflict with the provisions of this chapter are hereby repealed. (Ord. 05-4169, 7-5-2005) 12-4-36: SEPARABILITY: If any section, subsection, sentence, clause, phrase or word of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such section, subsection, sentence, clause, phrase or word shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. (Ord. 05-4169, 7-5-2005) 12-4-37: TIME IS OF THE ESSENCE TO THIS CHAPTER: Whenever this chapter shall set forth any time for any act to be performed by or on behalf of the grantee, such time shall be deemed by the essence any failure of the grantee to perform within the time allotted shall always be sufficient grounds for the city to invoke an appropriate penalty including possible revocation of the franchise. (Ord. 05-4169, 7-5-2005) 12-4-38: NO WAIVER OF RIGHTS: No course of dealing between the grantee and the city nor any delay on the part of the city in exercising any rights hereunder shall operate as a waiver of any such rights of the city or acquiescence in the actions of the grantee in contravention of rights except to the extent expressly waived by the city or expressly provided for in the franchise. (Ord. 05-4169, 7-5-2005) Division 2. Rate Regulations 12-4-39: RATE REGULATION PROCEEDINGS: Any rate regulation proceedings conducted under this division shall be in accordance with FCC rate regulations. A. 1. In the course of the rate regulation proceeding, the city may request additional information from the cable operator that is reasonably necessary to determine the reasonableness of the basic service tier rates and equipment charges. Any such additional information submitted to the city shall be verified by an appropriate official of the cable television system supervising the preparation of the response on behalf of the entity, and submitted by way of affidavit or under penalty of perjury, stating that the response is true and accurate to the best of that person's knowledge, information and belief formed after reasonable inquiry. The city may request proprietary information, provided the city shall consider a timely request from the cable operator that said proprietary information shall not be made available for public information, consistent with the procedures set forth in section 0.459 of the FCC rules and regulations. 2. Furthermore, said proprietary information may be used only for the purpose of determining the reasonableness of the rates and charges or the appropriate rate level submitted by the cable operator. The city may exercise all powers under the laws of evidence applicable to administrative proceedings under the laws of the state to discover any information relevant to the rate regulation proceeding, including, but not limited to, subpoena, interrogatories, production of documents and depositions. B. Upon termination of the rate regulation proceeding, the city shall adopt and release a written decision whether the rates or proposed rate increase are reasonable or unreasonable, and, ii unreasonable, its remedy, including prospective rate reduction, rate prescription and refunds. C. The city may not impose any fines, penalties, forfeitures or other sanctions, other than permitted by the FCC rules and regulations, for charging an unreasonable rate or proposing an unreasonable rate increase. However, the city may impose fines or monetary forfeitures on a cable operator that does not comply with a rate decision or refund order of the city, directed specifically at the cable operator, pursuant to the laws of the state and this code. D. Consistent with the FCC rules and regulations, the city's decision may be reviewed only by the FCC. E. The city shall be authorized, at any time, to gather information as necessary to exercise its jurisdiction as authorized by the laws of the state, the cable act, and the FCC rules and regulations. Any information submitted to the city shall be verified by an appropriate official of the cable television system supervising the preparation of the response on behalf of the entity, and submitted by way of affidavit or under penalty of perjury, stating that the response is true and accurate to the best of that person's knowledge, information and belief formed after reasonable inquiry. (Ord. 05- 4169, 7-5-2005) 12-4-40: CERTIFICATION: The city shall file with the FCC the required certification as necessary. (Ord. 05-4169, 7-5-2005) 12-4-41: NOTIFICATION OF CHANGES: With regard to the cable programming service tier, as defined by the cable act and the FCC rules and regulations, and over which the city is not empowered to exercise rate regulation, the cable operator shall give notice to the city of any change in rates for the cable programming service tier or tiers, any change in the charge for equipment required to receive the tier or tiers, and any changes in the nature of the services provided, including the program services included in the tier or tiers. Said notice shall be provided to the city at least thirty (30) business days prior to any change becoming effective. (Ord. 05-4169, 7-5-2005) 12-4-42: CABLE OFFICIAL: The city may delegate its power to enforce this division to the Iowa City telecommunications commission or to employees or officers of the city, to be known as the cable official. The cable official shall have authority to: A. Administer oaths and affirmations; B. Issue subpoenas; C. Examine witnesses; D. Rule upon questions of evidence; E. Take or cause depositions to be taken; F. Conduct proceedings in accordance with this division; G. Hold conferences for the settlement or simplification of the issues by consent of the parties; and H. Take actions and make decisions or recommend decisions in conformity with this division. (Ord. 05- 4169, 7-5-2005) Item Number: 8. +r p- W�rm�M CITY O� IOWA CITY www.icgov.org August 29, 2019 Letter from Climate Action Advisory Board: Recommendation for Climate Action Commission [Previously distributed in 8/15 Information Packet] ATTACHMENTS: Description Letter from Climate Action Advisory Board: Recommendation for Climate Action Commission [Previously distributed in 8/15 Information Packet] Iowa City Climate Action Advisory Board August 1, 2019 RE: Recommendation for a Climate Action Commission Iowa City City Council Members, In September 2018, the Iowa City City Council adopted the Iowa City Climate Action and Adaptation Plan, and at the same time dissolved the climate action steering committee of community stakeholders that assisted in development of the plan with Iowa City staff and a third -party consultant. This action was taken in accordance with the resolution that formed the committee and its purpose. At the time, the members of the steering committee recommended the formation of a community-based, self -governed, self-sustaining board, the Iowa City Climate Action Advisory Board, for a trial period of one-year to assist Iowa City staff with the arduous process of starting implementation of the plan. We are now approaching the one-year mark for the trial period, and have observed the following successes and challenges: • Formed four working groups to give focus to the issues of Buildings, Transportation, Communications, and Equity. The working groups have had partial successes but have also been slow to produce results as they rely on volunteer time. • Established a Communications Strategic Plan, which has just begun to be activated. • Started community outreach and awareness, but not at the frequency or visibility needed for the broader public to see and understand the impact. • Inspired new partnerships and programs such as the Johnson Clean Energy District. • Assisted city staff in review and development of a number of key programs including an Equity Fellow, mapping tools, a regional electric vehicle network, and a Climate Festival. • Recommended Iowa City engagement in the University of Iowa's public-private partnership for the university's utilities. • The board is not currently an official entity, can't raise funds, doesn't employ staff, and has no specific governing authority. To provide for these items and create a self- sustaining organization would require much greater involvement of time, finances, and influence. It has become apparent now to the board members at the end of the one-year trial period that with limited volunteer time and resources, the focus of the effort of the board and its members should be on the implementation work of the climate action plan, and the focus should not be on sustaining an independent non-profit organization. It is the board's recommendation the Iowa City City Council appoint a new Climate Action Commission to align with the declaration of a climate crisis in our community. Further details of the make-up of the commission and their role is attached to this letter. A Climate Action Commission would garner the credibility, influence, and greater capacity of a city council appointed organization with the support of city staff, budgets, and public transparency. It would allow commission appointees to provide focus on developing key community partnerships, formal review and recommendation of proposed policy and programs, and advising on the best course of future actions. Understanding the limitations of a volunteer - based commission and capitalizing on their strengths is critical to the success of the overall plan. Implementation of the climate action plan is a full-time job and more than any one person can undertake. It is the board's recommendation the required financial and personnel resources be allocated for this effort. That includes staffing a full-time coordinator(s), a champion of champions, that can do the day-to-day work such as meeting with key community stakeholders and partners, researching and writing policy and program proposals, coordinating with local and regional entities on behalf of the City of Iowa City, and tracking and measuring performance of the actions implemented. The climate action steering committee made a similar recommendation in September 2018 during the adoption of the plan and it has become even more apparent now, approximately one-year later. Current staff efforts have been successful in focusing on municipal efforts — the actions the City itself can take on its own, as well as managing the greenhouse gas inventory data and reporting; however, that has not allowed capacity for facilitating expanded outreach into the community. More can and should be done to influence action in the community. The members of the Climate Action Commission play an important part of that effort, but it needs an individual(s) championing activities on a daily basis. Further details on proposed actions by different stakeholders in the implementation effort are attached to this letter. The members of the Climate Action Advisory Board support the decision of the Iowa City City Council to declare a climate crisis and are prepared to continue the challenging work ahead. Signed, Iowa City Climate Action Advisory Board Members: Chair - Matt Krieger, Architect, Neumann Monson Architects Secretary - Katie Sarsfield, Site Engineering Leader, Procter & Gamble Oral Care Grace Holbrook, Student, University of Iowa John Fraser, Management Consultant GT Karr, Greater Iowa City Homebuilders Association Liz Maas, Assistant Professor, Kirkwood Community College Martha Norbeck, Owner and Architect, C -Wise Design and Consulting Eric Tate, Assistant Professor, University of Iowa Recommendations for the Climate Action Commission A Climate Action Commission should consist of community members and stakeholders with the backgrounds and expertise needed to advise on the issues outlined in the climate action plan and to represent the populations impacted, similar to the original steering committee. The Iowa City Climate Action Advisory Board recommends the commission consist of at least nine members with preference given to the following types of representation: • Local businesses (small and large) • Design and construction industry • Utility provider • Institutions including public schools, colleges, and universities • Students in higher education • Community non -profits • Bankers/economists • Lawyers • At -large neighborhood representative It is recommended the commission members serve three-year terms with a limit of two consecutive terms to balance the need for institutional knowledge and expertise on the issues with the desire for new perspectives and defined community service periods. Working groups or sub -committees focused on specific topics and issues are critically important to maintain progress on the key action areas of the plan and they facilitate engagement of community stakeholders not represented or with more specific expertise than those appointed to the commission. The board recommends the groups be established at the start of the commission's work to build upon current efforts. Recommendations for Stakeholder Roles The following are recommended roles and actions each type of stakeholder might take as part of the implementation of the Iowa City Climate Action and Adaptation Plan (referred to as "the plan " below) going forward. Iowa City City Council and Iowa City Staff combined roles • Review and decide on recommended modifications to the plan. • Set policy. • Develop, operate, and maintain programs, policies, and other actions at the recommendation of and review by the Climate Action Commission. • Assign resources — personnel, material, and financial — to the recommended actions. o At this time, that should include a climate action coordinator, additional building inspectors, and possibly a sustainability communications assistant to provide greater public awareness of climate action activities. • Establish a means for review through the `lens' of climate action the actions by other Iowa City boards and commissions. This could be an evaluation tool like a checklist or some other method. Develop and report annual greenhouse gas inventory. Coordinate with other communities on combined efforts — legislative, programmatic, etc. Coordinate and collaborate with and provide support where needed to community partners and stakeholders. Climate Action Commission roles • Review, prioritize, advise, and make recommendations to the Iowa City City Council on any modifications required to the plan. The plan should be updated every five years with annual reporting on progress. • Review, prioritize, advise, and make recommendations to the Iowa City City Council and Iowa City staff on actions to meet the reduction targets outlined in the plan. • Participate in working groups/sub-committees focused on the plan's action areas. • Coordinate with Iowa City staff on the development of community partners related to the plan. Develop awareness and support of partners. Where applicable, develop new programs with partners in alignment with the plan's actions. • Participate in community engagement and outreach activities. • Advocate as needed on policy at the municipal, state, and federal levels of government. • Assist Iowa City staff in review of evaluation and tracking tools. • Review annual reports on progress of the plan developed by Iowa City staff. • Assist in recruiting new applicants for the commission and its working groups/sub- committees. • Assist Iowa City staff in review of applications and development of programs related to climate action, including but not limited to: climate action ambassador program, climate action grants, etc. Communily partners roles • Engage Iowa City staff, the Climate Action Commission and its working groups in actions related to the plan. • Assist in building public awareness of the plan and the actions that relate to their own work/mission. • Request support where and when applicable to advance progress on their own actions in support of the plan. • Participate, get involved, influence others to do the same. 4 Item Number: 9. +r p- W�rm�M CITY O� IOWA CITY www.icgov.org August 29, 2019 Memo from City Manager: Clarification of Hourly Staff Numbers ATTACHMENTS: Description IViemo from City Manager: Clarification of Hourly Staff Numbers CITY OF IOWA CITY MEMORANDUM Date: August 26, 2019 To: Mayor and Council From: Geoff Fruin, City Manager Re: Clarification of Hourly Staff Numbers The August 20, 2019 City Council work session included comments and discussion on the City's past and current use of hourly staff. This memo is intended to correct misinformation from that meeting and clarify the City's past and current use of hourly staff. Total Number of Hourly Employees FY 2008 648 July 2007- June 2008 Number of Staff FY 2019 646 July 2018- June 2019 2 FY19 Hourly Staff Average Weekly Hours FY2019 Hourly Staff Tenure Number of Staff Years Employed Number of Staff Range of average weekly hours Average weekly hours 20+ 2 .75-6.37 3.56 15-20 3 .15-12.89 5.06 10-14.9 13 .04-19.75 6.78 5-9.9 25 .14-19.32 5.62 1-4.9 287 .01-24.78 6.64 <1 316 .02-22.13 4.48 FY19 Hourly Staff Average Weekly Hours Weekly Average Hours Number of Staff Department 20-24.78 17 Animal Services (2) Communications (1)* Engineering (1) Library (3) Parks (2) Recreation (7) Water 1 15-19.9 36 Animal Services (2) Communications (1)* Engineering (3) Library (14) NDS (2) Parks (3) Recreation (7) Senior Center (2) Streets 2 August 26, 2019 Page 2 10-14.9 69 Cemetery (1) City Clerk (1) Communications (1)* NDS (2) Forestry (1) Government Buildings (1) Library (18) Parks (12) Recreation (30) Streets 2 <10 524 Various *Position since converted to permanent part-time This data shows that the City's use of hourly employees has remained relatively constant over the last ten years. It also shows the vast majority of hourly workers have short tenures with the City and work less than ten hours per week on average. Additionally, reference was made to a staffing study completed by an outside consultant approximately ten years ago. The City contracted the services of The Austin Peters Group, Inc. in 2007 to complete a review of permanent City positions with regard to pay grade classification within their respective pay plans and also to update job descriptions. Non -permanent positions were not included in this study in any way. Furthermore, the study did not include any analysis or recommendations with regard to the potential elimination of existing permanent positions. Item Number: 10. +r p- W�rm�M CITY O� IOWA CITY www.icgov.org August 29, 2019 Memo from City Manager: Hourly Position Analysis [Previously distributed in 8/15 Info Packet] ATTACHMENTS: Description Memo from City Manager: Hourly Position Analysis [Previously distributed in 8/15 Info Packet] r ^,IF.® -4 CITY OF IOWA CITY 1klobt MEMORANDUM Date: August 14, 2019 To: Mayor and City Council From: Geoff Fruin, City Manager Re: Hourly Position Analysis Introduction During budget deliberations in January, the City Council requested that staff, with coordinated feedback from AFSCME, evaluate whether certain hourly positions should be converted to permanent positions. Starting with a list of twenty-two temporary positions, staff worked with AFSCME who reduced the list to nine positions that deserve further consideration (not including two Communications positions that Council already converted to permanent status). Assistant City Manager, Ashley Monroe, and Human Resources Administrator, Karen Jennings, subsequently prepared the position by position analysis for such a conversion. That report follows this cover memo. I would like to thank the AFSCME executive team for their assistance in reviewing this issue. The dialogue with AFSCME was professional and productive and I understand and respect their position that the remaining nine positions should be considered for permanent status. This memo outlines a cost summary for the conversion of the remaining nine positions and states my recommendation and accompanying rationale. Cost Summary The following table outlines the estimated maximum first year cost scenarios for conversion of the nine remaining positions. Job Title Location Maximum General Fund Cost First Year Maximum Employee Benefit Cost First Year Total maximum costfor conversion to permanent status (First Year FTE Animal Center Clerk Animal Control $22,593.62 $33,330.86 $55,924.49 1.26 Creative Assistant Communications $27,374.25 $18,147.53 $45,521.78 0.63 Corra,man,ications Aide Communi�abons $-25, OS,21 $35,666.54 $61„271.75 1.26 Clerical Assistant - Engineering Engineering Services $25,421.50 $25,192.46 $50,613.96 1.0 Intake/Customer Service Clerk Housing Authority $11,417.54 $28,308.37 $39,725.91 1.0 Video Production Specialist Senior Center $17,232.25 $20,103.68 $46,057.79 0.5 Senior Center Clerical Assistant Senior Center $9,660.30 1 $14,034.80 $23,695.10 0.76 Customer Service Attendants Recreation $142,027.29 $193,109.96 $335,137.25 7.0 Maintenance Aide Library $46,680.57 $87,126.37 $133,806.94 3.13 Human Resources Office Assistant Personnel $21,309.60 $13,699.45 $35,009.05 0.5 GISTechnician ITS $24,892.40 $14,333.63 $39,226.03 0.5 August 15, 2019 Page 2 Total 1 1 $374,214.53 1 $483,053.65 1 $865,990.05 1 17.54 * By Council decision, the Communications positions listed in gray were converted to permanent status in May 2019 Absorbing approximately $886k (17.54 FTE positions), will be extremely difficult, especially considering other City Council priorities. Combined with the planned bump in minimum wage for hourly employees to $13.25 (estimated cost of $350k) the one-year increase in personnel expenses above and beyond traditional increases for existing staff may easily exceed $1 million. These expenses will grow in future years as employees earn merit increases, receive negotiated bumps in pay, and as benefit costs increase. Recommendation I have two significant concerns with proceeding on these position conversions. The first is simply the financial challenge that is described above. Financing these conversions will be difficult by themselves, but doing that simultaneously while also addressing other Council priorities may not be feasible without a supplemental revenue source. The second concern is that adding these positions will add marginal increases in service benefits to the public while many City operations are increasingly showing a need for new staff simply to maintain service levels that our public expects. In my view, the public would benefit more from a focus on adding positions in those operations that are struggling to keep up with growing service demands. Furthermore, if our financial capacity is consumed by the conversion of existing positions, it may be years before we can begin to address the growing operational needs. For these reasons, my recommendation is to keep each of the nine positions as hourly. Those employees will benefit to a lesser degree from the Council's goal to reach a $15/hr minimum wage by July 1, 2021. If the Council wishes to proceed with conversions, I would urge you to further narrow the list of nine and convert the remaining positions over a few years. To aid you in this discussion, I offer my thoughts on priorities. The positions that would provide the most benefit to the city as permanent positions include in non -rank order are the Animal Center Clerk, Engineering Clerical Assistant, Senior Center Clerical Assistant and Recreation Customer Service Attendants. There are a few positions that I would strongly suggest you either leave hourly or simply eliminate upon vacancy. Those include the Senior Center Video Production Specialist, Human Resources Office Assistant and GIS Technician. The latter two were introduced as new hourly positions in the FY 2020 budget and would not have been recommended for creation as permanent positions. Staff looks forward to your discussion and direction on this topic. Date: August 15, 2019 CITY OF IOWA CITY MEMORANDUM To: Geoff Fruin, City Manager From: Ashley Monroe, Assistant City Manager Karen Jennings, Human Resources Administrator Re: Hourly Employee Analysis 1) Background In January 2019, Council held two brief discussions regarding the exploration of converting positions working a consistent year-round schedule from hourly to a permanent status. After determining it too complex an issue to decide before the impending deadline for the FY2020 budget, staff was directed to return to City Council by August with a full analysis for applicable positions. AFSCME representatives and management staff have met three times through this process to finalize the existing authorized temporary positions agreed upon for further analysis. The following positions met the criteria of working a fairly consistent schedule of an average of 20 hours each week through the duration of the year and were selected by AFSCME for further study: Job Title Location Vacancy Status Current # employed Animal Center Clerk Animal Control 2 Filled 2 Creative Assistant Communications 1 Filled 1* (Converted) Communications Aide Communications 2 Filled 2* (Converted) Clerical Assistant - Engineering Engineering Services 1 Vacant 2 Video Production Specialist — Senior Center Senior Center 1 Filled 1 Senior Center Clerical Assistant Senior Center 1 Vacant 1 Intake/Customer Service Clerk Housing Authority 1 Vacant 2 Maintenance Aide Library 6 Filled 6 Customer Service Recreation 25 Filled 25 Human Resources Assistant Personnel 1 Vacant - New 0 GIS Assistant ITS 1 Vacant - New 0 Total I 1 39 2) AFSCME Involvement in Position Review On April 10, the City Manager's Office and Human Resources Division met with AFSCME representatives and shared plans for analyzing each of the temporary/hourly positions that are being evaluated for permanent status. We also shared with AFSCME a list of all temporary positions that meet criteria for hours worked on consistent, year-round basis. Our initial count was 22 positions filled by more than 150 temporary/hourly employees. In May, the City Council authorized the conversion of two of the initial 22 positions to permanent status. Those positions were in the Communications Division (Communications Aide and Creative Assistant) and are now filled as permanent positions. In subsequent meetings, AFSCME reviewed the list of positions and provided their opinions of which positions should be evaluated. Ultimately, nine positions currently employing 39 temporary staff members were identified as August 15, 2019 Page 2 needing final guidance from the City Council. AFSCME was given an opportunity to review the position analysis that follows. They are also aware that the Council may choose to discuss topic at the August 20th work session. 3) Impacts and Considerations The following provides an overview of the factors and considerations necessary to review the nine hourly positions for conversion to a permanent status: 1. Impact on current employees Iowa Civil Service law has several requirements that the City must follow: • Iowa Code Chapter 400 says that all positions except those excluded from Civil Service statute (Library and some non -bargaining) will be subject to civil service testing requirements. In many positions, this test is the employment application itself and the oral interview but for some positions additional job-related tests may be used. • Additionally, Iowa Code Chapter 35C requires all positions to be filled by competitive examination or appointment to be posted for at least 10 days before application deadline. These requirements mean that the City is required to post for "new" positions and cannot move someone who currently holds a similar temporary/hourly position directly into a new permanent position. Instead, we will need to inform impacted hourly staff of the elimination of their existing hourly positions and notify them of the process to apply for the newly created permanent positions. It is important to note that with some positions, it is expected that the number of people needed to fill permanent roles will be fewer than the number of people that currently fill the corresponding hourly positions. In those cases, some temporary/hourly employees will no longer have an employment opportunity with the City. Furthermore, the minimum qualifications and job duties for each position considered for permanent status have been reviewed and, in many cases, alterations will be necessary. Increasing required qualifications and expanding job duties offer service level enhancements to the community but could also increase barriers to entry for people hoping to find work with the City. In some cases, people currently employed in temporary/hourly positions may not end up being qualified or interested in the expanded job duties or schedules of the resulting permanent position. These provisions and considerations apply to all positions reviewed below except for the Human Resources Assistant and GIS Assistant (confidential employees). However, those two positions were newly created in the FY 2020 budget and have not been posted or filled because of this pending analysis. 2. Bargaining Unit Provisions Converting positions from temporary/hourly to permanent status would make the positions, with few exceptions, a part of the AFSCME Local #183 Collective Bargaining Unit. The provisions of the AFSCME collective bargaining agreement holds the City to certain obligations. For example, Article 13 of the AFSCME collective bargaining agreement requires internal posting of positions and establishes seniority rights for bargaining unit members. This means that if current AFSCME employees have interest in any of the newly created positions and have appropriate qualifications for the job, there are positions currently held by hourly staff that could be filled by existing AFSCME employees based on seniority, leaving current hourly employees without a position at the City. This provision applies to most of the positions reviewed below. 3. Impacts on Supervisory Positions Iowa Code Chapter 20 includes a `supervisory employee exclusion' which prevents bargaining unit employees from being supervised by other bargaining unit employees. The City does have AFSCME positions that manage hourly staff that are outside of the bargaining unit. If the supervised hourly positions are brought into AFSCME as permanent positions, this directly impacts the existing 2 August 15, 2019 Page 3 corresponding AFSCME supervisory position. That existing AFSCME position would need to be evaluated and re -graded, based on removal of supervisory duties, or, the position would need to be moved out of the union as a new non -bargaining unit position. This provision does not currently apply to the positions below but if departments were to re -organize at a future date, Chapter 20 must be applied as appropriate. 4) Individual Position Analysis In addition to the considerations above, the following charts provide a basic position and cost analysis for each of the nine positions AFSCME leadership and City staff agreed to evaluate. Detailed analysis for each can be found by the index below: 1) Animal Center Clerk — Page 4 2) Engineering Clerical Assistant — Page 6 3) Housing Authority Intake/Customer Service Clerk — Page 8 4) Senior Center Clerical Assistant — Page 10 5) Senior Center Video Production Specialist — Page 12 6) Recreation Customer Service Attendant — Page 14 7) Library Maintenance Aide — Page 16 8) Human Resources Assistant — Page 18 9) GIS Assistant — Page 19 10) Total Cost Summary — Page 20 3 August 15, 2019 Page 4 1) Animal Center — Animal Center Clerk: The Animal Center front desk operations currently has one full- time equivalent (FTE) permanent Animal Center Assistant and two hourly Animal Center Clerks, each working 25 hours weekly. Animal Center Clerks greet visitors, assist with adoption and intake of animals, perform cashier duties, handle license mailing, and some digital maintenance activities. Changing the two hourly positions to permanent will not significantly alter their responsibilities but may necessitate the creation of a higher leadership role for an existing position (Animal Center Assistant). That position would also need to be posted for hire. When the new leadership role is filled, the two hourly Clerk positions would become two new .63 FTE Assistant permanent positions. Animal Center Clerk Status quo Possible change Comments (hourly) (permanent) Staffing structure Two 25/week hourly Animal Two .63 FTE Assistants The number of positions Center Clerks; Two occupied and hours worked would stay the same if the positions shifted to permanent status. Minimum 9 High school diploma 0 Associates Degree Additional minimal Requirements • Six months clerical office 0 One year clerical office requirements would experience experience enhance service levels but • Experience with care and 0 Care and handling of may create barriers to handling of animals animals employment for some applicants. Duties/ 9 Greets and directs visitors at Status quo duties Responsibilities Animal Center; • serves as front office cashier and public relations receptionist; • cleans and disinfects animal areas; • counsels pet adoptions; • educates the public regarding animal related issues; • Impounds animals and assists with animal care Supervisory Reports to Animal Services Possible restructuring of The estimated cost to structure Coordinator Division, including the replace existing FT creation of a new 1 FTE assistant position with a position that would serve in new position to lead part - a leadership role for time Assistants is expanded permanent approximately $69,142 office/customer service staff Assuming a Grade 4) Pay/Proposed $11.50 and $12.00/hour Grade 2 ($25,605.21 at With benefits and insurance Grade .63FTE) plus access to city the total cost increase to subsidized health and dental convert two positions is insurance estimated to be $55,924.49. This assumes both employees will opt for family health insurance. This number will be lower if single or no insurance is selected by one or both of the employees. 4 August 15, 2019 Page 5 Impacts on employees and applicants: 1. Two people hold existing hourly Animal Center Clerks, however the conversion to permanent may require replacing an existing, filled, 1 FTE Assistant position with one 1 FTE leadership position to be filled by posting. 2. Changes proposed for a benefitted Clerk position are limited and will likely not significantly alter the level of skill and responsibility for applicants, nor change levels of services provided. 3. The maximum cost to move these two positions to permanent part-time is equivalent to adding 1 FTE Streets or Wastewater Maintenance Worker III position. Total wage & benefit: $84,541.28 (does not include additional leadership staff Cost difference for first year: $55,924.49 (does not include additional leadership staff $22,593.62 FY2020 General Fund $33,330.86 FY2020 Employee Benefits Fund 9 August 15, 2019 Page 6 2) Engineering — Clerical Assistant: The Engineering Division currently has two Clerical Assistant positions scheduled 20 hours weekly. These two employees answer and route calls, collect mail, support the sidewalk inspection program, and help contractors in the permitting process for work in the right-of-way. Calls from the Streets Division roll over to the Engineering Desk. A change in position status will add a couple of duties but not result in significantly altered responsibilities for the position. Currently, one of the two positions is vacant because one of the employees transferred to an open position at the Senior Center. Engineering has been operating without anyone in the position covering mornings since early July, as staff has been waiting for the outcome of this evaluation before posting. Clerical Assistant - Engineering Status quo Possible change Comments (hourly) (permanent) Staffing structure Two 20/week hourly Clerical 1 FTE Clerical Assistant The number of positions Assistants; One occupied, one would decrease, and hours vacant worked would increase to full-time, if the positions shifted to permanent status. Minimum High School Diploma 0 One month working with Higher salary and Requirements the public required; availability of benefits may • familiarity with computer lead to an increased systems. applicant pool with overall • experience with higher levels of experience. engineering, development, or related fields preferred Duties/ 0 Greets visitors to All "status Quo" Responsibilities Engineering Division responsibilities plus: • Receives and routes 0 support for grant phone calls programs; • Supports sidewalk 0 maintaining the "adopt inspection program an intake" program • Assists contractors with permitting work in the right of way Supervisory Reports to City Engineer No change structure Pay/Proposed $12.50/hour Grade 2 ($40,643 at 1 FTE) With benefits and insurance Grade plus access to city the total cost increase is subsidized health and dental estimated to be $50,613.96. insurance This assumes both employees will opt for family health insurance. This number will be lower if single or no insurance is selected by one or both of the employees. Impacts on employees and applicants: 1. Converting the Engineering Clerical Assistant positions to one FTE would impact one current hourly employee. 2 August 15, 2019 Page 7 2. Changes proposed for a benefitted Clerical Assistant position are limited and will likely not significantly alter the level of skill and responsibility for applicants, nor change levels of services provided by the Division. 3. Rationale for changing the position from two half-time positions to one full-time position is based upon interest in continuity of services and expanded knowledge from the Clerical Assistant. Total wage and benefit: $65,835.66 Cost difference in first year: $50,613.96 $25,421.50 FY2020 General Fund [$25,192.46 FY2020 Employee Benefits Fund VA August 15, 2019 Page 8 3) Housing Authority - Intake/Customer Service: The Iowa City Housing Authority is funded by the United States Department of Housing and Urban Development and serves multiple counties. The federal funds are passed through to the City's budget and the flexibility of funding is dependent upon yearly federally calculated allocations. Over the past few years, the Housing Authority has had the ability to expand its administrative budget to accommodate expenditures and if Council were to convert the Intake Assistant positions to permanent status, the ICHA has the capacity to do it at this time. It must be noted that five years ago, federal funding allocations dropped, leading to the elimination of the Intake Clerk positions in question. The staff in these positions were eliminated until funding capacity returned. At that time, duties were shifted, and hourly employees were hired to maintain service levels. It is possible that a return to a permanent model will not be sustainable in future years if federal funds decrease. Intake/Customer Service Assistant — Housing Authority Status quo Possible change Comments hourly (permanent) Staffing structure Two 20/week hourly Two 0.5 FTE The number of positions Intake/Customer Service Intake/Customer Service and hours worked would Assistants; One occupied, one Assistants stay the same if the vacant positions shifted to permanent status. Minimum • High School Diploma One month working with Higher salary and Requirements a Confidential record the public required; availability of benefits may handling requires staff to 0 familiarity with computer lead to an increased complete in-house systems; applicant pool with overall training and be certified 0 ability to complete CJIS higher levels of experience. from the FBI's Criminal certification training; Justice Information 0 bilingual skills preferred Services (CJIS) Duties/ 0 Greets visitors to Housing All "Status Quo" Responsibilities Authority responsibilities plus: • Receives and routes . Data entry of waiting list phone calls, and and address change schedules appointments forms • Explains forms to the public and distributes completed forms to staff • Prepares, maintains, and tracks requests for information from other city, state and federal entities, routing information to staff for follow up Supervisory Reports to Housing No change structure Administrator Pay/Proposed $12.00/hour Grade 2 ($20,321 at .5FTE) With benefits and insurance Grade plus access to city the total cost increase is subsidized health and dental estimated to be $39,725.90 insurance This assumes both employees will opt for family health insurance. This number will be lower if single or no insurance is selected by one or both of the employees. August 15, 2019 Page 9 Impacts on employees and applicants: 1. Converting the Housing Authority Intake positions limits the sustained impact on current employees to one person, as staff has been waiting for the outcome of this evaluation before posting for one vacant position. 2. Changes proposed for a benefitted Intake position are limited and will likely not significantly alter the level of skill and responsibility for applicants, nor change levels of services provided. One highly automated process would be transitioned from two FTE currently performing the task and given to the Intake position as an additional duty. 3. Availability of funding is dependent upon yearly federally calculated allocations. Although the financial impacts to the City do not affect the General Fund, funding will come from other City funds. Total wage and benefit: $68,951.56 Cost difference in first year: $39,725.91 $11,417.54 (Wages) FY2020 Housing Authority Funds $28,308.37 (Benefits) FY2020 Housing Authority Funds August 15, 2019 Page 10 4) Senior Center Administrative Clerk Assistant: In 2003, the City was required to convert The Center's morning Receptionist position working 20 hours weekly to permanent status because the employee worked in excess of the AFSCME collective bargaining agreement limitations for temporary employees. The current afternoon Clerk Assistant therefore performs lighter tasks and responsibilities because by AFSCME contract, non-union positions cannot hold the same responsibilities and functions as benefitted union positions. The Center has been operating with this model for the past fifteen years, despite the challenge of dividing tasks accordingly. If the position were to be converted to match the Receptionist, duties would be made the same. Additionally, to preserve continuity of services at The Center's front desk, a request for a short overlap in schedules would be brought to Council for approval, keeping the newly converted position at 0.63 FTE and adding 0.13 FTE to the existing permanent Receptionist position. Clerical Assistant — Senior Center Status quo Possible change Comments (hourly) permanent) Staffing structure One vacant 25/week hourly One .63FTE Receptionist The number of positions Clerical Assistant and hours worked would stay the same for this position if it shifts to permanent status. Minimum 0 Six months working with 0 High school degree Higher salary and Requirements the public; required; availability of benefits may • familiarity with computer 0 one month working with lead to an increased systems the public required; applicant pool with overall • familiarity with computer higher levels of experience. systems Duties/ 0 Processes Center All "Status Quo" Responsibilities memberships, parking responsibilities plus: permits and parking ticket • Assists staff with sales; maintaining digital • Customer service and screen messaging and staff support communications at The • Makes copies at request Center of public and staff. Supervisory Reports to Senior Center No change structure Coordinator Pay/Proposed $11.50/hour Grade 2 ($25,605 at With benefits and Grade .63FTE) plus access to city insurance, the total cost subsidized health and dental increase is estimated to be insurance $28,266.68 This assumes employee will opt for family health insurance. This number will be lower if single or no insurance is selected. Impacts on employees and applicants: 1. Converting the Clerical Assistant position has no impact on current employees at this time, as it has been vacant, awaiting the outcome of this evaluation. 2. Changes proposed for a benefitted Clerical Assistant position will match those of a Grade 2 Receptionist, which matches the position currently working morning hours at The Center. 10 August 15, 2019 Page 11 3. A request of .13 FTE additional hours would accompany a change of the Clerical Assistant position from hourly to permanent to accommodate a slight overlap in lunch hour and match the two Receptionist scheduled hours (.63 FTE) 4. The maximum cost to move positions to permanent part-time is equivalent to salary and benefits for almost 1 FTE Transit or Parking Maintenance Worker I. Total wage and benefit: $60,061.75 (includes .13 change in current .5 Receptionist hours) Cost difference in first year: $46,057.79 (includes .13 change in current .5 Receptionist hours) $17,232.25 FY2020 General Fund $20,103.68 FY2020 Employee Benefits Fund 11 August 15, 2019 Page 12 5) Senior Center - Video Production Specialist: This position would have minimal change in duties and responsibilities. Although the position helps assist participants and members at The Center with technology and creates programming for The Center, the role is solely focused on services specific to one department. If the position were to be converted, the City Manager's recommendation would be to not fill the position due to higher staffing priorities. The employee currently working hourly would be permitted to remain in the role until their departure, upon which, the City would not fill it as a permanent position. Video Production Specialist — Senior Center Status quo Possible change Comments (hourly) (permanent) Staffing structure One occupied 20/week hourly One .5 FTI= Video The number of positions Video Production Specialist Production and Technology and hours worked would Specialist stay the same if shifted to permanent status. Minimum A background in 0 High school degree; Requirements communications, . background in telecommunications, communications, broadcast, film, or video telecommunications, production; broadcast, film, or video • proficiency or ability to production; learn all aspects of digital • proficiency or ability to video production learn all aspects of digital video production; • experience working with older adults preferred Duties/ Assists in recruitment, No change Media production is an Responsibilities training, and coordination evolving industry. Some of volunteers to work on responsibilities of the Senior Center Television current Video Production • Coordinates and assists Specialist are anticipated to in the production of in- transition from "traditional" house Center programs aspects of media and promotional materials production regardless of • Manages SCTV whether the position is equipment and maintains converted to permanent archive status. The hourly position • Assists in coordinating is moving successfully technology literacy towards modern methods programs and project approaches. Supervisory Reports to Senior Center No change structure Coordinator Pay/Proposed $12.50/hour Grade 8 ($24,882 at .5FTE) With benefits and insurance Grade plus access to city the total cost increase is subsidized health and dental estimated to be $23,695.10. insurance This assumes the employee will opt for family health insurance. This number will be lower if single or no insurance is selected by the employee. Impacts on employees and applicants: 1. Converting the position to permanent would impact one current employee. 12 August 15, 2019 Page 13 2. There would be little to no change in the responsibilities of the position but based upon the technical nature of position responsibilities, pay is estimated at a Grade 8 to match similar positions in the City. Total wage and benefit: $38,916.80 Cost difference in first year: $23,695.10 $9,660.30 FY2020 General Fund $14,034.80 FY2020 Employee Benefits Fund 13 August 15, 2019 Page 14 6) Parks and Recreation - Customer Service Attendant: The City's two Recreation Centers are operational seven days a week, almost 365 days a year, open between nine and fifteen hours a day. Coverage is needed in the Customer Service Attendant role to primarily receive phone calls, assist with registrations, respond to the public in-person, and perform building walk-throughs. At the August 6 Council meeting, Council permitted the transition of one Recreation Supervisor to an Assistant Recreation Superintendent role for the purpose of assisting the Recreation Superintendent with supervision duties for the customer service and recreation staff. Prior to this transition, the Recreation Superintendent was the direct supervisor of the Customer Service Attendants and some other Recreation hourly staff working between two buildings. Before this change, a conversion of the Customer Service positions to permanent status would have necessitated the creation of a brand-new, additional position to supervise the newly permanent staff, at a minimum cost of approximately $92,000 including benefits. Pre- emptively moving the Recreation Supervisorfrom AFSCME status at a real cost difference of approximately $7,000 in year one, creation of a new position to supervise Customer Service staff is no longer needed. Customer Service Attendant — Recreation Services Status quo Possible change Comments (hourly) (permanent) Staffing structure 25 hourly Customer Service Four FTE and Six 0.5FTE The number of positions Attendants working varying Customer Service would decrease by schedules Attendants approximately 15; hours worked would be either 20 or 40 hours per week, if shifted to permanent status. Minimum No experience required a High school diploma or Higher salary and Requirements equivalent; availability of benefits may • familiarity with lead to an increased computer, phone, and applicant pool with overall cash register systems; higher levels of experience. • three months customer service experience; • experience with youth, or special populations preferred; • bilingual skills preferred. Duties/ 0 Answers phone calls All "Status Quo" Additional minimal Responsibilities 0 Assists the public with responsibilities plus: requirements would registrations • Volunteer recruitment or enhance service levels but • Handles cash deposits management may create barriers to • Walks the recreation • Assistance with employment for some centers to ensure public program marketing applicants needs are met 0 Processes invoices Supervisory Report to Assistant Recreation No change structure Superintendent Pay/Proposed $11.50 - $15.00/hour Grade 2: With benefits and Grade (6) ($20,321.60 at .5FTE) insurance, the total cost (4) ($40,643.20 at 1 FTE) increase is estimated to be plus access to city $335,137.25 This assumes subsidized health and dental all ten employees will opt insurance for family health insurance. This number will be lower if single or no insurance is selected. 14 August 15, 2019 Page 15 Impacts on employees and applicants: 1. Converting the Customer Service Attendant positions will likely impact approximately 25 existing employees, the majority not being hired for the reduced number of available positions. It is possible that additional employees may be impacted, as the number of hourly customer service employees shifts frequently, and this was a snapshot in time (month of April 2019) which most accurately reflected an average number of employees able to cover operations at both Recreation Centers. 2. To meet the level of responsibilities in commensurate pay grades, enhancements proposed for a benefitted Customer Service Attendant position include responsibilities such as assistance with department and recreation program communications, and volunteer programs. 3. It is possible that a small group of employees working a set schedule may provide a consistent level of service, improving operations in Recreation. Currently, the large number of employees makes scheduling coverage challenging at times, especially during periods of school breaks. 4. The maximum cost to move positions to permanent full-time and part-time is equivalent to salary and benefits for approximately 5.5 Police Officers or 6 full time Maintenance Worker I in Streets or Parks Maintenance. Total wage and benefit: $447,612.36 Cost difference in first year: $335,137.25 $142,027.29 FY2020 General Fund $193,109.96 FY2020 Employee Benefits Fund 15 August 15, 2019 Page 16 7) Library — Maintenance Aides: The Library currently has a Maintenance staff of eleven, including five permanent positions, four FTE and one part-time employee. The balance of maintenance staff includes six hourly staff, working an average of 14.75 hours per week, generally on a consistent schedule. The Library, like the Recreation Centers, operates nearly every day of the year, has staff working all day and third -shift hours, and has a very large floor area to keep clean and maintained each of those days. At this time, the maintenance staff is supervised by the Building Manager. Responsibilities during the hours of operation primarily include custodial work and some limited response to needs of the public. If converted to permanent roles, Library Maintenance would increase the level of skill and responsibilities to that of a maintenance worker or custodian. The Library is planning to go through a comprehensive analysis of staffing positions when they update their Strategic Plan but the review of Maintenance Aide positions at this time, was encouraged by AFSCME representation and Library Administration. Maintenance Aide - Library Status quo Possible change Comments (hourly) (permanent) Staffing structure Six Maintenance Aides with (1) 1 FTE Maintenance The number of positions varying weekly hourly Worker I (MWI) would be reduced, and schedules (1) .63 MWI hours worked would (Total of 273 hours) (1) .5 FTE MWI increase, if all positions (2) .5 FTE Custodians were shifted to a permanent (Total of 285 hours) status. Minimum . High school diploma or 0 High school diploma or Higher salary and Requirements equivalent; equivalent; availability of benefits may • valid driver's license 0 valid driver's license; lead to an increased • six months experience applicant pool with overall in building maintenance. higher levels of experience. Duties/ 0 Cleans, mops, dusts, No change in position The prime differentiation Responsibilities vacuums, and removes responsibilities but the between Library Custodians trash and recycling distribution of duties will and Maintenance Workers • Sets up meeting room establish new permanent is that MW positions do tables and chairs Maintenance Worker higher level repairs and • Performs snow removal positions (3) and new have more interaction with • Sets and disarms alarms permanent Custodian the public; currently, the Monitors and issues positions (2). only two permanent status tickets in library parking Custodians work overnight. area Supervisory Reports to Building Manager No change structure Pay/Proposed $11.50 —14.00/hour Grade 1 With benefits and insurance Grade ($39,436.80 at .5 FTE) plus the total cost increase to access to city subsidized create these new positions health and dental insurance is estimated to be $119,090.50 This assumes Grade 2: the five hired employees ($20,321.60 at .5FTE) will opt for family health ($25,605.21 at .63FTE) insurance. This number will ($40,643.20 at 1 FTE) be lower if single or no plus access to city insurance is selected by the subsidized health and dental employee. insurance 16 August 15, 2019 Page 17 Impacts on employees and applicants: 1. Converting the hourly Maintenance Aide positions would impact six people currently in these positions. 2. Changes proposed include increasing the responsibilities of the Maintenance Aides to a level 01 Maintenance Worker I positions (including basic maintenance and repair skills). Two of the positions would be created as new Custodians, accountable for responsive service to the public as well as scheduled deep cleaning and similar activities. 3. The maximum cost to move Library Maintenance positions to permanent status is equivalent to salary and benefits for approximately 2.7 Police Officers or 3 full-time Maintenance Worker I in- Streets or Parks Maintenance. Total wage and benefit: $211,279.20 Cost difference in first year: $135,806.94 $48,680.57 FY2020 General Fund $87,126.37 FY2020 Employee Benefits Fund 17 August 15, 2019 Page 18 8) Human Resources Office Assistant: The Human Resources Office Assistant is a position newly approved in the FY2020 budget. The position is intended to provide 20 hours weekly filing and office task support to the Human Resources Division. As the organization grows, office help is needed but if converted to a permanent status position, the City Manager would likely not fill this position due to higher staffing priorities. Human Resources Office Assistant Status quo Possible change Comments (hourly) (permanent) Staffing structure UI work study staffing 15-20 One .5FTE Office Assistant hours per week during the school year, 20 hours/week temporary staff during the summer Minimum a High school diploma or All "status quo" plus: Higher salary and Requirements equivalent; prior office or clerical availability of benefits may • familiarity with standard experience lead to an increased office equipment; applicant pool with overall • familiarity with customer higher levels of experience service experience Duties/ 0 Answers phone All "status quo' plus Establishing a permanent Responsibilities a Greets and assists • Exports and distributions benefit -eligible position in internal and external job applications lieu of the work-study walk-in customers • Assists with posting and model, will provide staffing • Data entry, filing, advertising of open stability that will allow this scanning positions position to be assigned a • Assists with applicant • Benefits reconciliation higher level of correspondence and • Assists with new responsibility. advertising_ employee orientations Supervisory _ _ _ Reports to Human Resources No change structure Administrator Pay/Proposed New position New Confidential grade 22. With benefits and insurance Grade at $21,309.60 for .5FTE plus the total cost increase is access to city subsidized estimated to be $35,009.05. health and dental insurance This assumes the employee will opt for family health insurance. This number will be lower if single or no insurance is selected by the employee. Impacts on employees and applicants: 1. Hiring for the Human Resources Assistant position has no impact on current staff, as staff has been waiting for the outcome of this evaluation before posting. 2. Will require amending the Administrative and Confidential pay plan to create a new grade 22 wage scale to align compensation with position responsibility and qualifications. Total wage and benefit: $35,009.05 Cost difference in first year: $35,009.05 $21,3Q9.60 FY2020 General Fund $13,699.45 FY2020 Employee Benefits Fund I 18 August 15, 2019 Page 19 9) Information and Technology Services - GIS Assistant: The GIS Assistant is a position newly approved in the FY2020 budget. Position funding would come from the Internal Service Fund, rather than the General Fund. The position is intended to provide 20 hours weekly GIS project support to all City departments. City departmental GIS needs continue to grow, but if converted to a permanent status position, the City Manager would likely not fill this position due to higher staffing priorities. GIS Assistant Status quo Possible change Comments (hourly) (permanent) Staffing structure New position. No current staff. One .5FTE Assistant Minimum Completion of at least Completed at least one Additional minimal Requirements one GIS course year of school toward a requirements may create bachelor's degree in barriers to employment for GIS, Engineering, some applicants but may Planning, Computer also lead to an increased Science, or related applicant pool with overall field/equivalent higher levels of experience. Duties/ Manage GIS -related No change Responsibilities databases • Conduct research, create maps and exhibits in coordination with City departments • Provides training Supervisory Reports to Information No change structure Services Coordinator Pay/Proposed New position New Confidential grade 24 With benefits and insurance Grade at $24,892.40 .5FTE plus the total cost of a new .5 access to city subsidized FTE is $39,226.03. This health and dental insurance assumes the employee will opt for family health insurance. This number will be lower if single or no insurance is selected by the employee. Impacts on employees and applicants: 1. Hiring for the GIS Technician position has no impact on current staff, as staff has been waiting for the outcome of this evaluation before posting. 2. This position would be considered an Administrative/Confidential position, Pay Plan Grade 24. Total wage and benefit: $39,226.03 Cost difference in first year: $39,226.03 $24,892.40 FY2020 Wages (Non -General Fund impact) $14,333.63 FY2020 Benefits (Non -General Fund impact) 19 August 15, 2019 Page 20 5) Total Costs In summary, the first table below identifies the expense to General Fund and Employee Benefit Fund. The Housing Authority positions and GIS position would be funded outside the General Fund therefore the second table shows impacts to these other City funds. The final chart shows the total cost from all City funds. All charts identify the number of full-time position equivalents used for budgeting purposes. In the FY2020 budget, the City added 1.38 FTE in the General Fund and 1.25 FTE in Enterprise Funds (2.63 FTE over all funds). The City had gone through several years of attrition in employees and not until FY2018 did the City begin to add FTE. During these three years, the City has added an average of 2.41 FTE over all funds. fob Department funded by 4a^Pr2i E. nd Maximum General Fund AGost (First Year) inaxirxium Employee Benefit Cost I (First Year) Total maximum cast - to convert to permanent status (F rst YearI.,, IFTE Department funded Maximum Wage Maximum Benefit permanent status —bybier City funds Cost First Year Cost tFirst Year First Y_eafl. FTE Animal Center Clerk Animal Control $22,593.62 $33,330.86 $55,924.49 1.26 Clerical Assistant - Engineering Engineering Services $25,421.50 $25,192.46 $50,613.96 1.0 Video Production Specialist Senior Center $17,232.25 $20,103.68 $46,057.79 0.5 Senior Center Clerical Assistant Senior Center $9,660.30 $14,034.80 $23,695.10 0.76 Customer Service Attendants Recreation $142,027.29 $193,109.96 $335,137.25 7.0 Maintenance Aide Library $46,680.57 $87,126.37 $133,806.94 3.13 Human Resources Office Assistant Personnel $21,309.60 $13,699.45 $35,009.05 0.5 Creative Assistant* Communications $27,374.25 $18,147.53 $45,521.78 0.63 Communications Aide* Communications General Fund Total * By Council decision. the Communications nositions listed in $25,605.21 535,666.54 $337,904,59 $440,411.65F arav wPrP convPrtarl to nPrmnnant ctatiic $61,271.75 in nnav 9n 16 1.26 r4 Maximum total from all City funds FY2020 $374,214.53 1 $483,053.65 1 $865,990.0.5 17.54 Should the City Council wish to proceed with conversion of these hourly positions to permanent positions, staff would take the following steps: 1. Finalize the job descriptions and seek formal Council approval to create the new positions. 2. Inform existing temporary/hourly staff of the revised job description, the elimination of their hourly positions, and of the application process for the newly created positions. 3. Complete the hiring process, fill new positions, and terminate hourly staff who are not hired into newly created permanent positions. If Council wants to make these changes effective immediately or upon vacancy in the hourly positions, then staff would also need to amend the FY2020 budget. Otherwise, staff can plan for changes with the FY2021 budget (effective July 1, 2020). For this analysis, costs were calculated with the most current FY2020 Pay Plan rates. At FY2021, salary costs will increase accordingly, aligning with next year's AFSCME and Administrative and Confidential Pay Plans. The cost of conversion can be split between the General Fund and the Employee Benefits Fund (as shown above). Assuming that family insurance is selected by the employees holding the new permanent positions, the estimated 20 'fatal max costt0 convert to Department funded Maximum Wage Maximum Benefit permanent status —bybier City funds Cost First Year Cost tFirst Year First Y_eafl. FTE Intake/Customer Service Clerk Housing Authority $11,417.54 $28,308.37 $39,725.91 GISTechnician • . ITS $24,892.40 $14,333.63 09 rr _1.0 $39,226.03 �D.5 Maximum total from all City funds FY2020 $374,214.53 1 $483,053.65 1 $865,990.0.5 17.54 Should the City Council wish to proceed with conversion of these hourly positions to permanent positions, staff would take the following steps: 1. Finalize the job descriptions and seek formal Council approval to create the new positions. 2. Inform existing temporary/hourly staff of the revised job description, the elimination of their hourly positions, and of the application process for the newly created positions. 3. Complete the hiring process, fill new positions, and terminate hourly staff who are not hired into newly created permanent positions. If Council wants to make these changes effective immediately or upon vacancy in the hourly positions, then staff would also need to amend the FY2020 budget. Otherwise, staff can plan for changes with the FY2021 budget (effective July 1, 2020). For this analysis, costs were calculated with the most current FY2020 Pay Plan rates. At FY2021, salary costs will increase accordingly, aligning with next year's AFSCME and Administrative and Confidential Pay Plans. The cost of conversion can be split between the General Fund and the Employee Benefits Fund (as shown above). Assuming that family insurance is selected by the employees holding the new permanent positions, the estimated 20 August 15, 2019 Page 21 new costs to the General Fund would be approximately $321,235 and the estimated new cost to the Employee Benefits Fund would be $429,239.58, a total of $759,196.52 for the remaining FY2020 budget year. Accounting for the Communications positions converted in May 2019, the maximum cost to convert all these positions to benefitted, permanent positions, would be approximately $865,990.05 in FY2020. 21 Item Number: 11. +r p- W�rm�M CITY O� IOWA CITY www.icgov.org August 29, 2019 Memo from Budget & Compliance Officer: Quarterly Financial Summary for Period Ending June 30, 2019 ATTACHMENTS: Description Quarterly Financial Summary for Period Ending June 30, 2019 l fir CITY OF IOWA CITY M E M 0 RA N D U M Date: August 27, 2019 To: City Manager, City Council From: Jacklyn Fleagle, Budget & Compliance Officer Re: Quarterly Financial Summary for Period Ending June 30, 2019 Introduction Attached to this memorandum are the City's quarterly financial reports as of June 30, 2019. The quarterly financial report includes combined summaries of all fund balances, revenues, and expenditures for fiscal year 2019 through the end of the fiscal year. This report represents the entire fiscal year's activities, but the totals presented are still preliminary and unaudited. Accruals will continue to be posted through August and September and until the annual financial audit is completed by Bohnsack & Frommelt. Revenue Analysis This revenue analysis pertains to the revenue reports, Revenues by Fund and Revenues by Type, on pages 4-6. In these two reports, the actual revenues would ideally be near 100% of budget since we have completed the fiscal year; however, not all of the accrued revenues have been received and posted yet. For the major governmental funds, their actual revenues appear to have finished the year very close to their revised budget estimates. The General Fund is at 100.4%, the Road Use Tax Fund is at 102.4%, the Employee Benefits Fund is at 99.2%, and the Debt Service Fund is at 101.2%. Some large accruals are still outstanding such as the final Hotel/Motel Tax receipt (Other City Taxes) in the General Fund, but overall, these funds appear to have received revenues in line with what we were anticipating. In the major enterprise funds, the actual revenues as a percentage of the budget ranged between 96.7% and 108.2%. The Water Fund finished with revenues at 96.7% of budget, the Housing Authority Fund at 108.2% of budget and the Wastewater Fund at 99.8% of budget. Some large accruals have yet to be made within the major enterprise funds for unbilled services and receivables at year end. The major enterprise funds will finish the year with revenues close to or higher than 100% of budget primarily due to conservative revenue budgeting for charges for fees and services and interest income. Several funds are below the 100% benchmark due to the timing of grants. These funds include the Community Development Block Grant (CDBG) Fund at 57.5°/x, the HOME Fund at 69.7%, the Other Shared Revenue Fund at 6.8%, and the Metro Planning Org of Johnson County at 87.3%. Additionally, both the Governmental Projects and the Enterprise Projects Capital Funds are significantly below budget at 52.7% and 41.8%, respectively. Revenues for these funds are significantly below budget due to the timing of the state and federal grant revenues and private loan repayments. These revenues have not yet been received or earned and will be amended into next year's budget. The combined total actual revenues for all budgetary funds through June are $167,095,475 or 92.2% of budget. The budget shortfall of $14,108,830 is primarily due to the timing of the aforementioned grant revenues and other unrecorded accruals. Overall, the City's revenues are not substantially different than projected, and most of the anomalies and budget variances can be explained. Expenditure Analysis This expenditure analysis pertains to the expenditure reports, Expenditures by Fund and Expenditures by Fund by Department on pages 7-9. The analysis of the City's expenditures for fiscal year 2019 through June is similar to the analysis for the City's revenues. We generally expect the actual expenditure levels to be around 100% of budget at this time of year. Also, similar to the revenues, not all accruals have been recorded and posted yet. For the majority of the City's funds, their actual expenditures are currently at or below 100% of their budgeted expenditures. The General Fund is at 91.6% and the Debt Service Fund is at 99.1%; however, the Road Use Tax Fund is at 102.3% primarily due to vehicle chargebacks. The same is true for most of the City's enterprise funds; however, the Airport fund finished at 111.3% primarily due to non -contracted improvements and minor equipment purchases. Additionally, the Health Insurance Fund is at 111.6% of budgeted expenditures due to several large claims during the year. Some of the other funds have actual expenditures that well are below the 100% benchmark. Those funds include the HOME Fund (78.0%), the CDBG Fund (69.1%), and the Other Shared Revenues Fund (39.1 %). Also, well below budget are the Governmental Projects Fund (47.5%), and the Enterprise Projects Fund (36.8%). All of these funds contain a great deal of grant and project activity which does not always occur evenly throughout the fiscal year. Unexpended appropriations will be carried forward into the next fiscal year and amended into the fiscal year 2020 budget. The combined total actual expenditures for all budgetary funds through June are $179,796,315 or 74.6% of budget. When the capital project funds and the HOME, CDBG, and Other Shared Revenues funds are removed from the calculation, the actual percentage of expenditures versus budget increases to 91.8%. Overall, the City's expenditures are expected to finish at or below budget and in compliance with State law. Conclusion Generally, there are no major concerns to report with the City's fund balances at year-end; most of the City's fund balances finished the year near expectations or had explainable variances. Four funds, the Community Development Block Grant (CDBG), HOME, Other Shared Revenue and SSMID funds, are presented (on page 3) with negative fund balances at -$58,211, -$8,342, -$11,623 and -$4,118, respectively. These negative fund balances should be reversed following the next receipt of CDBG funds and FEMA funds for Hazard Mitigation. The SSMID fund negative balance will reverse once accrual entries have been made. This year-end report is preliminary and accruals for revenues and expenditure are still outstanding. The City's final financial performance will be available for the start of the fiscal year 2021 budget process in October. Additional information is available from the Finance Department upon request. Budgetary Funds General Fund 10** General Fund Special Revenue Funds 2100 Community Dev Block Grant 2110 HOME 2200 Road Use Tax Fund 2300 Other Shared Revenue 2350 Metro Planning Org of J.C. 2400 Employee Benefits 2500 Affordable Housing Fund 2510 Peninsula Apartments 26** Tax Increment Financing 2820 SSMID-Downtown District Debt Service Fund 5*** Debt Service Enterprise Funds 710* Parking 715* Mass Transit 720* Wastewater 730* Water 7400 Refuse Collection 750* Landfill 7600 Airport 7700 Storm Water 79** Housing Authority Capital Project Funds Governmental Projects Enterprise Projects Total Budgetary Funds Non -Budgetary Funds Internal Service Funds 810* Equipment 8200 Risk Management 830* Information Technology 8400 Central Services 8500 Health Insurance Reserves 8600 Dental Insurance Reserves Total Non -Budgetary Funds Total All Funds City of Iowa City Fund Summary Fiscal Year 2019 through June 30, 2019 Beginning Ending Restricted, Unassigned Fund Year -to -Date Transfers Year -to -Date Transfers Fund Committed, Fund Balance Revenues In Expenditures Out Balance Assianed Balance $ 36,401,765 $ 55,598,361 $14,070,366 $ 55,389,965 $11,961,397 $ 38,719,131 $ 8,997,721 $ 29,721,410 (25,935) 700,724 2,700 628,016 107,684 (58,211) 1,671,941 - (58,211) 191,819 705,761 - 799,452 106,470 (8,342) 2,283,971 (8,342) 3,893,384 8,955,769 451,026 6,678,035 3,283,213 3,338,931 9,351,135 3,338,931 3,968 3,279 - 18,870 - (11,623) (11,623) 262,063 319,278 333,028 618,626 - 295,743 295,743 2,847,078 12,802,124 - 806,781 10,931,231 3,911,190 3,911,190 1,208,851 422,309 1,000,000 995,422 - 1,635,738 1,635,738 166,019 70,805 - 55,633 - 181,192 181,192 1,525,592 2,582,885 175,780 377,472 2,903,769 1,003,017 945,388 57,629 - 393,612 - 397,730 - (4,118) - (4,118) 8,135,315 12,768,447 1,958,773 13,678,214 - 9,184,319 2,230,153 6,954,166 12,222,373 6,490,304 1,021,221 6,505,764 1,705,581 11,522,552 3,790,663 7,731,889 6,159,101 4,843,853 6,563,749 7,415,953 3,235,099 6,915,651 3,777,476 3,138,175 20,759,108 12,614,948 4,207,127 12,616,015 4,991,683 19,973,485 6,245,068 13,728,418 11,938,239 9,530,987 1,827,668 8,319,678 2,967,542 12,009,674 3,634,174 8,375,500 1,281,369 3,491,493 5,499 3,440,787 - 1,337,575 - 1,337,575 26,940,545 6,990,254 1,737,246 6,064,100 4,822,894 24,781,052 22,387,426 2,393,626 216,770 367,258 100,000 397,817 43,264 242,946 100,000 142,946 795,950 1,497,221 1,036 451,277 1,009,000 833,930 - 833,930 7,017,559 10,293,528 106,470 10,002,676 47,949 7,366,931 3,268,537 4,098,394 41,854,944 14,137,644 12,693,808 38,582,511 - 30,103,885 30,103,885 9,623,259 1,514,631 3,539,218 5,555,520 1,275,000 7,846,588 7,846,588 $ 193,419,135 $ 167,095,475 $49,794,715 $ 179,796,315 $49,391,774 $181,121,236 $ 55,376,606 $ 125,744,630 $ 13,604,405 $ 7,300,114 $ (258,485) $ 5,051,384 $ (135,285) $ 15,729,935 $ 13,803,862 $ 1,926,073 3,563,234 1,671,941 - 1,351,299 - 3,883,876 - 3,883,876 2,799,530 2,444,853 (504,734) 2,071,747 (324,993) 2,992,895 708,924 2,283,971 725,692 252,275 176,149 100,000 701,819 - 701,819 11,374,744 8,887,214 9,351,135 - 10,910,823 7,589,740 3,321,083 190,915 411,909 344,357 - 258,467 - 258,467 $ 32,258,521 $ 20,968,305 $ (763,219) $ 18,346,071 $ (360,278) $ 34,477,814 $ 22,102,526 $ 12,375,288 $ 225,677,656 $ 188,063,780 $49,031,496 $ 198,142,386 $49,031,496 $215,599,050 $ 77,479,132 $ 138,119,918 9 City of Iowa City Revenues by Fund Fiscal Year 2019 through June 30, 2019 4 2018 2019 2019 2019 Actual Budget Revised Actual Variance Percent Budgetary Fund Revenues General Fund 10** General Fund $ 51,880,377 $ 53,148,922 $ 55,383,255 $ 55,598,361 $ 215,106 100.4% Special Revenue Funds 2100 Community Dev Block Grant 658,178 906,507 1,218,413 700,724 (517,689) 57.5% 2110 HOME 666,926 534,166 1,012,382 705,761 (306,621) 69.7% 2200 Road Use Tax Fund 8,539,943 8,744,810 8,744,810 8,955,769 210,959 102.4% 2300 Other Shared Revenue 270,089 - 48,260 3,279 (44,981) 6.8% 2350 Metro Planning Org of Johnson Co 320,459 365,748 365,748 319,278 (46,470) 87.3% 2400 Employee Benefits 11,668,231 12,908,880 12,908,880 12,802,124 (106,756) 99.2% 2500 Affordable Housing Fund 415,749 - 404,360 422,309 17,949 104.4% 2510 Peninsula Apartments 73,278 77,510 77,510 70,805 (6,705) 91.4% 26** Tax Increment Financing 2,473,728 2,631,772 2,631,772 2,582,885 (48,887) 98.1% 2820 SSMID-Downtown District 354,385 400,124 400,124 393,612 (6,512) 98.4% Debt Service Fund 5*** Debt Service 13,288,394 12,611,282 12,611,282 12,768,447 157,165 101.2% Enterprise Funds 710* Parking 8,486,558 6,003,966 6,045,966 6,490,304 444,338 107.3% 715* Mass Transit 8,276,309 4,524,070 4,524,070 4,843,853 319,783 107.1% 720* Wastewater 13,115,285 12,636,588 12,636,588 12,614,948 (21,640) 99.8% 730* Water 9,827,060 9,856,522 9,856,522 9,530,987 (325,535) 96.7% 7400 Refuse Collection 3,521,446 3,490,210 3,490,210 3,491,493 1,283 100.0% 750* Landfill 7,028,785 6,929,796 7,019,796 6,990,254 (29,542) 99.6% 7600 Airport 385,582 361,500 361,500 367,258 5,758 101.6% 7700 Storm Water 1,589,311 1,529,350 1,529,350 1,497,221 (32,129) 97.9% 79** Housing Authority 9,620,510 8,921,473 9,511,135 10,293,528 782,393 108.2% Capital Project Funds Governmental Projects 12,981,814 14,023,000 26,801,555 14,137,644 (12,663,911) 52.7% Enterprise Projects 1,919,909 3,056,708 3,620,817 1,514,631 (2,106,186) 41.8% Total Budgetary Revenues $ 167,362,305 $ 163,662,904 $181,204,305 $ 167,095,475 $ (14,108,830) 92.2% Non -Budgetary Fund Revenues Internal Service Funds 810* Equipment $ 6,910,467 $ 6,559,773 $ 6,619,773 $ 7,300,114 $ 680,341 110.3% 8200 Risk Management 1,707,274 1,596,490 1,596,490 1,671,941 75,451 104.7% 830* Information Technology 2,294,690 2,348,876 2,348,876 2,444,853 95,977 104.1% 8400 Central Services 228,890 213,912 213,912 252,275 38,363 117.9% 8500 Health Insurance Reserves 8,401,738 8,700,966 8,700,966 8,887,214 186,248 102.1% 8600 Dental Insurance Reserves 407,695 424,330 424,330 411,909 (12,421) 97.1% Total Non -Budgetary Revenues $ 19,950,754 $ 19,844,347 $ 19,904,347 $ 20,968,305 $ 1,063,958 105.3% Total Revenues - All Funds $ 187,313,059 $ 183,507,251 $ 201,108,652 $ 188,063,780 $ (13,044,872) 93.5% 4 City of Iowa City Revenues by Type Fiscal Year 2019 through June 30, 2019 Charges For Fees And Services: 2018 2019 2019 2019 Building & Development Actual Budget Revised Actual Variance Percent Budgetary Fund Revenues 127,496 56,530 126,530 143,643 17,113 113.5% Property Taxes $ 56,525,799 $ 59,173,825 $ 59,173,825 $ 58,901,749 $ (272,076) 99.5% Other City Taxes: 7,632 10,370 10,370 9,060 (1,310) 87.4% TIF Revenues 2,459,216 2,621,772 2,621,772 2,549,074 (72,698) 97.2% Gas/Electric Excise Taxes 684,299 676,411 676,411 667,713 (8,698) 98.7% Mobile Home Taxes 61,182 65,150 65,150 56,442 (8,708) 86.6% Hotel/Motel Taxes 1,045,696 1,251,720 1,251,720 942,515 (309,205) 75.3% Utility Franchise Tax 976,060 939,400 939,400 964,690 25,290 102.7% Subtotal 5,226,452 5,554,453 5,554,453 5,180,433 (374,020) 93.3% Licenses, Permits, & Fees: 5,933,293 6,168,980 6,168,980 5,775,786 (393,194) 93.6% General Use Permits 71,654 100,920 100,920 86,756 (14,165) 86.0% Food & Liquor Licenses 110,377 111,440 111,440 126,709 15,269 113.7% Professional License 7,605 12,020 12,020 6,150 (5,870) 51.2% Franchise Fees 662,448 512,750 512,750 441,076 (71,674) 86.0% Construction Permits & Insp Fees 1,850,539 1,777,650 1,777,650 2,141,423 363,773 120.5% Misc Lic & Permits 40,881 38,680 38,680 58,608 19,928 151.5% Subtotal 2,743,504 2,553,460 2,553,460 2,860,722 307,262 112.0% Intergovernmental: 890,423 369,620 768,950 396,459 (372,491) 51.6% Fed Intergovernment Revenue 13,152,242 11,664,896 15,373,782 13,180,178 (2,193,604) 85.7% Property Tax Credits 1,554,683 1,727,320 1,727,320 1,559,040 (168,280) 90.3% Road Use Tax 8,426,502 8,672,280 8,672,280 8,820,138 147,858 101.7% State 28E Agreements 2,003,939 1,724,430 1,774,430 2,060,750 286,320 116.1% Operating Grants 73,825 82,690 82,690 69,584 (13,106) 84.2% Disaster Assistance 110,085 - - - - 0.0% Other State Grants 5,483,837 3,094,020 9,131,736 2,179,249 (6,952,487) 23.9% Local 28E Agreements 1,151,557 5,182,453 5,182,453 1,266,621 (3,915,832) 24.4% Subtotal 31,956,672 32,148,089 41,944,691 29,135,560 (12,809,131) 69.5% Charges For Fees And Services: Building & Development 908,376 411,120 888,930 1,217,279 328,349 136.9% Police Services 127,496 56,530 126,530 143,643 17,113 113.5% Animal Care Services 10,775 11,540 11,540 14,922 3,382 129.3% Fire Services 7,632 10,370 10,370 9,060 (1,310) 87.4% Transit Fees 1,226,643 1,261,820 1,261,820 1,220,379 (41,441) 96.7% Culture & Recreation 774,778 790,848 790,848 767,966 (22,882) 97.1% Misc Charges For Services 69,449 79,217 79,217 69,454 (9,763) 87.7% Water Charges 9,475,186 9,743,172 9,743,172 9,112,342 (630,830) 93.5% Wastewater Charges 12,621,036 12,276,650 12,276,650 12,026,097 (250,553) 98.0% Refuse Charges 4,010,218 3,909,630 3,909,630 3,827,862 (81,768) 97.9% Landfill Charges 5,933,293 6,168,980 6,168,980 5,775,786 (393,194) 93.6% Storm Water Charges 1,551,384 1,522,290 1,522,290 1,470,213 (52,077) 96.6% Parking Charges 6,331,040 6,477,470 6,477,470 7,138,739 661,269 110.2% Subtotal 43,047,304 42,719,637 43,267,447 42,793,742 (473,705) 98.9% Miscellaneous: Code Enforcement 232,315 222,633 222,633 278,070 55,437 124.9% Parking Fines 475,356 578,720 578,720 602,260 23,540 104.1% Library Fines & Fees 143,285 154,420 154,420 135,183 (19,237) 87.5% Contributions & Donations 890,423 369,620 768,950 396,459 (372,491) 51.6% Printed Materials 42,374 41,900 41,900 51,279 9,379 122.4% Animal Adoption 12,955 12,020 12,020 45,839 33,819 381.4% Misc Merchandise 55,901 54,770 54,770 57,232 2,462 104.5% Intra -City Charges 3,962,198 4,277,635 4,277,635 4,428,621 150,986 103.5% Other Misc Revenue 908,993 933,261 1,168,897 838,620 (330,277) 71.7% Special Assessments 808 1,090 1,090 94 (996) 8.6% Subtotal $ 6,724,608 $ 6,646,069 $ 7,281,035 $ 6,833,657 $ (447,378) 93.9% City of Iowa City Revenues by Type Fiscal Year 2019 through June 30, 2019 Non -Budgetary Fund Revenues Internal Service Funds $ 19,950,754 $ 19,844,347 $ 19,904,347 $ 20,968,305 $ 1,063,958 105.3% Total Non -Budgetary Revenues $ 19,950,754 $ 19,844,347 $ 19,904,347 $ 20,968,305 $ 1,063,958 105.3% Total Revenues - All Funds $ 187,313,059 $ 183,507,250 $ 201,108,652 $ 188,063,780 $ (13,044,872) 93.5% 6 2018 2019 2019 2019 Actual Budget Revised Actual Variance Percent Use Of Money And Property: Interest Revenues $ 2,879,005 $ 1,071,871 $ 1,373,872 $ 4,198,581 $ 2,824,709 305.6% Rents 1,385,468 1,367,800 1,367,800 1,305,363 (62,437) 95.4% Royalties & Commissions 108,843 136,080 136,080 106,717 (29,363) 78.4% Subtotal 4,373,315 2,575,751 2,877,752 5,610,661 2,732,909 195.0% Other Financial Sources: Debt Sales 12,174,462 10,623,000 14,162,000 12,565,848 (1,596,152) 88.7% Sale Of Assets 3,633,506 703,393 2,920,018 1,586,827 (1,333,191) 54.3% Insurance Recoveries - - 316,898 279,874 (37,024) 0.0% Loans 956,682 965,226 1,152,726 1,346,402 193,676 116.8% Subtotal 16,764,651 12,291,619 18,551,642 15,778,950 (2,772,692) 85.1% Total Budgetary Revenues $ 167,362,305 $ 163,662,903 $ 181,204,305 $ 167,095,475 (14,108,830) 92.2% Non -Budgetary Fund Revenues Internal Service Funds $ 19,950,754 $ 19,844,347 $ 19,904,347 $ 20,968,305 $ 1,063,958 105.3% Total Non -Budgetary Revenues $ 19,950,754 $ 19,844,347 $ 19,904,347 $ 20,968,305 $ 1,063,958 105.3% Total Revenues - All Funds $ 187,313,059 $ 183,507,250 $ 201,108,652 $ 188,063,780 $ (13,044,872) 93.5% 6 City of Iowa City Expenditures by Fund Fiscal Year 2019 through June 30, 2019 Budgetary Fund Expenditures General Fund 10** General Fund Special Revenue Funds 2100 Community Dev Block Grant 2110 HOME 2200 Road Use Tax Fund 2300 Other Shared Revenue 2350 Metro Planning Org of Johnson Co. 2400 Employee Benefits 2500 Affordable Housing Fund 2510 Peninsula Apartments 26** Tax Increment Financing 2820 SSMID-Downtown District Debt Service Fund 5*** Debt Service Enterprise Funds 720* Wastewater 730* Water 7400 Refuse Collection 750* Landfill 7600 Airport 7700 Storm Water 79** Housing Authority Capital Project Funds Governmental Projects Enterprise Projects Total Budgetary Expenditures Non -Budgetary Funds Expenditures Internal Service Funds 810* Equipment 8200 Risk Management 830* Information Technology 8400 Central Services 8500 Health Insurance Reserves 8600 Dental Insurance Reserves Total Non -Budgetary Expenditures Total Expenditures - All Funds 2018 2019 2019 2019 Actual Budget Revised Actual Variance Percent $ 52,714,597 $ 58,159,421 $ 60,448,795 $ 55,389,965 $ 5,058,830 91.6% 592,163 596,507 908,413 628,016 280,397 69.1% 558,825 546,166 1,024,382 799,452 224,930 78.0% 6,059,424 6,165,809 6,526,485 6,678,035 (151,550) 102.3% 333,421 - 48,260 18,870 29,390 39.1% 591,338 708,554 708,554 618,626 89,928 87.3% 967,457 1,283,417 1,283,417 806,781 476,636 62.9% 325,000 750,000 1,000,000 995,422 4,578 99.5% 50,641 59,878 61,118 55,633 5,485 91.0% 392,130 505,193 620,193 377,472 242,721 60.9% 354,385 400,124 400,124 397,730 2,394 99.4% 13,469,600 13,722,450 13,806,387 13,678,214 128,173 99.1% 15,738,755 13,284,732 13,284,732 12,616,015 668,717 95.0% 14,382,141 8,388,774 8,440,774 8,319,678 121,096 98.6% 3,106,776 3,433,507 3,498,007 3,440,787 57,220 98.4% 4,940,648 5,035,196 6,078,392 6,064,100 14,292 99.8% 468,122 357,309 357,309 397,817 (40,508) 111.3% 497,954 537,865 537,865 451,277 86,588 83.9% 9,342,128 10,952,156 11,429,619 10,002,676 1,426,943 87.5% 32,499,396 23,580,970 81,247,520 38,582,511 42,665,009 47.5% 9,353,681 5,040,308 15,088,368 5,555,520 9,532,848 36.8% $ 185,175,387 $ 167,570,307 $241,145,254 $ 179,796,315 $ 61,348,939 74.6% $ 5,041,436 $ 4,468,094 $ 6,263,801 $ 5,051,384 $ 1,212,417 80.6% 1,947,564 1,440,328 1,440,328 1,351,299 89,029 93.8% 2,034,623 2,160,935 2,320,754 2,071,747 249,007 89.3% 188,468 193,387 193,387 176,149 17,238 91.1% 7,848,190 8,381,923 8,381,923 9,351,135 (969,212) 111.6% 364,128 409,442 409,442 344,357 65,085 84.1% $ 17,424,410 $ 17,054,109 $ 19,009,635 $ 18,346,071 $ 663,564 96.5% $ 202,599,797 $ 184,624,416 $260,154,889 $ 198,142,386 $ 62,012,503 76.2% 7 City of Iowa City Expenditures by Fund by Department Fiscal Year 2019 through June 30, 2019 8 2018 2019 2019 2019 Actual Budget Revised Actual Variance Percent Budgetary Funds Expenditures General Fund 10*' General Fund City Council $ 109,461 $ 120,391 $ 120,391 $ 110,580 $ 9,811 91.9% City Clerk 491,517 533,577 570,242 540,893 29,349 94.9% City Attorney 765,417 780,796 780,796 751,266 29,530 96.2% City Manager 3,056,803 4,248,266 4,398,266 3,865,351 532,915 87.9% Finance 3,805,542 4,345,045 4,745,145 3,949,174 795,971 83.2% Police 13,809,546 14,419,896 14,906,648 14,073,224 833,424 94.4% Fire 8,030,716 8,262,751 8,353,847 8,291,495 62,352 99.3% Parks & Recreation 7,993,287 8,826,119 8,891,119 8,188,661 702,458 92.1% Library 6,400,495 6,671,933 6,677,933 6,403,794 274,139 95.9% Senior Center 888,544 974,355 986,855 865,825 121,030 87.7% Neighborhood & Development Services 4,965,448 5,824,548 6,865,809 5,618,506 1,247,303 81.8% Public Works 1,909,621 2,554,182 2,554,182 2,105,423 448,759 82.4% Transportation & Resource Management 488,203 597,562 597,562 625,773 (28,211) 104.7% Total General Fund 52,714,597 58,159,421 60,448,795 55,389,965 5,058,830 91.6% Special Revenue Funds 2100 Community Dev Block Grant Neighborhood & Development Services 592,163 596,507 908,413 628,016 280,397 69.1% 2110 HOME Neighborhood & Development Services 558,825 546,166 1,024,382 799,452 224,930 78.0% 2200 Road Use Tax Fund Public Works 6,059,424 6,165,809 6,526,485 6,678,035 (151,550) 102.3% 2300 Other Shared Revenue Neighborhood & Development Services 333,421 - 48,260 18,870 29,390 39.1% 2350 Metro Planning Org of Johnson Co Neighborhood & Development Services 591,338 708,554 708,554 618,626 89,928 87.3% 2400 Employee Benefits Finance 967,457 1,283,417 1,283,417 806,781 476,636 62.9% 2500 Affordable Housing Fund Neighborhood & Development Services 325,000 750,000 1,000,000 995,422 4,578 99.5% 2510 Peninsula Apartments Neighborhood & Development Services 50,641 59,878 61,118 55,633 5,485 91.0% 26*` Tax Increment Financing Finance 392,130 505,193 620,193 377,472 242,721 60.9% 2820 SSMID-Downtown District Finance 354,385 400,124 400,124 397,730 2,394 99.4% Total Special Revenue Funds 10,224,785 11,015,648 12,580,946 11,376,037 1,204,909 90.4% Debt Service Fund 5'"' Debt Service Finance 13,469,600 13,722,450 13,806,387 13,678,214 128,173 99.1% Total Debt Service Fund 13,469,600 13,722,450 13,806,387 13,678,214 128,173 99.1% 8 City of Iowa City Expenditures by Fund by Department Fiscal Year 2019 through June 30, 2019 Finance 2018 2019 2019 2019 (969,212) 111.6% 8600 Dental Insurance Reserves Actual Budget Revised Actual Variance Percent Enterprise Funds 364,128 409,442 409,442 344,357 65,085 84.1% 710* Parking 17,424,410 17,054,109 19,009,635 18,346,071 663,564 96.5% Transportation & Resource Management $ 6,516,098 $ 6,612,092 $ 6,801,661 $ 6,505,764 $ 295,897 95.6% 715* Mass Transit $ 202,599,797 $ 184,624,416 $260,154,889 $ 198,142,386 $ 62,012,503 76.2% Transportation & Resource Management 11,920,706 7,449,879 7,544,879 7,415,953 128,926 98.3% 720* Wastewater Public Works 15,738,755 13,284,732 13,284,732 12,616,015 668,717 95.0% 730* Water Public Works 14,382,141 8,388,774 8,440,774 8,319,678 121,096 98.6% 7400 Refuse Collection Transportation & Resource Management 3,106,776 3,433,507 3,498,007 3,440,787 57,220 98.4% 750* Landfill Transportation & Resource Management 4,940,648 5,035,196 6,078,392 6,064,100 14,292 99.8% 7600 Airport Airport Operations 468,122 357,309 357,309 397,817 (40,508) 111.3% 7700 Storm Water Public Works 497,954 537,865 537,865 451,277 86,588 83.9% 79** Housing Authority Neighborhood & Development Services 9,342,128 10,952,156 11,429,619 10,002,676 1,426,943 87.5% Total Enterprise Funds 66,913,328 56,051,510 57,973,238 55,214,068 2,759,170 95.2% Capital Project Funds Governmental Projects 32,499,396 23,580,970 81,247,520 38,582,511 42,665,009 47.5% Enterprise Projects 9,353,681 5,040,308 15,088,368 5,555,520 9,532,848 36.8% Total Capital Project Funds 41,853,076 28,621,278 96,335,888 44,138,031 52,197,857 45.8% Total Budgetary Expenditures $ 185,175,387 $ 167,570,307 $241,145,254 $ 179,796,315 $ 61,348,939 74.6% Non -Budgetary Funds Expenditures Internal Service Funds 810* Equipment Public Works $ 5,041,436 $ 4,468,094 $ 6,263,801 $ 5,051,384 $ 1,212,417 80.6% 8200 Risk Management Finance 1,947,564 1,440,328 1,440,328 1,351,299 89,029 93.8% 830* Information Technology Finance 2,034,623 2,160,935 2,320,754 2,071,747 249,007 89.3% 8400 Central Services Finance 188,468 193,387 193,387 176,149 17,238 91.1% 8500 Health Insurance Reserves Finance 7,848,190 8,381,923 8,381,923 9,351,135 (969,212) 111.6% 8600 Dental Insurance Reserves Finance 364,128 409,442 409,442 344,357 65,085 84.1% Total Internal Service Funds 17,424,410 17,054,109 19,009,635 18,346,071 663,564 96.5% Total Non -Budgetary Expenditures $ 17,424,410 $ 17,054,109 $ 19,009,635 $ 18,346,071 $ 663,564 96.5% Total Expenditures - All Funds $ 202,599,797 $ 184,624,416 $260,154,889 $ 198,142,386 $ 62,012,503 76.2% 9 Item Number: 12. +r p- W�rm�M CITY O� IOWA CITY www.icgov.org August 29, 2019 Letter from Iowa City Assessor: Iowa Property Assessment Appeal Board and District Court Notice of Appeal ATTACHMENTS: Description Letter from Iowa City Assessor: Iowa Property Assessment Appeal Board and District Court Notice of Appeal OFFICE OF THE IOWA CITY ASSESSOR JOHNSON COUNTY ADMINISTRATION BUILDING BRAD COMER ASSESSOR MARTY BURKLE CHIEF DEPUTY MARY PAUSTIAN DEPUTY To: Affected Taxing Districts From: Brad Comer, City Assessor Re: Iowa Property Assessment Appeal Board and District Court Notice of Appeal Date: August 26, 2019 Iowa Code Section 441.39 (2018) requires assessors to notify taxing bodies when an assessment of more than $5 million has been appealed to the Iowa Property Assessment Appeal Board (PAAB) or to District Court or when an appeal to PAAB requests a reduction of $100,000 or more. The following properties meet those criteria. Appealed Owner Address Property 2019 Assessed Assessment To Type Value Requested District Walmart Real 919 Highway 1 Court Estate Business West Large Retail $ 14,486,400 Unknown Trust District Court Walgreen Co. g 2214 Muscatine Ave Large Retail g $ 2,306,730 $ 1,254,400 District Hy -Vee Inc. 1720 Waterfront Grocery $ 7,867,000 $ 4,720,200 Court Dr. District Court Hurd Iowa City LLC (Hy -Vee) 1125 N Dodge St. Grocery $ 7,085,910 $ 4,251,546 District Court Hy -Vee Inc. 310 N. 1st Ave Large Retail $ 1,764,020 $ 1,058,412 District Leach Iowa LLC 812 S. 1st Ave Grocery $ 5,700,100 $ 3,420,060 Court (Hy -Vee) PAAB First National Bank 214 E Washington Bank $ 3,475,390 Unknown PAAB First National Bank 04 E Washington 2 Bank $ 4,566,280 $ 3,500,000 PAAB First National Bank 21 S Linn St. Bank $ 2,046,220 $ 1,500,000 913 SOUTH DUBUQUE STREET • IOWA CITY IOWA 52240 TELEPHONE 319-356-6066 Appealed Owner Address Property 2019 Assessed Assessment To ACT Inc. 301 ACT Dr. Type Value Requested PAAB Vesper Iowa City 100 Hawk Ridge Condominium $ 29,430,480 $20,881,500 PAAB LLC Dr. Apartments $ 357,730 PAAB Riverfront Parcel 10-01-327- Land Only $ 54,100 PAAB Crossing Hospitality 255 E Court St. Hotel $ 16,282,500 $ 7,093,956 PAAB Owner LLC Parcel 10-02-401- Land Only $ 570 Riverfront 00 PAAB Crossing 275 E Court St. Office $ 4,243,320 $ 3,303,626 PAAB Hospitality above appealed Condominium $ 40,457,080 $29,265,000 Owner LLC as one unit Riverfront PAAB Crossing 401 S Linn St. Retail $ 1,219,310 $ 637,875 Hospitality Condominium Owner LLC PAAB Wetherby Condos 1956-1960 Condominium $ 6,335,980 $ 4,501,979 South LLC Broadway St Apartments Walden Woods 18 Condo's on Condominium PAAB Towns LLC Mormon Trek & Apartments $ 3,566,830 $ 1,681,265 Walden Rd Crossing Towns 22 Condo's on Condominium PAAB LLC Preston Ln & Ryan Apartments $ 4,329,800 $ 2,693,737 Ct PAAB ACT Inc. 2727 S Scott Blvd Office / Warehouse $ 5,318,260 $ 4,900,000 PAAB ACT Inc. 2100 ACT Circle Office / Warehouse $ 2,350,730 $ 2,054,000 PAAB ACT Inc. 2609 S Scott Blvd. Data Center $ 1,222,440 $ 980,000 PAAB ACT Inc. 2101 ACT Circle Office $ 1,761,080 $ 1,600,000 PAAB ACT Inc. 200 ACT Dr. Office $ 26,421,040 PAAB ACT Inc. 301 ACT Dr. Office $ 9,116,370 PAAB ACT Inc. 101 ACT Dr. Office $ 4,507,270 PAAB ACT Inc. 244 ACT Rd. Warehouse $ 357,730 PAAB ACT Inc. Parcel 10-01-327- Land Only $ 54,100 00 PAAB ACT Inc. Parcel 10-02-401- Land Only $ 570 00 6 Parcels listed Total ACT PAAB ACT Inc. above appealed Main Campus $ 40,457,080 $29,265,000 as one unit The ACT Inc. properties are also appealing their classification in order to become property tax exempt. Item Number: 13. +r p -lot W�rm�M CITY O� IOWA CITY www.icgov.org August 29, 2019 Invite: C -SPAN Bus - Open House Event, September 4 Farmers Market, Chauncey Park Ramp ATTACHMENTS: Description C -S PAN Bus: Open House Event: September Farmers Market: Chauncey Park Ramp Kellie Fruehling From: Phyllis Peters <ppeters@mediacomcc.com> Sent: Thursday, August 29, 2019 12:04 PM To: Kellie Fruehling; Geoff Fruin; Ashley Monroe; Simon Andrew Subject: C -SPAN Bus - open house event in Iowa City, Sept 4 Farmers Mkt, Chauncey Park Ramp Attachments: 2019 C -SPAN Bus Invite (Iowa City)jpg; 2019 C -SPAN Bus Invite (Iowa City).pdf C -SPAN is launching its 2020 Campaign coverage with a 7 -week tour of Battleground states beginning in IOWA . The public is invited to this FREE, fun, open house event. Step on the Bus to see the latest digital media technology, take a SELFIE at the Washington, D.C.-themed station, and meet the C -SPAN Community team. Wednesday, Sept. 4, downtown, 5 pm to 7 pm --bring friends, and please SHARE with others or post on your Facebook site. We hope to see you and thank you with C -SPAN memorabilia. TOUR THE C -SF AM BUSWHAT: Tour C -SPAN'S -bigh-tech, interactive mobile classroom & production studio as C -SPAN kicks off Its AT THE IOWA +CITY' Campaign 202G Battleground States Tour %AJHEN: 'h�ledr}esday+, Sept. 4 — 5:AA Pm to �':M pm FARMER'S MARKET WHERE: Downtown Farmers Market at Chauncey Park Ram !4 �srann o# the Iowa C3ty Paalra & Recreati yin i5e�aartrrrerat 415 fast Wash I ngton St., Iowa City, IAS CmSPAN Phyllis Peters Mediacom, Community Realtions ppeters@mediacomcc.com igin terse# TOUR THE C -SPAN BUS AT THE IOWA CITY FARMER'S MARKET WHAT: Tour C-SPAN's high-tech, interactive mobile classroom & production studio as C -SPAN kicks off its Campaign 2020 Battleground States Tour WHEN: Wednesday, Sept. 4 — 5:00 pm to 7:00 pm WHERE: Downtown Farmers Market at Chauncey Park Ramp A program of the Iowa City Parks & Recreation Department 415 East Washington St., Iowa City, IA CmSPAN CREATED BY CABLE IN 1979 14� POWEREDBYNIedlacom. Item Number: 14. i CITY OE IOWA CITY www.icgov.org August 29, 2019 Human Rights Commission: August 20 ATTACHMENTS: Description Human Right Commission: August 20 Draft Minutes Human Rights Commission City Hall, Helling Conference Room August 20, 2019 Members Present: Jeff Falk, Adil Adams, Noemi Ford, Cathy McGinnis, Jessica Ferdig, Barbara Kutzko, Jonathon Munoz, Bijou Maliabo, Tahuanty Pena. Staff Present: Stefanie Bowers. Recommendation to Council: No. rdgr: The meeting was called to order at 5:34 PM. Approval of the June 18, 2019 meeting minutes: Falk made a motion, it was seconded by McGinnis. Motion passed 9-0. Approval of the July 16, 2019 meeting minutes: Munoz made a motion, it was seconded by Ferdig. Motion passed 8-0. (Penia abstained as he was not in attendance at that meeting date). Johnson County Americans with Disabilities Act Celebration: Falk represented the Commission at the annual event. He noted that event speakers reported it was good turnout compared to prior years. Latino Festival: This event will be held on August 24 from noon to nine on the Ped Mall. Ferdig and Ford will staff a vendor table on behalf of the Commission. Committee Updates: There are four committees that assist in advancing the strategic plan. The four committees are Housing (*Falk, Adams, Pena); Public Safety (*McGinnis, Maliabo, Munoz); Education (*Ferdig, Falk, Kutzko, Pena); and Community Outreach (*Adams, Falk, Munoz). Asterisks designates chairs of the committees. Housing: No report. Public Safety: No report. Education: No large update. Community Outreach: No report. Climate Crisis: Staff briefly mentioned the Climate Crisis declared by the City Council and spoke of ways the Commission could assist. Commissioners Munoz, Pena, Ford, Ferdig, Kutzko, and McGinnis opted out of receiving mailed hardcopy packets. Page 1 National Hispanic Heritage Month: Ferdig will accept the proclamation on behalf of the Commission at the City Council meeting of September 17. Human Rights Breakfast: This annual award ceremony is scheduled for October 23. Dr. Melissa Shivers, University of Iowa's Vice President for Student Life will be the keynote speaker. Nominations are currently being accepted for honorees. At the next Commission meeting the subcommittee to select recipients will be formed as well as role assignments for the ceremony. Commission Announcements: Falk reminded Commissioners of their strategic plan done in 2018 and asked for the Commission as a group to review it in the near future. Adams family returned from the Sudan after visiting for summer months. He is very happy to have them back. Ford mentioned that a mental health clinic, Iowa Refugee Counseling Center, recently opened in the same location as Iowa City Compassion. Adjournment: Motion to adjourn at 6:14 PM. Page 2 Member Attendance Sheet Member Term 1/8 1/24 2/19 3/19 4/16 5/21 6/18 7/03 7/16 8/20 9/17 Maliabo 1/2021 Present Present Present Present Present Present Present Present Excused Present McGinnis 1/2021 Present Present Present Present Present Present Present Present Present Present Munoz 1/2021 Excused Present Present Present Present Present Present Excused Excused Present Kutzko 1/2020 Present Present Present Present Present I Excused Excused Present Present Present Falk 1/2020 Present Present Present Present Present Present Present Present Present Present Pena 1/2020 Present Present Excused Present Present Present Present Present Excused Present Adams 1/2022 Excused Present Present Present Present Absent Present Excused Present Present Ferdi 1/2022 Present Present Present Present Present Present Present Present Present Present Ford 1/2022 Present Excused I Present Excused Present Present Present I Excused Present JPresent Item Number: 15. Awl Q- CITY OE IOWA CITY www.icgov.org August 29, 2019 Human Rights Commission: August 22 ATTACHMENTS: Description Human Right Commission: August 22 Page 1 of 4 Draft Minutes Human Rights Commission City Hall, Helling Conference August 22, 2019 Members Present: Jeff Falk, Cathy McGinnis, Bijou Maliabo, Jessica Ferdig, Barbara Kutzko, Tahuanty Pena. Members Absent: Adil Adams, Noemi Ford, JonathonMunoz Staff Present: Stefanie Bowers. Recommendation to Council: Yes. The Human Rights Commission makes the following recommendation to City Council for the Social Justice Racial Equity Grant for fiscal year 2020. Call to Order: The meeting was called to order at 5:36 PM. Social Justice and Racial Equity Granit: The Commission followed up from its discussion of July 3 on the recommendations for changes/updates to the Social Justice and Racial Equity Grant (SJRE) for fiscal year 2020. The recommendations are as follows: 1. Governments, public schools, colleges and universities should not be a primary applicant. Like City departments, governments, public colleges, universities and public schools receive money from federal, state and local tax collections. Such institutions should not compete with local nonprofits for limited City funding. If a government, public school, college or university have a project that they would like to initiate it should be submitted as a part of their annual budget process. This would not restrict a government, public school, college or university from being a non- primary applicant to a grant. This also would not prevent an organization associated or affiliated with a government, public school, college or university from applying as a primary applicant. For example, a student association or a parent teacher organization. 2. Ineligibility periods should be placed on organizations that have received prior SJRE grant funding. Starting with fiscal year 2020, organizations that receive SJRE grant funding will be ineligible to receive SJRE grant funding in the next SJRE grant cycle. For example, if organization "A" receives funding in the SJRE grant FY20 cycle, it would not be considered for funding prior to the FY22 grant cycle. This would be true even if it is a new or different project than had be funded in FY20. 3. Whether an organization has received or will receive funding from the City of Iowa City should be considered when making recommendations as to who should be funded. Starting with fiscal year 2020, commissioners should factor into its consideration, when making a recommendation to the City Council as to who should be Page 2 of 4 funded, whether an organization has received funding for any project from the City of Iowa City within the last five years, and if so, the amount of the funding, and the duration of the funding. 4. There should be a maximum amount requested by each proposal. Starting with fiscal year 2020, organizations will be restricted to requesting no more than $25,000 for a project. 5. Applicants should be strongly encouraged to attend an open house informational session on the grant that will be presented by commission members. The informational session will be an opportunity to learn about the grant, the process, and how commission members evaluate and rank the applications. The event will be held in the month of November prior to the application period which runs from December 6 — January 2. 6. The application form should state in its opening introduction that the intent and purpose of the SJRE grant is to service and benefit Iowa Citians as much as reasonably possible. 7. The application should provide in its opening introduction a definition of social justice and racial equity to serve as guides for both commissioners and applicants. The proposed definition is a merger of two definitions taken from the Adams, Bell and Griffin (2007) book Teaching for Diversity and Social Justice and the Greater Milwaukee Foundation. For purposes of this grant the Commission would use the below definition to evaluate each application based on the six identified priority areas —housing, building community, employment, criminal justice, education, health. Social justice and racial equity are both a process and a goal. The goal is full and equal participation of all groups and individuals in a society that is mutually shaped to meet their needs, allow them to reach their full potential, and limit/decrease barriers. This definition includes a vision of society that is equitable, and where all members are physically and psychologically safe and secure. 8. The application should ask applicants to provide a narrative about how the proposed project came to be. The narrative could be descriptive or based on city or statewide statistics. This would be added prior to the question that asks What community need does this program, service or activity fulfill? Response should include information or data that demonstrates the need (local or statewide data). 9. The application should ask whether a sustainability plan has been established for projects that wish to continue in the future without SJRE grant funding. The sustainability plan must be specific on future funding and not simply state the agency will continue to look for support. A sustainability plan is not required for projects to be recommended for funding and is only applicable for projects that plan on continuing after the SJRE cycle ends. Page 3 of 4 10. The application should ask how the good or service produced as a result of a project will be shared and/or communicated with the targeted community and the larger community. This question would replace How will these outcomes be shared beyond your organization with the community? 11. Recipients of the SJRE grant after completion of the grant cycle must as a part of the agreement present to the commission and the community at a commission sponsored forum on their project. The project presentation would include project summary, objectives, results, and evaluation. 12. SJRE grant funding should be available for some operational expenses. Operational costs should be defined as below and grant recipients would be allowed to use up to 25% of its funding request on operational costs. Operational Costs: expenses which are related to the operation of a business, or to the operation of a device, component, piece of equipment or facility. They are the cost of resources used by an organization just to maintain its existence. Examples Include but are not limited to: salaries or wages of personnel, advertising, raw materials, license or equivalent fees (such as Corporation yearly registration fees) imposed by a government, real estate expenses (like rent or lease payments), furniture and equipment, utilities (such as telephone service, internet connectivity, etc.), maintenance of equipment, office supplies and consumables, and insurance premiums. 13. After applications have been received but prior to the recommendation to City Council, commissioners may submit questions to applicants via staff. These questions along with the response will be shared with all commissioners and published to the public. 14. To keep within the spirit of the grant final rankings should serve different populations. A statement should be given at the open house informational session and at the Human Rights Commission meeting when allocations are being recommended so stating. 15. Partial funding may be given to the next highest ranked applicant, if it is clearly stated that the project may continue with less funds. Adjournment: Motion to adjourn at 7:44 PM. Page 4 of 4 Member Attendance Sheet Member Ter m 1/8 1/24 2/19 3/19 4/16 5/21 6/18 7/03 7/16 8/20 8122 Maliabo 1/202 Present Present Present Present Present Present Present Present Excused Present Present McGinnis 1/202 Present Present Present Present Present Present Present Present Present Present Present Munoz 1/202 Excused Present Present Present Present Present Present Excused Excused Present Excused Kutzko 1/202 Present Present Present Present Present Excused Excused Present Present lPresent Present Falk 1/202 Present Present Present Present Present Present Present Present Present Present Present Pena 1/202 Present Present Excused Present Present Present Present Present Excused Present Present Adams 1/202 Excused Present Present Present Present Absent Present Excused Present Present Excused Ferdi 1/202 Present Present Present Present Present Present Present Present PresentPresent Present Ford 1/202 1 Present Excused I Present I Excused I Present Present I Presentl Excused Present Present lExcused KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member Item Number: 16. Awl Q- CITY OE IOWA CITY www.icgov.org August 29, 2019 Housing and Community Development Commission: August 15 ATTACHMENTS: Description Housing and Community Development Commission: August 15 MINUTES PRELIMINARY HOUSING AND COMMUNITY DEVELOPMENT COMMISSION AUGUST 15, 2019 — 6:30 PM SENIOR CENTER, ROOM 202 MEMBERS PRESENT: Peggy Aguilar, Megan Alter, Matt Drabek, Charlie Eastham, Vanessa Fixmer-Oraiz, Lyn Dee Kealey, Peter Nkumu, Maria Padron MEMBERS ABSENT: John McKinstry STAFF PRESENT: Kirk Lehmann, Tracy Hightshoe OTHERS PRESENT: Ellen McCabe, Sara Barron RECOMMENDATIONS TO CITY COUNCIL: By a vote of 6-2 (Fixmer-Oraiz and Drabek dissenting) the Commission recommends to City Council the Tax Exemption Memo dated May 24, 2019 on the condition that the income of beneficiaries be reduced from 60% of the Area Median Income to 40% of the Area Median Income. By a vote of 7-0 (Nkumu absent) the Commission recommends to City Council support for allocating City LIHTC funding to the Housing Trust Fund of Johnson County, subject to additional discussion with the Housing Trust Fund regarding the parameters of how they would allocate funds with the goal of lowering rents as far as possible for as many households as possible. CALL MEETING TO ORDER: Padron called the meeting to order at 6:30 PM. APPROVAL OF THE JULY 11, 2019 MINUTES: Kealey moved to approve the minutes of July 11, 2019. Nkumu seconded. A vote was taken and the motion passed 6-0. (Fixmer-Oraiz and Alter absent) PUBLIC COMMENT FOR TOPICS NOT ON THE AGENDA: None. WELCOME NEW HCDC MEMBERS AND INTRODUCTORY PRESENTATION: Lehmann had the new members introduce themselves. Lyn Dee Kealey introduced herself noting she moved back to Iowa City in 2006 and she is a social worker at the University of Iowa Hospitals on the burn trauma unit for 24 years. She is interested in affordable housing and wants to work on the Commission to learn and see what can be provided for the community. Peggy Aguilar moved from Iowa City from Des Moines in 2016, while she was in Des Moines for 13 years she was the director of family services with Habitat for Humanity, so affordable housing has been in her Housing and Community Development Commission August 15, 2019 Page 2 of 10 veins for a long time and wants the opportunity to see how she can use her knowledge and skills to help make Iowa City a better place for residents. Matt Drabek moved to Iowa City in 2007 for graduate school, graduated in 2012 and never left. He is interested in housing, he is a founding board member of a group called The Iowa City Tenants Union and did some similar work for a different group 8 or 9 years ago. Lehmann did a presentation on the role of the Commission. Lehmann works with grants that benefit low and moderate income households for public services, public facilities, etc. He works mostly with nonprofits but also some small development portion of business loans for low and moderate income individuals. They also do the housing rehab out of the Community Development Division and that includes a number of different funding sources, they also do the UniverCity program which purchases home near downtown, do rehabs and sell them. In Neighborhood Services, the umbrella division Lehmann works under, there is the Housing Authority, housing inspections, rental inspections and neighborhood outreach. Important terms: HUD: Department of Housing and Urban Development CDBG/HOME: Community Development Block Grant/HOME, the two primary grant programs for the City AMI: Area medium income LMI: Low/moderate income FMR: Fair Market Rent LIHTC: Low Income Housing Tax Credit Housing Trust Fund of Johnson County: a nonprofit that allocates affordable housing funds In terms of CDBG it has been around for a long time now and Iowa City has been receiving funds almost since the beginning. The goals of CDBG are providing safe, decent and sanitary housing, a suitable living environment and also expanding economic opportunities. Properties must meet a national objective, which for most cases means it benefits LMI households or individuals. Some funds can be used to eliminate slum and blight and some may be used to meet an urgent need. CDBG can be used for funding public services, facilities, economic development, and it can support housing but cannot develop new affordable housing. So that is where HOME comes in, which is one of the biggest source of federal funds for affordable housing to produce affordable housing. The HOME program has been around since 1990, the City also receives and annual allocation of HOME funds which can be used for construction of new housing, acquisitions, direct assistance to tenants and owners, etc. It has income requirements depending on the size of the project and complexity and type of the project. Both CDBG and HOME, if used to support housing, have fair market rents that the projects have to abide by. To allocate funds every year the City follows the consolidated plan, a five-year plan, that identifies the greatest needs for LMI households in the area, how the City can meet those needs and what are the exact projects to do to meet those needs. The consolidated plan guides CDBG/HOME investment, helps set priorities, and staff is currently working on the new consolidated plan right now and hope to have a draft done by December. Within the 5 -year consolidated plan are annual action plans. Each year these plans lay out the specific set of activities that will be funded. At the end of each year the City submits an annual consolidated plan report (CAPER) to show if they are meeting the needs as identified. Other documents of note: Analysis of impediments to fair housing choice - also known as the Fair Housing Choice Study Citizen participation Plan, how the City uses citizen input and how it is reflected in all plans and actions by the City As a general overview, Lehmann noted the City's fiscal year starts July 1 and the first thing the Commission will be doing in September will be reviewing last year's activities and outcomes in the CAPER. Next will be the Aid to Agencies funding process, which is how the City allocates public service dollars. Applications are open in August or September and the Commission will make their recommendations to Council in January. The annual CDBG/HOME funding round, for public facilities and affordable housing projects, is paired with an Emerging Aid to Agencies funding round, for newer service Housing and Community Development Commission August 15, 2019 Page 3 of 10 agencies that need help getting off the ground or for those that hadn't received funding in the past, and applications open in December and the Commission recommends their allocations in March. The Consolidated and Annual Plans must be completed by,May. The fiscal year ends June 30. Funding for FY20 will be approximately $659,000 in CDBG and $483,000 in HOME. Those are the primary federal sources of funding, and are the majority of the funding for services and affordable housing. There are also local funds the City uses. The Affordable Housing Fund gets split out for different uses, for FY20 the City allocated $1 million; part of that goes to The Housing Trust Fund of Johnson County, part goes to LIHTC projects that leverage dollars from the State, some will go towards housing security funds (rental deposits and a landlord risk mitigation fund to help people who have had barriers finding housing before), $75,000 goes into an opportunity fund, $75,000 for healthy homes (bridging health and housing), $50,000 is set aside for emergent situations. Finally there are some funds for land banking for future affordable housing, local Aid to Agencies funds ($555,000), GRIP, the UniverCity program, and The Housing Authority. Lehmann noted this year they will use federal dollars for public services, renovating facilities for nonprofits, neighborhood improvements to parks in LMI areas, housing rehab and other housing programs (acquisitions, buyer assistance, rental rehab), economic development for small business loans and assistance for LMI businesses. Lehmann mentioned income limits that come with federal dollars, and those are used for all the programs depending on how they decide to split them out on any given project and depending on what project outcomes they would like to see. Income limits are based on household size, currently a low income household of four makes $75,000; 30% of the median income is roughly the poverty line. Typically the City prefers to fund lower income households if they can but it depends on the situation. Rent limits are based on fair market rent and currently a fair market rent for a two-bedroom is $902/month and for a three bedroom $1,304/month. HUD also determines modest house prices for home buyer programs, currently the limit is $244,000 for both existing and new homes. Fixmer-Oraiz asked about the opportunity fund. Lehmann stated it is used to fund situations as they arise. There used to be an allocation for land banking; currently the City has around $640,000 in that fund but the opportunities for land are not coming forth so the City is looking for other opportunities to best use those funds as well. Fixmer-Oraiz asked the difference from opportunity fund and emergent funds. Hightshoe explained emergent funds have been used with residents are displaced from their rentals due to new company allocations, etc. (Rose Oaks, Hawkeye Court). Eastham asked what is the greatest need for housing in the community, where do the highest cost burdens lie and with which income groups. Lehmann said there is generally higher cost burden in lower income groups, typically renter families. For example in the less than 30% AMI right now there are 6700 renter households and for less than 50% AMI owner households are around 2000 currently. Eastham asked about the 6700 renter households and what percentage were student households versus nonstudent. Lehmann said that is challenging to figure out, but looking at poverty rates, and you remove students from Iowa City's population, the poverty rate for Iowa City is approximately what it is for other Iowa cities which is around 11%, so he would guess most of the renter households are students. Eastham noted the census bureau classifies by household type which can separate student versus nonstudent households. Lehmann said if they look at rental households by rental type nonfamily (which would generally be students) is 5000 so that is most of the 6700 but there are some of those 5000 that may not be students. Lehmann noted he prefers to use the poverty rate for students for that reason. Nkumu asked what microloans are used for. Lehmann stated those funds can be applied for by LMI businesses, generally it is microenterprises with less than five employees and as long as half those folks are LMI, it qualifies as an LMI microbusiness. Funds help them start a business. Nkumu asked if it was a grant or a loan they have to pay back. Lehmann stated it is a loan they must pay back. Hightshoe noted the loans are through MidwestOne bank, the City just guarantees the funds. Lehmann noted that helps the business establish a commercial line of credit. Nkumu asked what the maximum amount of loan one can apply for. Lehman replied $10,000 for a single loan. Housing and Community Development Commission August 15, 2019 Page 4 of 10 REVIEW AND CONSIDER RECOMMENDATION TO CITY COUNCIL ON THE TAX EXEMPTION MEMO DATED MAY 24,2019: Hightshoe stated in June 2016 Council adopted an action plan for affordable housing which included 15 different strategies to encourage affordable housing. The memo in the Commission packet discussed the 15 steps and progress to this point. One of the steps Council wants the Commission to review is using a tax exemption policy to encourage the development of new affordable housing. A committee was formed to discuss what it would take for a private developer to construct housing where some of it is affordable for up to 10 years, the maximum allowed by State Code. The committee consisted of City employees from legal, finance, city manager's office, and neighborhood services. From outside the City, there were two developers, an appraiser, a realtor and two lenders. The developers stated for a private developer to do affordable housing they do not want a negotiation process, they want to know the parameters from the get-go. Based on that the committee settled upon a 40% exemption of property taxes for a development for a 10 years. In return, the developers felt that would be a sufficient motivation for them to provide at least 15% of the units in the development as affordable. Affordable was defined as the maximum rent a household at 40% of median income could afford minus the estimated utility allowance for tenant who paid utilities. Based on HUD's income limits effective 6/1/2018 and estimated utility allowances, this would be $805 for a three- bedroom, and $683 for a two- and $578 for a one-bedroom. Drabek asked if the committee did an estimate on what the real rent would be, taking the rent price of $578 plus the 40% tax savings, does that equal the market rental rate. Hightshoe said they did, market rates on new construction rentals are expensive, a one-bedroom in new construction would likely be $900 to $1000 rents. Eastham asked what the difference is between the rent reduction above the market level and the amount of money received as a tax exemption. Hightshoe did not have the analysis with her, the goal was for the developer to have a 10% rate of return but to do that they would have to forgive 90% of the taxes on the whole development. The developers said they were more worried about vacancy so they just wanted a tax exemption for the amount they were losing in rent. Developers noted there was no tax exemption process that would make this viable for downtown because of the rents they can get in the downtown. Hightshoe noted a developer may request different terms than the ones outlined in the memo, however before granting a tax exemption, the City would consider the capacity of the developer/project manager to administer the program, including income certification of households and annual reporting requirements, the number of affordable units proposed in the development, the household income level targeted and the proposed rents for the affordable units as compared to the market rate units. Alter asked about the concern about placing additional affordable housing units in areas the City's Affordable Housing Location Model (AHLM), so geographically speaking what areas are available for this type of application. Lehmann said generally the south and east parts of town would not be allowed under the AHLM. Hightshoe added that because this tax exemption provides a mix of market and affordable units, the AHLM would not apply. Alter asked how it fits into transportation lines and Hightshoe said it wasn't a part of the discussion. Eastham suggested the maximum income limit be changed, which is currently 60% of the area median income, and changing that wouldn't change the financial calculations of the developer, so he suggests 60% is too high. Hightshoe acknowledged the committee discussed 60% being high, however anyone under that amount is also eligible. Sara Barron (Johnson County Affordable Housing Coalition) encouraged the Commission to think about the fact that every time they start an affordable housing program it is dollars allocated to a specific type of housing, in this case new construction. One thing staff pointed out in their most recent memo to Council about the allocation of the affordable housing fund is that new construction is one of the most expensive ways to create affordable housing and existing housing can make more economic sense to be converted into affordability. She stated the Commission can evaluate this proposal and its merits based on cost and who may be eligible but she encourages them to think more broadly about this being an investment of City resources into creating affordable housing for a 10 year period in new construction where it is more Housing and Community Development Commission August 15, 2019 Page 5 of 10 expensive to find units. So it is not just the individual variables of this proposal but how this proposal fits in overall toolkit of making more housing, with better variety, more available to more people in more areas. Fixmer-Oraiz noted the 10 year time frame; why was it set at 10 years? Hightshoe added that is the maximum allowed by State Code, it can be set for less than 10 years but not for more. Padron asked if the rent would stay the same for the 10 years. Hightshoe said it will always be based on HUDs rates so it would probably increase slightly each year. Padron also asked where the 15% amount came from. Hightshoe said the committee discussed and chose to try to match the tax increment finance policy which is at 15%. Additionally the reason they didn't feel the AHLM should apply is because the committee felt like the whole city should be eligible, so when talking about mixed developments and trying to get every development to have a percentage of affordable housing they liked the 15% but wanted no more than 20% so they could have the mixed income. Also because of the AHLM and the concern about concentrating affordable housing in certain developments is why they wanted this incentive to be city- wide, unless other funds subject to the AHLM should be used as well. Fixmer-Oraiz asked about the annual recertification of the tenants. Hightshoe said the developers would have to do that or they could hire a nonprofit to do it but each year when they issue new leases they would have to verify income of the tenant and make sure the tenant is eligible. If the tenant's income goes over the threshold, then that unit is no longer considered affordable and the next unit that becomes available the developer has to rent as an affordable unit. Alter noted that doing the income review disincentivizes one from making a better income because they must have housing and some stability. Hightshoe said that is standard in all HUD and State programs. She also noted that if the income threshold is 60% but then goes up, it is not considered non -affordable until the income is at 80% so it would need to be a drastic income change. Kealey asked if the tax exemption goes away after 10 years do the units have to remain affordable after the 10 years. Hightshoe confirmed they do not, they can then be rented at any rate after the 10 years. Eastham asked if they had a median income table available and asked what 60% of the median income for a three person household. Lehmann said it would be $51,720 and that a two bedroom unit would be around 16% of income. Eastham would like the Commission to lower the maximum income to at least 50% or 40% of median income. Alter feels this program is a short-term idea, at year 10 that tenant has to move and the problem starts over. She noted it is short -sided in the scope of the long-term problem. Nkumu acknowledged that 10 years does go quickly but feels this solution is better than nothing and what is the alternative if there is not this plan. Hightshoe admitted she struggles with the 10 year problem, it is also the same in the Riverfront Crossings affordable housing requirement, it is only 10 years as well. The catch is developers will not provide affordable housing without the subsidy. Drabek noted the 10 year limit is a limit of public subsidy of private development, it does not apply to any program the City runs such as The Housing Authority. Sara Barron (Johnson County Affordable Housing Coalition) noted other options are to acquire units that have already been built and either they become part of the public housing program or a nonprofit housing provider, so after the 10 years those units would not go away as in this case of new construction with tax exemptions. The tradeoff is if The Housing Fellowship were to buy a building tomorrow that was built 30 years ago and added it to their inventory they would not be interested in raising rents to the market rent. Lehmann noted in the HOME program if it is less than $15,000 it is a five year period of affordability, if it is up to $40,000 it is a 10 year, if more than that it is 15 year and new construction is 20 years. So the way Housing and Community Development Commission August 15, 2019 Page 6 of 10 a lot of affordable housing funders talk about it is the turnover number of units; 10 years is an expected annual 10% of units would turnover every year out of affordability. Eastham agrees it is a handicap approach, but the terms of affordable housing, such as in Riverfront Crossings, can be atrocious. He is more interested in trying to reduce the maximum income, 60% of median household incomes are paying 17% of their income for this rent whereas a $30,000 income household would be paying close to 30% of their income. He suggests lowering the 60% down to 40%. Lehmann noted that if it is lowered to 40% then everyone in those units would be cost burdened by definition. Eastham said then to lower the maximum to the cost burden. Hightshoe also noted it has to be easy to explain to a developer, they don't understand by looking at the income table. Eastham feels a developer would just need to look at what the maximum income is for occupants of these units. Hightshoe also added they looked at affordable homeownership and with the Iowa City market and the housing prices a tax exemption alone would not encourage somebody to bring it down. It also was not feasible with rehabs, the rehab would have to raise the assessment significantly to adjust for the tax exemption. Fixmer-Oraiz asked if during the conversations within the committee, did the developers appear interested in pursuing this exemption. Hightshoe said the developers thought it would be viable and something to look at if they saw vacancies increase. If approved by Council, there still may never be a single application for a project. Eastham said it would also be prudent for the City to make sure if this subsidy is worth it — what the net loss or gain would be for this tax exemption. Hightshoe said those numbers were looked at and studied for this proposal. Eastham moved to recommend to City Council the Tax Exemption Memo dated May 24, 2019 on the condition that the income of beneficiaries be reduced from 60% of the Area Median Income to 40% of the Area Median Income. Aguilar seconded. A vote was taken and the motion passed 6-2 (Fixmer-Oraiz and Drabek dissenting). Hightshoe asked the reason for the dissent so it could be documented. Fixmer,-Oraiz noted it did not seem like a long enough period for affordable housing to justify the exemption. Drabek agreed. REVIEW AND CONSIDER RECOMMENDATION TO CITY COUNCIL ON ALLOCATING CITY LIHTC FUNDING TO THE HOUSING TRUST FUND OF JOHNSON COUNTY (HTFJC): Hightshoe stated when Council asked staff to develop the 15 -step action plan for affordable housing, they requested it be regularly reviewed and updated. Staff went through a comprehensive analysis looking at the plan and made several additional recommendations for Council. Council wanted input regarding both the tax exemption committee and two other items listed in the memo. One was altering the scoring criteria for CDBG/HOME, which the Commission does every year, and staff's recommendation is to give a higher score to projects that reduce the rent further than just fair market rent because in staff analysis there are areas where rent is lower than fair market rent. In those cases, subsidizing someone for the same unit at the same price the private market is already producing in that neighborhood may not make sense. The second item is regarding the Housing Trust Fund of Johnson County (HTFJC). Right now, the City provides 50% of Affordable Housing Fund dollars to HTFJC to allocate. Many LIHTC projects (the fund also reserves 20% for LIHTC projects), are being funded by both the City and HTFJC. A couple years ago the City combined their application process, but some projects are being funded by both and it is difficult when an amendment comes back because it comes to two different parties. As such, staff thinks there may also be efficiency in just having one entity review and to avoid conflicting reviews. Also, if HTFJC administered all the funds, the City could remove them from the Aid to Agencies pot of money and they wouldn't be competing with other agencies, instead being funded by a 5% administrative fee to build their capacity and have a reliable source of funds for administrative expenses. If HTFJC took on the LIHTC process, there would be another 5% they could also for administration. Hightshoe also noted if the City funds the same projects as the HTFJC, there is duplication of efforts in monitoring. Housing and Community Development Commission August 15, 2019 Page 7 of 10 Ellen McCabe (The Housing Trust Fund of Johnson County) said they have heard they don't know what the point system will be for scoring this year and this past year there were no extra points based -on where the funds came from, which was a departure from the past. They are waiting for the LIHTC scoring process to be released. Hightshoe said staff recommendation was to have the set aside and administered through HTFJC and if the scoring criteria is released and there is higher scoring for city contribution the City will take back those funds to try to improve the chances of LIHTC developers in our community of getting funded. If it doesn't matter or HTFJC doesn't get additional points it made sense just to have one entity review the projects. The HTFJC Board is also made up of people who only review housing projects so they have experience in reviewing housing projects. Padron asked if the Commission could do the same thing with other agencies, just give them direct money every year. Lehmann said what they are recommending for HTFJC is similar to what the federal government does for the City, the City gets funds and are told some amount of it can be used for administrative costs, but the allocation of funds every year is not the same and a certain amount of dollars is never guaranteed. Padron misunderstood and thought this was money that would come away from the Aid to Agencies (A2A) funding and Hightshoe explained HTFJC separately administers hundreds of thousands of dollars for the City but cannot access any for administrative expenses, so they must apply through the A2A process for administrative funds. This will fund them without them applying for administrative funds. Padron asked if there would be more money in the Aid to Agency funds to distribute to others then and Hightshoe confirmed that was correct. Ellen McCabe (The Housing Trust Fund of Johnson County) requested this be considered as a project based fee with the caveat that if this fell apart and the City decided to no longer give funding to HTFJC that they would have five years to apply back and be considered a legacy agency. Hightshoe stated this year the Commission allocated HTFJC $30,000 in A2A and the City would want to make sure they continue to get that $30,000 so if their Affordable Housing Fund contribution was only $25,000, then the City would give HTFJC another $5,000 from Aid to Agencies to make up the difference. Eastham supports this idea and feels it is a good step on staff's direction. He wants to talk about establishing guidelines that will further lower rents for projects with City funds. On page 23 of the packet, this memo's recommendation #2 regarding altering preference in scoring criteria, the staff proposes a good thing which is to give a higher preference to CDBG/HOME projects that have rents lower than the HUD maximum rent. However Eastham does not think the standard should be projects lower than HUD maximum rent but rather projects that reach some percentage of the average housing contribution to their rental costs. Eastham reiterated his goal in life is to eliminate housing cost burdens. Ellen McCabe (The Housing Trust Fund of Johnson County) stated she cannot speak for The HTFJC Board of Directors but her instinct would be for the City to give them the money and tell them the parameters, not for them to decide. Eastham said every entity gets money with guidelines attached to it. McCabe said they would take their normal process and work with the funding they have with a LITHC developer and then follow the guidelines the City has attached to that funding. Eastham stated a sensible rent target for subsidized units, new construction or acquisition, is some high percentage of the average rent paid by the housing choice voucher system. That group of people have the lowest incomes and are receiving assistance, their average rent payment is standard, so rents should be set at their level to not put them in a cost burden. Sara Barron (Johnson County Affordable Housing Coalition) asked what happens to the money after it is granted to the developer because part of this is what happens longer term with the money too. How does that money come back into the affordable housing dollars. If the money is a loan it comes back to the City to fund additional housing projects. Ellen McCabe (The Housing Trust Fund of Johnson County) agrees, if the City is giving HTFJC money as a grant or loan. Eastham said to get lower rents is has to be a grant. McCabe noted HTFJC has Housing and Community Development Commission August 15, 2019 Page 8 of 10 received loans in the past they have had to pay back to the City. Hightshoe explained to new members that a LIHTC project is a 30 year period of affordability. McCabe added it can be up to 60% AMI as well. Eastham said it can be 60% of AMI but it could also be lower. Fixmer-Oraiz moved to recommend to City Council support for allocating City LIHTC funding to The Housing Trust Fund of Johnson County, subject to additional discussion with the Housing Trust Fund regarding the parameters of how they would allocate funds with the goal of lowering rents as far as possible for as many households as possible. Eastham seconded. A vote was taken and the motion passed 7-0 (Nkumu absent). REVIEW AND CONSIDER RECOMMENDATION TO CITY COUNCIL ON APPROVAL OF THE FINALIZED 2019 FAIR HOUSING CHOICE STUDY (ANALYSIS OF IMPEDIMENTS TO FAIR Lehmann noted this is just returning to the Commission with changes that were discussed by HCDC, also legal reviewed the document as laid out in in the memo in their packet. This will be presented to Council at the August 20 meeting. Lehmann noted Stephanie from Human Rights was going to present on fair housing enforcement processes but because the recommendation in the plan is to have her do a training for all Boards and Commissions, they decided to wait to combine efforts for that later in the year, especially as a full presentation is expected to take one and a half hours. Lehmann noted McKinstry had brought up during the public comment portion of the discussion mobile home housing and Lehmann added that in the study as an HCDC recommendation. That change specifically is discussed on page 178 of the plan, under education and outreach Strategy 1: Improve Demand -Size Awareness. "The demand side of the housing market includes tenants, homeowners, borrowers, mobile home park residents, and other who need and/or use housing." Lehmann asked if there were any additional recommendations, and if there were none, then no vote was needed. The Commission indicated no vote was needed. AID TO AGENCIES RECOMMENDATIONS FOLLOW UP: Lehmann stated staff (city manager's office and neighborhood services staff) met with the Agency Impact Coalition (AIC) (Shelter House, Prelude, Neighborhood Center, Free Medical Clinic, United Action for Youth and Domestic Violence Intervention Program) on July 30. Fixmer-Oraiz also attended the meeting. Lehmann said staff was there to listen, find out what the agencies needs were, how they saw budgets potentially as well. DVIP talked about the 29% decrease in A2A funding over the last year and were within $14,000 of losing their federal funding match, Prelude talked about how their A2A amount was stable and they have trouble keeping staff because they can't increase salaries, free Medical Clinic discussed how the people they help are having more complex issues and other complications that come with increased immigration populations and cultures. Staff then discussed the budget timeline and how it fits into everything and how agencies can be involved. The kickoff for the budget is August 20 at Spm, and is open to the public (it will be the City Council work session). During September and October staff looks through capital improvement needs, October through November is when departments submit requests, and budget requests are finalized in December. In January the budget is presented to Council and Council adopts it in March. Staff also looked at what current A2A levels would be if A2A funding had increased over time. At 2% (what most city departments base budgets on) the amount would be $304,000 (excluding CDBG and utility funds), if adjusted by the CPI inflation index it would be around $281,000, and if done by changes in taxable valuation it would be $366,000. The City Manager mentioned he didn't realize A2A had decreased as much as it had over time simply because the City has allocated more funding for public services, just not through the A2A grant. Things like contributions to the Behavioral Access Center, Winter Shelter, etc. The AIC asked to look at funding through what is the need, the City Manager asked what they felt was a fair funding and requested the AIC provide that amount to the City. Fixmer-Oraiz noted the AIC members encouraged City staff and HCDC members to look at their overall Housing and Community Development Commission August 15, 2019 Page 9 of 10 impact on the community as an asset that includes economic multipliers and community health. This was in response to the budget feeling like just another line item, and one that could be easily under -valued. She added the discussions were positive. Eastham noted the August 20 Council work session meeting will not be discussion, it will just be setting budget priorities. In the packet released for that meeting, the City Manager is going to suggest an increase of 2% from the base of $250,000 for Aid to Agencies which is not necessarily what the AIC group is going to propose. Fixmer-Oraiz acknowledged the City Manager knew he would not have a proposal from AIC in time for the work session but he is asking for it by Labor Day so it is still early on in the process and can be adapted perhaps. Lehmann added the City Manager wanted to call out A2A in this upcoming work session because it was not addressed in the last one. Padron requested HCDC be informed of the proposal from AIC to the City Manager to see if Council's final budget allocation matches that proposal. Fixmer-Oraiz can reach out to AIC to ask for a copy of their proposal. STAFF/COMMISSION COMMENT: Lehmann stated the next meeting of HCDC would be September 19 at 6:30pm, held at the Iowa City Public Library Meeting Room D. At this meeting will be the review of City Steps with nonprofits. It will also be the public meeting for the CAPER and will receive legacy Aid to Agencies funding applications. Eastham asked for an update on the South District Homeownership program and Habitat for Humanity's proposal. Lehmann said because the City actually found a property under their previous application the City will move forward this year with that project and will encourage Habitat for Humanity and HCDC to consider looking at the South District Program as part of the competitive process next year. Lehmann noted the City updated its affordable housing programs summary that has been done in the past, FY15 — FY19, he will send it to HCDC as a follow up item. Basically from FY15 — FY19 $9.9 million has gone to assist affordable housing projects and workforce housing projects. 452 units have been affordable and 66 workforce units, 339 renter projects (mostly from Riverfront Crossings) and 204 rehab projects. Eastham asked if the rent amounts were included in the data for these projects. Lehmann has the target income levels not the rent levels. Hightshoe said most are at fair market rent. Lehmann plans to incorporate that data into the CAPER. Lehmann noted the Fair Housing Choice Study is going to Council on August 20 and the Housing Trust Fund turns 15 this year. IFA's Iowa Housing Conference is in Cedar Rapids this year from September 4 to September 6. It is $270 to attend if anyone is interested. Hightshoe stated Iowa City is hosting the American Planners Housing Conference this year, October 9- 11. The City will do an affordable housing tour. ADJOURNMENT: Eastham moved to adjourn. Fixmer-Oraiz seconded the motion. A vote was taken and the motion passed 7-0 (Nkumu absent). Housing and Community Development Commission August 15, 2019 Page 10 of 10 Housing and Community Development Commission Attendance Record Name Terms Exp. 7/11 8115 O = Absent O/E = Absent/Excused --- = Vacant Aguilar, Peggy 6/30/22 X Alter, Megan 6/30/21 X X Drabek, Matt 6/30/22 O/E X Eastham, Charlie 6/30/20 X X Fixmer-Oraiz, Vanessa 6/30/20 X X Kealey, Lyn Dee Hook 6/30/22 O/E X McKinstry, John 6/30/20 X O/E Nkumu, Peter 6/30/22 O/E X Padron, Maria 6/30/20 X X Resigned from Commission Key. X = Present O = Absent O/E = Absent/Excused --- = Vacant Item Number: 17. Awl Q- CITY OE IOWA CITY www.icgov.org August 29, 2019 Parks & Recreation Commission: August 7 ATTACHMENTS: Description Parks & Recreation Commission: August 7 IOWA CITY PARKS & RECREATION COMMISSION PRELIMINARY MINUTES AUGUST 7, 2019 MERCER PARK AQUATIC CENTER/SCANLON GYM Members Present: Suzanne Bentler, Steve Bird, Ben Russell, Cara Hamann, Joe Younker Members Absent: Angie Smith, Jamie Venzon, Brianna Wills Staff Present: Brad Barker, Zac Hall, Juli Seydell Johnson Others Present: Jason Armstrong, Luke Eustice, Nick Kaeding CALL TO ORDER Chairman Younker called the meeting to order at 5 p.m. RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): None OTHER FORMAL ACTION: Moved by Hamann, seconded by Bentler, to approve the July 10, 2019 minutes as written. Passed 5- 0 (Smith, Venzon, Wills absent). PUBLIC DISCUSSION None EASTSIDE SPORTS COMPLEX -ERIC HORNIG, HITCHCOCK DESIGN GROUP In 2016, Eric Hornig with Hitchcock Design Group, presented to the Commission. At that time, after incorporating recommendations gathered from public and stakeholder meetings, Hitchcock Design Group created primary and secondary concept master plans for an eastside sports complex to be located on 74 acres of land located at 420' Street and Taft Road. The primary plan includes several sports fields while the secondary plan includes an indoor turf space, trail loops, a dog run, parking, neighborhood access, concessions, restrooms, playgrounds and a maintenance facility. At the July 10, 2019 Commission Meeting, members recommended that the City consider continued development of plans for an eastside sports complex in the southeast district. Therefore, Seydell Johnson invited Eric Hornig from Hitchcock Design Group to present at tonight's meeting, noting that several of the current commission members were not on the commission in 2016. She shared that Josh Schamberger with the Convention and Visitors Bureau, has offered to fund an update of the plan. Stakeholder meetings are scheduled following the Commission meeting this evening as well as Thursday, August 7. Hornig's presentation is attached to these minutes. Hornig explained that during the initial process, the Iowa Department of Transportation expressed their desire to acquire some of the land along the railway which would include approximately 7 acres of the 74 acres being considered for the sports complex placement. To date they have not advanced with this plan but the easement is being considered in the design. Following the presentation, Younker asked board members for their questions and feedback. PARKS AND RECREATION COMMISSION August 7, 2019 Page 2 of 6 Bird asked if there is a need for more soccer fields in Iowa City. Seydell Johnson said there is not a need now, however, the issue is that eventually the wastewater treatment plant will expand and the City will lose some of the existing fields at Kickers Soccer Complex. She noted that it could be 5-20 years before that becomes necessary but certainly want to keep this in mind when developing a sports complex. Hamann asked what kinds of fields are used for rugby. Hornig said that they are very similar to soccer fields and can also be used for lacrosse or flag football. Younker asked if there have been any suggestions for other types of fields since the original process began. Hall reported that there has not, however, prior to this process starting, there was some interest expressed for cricket and Quidditch fields on the westside of town. He also pointed out that field hockey interest continues to grow in the area. Seydell Johnson said that staff receives requests for additional off- Ieash dog areas near Rita's Ranch as well. Younker said his understanding that it is assumed that the dog area at the sports complex will likely be used mostly by families of those playing in tournaments. Seydell Johnson said that the City receives numerous requests/applications for benefit walks/runs, most of them in April and October, further noting that it would be great to have another option to offer those applicants. Bird asked what all can be included within a 95,000 -square foot in -door facility. Hornig said that the space can be used for soccer fields. Seydell Johnson said the idea is that it would include more turf space for practices, especially for those sports that are played in the spring, allowing for practices to begin in winter. Younker suggested that it will be important to hear again from stakeholders and the public what their field needs are as those may have changed since the initial process. Hamann asked how softball and baseball leagues are doing, recalling that there had been discussion at past commission meetings about their decline. Seydell Johnson said that representatives of those programs should be able to address that at one of the stakeholder meetings. Younker further noted that while there has been a decline in girls' softball in the past, there seems be a resurgence of late. Seydell Johnson asked Hornig to address what kinds of things are in the design to make this facility appropriate and attractive for tournaments. He explained that first is to have a critical mass of 6 to S fields to gain interest, making the fields and the facility a desirable destination. Tournament planners are looking for other perks as well such as shade, water access, and state of the art scoreboards that offer real- time stats. Other attractions include digital amenities, playgrounds, concessions, dog parks and other diversions for family members. Bird asked how many tournaments are there and would this facility help in those numbers. Nick Kaeding with the Convention and Visitors Bureau was in the audience and shared that existing fields in the area are currently booked every weekend from mid-April through the end of June. Younker asked what will be different about these fields when it comes to turf management. Seydell Johnson said that they will be designed with state of the art drainage. Hornig fiirther noted that there have been huge improvements in seed selection and irrigation systems for fields. Bird asked how many FTE's (full-time equivalents) would be necessary to maintain this facility. Seydell Johnson said that it will take a great deal of commitment to staff adequately. She explained that the department has recently made a proposal to the Iowa City School District to assist in maintaining the Mercer Fields. PARKS AND RECREATION COMMISSION August 7, 2019 Page 3 of 6 Hamann encouraged more discussion about off season/winter use of the space. She gave examples of cross-country skiing, snow shoeing, perhaps an ice-skating rink or maybe schedule the Holiday Farmers Markets at the facility. Bentler asked how much use of the railway occurs. Seydell Johnson said at least twice daily, usually around 7 a.m. and 7 p.m. Hornig reminded commission that the initial plan was to build this facility in three phases; phase 1 would include the complex, phase 2 the smaller fields, and phase 3 the soccer fields, expecting that the water plant would be ready for expansion by that time. Younker asked if phasing the project still makes sense. Seydell Johnson said that she would have a better idea after the focus group meetings. She is also waiting to hear about the economic impact study that is being completed through Think Iowa City. Younker suggested that an eastside sports complex update be added as a regular commission agenda item. He said that he thinks this is a great opportunity and that there is a lot of potential. He also noted that he believes it should be true sports complex, whatever that is determined to mean. Bentler said that she really likes the idea of it being a year-round facility. She also said it will be good to see the results of the economic impact study. She recommends that it offer many different options, not just the usual, and that it is important to determine what will make it a competitive option as a tournament destination. Bird said he agrees with Bentler that it be a year-round facility. He stated that the location is still somewhat of a concern for those who have transportation challenges, but otherwise he thinks the complex is a good idea. Russell agreed as well stating that he is most curious about the in -door space and how it will be utilized during the off-season. Bentler feels that the facility needs to be sustainable and eco -friendly. Hamann said that the plans show a trail connection from the north but asked about how to connect from the west to the east. Seydell Johnson said that the American Legion tunnel will help as an access. Younker wrapped up the conversation by reminding members that there is a stakeholder meeting at 6 p.m. following this meeting as well as a meeting on Thursday, August 8, at noon, both at Mercer Park Aquatic Center. He also stated that this will be a recurring agenda item for the next several months. REPORT ON ITEMS FROM CITY STAFF Parks & Recreation Director — Juli Seydell Johnson: Staffm: Seydell Johnson announced that the City Council approved the hiring of an Assistant Recreation Superintendent. Staff is also interviewing for our Athletic Maintenance Supervisor as Joe Wagner, who has been in this position for 22 years, is retiring on Friday, August 4. Grants: Seydell Johnson stated that staff and Project GREEN is applying for grants to fund improvements at both Terry Trueblood Recreation Area and the Ashton House. Public Meetings: Seydell Johnson shared that there are several public meetings scheduled over the next several weeks. There is a public meeting scheduled at Scott Park/Rita's Ranch tomorrow, Thursday, August PARKS AND RECREATION COMMISSION August 7, 2019 Page 4 of 6 8. Staff is looking for feedback regarding the playground and shelter. Next Tuesday, August 13, will be the public input meeting for both Fairmeadows and Wetherby Parks. Other Projects: Seydell Johnson announced that the Willow Creek playground is in and that the City Park old zoo buildings are out. Recreation Division Superintendent- Brad Barker: Riverfront Crossings Grand Opening Event: Barker reported that the Riverfront Crossings Grand Opening incurred crazy weather that included heat, rain, and lightening. While there were several pcople who attended during the day, the lightening in the evening made is necessary to cut the event short. Barker has reconvened with staff to discuss plans for future events. There was some discussion about making an annual event at Riverfront Crossings. AcfiyLty Guides: Barker announced that the fall activity guides are now available in hard copy as well as on-line and that registration will open on Thursday, August 15. Prescriptions for Play Program: Barker announced that staff from the City have teamed up with area pediatricians to create a Prescription for Play program funded by an Invest Health grant. The idea is that when physicians treat children in their offices, that they can write an actual prescription for play, noting that the thought is that with a prescription, a child and family are more apt to follow through. With a prescription, families can register their kids for recreation programs at no cost to them. Kids will also be given a kit with several items such as frisbees, jump ropes, pedometers etc. to encourage play. They will track their progress on a provided chart. They will then present that to staff at the Recreation Center in exchange for a free 10 -punch pool pass. Swim Meet: Barker shared that the staff was approached by the University of Iowa Swim staff after a glass bottle had been broken and glass went into their pool a couple of days prior to the swim meet. This requires that a pool be completely drained, cleaned and then refilled. This process would not leave enough time for the University to be ready for the meet. Iowa City Recreation staff quickly came together and made it possible for this meet to take place at the Mercer Pool. Over 900 swimmers participated in this four-day event. Parks Division Superintendent — Zac Hall Benton Hill Park: Hall reported that the sidewalk connection and hillside wall at the park have been constructed. A contractor will come in and do some native seeding on the hillside within the next month. Creekside Park: Parks staff is currently installing the playground. Striping for the basketball court is the next project. Automatic Restroom Lock: Hall will meet with the contractor tomorrow and hope move forward with the automatic locking system in park restrooms. Emerald Ash Borer Update: Hall reported that over 200 ash trees are marked for treatment. The contractor will be working through September to treat the trees. PARKS AND RECREATION COMMISSION August 7, 2019 Page 5 of 6 CHAIRS REPORT: Younker announced that two members terms expire at the end of this year (Younker & Hamann) and Luke Foelsch resigned. Applications for will be available in September. COMMISSION TIME: Bird commented that the landscaping looks great at Ashton House commending Project Green for their efforts. Hamann asked if there has been any discussion about adding bike parking at Ashton House. Seydell Johnson will follow up. Hamann also asked what the status is of Chadek Green. She knows that originally there were no plans for a playground, however, she is wondering if that possibility could be revisited. Seydell Johnson noted that once the garden season is over, there will be several updates to the area such as moving of beds, adding raised beds, adding artwork etc. There is still no playground in the plan at this point. She suggested that it be brought up again in 2-3 years when discussions ensue regarding capital improvements. Bentler shared a couple of citizen concerns that have been brought to her attention. The first was a report of vandalism at Creekside park, stating that the individual told her there had been a lot of vandalism and some items broken at the park. Seydell Johnson will have staff check, however, there have been no reports to staff about such vandalism. Bentler asked if there are cameras at any of the parks. Seydell Johnson said that there are at some and that all new shelters are being wired so that cameras can be added later if necessary. The second comment was that people were not aware of the Riverfront Crossings Grand Opening and believes they would have come had they known. She agrees with staff in that having an annual event at this park is a great idea. ADJOURNMENT: Moved by Hamann, seconded by Bender, to adiourn the meeting at 6:06 n.m. Motion uassed 5-0 (Smith. Venzon. Wills absent). PARKS AND RECREATION COMMISSION August 7, 2019 Page 6 of 6 PARKS AND RECREATION COMMISSION ATTENDANCE RECORD NAME 00 °° r° o, 0% °` Qs o, °` a, o� o TERM EXPIRES iw~ � v� �O n onrs Suzanne 12/31/20 X X X X X NM X O/E X LQ X X Bentler Steve Bird 12/31/21 X X X X X NM X X X LQ O/E X Wayne Fett 12/31/18 X O/E X X Lucas 12/31/22 * * * * x NM X X O/E LQ X Foelsch Cara 12/31/19 X O/E X O/E X NM X X X LQ X X Hamann Lucie 12/31/18 X X X O/E Laurian Ben Russell 12/31/21 X X X X X NM X X X LQ X X Angie Smith 12/31/21 X X X X X NM X X X LQ X O/E Jamie 12/31/20 X X O/E X X NM X O/E O/E LQ X O/E Venzon Brianna 12/31/22 * * * * O/E NM X X X LQ X O/E Wills Joe Younker 12/31/19 X X X X X NM X X X LQ X X KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting LQ = No meeting due to lack of quorum * = Not a member now --.L.- is -_L.- a r -fi rig t r l s for "I Ty East Side Sports Complex ; -- T 1 7 • project • analysis • ideas • master pian OVErt a*w* D e v ent Catalyst Accessible to all income levels Regional Draw Unique to Iowa City Integrate with neighborhoods Promote Sustainability (social, environmental, & 0 program ;JrsrrOOMS9 0 NO O -q el Gers .6 e Adjacencies * Zoning * Topography 4�Aicess utIIIt "I'straintg C N Sonoco Corr F11 W m ". 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SOV S7P �ti, IgpM GRIT - L1.0 • Kick -of and programming • Staff'W3?wP -_MD. • Stakeholder Meetings (1-4) rCo ni k et" • Online Engagem,en-- F# M clic-input Staff Workshops Focus Group with Parks, Programming, Marketing and Administration Staff. A staff workshop with Parks, Programming, Marketing and Administration Staff gave a more in-depth look at the staff perceptions, goals, concerns, practical obstacles. opportunities, and priorities. Stakeholder Foes Group Meetings Individual and small group discussions were held with keystakeholders to solicit input regarding current use, needs, and trends. Specific interest groups, or stakeholders, relevant to Iowa City Parks and Recreation were invited to participate in small group interviews and meetings. The meetings were held at the Robert A. Lee Community Recreation Center. These groups, facilitated independently of one another, were asked a series of questions about their goals, objectives, desires, and hopes for development of the Eastside Sports Complex and how their organization could be impacted by such.The following stakeholder groups were invited to for Input: • Regina Catholic High School West High School • City High School • Diamond Dreams (Baseball) Red Zone Football Academy (Football) Iowa City Alliance (Soccer) Iowa City Boys Baseball Additional City Departments: Publ€c Works Parks and Recreation Economic Development Planning & Development Neighborhood Services Transit Iowa City I Corallville Chamber of Commerce !o vm Department of Transportation Online stakeholder focus groups community meetings Ask staff workshops CONNECT: NEEDS ASSESSMENT WX SIDE SPORTS COMPLEX Nf45TER PLAN Online Engagement Iowa City residents had the opportunity to share their thoughts and ideas for the next five years at https,//mysidewalk. com/organizations/iowa-city-east-side-sports-complex,, inter-jctivip online community engagement portal. ``'phis would be a wonderful addition W f.he etest side of Iowa C, A.y. Lefs build this area back up and bring Mof*e businessez-, into Iowa Cit -0 If done right this complex could bring o,I ct t. reventie ta- vr.1 jobs into io .,%--i City" SITE STATS 13,978 1,165 55-80 pageviews responses partidpants Whatprimary uses should be provided at the What secondary uses should be provided at East Side Sports Complex (Select the three the East Side Sports Complex (Select the five most important to your household)? most important to your household)? 19 $a_ -ball Sc�itt:ntl Saccoi Basketball 5e,�,;t alcri!emaizoli t� Fc-alball Lac*sus Rugby Cricicef Miraclk Field (Special Recreation Amential indoor Tracl Running Track 1 Rock Climbing i Volleyball I Indoor VollevhaP Disc Golf f1 tJlk;motc Frisbee ,kind Trails Hotting cogen a � *l unning Trails / Fitness Loom Hiking / Multi-purposa Traits Rugby fields are the most sought after amenity. Out of 84 survey submissions, respondents indicated they would like to see rugby, basebafl, soccer, and football facilities implemented at the East Side Sports Complex. Shelters 'laygrounds SPlash pad I Sprov Part t�tatarcrt areas Fleyihlr, Open Dara r Mountain Biking Skateboard Evenhe M Pickle all ■ Obstacle r Challenge / Ropes Course Boecc Horseshoes M Baggo ■ Bathrooms 1 Pitching Mounds aced Ovil ens I In n 9-r is For secondary amenities, 57 respondents indicated that they would like to see a multiple trail types, playgrounds,& batting cages implemented at the East Side Sports Complex. Now do you most often participate in athletic recreation? Participants 60 Drop-in use of parks and school facilities Reeroational programming through the Iowa City Paries and Recreation Department << Compotitivo programming through schools ■ Competitive programming through clubs or private sports msociolian5 ° + Most users either participate in athletic recreation competitively through private sports associations. Which of the following programs do you participate in (check all that apply)? Participants 92 Youth / Developrrnmtai / Instructional Programming Youth Albletic, Adult AthleNa Special Recreation ■ Most users participate in youth athletics, youthr developmental/instructional programming and adult athletics. There is also a group of participants that participate in special recreation. CONNECT. NEEDS ASSESSMENT EAST SIDE SPORTS COMPLEX PIASTER SAN Comment and Idea Analysis In addition to polls and surveys, participants were able to provide comments and ideas related to parks, facilities, and programs. There were 11 comments analyzed in this process. Users could provide comments In addition to their survey and poll submissions and / or answer open-ended questions posed on other areas of the site. Open ended questions posed over the one-month period include: • Identify any other elements/ ideas that are important to your household about the future development of the East Side Sports Complex. Most comments were either proposals, including responses and seconding, or an accolade. Open ended responses: Responses to the Site Map. • Having coached baseball for rhe past S years • "This would be a wonderful addition to the east (ICBG and City High Little Hawk Club), this side of Iowa City. Let's build this area back up and complex is so needed! With only 3 full sized (6016" bring more businesses Into Iowa Cityll If done pitchingl90 bases) baseball fields in Iowa City tot right this complex could bring great revenue and 13 yeorond older kids to play on, it is amazing how Jobs into Iowa City. It is time to give Cora lville a hard itis to find fields to play on! Please.!!!" run for their money." "This Fast side location would be well suited to Little League baseball, so that the season does not get flooded out oflower City Park. Itis nextto on Industrial area, which we also need to leave room to grow. The near neighborhood will also lend the accessibility for families to use thepark, which has been the beauty of City Park for the many decades that It has offered sports fields. Sand volleyball seems like a good fit toe "This facility is very overdue. There are just so marry issues with City Park that something different is sorely needed There are limited field sizes and such limited access to fields city wide that scheduling fields Is one of the hardest things to do as a coach. Surrounding cities have biggerand niter complexes while Iowa City lags behind in similar complexes. It would be nice to have a facility with several field size option where tournaments can be held to bring visitors to the community. Please do this and I would challenge ourcommunity leaders to look even fartherahead and expand the plan to have more fields. I`rust rye, they will get used." I would like to see a City High Baseball Complex." Identify any other elements /ideas thatore important to your household about the future development of the East Side Sports Complex. • "It would be great to see some type of enclosed or covered walking track would be nice to have for winter months" "There is no indoor track available for cheoplfree in the Iowa City area. An indoor track would be much appreciated!" "1 have the same suggestion -- the east side needs on indoor track for walking and running." 'Yes, an inside walkingljogging track is needed an the east side.' EAST SIDE SPORTS COMPLEX MASTER PLAN Input Meet'ings As part of the community engagement Staff Workshop, Stakeholder Meetings, and Community Meeting Results Summaly Detailed notes were recorded for each meeting with the items below being repeated and emphasized items process, 23 staff members, public, that indicate general consensus of group meeting participants. stakeholders, school representatives, and community advocates met together in six different meetings to discuss the possibilities of the future at East Side Sports Complex. EAST SIDE SPORTS COMPLEX MASTER PLAN Importa nt Approach Aspects: Support local teams first • Provide flexibility for all ages Share resources where possible • Provide safe access and pedestrian friendly access for Southeast residents • Blend with future neighborhood to the north Primary Site Elements. • Full size baseball • Cross country facilities Indoor court / turf space Trails Training features Secondary Site Elements: • Concessions • Restrooms Shade • Shelters Adequate parking Drinking fountains • Utilize sustainable practices Tournament ready facilities that consolidate the visitor experience • Act as a community and neighborhood park • Soccer Practice Fields Football Practice/ Game Fields Sports Lighting • Artificial Turf Destination play experience • Accommodate Special Rec Bus stop Sidewalks Foul ball protection Practice space Warm-up areas Biking a • Design Alternati • Refined Progran • Parking, Study • Mastor�'Ic .0. m "b q� 0 ideas (6) Baseball (High Schaal) () Baseball (Various) (5) Football (Flag 30) (1) Batting Cages 'Warmup Space 1) Playground (1 mi) Trails (400-500) Parking Sports Lighting Stormwater -,.ou rt Space? Native Lan&S , Secondary (1-) Soccer / Rugby Overlay (2-4) Tennis (2-4) Volleyball (4-6) SheltrYs l k kid 1, .rws Larry w/ finish line 1 w .--ii ter and wayfinding system Artificial Turf working program LO rh 41 jr? �bo 0 00 00 -00o C Ocp East Side = - - Sports Complex OIL - WAP OW Primary Secondary / Support (2) Baseball (350 •(1 ) Off -Leash Deg Run (4) Baseball (300') • �� Baseball �2�p • (1) Cross Country w/ finish ling: flwry Baseball +��*�yaebbal l (250' f 4 ) •(1) Identityand wa findin system • Batting Cages / Warmup (+/-2 mi) Trails w/ fitness stations Space Maintenance Building (1800 SF • () Football (Flag o O) Artificial Turf at Soccer • ( Soccer .Full Sipe (365-533) Parking • (1) Soccer U-14 • (1) Playground Sports Lighting (Soccer / Baseball) • ( Shelters Stermwat r Detention / bio-swales • () Concession l Restroom Native Landscape Buildings Future Indo or Allocation +iM 90,000 SF) working program EAST SIDE SPORTS COMPLEX Iowa City, Iowa Sport Qty Players Coaches Officials /Staff Fans / Player Fans Total People Cars Baseball / Softball 3 30 4 3 1 30 180 60 Baseball - i-ligh School 2 24 6 3 1 24 116 39 Baseball - Pony 4 24 6 3 1.5 36 282 94 Baseball - Bronco 2 24 6 1 2 48 1 162 54 Baseball - Little League / Pinto 2 24 6 1 2.5 60 187 62 Softball - Youth 0 24 6 3 1.5 .36 0 0 Softball - Adult 0 24 2 2 1 24 0 0 Batting Cages 9 8 1 0 0 0 81 27 flipfactor — — — I -- I — I -- 112 37 1940 1 313 Soccer People/ Flip Factor 15% U15N19 01 v11) 3 30 4 3 1 30 180 60 U12 / u14 (M) 1 26 6 2 1.5 39 65 22 U10 (7V7) 0 20 6 2 2 40 0 0 U8 (7V7) 0 16 6 2 2.5 40 0 0 U6 (5V5) 0 14 6 1 3 42 0 0 flipfactor — — -- -- — — 37 12 1 282 1 94 Football Football - Flag 6 28 4 3 2 56 558 1 186 Football - Tackle Youth 0 36 6 3 2.5 90 0 0 Football - Tackle Competitive- Stadium 0 48 8 5 4 192 0 0 flipfacwr I — — --I -- -- I — 84 28 ! 642 1 214 parkine People/ Flip Factor 15% ©a©a©era ©a©a©era ©ewe©awe ;�a�aN©era parkine Court Sports Qty Visitors — Staff Fans 1 Player Fans Total People Cars Tennis 0 4 0 0 0.5 2 0 0 Pickleball 0 4 0 0 0 0 0 0 Volleyball 0 8 a 0 0.5 4 0 0 Basketball - Full 0 10 0 —01 1 10 0 0 Basketball - Half 0 6 0 1 0 1 1 1 6 0 0 General Activities Qty Visitors — Staff Fans 1 Player Fans Total People Cars shelter - smal I 3 12 0 0 0 0 36 12 shelter- large 2 40 0 0 0 0 80 27 playground 1 40 0 0 1.5 60 102 34 splash pad 0 80 0 1 1.5 120 0 0 passive use 1 40 0 0 0 0 40 13 camps/ school groups 0 30 0 1 0 0 0 0 Perm Parking Provided (WEST) 185 Parking Provided (EAST) 180 Total Parking Provided 1258 1 ., 86 2121 1 707 Temp Total 60 245 108 288 533 Surplus (Deficit)p a r (174) ® 134 11Z ■ k,. '©aQa©v©a ©a©a©tea©o !©a©o©e©a 1 Surplus (Deficit)p a r (174) ® 134 11Z ■ k,. Maintenance Building 2ox W (3) Loose Material Storage 11ays. Group Staging Area Open lawn w/ 5hadeTrees East Parking Drop-off at Baseball, (las) Parking Spaces (60) overflow Island Blo-swaies (2) Entry Signs Lighting Baseball Zone (4) 3WRelds (2) 3-WFields (6) Batting Cages Sports Lighting Core Area Amenities Improved Spectator Zones 11* Lbs pTrail (W) 3/4 Mlle Fitness Stations a Core Are __/ Concessions Restrooms Championship Plaza Destination Playground Nature Node Interpretive station shelter/Gathering Plaza East Side Sports Complex Flag Football / —/ 114!1114 1 Multi-purpose Zone Dog Pun J (6) WX 240'Football Fields +1 1.5 AC Shelter/Gathers Plaza Neighborhood Connection ShadeTreetyp, Loop Trail (NE) 1/2 mile 14 W Fitness stations Q ~ Baseball Zone (2) 250'/ (2) 27TFleid5 (3) Batting Cages Concession /Restroom r Sirorts Lighting Improved Spectator Zones Entry Gateway East Parking i Drop•ofratBaseball, Soccer, and Future building (180) Parking Spaces (108) Overflow Island Bio,swales (4 Entry Signs Light" Soccer Zone {2) SynthedcT.,f Fleids (1) U14 Natural Field ' Sports Lighting Central Bleacher Area Sports Lighting, typ. Loop Trail (SE) 112 mile Fitness stations or2(Full Size socceid ng • =— Stormwater Centras Shelter/Plaza Water Source Soccer / FUL'liM_ J Nelghl odw4dShelter/Plaza I'criMeterFer'ee Athletic Buile in /ohs Detention Area +/-95,000SF Allocation %7' t/AGFr ' Nattiviv e planting /O ns j Interpretive signs �nre Oh ti �+ `� Site Monument Sign r sa IWC Siu f'l "I'IIr WA 4 -ITV 4 l MAW - T Fry -44 n AW r%r D m AW iroll %L"Mmr40 East Side Sports Complex Core Strength } '.'�► -rte • r� na. ..�9i _ 'G. .>�r ,. ,( A 91 K:alt--D"ql 19:4 0 to East Side Sports Complex Agility U .3—IW - r - .•r .s t Jift Y 7S ire FMRif ..gir Or Ire 11111P 1111P +.!`♦!.+♦+♦!♦♦♦.+♦+♦♦+. 1.'�1.*' +♦..♦♦♦♦.♦♦.♦.♦♦#♦`♦.♦.♦♦♦♦♦ '..!♦� 1 i E♦♦♦!♦!♦!♦♦♦♦♦♦!!!♦♦!♦♦+ „ eery mem �. •"tl ,` t r r I R +r 4t a♦�. i �+ ♦ wv r s 1 rdr�tiger r .'rri.��� p rr Ir41�1 -XI ,l epi e t ee:.Y l t � � ar ,.. k { I hi 1 - lr Iv - l •�/ f Y l u �„ l T i Y��! T1 V� East Side aa• aa• 71r _ IIILA 41 ei.`f.`mmfLllelli[f AV.y lion Iry IP I 1) Its IS IL Iva A% IL IkLt 90 _ s } r • sM - - om,"Olm I r4ol I i I I i if East Side Sports Complex Spine Val PFF -'Iq (5 I` r - Ar ,. `-._- •,'�. Az 4 a 50' � %- Sp -,qw ?"Y -w•r amp Aft G 1�' GRIP .— r`r s ,}..�.- _ s a >J -J�, loo 12,1111 [o ■ 1 ■iY.N1OI: