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Home My WebLink About2020-08-13 Info PacketI b i AMPRENS cop ..rll CITY OE IOWA CITY www.icgov.org City Council Information Packet August 13, 2020 IPI. 'council Tentative Meeting Schedule August 18 Work IP2. Work S%'onnda IP3. BLM & acism Detailed Status IP4. Pendincil Work Session Too M IP5. Memo from Assistant a er: Iowa City Telecommunications Commission report submittal IP6. UPDATE -Endless Po ibil ' slowa's African American History presentation [POSTPONED] IP7. Iowa College Acc s Network (IC N . Careers in Building Trades Brochure IP8. Civil Service E mination: Assistant ntendent of Parks IP9. Johnson /C ntyAffordable Housing Co iti : News and Updates Draft Minut IP10.Cli ate Action Commission: August 3 IPI1. tanning & Zoning Commission: August 6 IPI . Public Art Advisory Committee: August 6 August 13, 2020 City of Iowa City Page 1 Item Number: 1. A CITY OF IOWA CITY www.icgov.org August 13, 2020 Council Tentative Meeting Schedule ATTACHMENTS: Description Council Tentative Meeting Schedule City Council Tentative Meeting Schedule Subject to change CITY IOWA CITY August 13, 2020 Date Time Meeting location Tuesday, August 18, 2020 5:00 PM Work Session Zoom Meeting Platform 7:00 PM Formal Meeting Tuesday, September 1, 2020 5:00 PM Work Session Zoom Meeting Platform 7:00 PM Formal Meeting Tuesday, September 15, 2020 5:00 PM Work Session Zoom Meeting Platform 7:00 PM Formal Meeting Tuesday, October 6, 2020 5:00 PM Work Session Zoom Meeting Platform 7:00 PM Formal Meeting Monday, October 19, 2020 4:30 PM Joint Entities Meeting Zoom Meeting Platform Hosted by Johnson County Tuesday, October 20, 2020 5:00 PM Work Session Zoom Meeting Platform 7:00 PM Formal Meeting Monday, November 2, 2020 5:00 PM Work Session Zoom Meeting Platform 7:00 PM Special Formal Meeting Tuesday, November 17, 2020 5:00 PM Work Session Zoom Meeting Platform 7:00 PM Formal Meeting Tuesday, December 1, 2020 5:00 PM Work Session Zoom Meeting Platform 7:00 PM Formal Meeting Tuesday, December 15, 2020 5:00 PM Work Session Zoom Meeting Platform 7:00 PM Formal Meeting A CITY OF IOWA CITY www.icgov.org August 13, 2020 Work Session Agenda ATTACHMENTS: Description Work Session Agenda Item Number: 2. =.® L +r All ®I�� CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 13 19) 356-5000 (3 19) 356-5009 FAX Ekx*onic wwW-icgov-org REVIS E D City Council Work Session Agenda tte .� .� •• — • ' F. • 5:00 PM tiectronic Meeting (Pursuant to Iowa Code section 21.8) An electronic meeting is being held because a meeting in person is impossible or impractical due to concerns for the health and safety of Council members, staff and the public presented by COVID-19. You can watch the meeting on cable channel 4 (118.2 QAIVI) in Iowa City, University Heights and Coralville, or you can watch it online at any of the following websites: • https:/Icitychannel4.com/live • haps://www.voutube.com/user/citychannel4/live • haps://facebook.com/CityoflowaC!ty If you have no computer or smartphone, or a computer without a microphone, you can call in by phone by dialing (312) 626-6799 and entering the meeting ID 947-2959-3012 when prompted. Attending in person is not an option. • (Addition) Storm Update • COVID-19 Update • Continue discussion of Resolution (20-159) of Initial Council Commitments addressing the Black Lives Matter Movement and Systemic Racism in the wake of the murder of George Floyd by the Minneapolis Police and calls for action from protesters and residents [I P3] - (Addition) Discussion of investigation report contract • Clarification of Agenda Items 4 Information Packet Discussion [August 6, August 13] Council Direction needed on the following items: 1. (8/13) IP5: Memo from Assistant City Manager. Iowa City Telecommunications Commission report submittal • Council updates on assigned boards, commissions, and committees OTY OF IOWA CITY 410 Fail Waa6iug:un 5liccl Iniva Cite, Iowa 1)_2411- i 826 (3 19) 356-5000 (3 19) 356-5009 FAX Ekdronif www. lcg ors Council Work Session Tuesday, August 18, Zoom Meeting 5:00 Electronic eeting (Pursua t to Iowa Uode section 21.8) An electronic meeting is being hd b ause a meeting in person is impossible or impractical due to concerns for th alth and safety of Council members, staff and the public presented by COVID 9. You can watch the meeting le ble c annel 4 (118.2 (DANA) in Iowa City, University Heights and Coraor yo can watch it online at any of the following websites: ■ htt s://ci channel4.com/li • hftps://www.voutube.corr(/user/citychiann 4/live • https://facebook.com/CjfvoflowaCitv If you have no compu r or smartphone, or a c mputer without a microphone, you can call in by ph ne by dialing (312) 626-67 9 and entering the meeting ID 947-2959-3012 whe prompted. Attending in pers n is not an option. • COVIDf19 Update hue discussion of Resolution (20-159) of Initial until Commitments ;ssing the Black Lives Matter Movement and Syst is Racism in the wake murder of George Floyd by the Minneapolis Poli and calls for action protesters and residents [IP3] Clarification of Agenda Items Information Packet Discussion [August 6, August 13] Council Direction needed on the following items: 1. (8/13) IP5: Memo from Assistant City Manager. I wa City Telecommunications Commission report submittal • Council updates on assigned boards, commissions, and committees Item Number: 3. A CITY OF IOWA CITY www.icgov.org August 13, 2020 BLM & Systemic Racism Detailed Status Report ATTACHMENTS: Description BLM & Systemic Racism Detailed Status Report City of Iowa City COMMITMENT TO ADDRESSING BLACK LIVES MATTER & SYSTEMIC RACISM Resolution No. 20-159 CITY OF IOWA CITY UNESCO CITY OF LITERATURE Status Report August 11, 2020 1 1 ? CITY OF IOWA CITY SUMMARY OF COMMITMENTS The City of Iowa City is committed to embracing the Black Lives Matter Movement and addressing Systemic Racism. The City Council unanimously passed Resolution No. 20-159 on Tuesday, June 16, 2020 which outlined seventeen initial actions. A copy of that signed resolution, along with other related resources, is available at www.icgov.org/BLM. The seventeen actions have been identified in this initial commitment and are summarized below. Click on an action to be taken to the status report page for that item: Policing & the Future of Public Safety • Develop a preliminary plan to restructure Iowa City Police Department (ICPD) towards community policing. • Receive a report of ICPD involvement in use of gas and flash -bang devices during a June 2020 Black Lives Matter protest in Iowa City. • Increase accountability and oversight authority of CPRB, where legally possible. • Improve transparency and accessibility of detailed ICPD budget expenditures. • Review inventory of military grade equipment in ICPD, evaluate federal contracts with the ICPD and express support for divestment of the Johnson County Sherriff's Mine Resistant Ambush Protected (MRAP) vehicle. • Enact ICPD General Order to expressly ban the use of chokeholds & any maneuver that cuts off oxygen or blood flow. • Continue ICPD policy and practice to be consistent with IA H.F. 2647, ensuring police officers in Iowa have not committed serious misconduct. • Investigate compliance and evaluate disciplinary action related to proper use of body cameras and vehicle recording devices. • Ensure the duty to intervene and stop excessive force, in both ICPD General Order and an MOU with area law enforcement agencies. • Prohibit use of tear gas, rubber bullets, and flash bangs against peaceful protestors. • Adopt 2021 state legislative priorities related to criminal justice reform, enhanced authority of the Community Police Review Board (CPRB), and decriminalization of small amounts of marijuana. Truth & Reconciliation • Create an ad hoc Truth & Reconciliation Commission to carry out restorative justice. Diversity, Equity & Inclusion • Commit $1,000,000 to local efforts promoting racial equity + social justice, including development of a new Affordable Housing Plan. • Increase opportunities for artistic expression by communities of color. • Establish Juneteenth as an official city holiday beginning in 2021. • Increase diversity of City employees, expand equitable recruitment efforts, and elevate organizational equity training, policies, and procedures. • Continue use of a racial equity toolkit use in all city departments, expand training to the City Council, and educate and train the local business community Last U Awaiting City Planning or action Council action Policing &the Future of Public Safety currently underway Plan to restructure ICPD towards community policing 0 Report on gas/flush bong use on protestors 0 Increased oversight authority for CPRB 0 Transparent and accessible ICPD budget details 0 Military -grade equipment inventory review, MRAP Letter 0 I(PD G.O.: (hokeholds and airway restricting maneuvers 0 I(PD G.O.: Police misconduct related to IA H.F. 2647 0 ICPD G.O.: Body camera + car recorder compliance 0 I(PD G.O.: Duty to Intervene & stop excessive use of force I(PD G.O.: Tear gas, rubber bullets, flash bangs in protests 0 2021 legislative priorities supporting racial/social justice 0 Truth & Reconciliation Develop Truth & Reconciliation Commission 0 Diversity, Equity & Inclusion $1 an. committed to SJRE efforts + Affordable Housing Plan O Equitable recruitment, hiring, staff training 0 Racial & Equity Toolkit expansion of use + education 0 Increase ort+ celebrations of communities of color O 0 Establish Juneteenth as official City holiday 0 11, 2020 *Note: Actions showing multiple icons have some council directives accomplished and others underway details are provided on each action's page. Action(s) completed Action(s) in progressO Awaiting City Council action 3 Resolution "By December 15, 2020, develop a preliminary plan to restructure the Iowa City Police Department (/CPD) towards community policing, including, but not limited to, reduction of the public's reliance on police in non- violent situations through use of unarmed professionals, and consideration of community policing initiatives in other cities, including, but not limited to, Minneapolis, MN, Camden, NJ, Los Angeles, CA and San Francisco, CA." (Res. 20-159, p. 1, #1) Status Summary At their August 4th regular meeting, City Council members initiated discussion about beginning public outreach and idea -gathering efforts related to a police restructuring plan. Initial public engagement efforts will involve both in-person and virtual listening posts, the first of which will be held in August by Councilor Bergus and Mayor Pro Tem Salih. Additional listening post dates and public engagement opportunities will be discussed at the August 1 8th City Council work session. City staff are also developing an online form to collect resident input on community policing ideas. Additionally, staff are compiling statistics and information on current policing in Iowa City, which will be publicly accessible as a resource for these conversations. Community members interested in participating in this process are encouraged to sian up for e-mail or SMS/text messaae notifications from the City of Iowa City and regularly check the Black Lives Matter webpaae for updates on opportunities and events. Next Steps Target Date Milestone Action Group(s) August 2020 — Listening post public input opportunity hosted by Mayor Pro City Council, Public Date TBD Tem Salih and Councilor Bergus. More details forthcoming. August 18, 2020 City Council to discuss additional public input opportunities City Council at their work session. August — October Various public input opportunities related to a police Public, City council, City 2020 restructuring plan. As opportunities develop, details can be Staff found at www.iggov.org/bim. Dec 10, 2020 Deliver preliminary plan to City Council City Staff, City Council, Public 4 Resolution "Allocate City funds in the amount of $1,000,000 during Fiscal Year starting July 1, 2020 for efforts to promote racial equity and social justice, including expansion of the Special Populations Involvement (SPI) program, creation of a new robust affordable housing plan, including, but not limited to, housing in the downtown and core neighborhoods, support of the to be determined efforts of a Truth and Reconciliation Commission, and hold a Council work session on or before August 1, 2020 to address specific allocations." (Res. 20-159, p. 1, #2) Status Summary Allocation plans for these funds are pending further City Council discission. Next Steps Target Date Milestone Action Group(s) TBD Hold City Council work session to address specific allocations I City Council Accomplishments Resolution "Elevate the City's commitment to racial equity and social justice, including expanding efforts to increase the number of minorities employed by the City including eliminating barriers to applications, increase resources devoted to those efforts as needed to better train all city employees and coordinate and report on the use of funds dedicated for racial equity and social justice." (Res. 20-159, p. 2, #3) Status Summary Staff is compiling comprehensive data on employee demographics. The report will include steps previously taken to reduce barriers to employment and outline additional measures that can be considered to further increase the diversity of the City's workforce. Staff will further detail previous training efforts and recommend additional trainings that could benefit employees, board and commission members and the City Council. On July 29, 2020, approximately 60 City and County staff members participated in a virtual Cultural Proficiency pilot training conducted by Laura Gray, Iowa City Community School District Director of Diversity and Cultural Responsiveness, with the intention of expanding upon this pilot for future trainings and to reach even more staff. Next Steps Target Date Milestone Action Group(s) August 20, 2020 Kick-off meeting of new internal Diversity, Equity and Staff Inclusion employee committee August 20, 2020 Publish report on city employee demographics, hiring Staff processes and racial justice training Accomplishments • July 29, 2020: Approximately 60 City and County staff participated in a virtual Cultural Proficiency pilot training. Resolution "By August 1, 2020, receive a report from the City Manager on the ICPD's involvement in the use of gas and flash -bang devices during the protest in Iowa City on June 3, 2020." (Res. 20-159, p. 2, #4) Status Summary City Council held a work session on July 7, 2020, where they directed the City Manager and City Attorney to select an independent firm to conduct the review of the June 3rd protest incident. Staff will choose a firm that has experience with reviews of similar law enforcement use of force incidents and has not had previous contractual relationships with the City of Iowa City. Next Steps Target Date Milestone Action Group(s) TBD Deliver report to City Council Staff Accomplishments Resolution "By October 1, 2020, create an ad hoc Truth and Reconciliation Commission to bear witness to the truth of racial injustice in Iowa City and to carry out restorative justice, through the collection of testimony and public hearings, with such work to include a recommendation to the Council of a plan for dedicating and/or renaming public spaces and/or rights of way in honor of the Black Lives Matter movement." (Res. 20-159, p. 2, #5) Status Summary Councilors Bergus and Weiner continue to engage the community in conversations about the scope and composition of the Truth & Reconciliation Commission (TRC), and expect to bring a draft proposal for full council consideration and discussion at the August 18 work session. Next Steps Target Date Milestone Action Group(s) August 18, 2020 City Council members Bergus and Weiner to introduce a draft City Council, Staff, proposal for the TRC at the work session. Public TBD TRC application process initiated City Council, Staff, Public Accomplishments • Council members Laura Bergus and Janice Weiner met with members of the Iowa Freedom Riders (IFR) to learn about their research and receive recommendations for the TRC's development and charge. • July 21, 2020 — Public input opportunity at the regular, formal City Council meeting. F3 Resolution "Make it a 2021 City Council legislative priority to advocate for and support our state delegation in enacting criminal justice reform, eliminating the war on drugs and making changes to state law that enable the City's plan to restructure the police department, enhance the authority of the Community Police Review Board (CPRB) and reduce disproportionate minority contact, including support of state legislation decriminalizing small amounts of marijuana." (Res. 20-159, p. 2, #6) Status Summary Prior to the start of the 2021 State of Iowa legislative session, the Iowa City City Council will adopt, by resolution, legislative priorities, and share those with our elected State delegation and the Governor's Office. Staff are actively monitoring progress of the Governor's FOCUS Committee on Criminal Justice Reform and the NAACP / Iowa Police Chief's Association Equity Committee. Next Steps Target Date Milestone Action Group(s) December 1, 2020 Adopt 2021 Legislative Priorities City Council Accomplishments Participated in June 19, 2020 work session between the NAACP and local, state and federal law enforcement agencies. Committed to working collaboratively on local and statewide reform and accountability measures through a new Equity Task Force co-chaired by the Iowa Police Chiefs Association and the Iowa/Nebraska NAACP. A summary of this first meeting is available here. Resolution "Continue use of the racial equity toolkit by city departments and expand such training to the City Council, and work with our local business partners to educate and train the business community on use of a racial equity toolkit." (Res. 20-159, p. 2, #7) Status Summary Staff prepared a memo outlining the City's use of the racial equity toolkitwhich is included in the July 23, 2020 City Council information packet. City staff will continue to expand knowledge and use of the toolkit and update City Council as appropriate. Additional racial equity toolkit training will be prepared for both the City Council and the business community. The City also conducted a training session on July 22 with the local business community entitled, "Culturally Responsive Communication." Due to overwhelming interest in this training, an additional 50 spots were added. This increased the maximum capacity to 150, which was quickly filled and the training was held via Zoom on July 23, 2020. Staff will continue to curate additional training opportunities. Next Steps Target Date Milestone Action Group(s) September 9, 2020 Deliver initial implicit bias training opportunity for landlords/property managers. Staff Upcoming City Events Promoting Racial Equity + Social Justice The Senior Center's August 2020 Virtual Proarams include several racial equity education and discussion opportunities. Programming includes a film/discussion on the criminal justice system and restorative justice and a book discussion on Between the World and Me. August 1 1, 2020: Presentation of Iowa's African-American history, held by the African-American Museum of Iowa at 1:00 p.m. via Zoom. Learn more and sign up here. The Iowa City Public Library has launched an ongoing Read Woke Program (all ages) and is providing a list of free movies about race, racism, and cultural identity available on Kanopy. Accomplishments • July 22, 2020: Culturally Responsive Communication training delivered to 100+ members of the local business community. • July 23, 2020: Staff completed a memo on the City's use of the racial equity toolkit. 10 • July 2020: Various Senior Center programming opportunities related to white privilege, structural inequities, and implicit bias. Resolution "Request and receive, by January 1, 2021, a report and recommendation from the CPRB, in consultation with an attorney of its choice, regarding changes to the CPRB ordinance that enhance its ability to provide effective civilian oversight of the ICPD, including but not limited to those that address compelling the testimony of officers, with the report to include a summary of measures considered and rejected by the CPRB, whether it be for policy or legal reasons." (Res. 20-159, p. 2, #8) Status Summary This action will be coordinated directly by the City Council's Community Police Review Board (CPRB). The CPRB initiated discussion at their July 14, 2020 meeting with plans to gather information and suggestions for changes and discuss further at the August meeting. Next Steps Target Date Milestone Action Group(s) August 11, 2020` Continued discussion of action and recommendations by the CPRB CPRB December 31, 2020 CPRB to deliver report and recommendation to the City Council CPRB *CPRB meeting dales subiect to a quorum of members Accomplishments 11 Resolution "Direct staff to provide a detailed expenditure summary of the police budget on the City's website." (Res. 20-159, p. 2, #9) Status Summary Additional budget information was added to the Iowa City Police Department webpage in June of 2020. That information is available on the Police Budaet webpaae. Staff will continue to increase transparency about the Police Department operations through revised web content in 2020-2021. Additional budget information will be added with the release of staff's proposed fiscal year 2022 budget. Some items staff will be working on gathering to publish on the website include recent community policing alternative policing efforts and investments, analyses of calls for service, past and future diversity efforts related to hiring and recruitment, and general improvements to the navigation and accessibility of the PD webpage. Next Steps Target Date Milestone Action Group(s) Dec. 15, 2020 Update Police Department website with additional budget and operational details Staff Accomplishments • Additional fiscal year 2021 budget information was posted in June 2020 and is available at: https://www. icgov.org/city-govern ment/departments-and-divisions/pol ice-department/police- department-budget. 12 Resolution "Send the letter attached as Exhibit "A" to the Johnson County Sheriff supporting divestment of the MRAP (Mine Resistant Ambush Protected) vehicle and obtain a report from city staff on the military grade equipment in the ICPD's inventory and the federal contracts that provide support to the police department." (Res. 20-159, p. 2, #10) Status Summary A written letter from Mayor Teague to the Johnson County Sheriff supporting the divestment of the MRAP vehicle was sent in June of 2020. City staff has initiated work outlining all military grade equipment in our inventory and compiling a list of all federal contracts from 2017 to the present that provide support for the Iowa City Police Department. Next Steps Target Date Milestone Action Group(s) August 27, 2020 Deliver a report to Council on military grade equipment Staff, City Council August 27, 2020 Deliver a report to Council on federal contracts supporting the Iowa City Police Department Staff, City Council Accomplishments • Mayor Teague submitted a letter to the Johnson County Sheriff on June 17, 2020 supporting divestment of the MRAP vehicle. A copy of the letter can be viewed here. 13 Resolution "Direct the City Manager to expressly ban, in the ICPD's general orders, any use of chokeholds or any other maneuver that cuts off oxygen or blood flow." (Res. 20-159, p. 2, #11) Status Summary _ The Community Police Review Board will review and consider an updated Use of Force General Order (G.O.) at their next meeting. The proposed G.O. is included in the August 6, 2020 CPRB meeting agenda padcet, which can be viewed online. Note: Consideration of the G.O. was planned for the August 11, 2020 meeting, but this meeting was postponed due to the severe storms impacting the area and connectivity on August 10th. A revised meeting date is to be determined. The new meeting date will be published on the CPRB web page and announced via a news release (subscribe to notifications from boards and commissions here). Next Steps Target Date Milestone Action Group(s) August 11, 2020* Community Police Review Board to review updated Use of Force General Order Staff, CPRB *CPRE meeting dates subiect to a quorum of members Accomplishments • CPRB last reviewed the Iowa City Police Department's General Order on Use of Force at their October 8, 2019 meeting. The board recommended changes and those were incorporated by the Iowa City Police Department. The General Order was re -issued by the Police Department on October 23, 2019. 14 Resolution "Direct the City Manager to ensure the ICPD's policy and practices regarding employment of officers is consistent with the goals of recently enacted Iowa House File 2647 to ensure that officers working in Iowa have not committed serious misconduct, as defined therein." (Res. 20-159, p. 2, #12) Status Summary The Iowa City Police Department recruitment process already contains a robust background check process that includes a review of past employment history. Candidates with a history of serious misconduct are not considered for employment with the Iowa City Police Department. As the Iowa Law Enforcement Academy develops rules for the implementation of House File 2647, staff will adjust policies accordingly to ensure complete compliance with the new law. Next Steps Target Date Milestone Action Group(s) TBD — Dependent Update Human Resource policies as needed to ensure Staff upon when the State compliance with HF 2647 of Iowa releases rules Accomplishments 15 Resolution "Direct the City Manager to review the systems and reporting mechanisms in place at the ICPD for evaluating compliance with the ICPD's Body Worn Cameras and In -Car Recorders general order, ensure that such systems result in consistent compliance with the general order, revise as necessary to achieve that goal, include real consequences for non-compliance, and report back to the Council upon completion of the review." (Res. 20-159, p. 3, #13) Status Summary Staff has initiated another review of the General Order on body cameras and car recording systems. Per past practice, such updates will be provided to the Community Police Review Board for their review and comment. A final report to the City Council will be issued. Next Steps _ Target Date Milestone Action Group(s) September 3, 2020* Staff to present updates to the General Order to the Community Police Review Board Staff, CPRB October 15, 2020 Staff to deliver final report to the City Council Staff, City Council *CPRE meeting dales subject to a quorum of members Accomplishments • The Community Police Review Board reviewed and approved the General Order on Body Cameras and In -Car Recorders at their February 1], 2020 meeting. 16 Resolution _ "Direct the City Manager to revise the ICPD's general orders to require officers to intervene and stop excessive force used by other officers and report the incident directly to a supervisor, and enter into a memorandum of understanding with other law enforcement agencies regarding such intervention when the excessive force is being used by an officer of another agency such as that currently being discussed and circulated among area law enforcement attached as Exhibit "B"" (Res. 20-159, p. 3, #14) Accomplishments • June 19, 2020: ICPD staff participated in ioint work session between the NAACP and local, state, and federal law enforcement agencies. At the joint work session, Iowa City joined five area law enforcement agencies in signing a Duty to Intercede MOU. • On July 14, 2020, the Community Police Review Board (CPRB) approved, with no changes, the new Duty to Intervene and Report General Order provided by staff. An executed copy of that General Order can be viewed online and has been issued to ICPD staff/officers. 17 Resolution "Request and receive a report and recommendation from the City's Public Art Advisory Committee, after input from and consultation with local Black artists, on measures Council should consider to provide opportunities for artistic expression by the Black Lives Matter movement and communities of color, including but not limited to visual arts as well as a public festival dedicated to the celebration of Black culture." (Res. 20-159, p. 3, #15) Status Summary At their August 6 regular meeting, the Public Art Advisory Commission (PARC) approved a motion to the City Council to proceed with a Black Lives Matter inspired mural project which will be featured on the two stair towers of the Capitol Street Park ramp seen from Burlington Street. The proposal, presented by Public Space One and the Center for Afrofuturist Studies, includes several components, including: community youth and consultant's participation in the design and creation of the mural, fellowships provided to a local Bladc artist, film documentation of the process, interviews/conversations around the project, and release of a documentary in Spring/Summer 2021. The mural is proposed to be located on the stair towers of the Capitol Street Parking Ramp along Burlington Street. City Council will review the proposal at their August 18 regular meeting and, if approved, creation of the mural is expected to begin in early September and completed by late October. Additional details on the project will be forthcoming. Staff will continue to engage additional local arts organizations to further this objective. Planning of a public festival celebrating Black culture is on hold until further City Council discussion and direction. Next Steps Target Date Milestone Action Group(s) Aug 18, 2020 City Council to consider PAAC recommendation. City Council TBD* Community involvement in the public art project; details PARC, public, Public forthcoming from the sponsoring groups. Space One, Center for Afrofuturist Studies Fall 2020* Creation of the public art project, with expected completion PARC, Sponsoring Groups, by the end of October 2020. Artists *Dependent upon City Council approval of the project In Resolution "Prohibit the use of tear gas, rubber bullets, and flashbangs against peaceful protestors." (Res. 20-159, p. 3, #16) Status Summary Immediate direction has been provided to the Iowa City Police Department. Any policy update on this item is on hold until the completion of the investigation in action item #4 of this resolution. Staff will use the report of the June 3, 2020 events and City Council's related discussion of these reports, to inform their review of all policies and ensure any relevant updates to policies are completed. Next Steps _ Target Date Milestone Action Group(s) TBD Receive and discuss report on June 3, 2020 protest response City Council Accomplishments 19 Resolution "Beginning in calendar year 2021, Juneteenth, June 19, shall be a city holiday and shall replace an existing city holiday." (Res. 20-159, p. 3, #17) Status Summary Under State law, holidays are mandatory subjects of collective bargaining for public safety unions and permissive subjects of bargaining for non-public safety unions. The City Manager's Office will be reaching out to all three unions representing city employees to request that Juneteenth replace an existing holiday. Next Steps Target Date Milestone Action Group(s) October 1, 2020 Obtain needed agreements from unions to replace an existing holiday with Juneteenth Staff Accomplishments 20 Item Number: 4. A CITY OF IOWA CITY www.icgov.org August 13, 2020 Pending City Council Work Session Topics ATTACHMENTS: Description Pending City Council Work Session Topics =? Fo CITY OF IOWA CITY UNESCO CITY OF LITERATURE PENDING CITY COUNCIL WORK SESSION TOPICS August 12, 2020 Other Topics: 1. Evaluate need for a Local Option Sales Tax (LOST) and other alternative revenues 2. 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. 3. Discuss alcohol usage policies in City parks 4. Discuss possible changes to residential zoning classifications to allow and/or require a greater diversity of housing types (i.e. missing middle) 5. Consider establishing a cost of development framework that can help guide decisions on how best to accommodate future growth 6. Discuss development of a new comprehensive plan to promote housing affordability throughout the City 7. Explore text amendments to facilitate more neighborhood commercial in residential areas Item Number: 5. A CITY OF IOWA CITY www.icgov.org August 13, 2020 Memo from Assistant City Manager: Iowa City Telecommunications Commission report submittal ATTACHMENTS: Description Memo from Assistant City Manager: Iowa City Telecommunications Commission report submittal Enabling Ordinance CITY OF IOWA CITY MEMORANDUM Date: August 6, 2020 To: Mayor and City Council From: Ashley Monroe, Assistant City Manager Re: Iowa City Telecommunications Commission report submittal The City's cable television franchise agreement with Mediacom expired on August 1, 2018. The end of this municipal franchise removed the Iowa City Telecommunications Commission (ICTC) responsibilities of oversight and left the ICTC unsure of future direction and purpose. Apart from the ability to assist the City with research and consultation about telecommunications topics, the Commission's charge ended with the completion of the franchise agreement and no further duties were established. They sought guidance from City Council in July 2019 with a proposal to resolve these questions. To determine whether it was time to disband the ICTC, the Council consulted with Commission Members. At that meeting, City Council directed the ICTC to review opportunities and information related to the feasibility of establishing a municipal broadband system in Iowa City. If it was determined that the ICTC should continue work on a municipal broadband project with Council approval, the Commission may continue or need to be modified. Without further support for installing municipal broadband, Council said at that time that it would consider disbanding the ICTC. The Telecommunications Commission has recently delivered the municipal broadband report for Council (attached in 8/6/20 Information Packet) and awaits further direction. Council may consider several options for a response to the ICTC. 1) Review the Commission's report on municipal broadband and invite the members for a work session consultation with Council to discuss the report and advise further direction; 2) Upon review of the report, Council may provide guidance for the ICTC without a consultation. Staff Liaison Ty Coleman will convey the Council's wishes to the ICTC and proceed as directed; 3) If Council concludes that municipal broadband is not a priority at this time, or should not be pursued, at City Council's direction, staff will prepare a resolution to disband the Telecommunications Commission, having fulfilled its purpose. Attachments Report: ICTC Municipal Broadband Research Telecommunications Commission creating resolution ICTC Municipal Broadband Research Executive Summary This paper explores why broadband matters to Iowa City residents and examines various metrics that can be used to determine whether current access is sufficient. It provides a summary of results based on a questionnaire sent out to 26 municipalities in Iowa providing internet access, and examines funding and grant options available to help offset the cost of municipal broadband deployments. Lastly this paper then compares the technologies currently available as well as those that will soon be available for providing broadband access to Iowa City residents. Why Broadband Matters Broadband access has become essential to daily life for many Americans. The inequity between those who have access to broadband and those that don't is commonly referred to as the "digital divide'. There have been a variety of studies linking home broadband access to economic and scholastic success. A 2015 Pew Research study highlights the difficulties those without broadband access have in seeking employment. A 2017 Senate Joint Economic Committee study refers to the lack of home broadband access for students as the "homework gap'; this gap affects 12 million U.S. school -aged kids who are at risk of falling behind their peers, since 7 in 10 teachers assign homework that requires broadband access but nearly 1 in 2 households don't have broadband access. A 2019 research article published in The Journal of Law, Medicine & Ethics goes so far as to call broadband access a public health issue, since broadband access intersects with several social determinants of health. COVID-19 has made the impact of lack of internet access even more apparent. The Daily Iowan reports that the Iowa City School District "has provided cellular hotspots to nearly 750 students in grades K-12 and has provided internet service directly to the home through Mediacom to another 130 students", at an estimated cost of $5,000 to $7,000. Superintendent Stephen Murley explains the primary issue with students learning from home during the pandemic is lack of bandwidth rather than access to technology. InformationWeek reports that the temporary shift to work from home due to COVID-19 is likely to become permanent for many. They cite a Gartner study indicating that 74% of CFOs intend to move at least 5% of on-site workforces to remote post -pandemic. Additionally, 17% responded that 20% of those who shifted to work from home will remain there permanently once the COVID-19 crisis has resolved. Current State of Broadband in Iowa City The FCC collects detailed information about broadband availability across the US. The data is collected from internet providers though use of a required Form 477, which providers must file twice a year. The latest publicly available data set is generated from June 2019. The data is distilled into a searchable map available at broad band map.fcc.aov. The figure below shows the results of broadband availability, using the definition of 25 Mbps / 3 Mpsps download/upload speed. It shows that all areas in Iowa City do have access to 25/3 Mbps. Source: htti2s: //broa d ba nd m a p.fcc. gov/#/area-summary?version=jun 2019 &type=place&geoid=1938595 &tech=a cfosw&speed=25 3&vlat=41.65173690288432&vlon=-91.54909460189492&vzoom=11.9301596115349 43 Increasing this to the next available data rate shows availability beginning to diminish. 1.9% of households do not have access to 100 / 10 Mbps. I; �- y Source: https: //broa d ba nd m a P.fcc. gov/#/area-su m ma ry?version=i u n 2019 &tvpe=place&geoid=1938595 &tech=a cfosw&speed=100 10&vlat=41.65173690288432&vlon=-91.54909460189492 &vzoom=11.93015961153 4943 The table below summarizes this data. It shows that the infrastructure for lowest speed broadband is available in Iowa City. However, subscribers may not be able to afford the service in their area. Additionally, higher speeds networks are not available to all residents. Speed (Mbps, upload/download) Percentage with 0 Providers 25/3 0.0% 100/10 1.9 250/25 6.1 1000/10 86.2 Source: https://broadbandmap.fcc.gov 3 Other Municipal Broadband Deployments in Iowa In an attempt to learn from the experience of other Iowa communities who have implemented municipal broadband, a survey was developed and sent to key contacts at each of the 26 municipalities identified as offering broadband service. The response rate was low, with only 4 municipalities responding - Indianola, Osage, Vinton, and Waverly. The full survey results are included in a separate PDF document In summary, the four responding municipalities are far smaller than Iowa City with the largest population being reported as approximately 15,000 in Indianola. The cost of feasibility studies were reported as ranging from $20,000 to $60,000. Approximate total costs to build the broadband networks were reported to range between $10 million and $15 million. Cost to residential customers for 100 Mbps download speed broadband ranged from approximately $50/month to $64/month, this is comparable to the cost of existing broadband options available in Iowa City. Funding and Grant Options Several grant opportunities exist for building infrastructure, and/or subsidizing access to new or existing networks. These exist at the Federal, State and Local levels. Federal Grants The NTIA currently handles about $4 billion in projects related to expanding broadband access. This includes $120 million in grants to match state investments. NTIA no longer has funding available and is not accepting applications for these programs at this time. It could be worthwhile in the future to investigate future grant opportunities if funding is made available again at https://www.ntia.doc.gov/category/grants State of Iowa The state also has resources to further broadband access including grants, rural initiatives and tax exemptions. Unfortunately, the state website states that there are no grant opportunities at this time. Future grants will be published on the Office of the Chief Information Officer of Iowa's website at https://ocio. iowa.aov/broad ba nd-grants El Municipal Broadband Deployment Options This is a relative comparison of currently available and soon to be available technologies. A feasibility study would have to be conducted in order to determine whether any of the deployment options would be a good fit for Iowa City. Currently Available Technologies Wired There are three wired options for delivering broadband service - digital subscriber line (DSL), cable, and fiber. DSL is the transmission of data over copper telephone lines. While this technology does meet the requirements of being designated as broadband, its bandwidth is limited and may not be suitable for the needs of some consumers. Cable broadband is generally faster than DSL, better suiting the needs of a wider range of consumers. A disadvantage to cable broadband is that multiple consumers on the same network segment share the connection. This shared connection can slow down significantly during peak usage times when multiple residents are accessing the internet at the same time. The third wired connection technology is fiber optic cable, also known simply as fiber. Fiber uses pulses of light to transmit data. Fiber provides a higher bandwidth and has a lower cost of maintenance. Installing fiber can be extremely costly. Wireless Mesh A wireless mesh network is a network consisting of multiple radio nodes connected in a mesh topology, meaning each node can connect to any other node in range. In general there tend to be two major topologies for mesh networks - community (decentralized) and municipal (centralized). Wireless community networks are decentralized networks with multiple gateway nodes (those with direct internet access). This model requires internet subscribers willing to share their access. These subscribers can be companies or individuals. Municipal wireless networks are centralized networks in which there is an operator acting as a wireless internet service provider. This model is typically architected as a partnership between the local government and a private firm. 5 Advantages of wireless mesh are they are relatively low cost and can be architected with redundancy. They are low cost because they don't require extensive cabling, which is costly both in raw materials and installation cost. Wireless mesh radios are also relatively inexpensive. Mesh networks can be designed for redundancy, though in a typical municipal deployment there are fewer gateways than in a community network, meaning lower redundancy. Disadvantages of wireless mesh are reliability and latency. Wireless connections are simply less reliable than wired connections since they are impacted by other signals sharing the same frequency, physical obstacles, and even weather. Wireless mesh networks can also have significant latency depending on the number of nodes between the end user and a gateway. Technologies Being Developed There are a couple significant technologies that are being actively developed at this time that have the potential to offer broadband connections without the need for conventional infrastructure. 5G Wireless The first technology is fifth generation cellular networking, commonly referred to simply as 5 . 5G networks operate on up to 3 frequency bands, low, medium, and high. The three bands are deployed depending on desired bandwidth and coverage: • Low -band 5G —download speeds of 30-150 Mbps, similar frequency range and coverage as current 4G cellular networks. • Mid -band 5G — download speeds of 100-900 Mbps, higher frequency than 4G with each tower covering up to several miles radius. • High -band 5G — download speeds of up to 1000 Mbps (1 Gbps), much higher frequency than 4G and due to lack of signal penetration will only be deployed in dense urban environments and areas where large crowds of people are expected to congregate. Based on these descriptions Iowa City and surrounding areas should expect to see some combination of low -band and mid -band. Although low -band download speeds qualify as broadband per the FCC's definition (set at 25 Mbps download/3 Mbps upload), some argue this is too low. An Ars Technica article from 2019 makes the argument that 5G does have the potential to replace home broadband, depending on the type of deployment. 5G in various forms has already been deployed in many major population centers, and according to some carriers is already available in Des Moines and other parts of Iowa. While there's little doubt that 5G will provide increased cellular network coverage and speed for most Americans, when that coverage will include Iowa City and what speeds at what cost are yet unknown. M Low Earth Orbit Satellite The other technology is low earth orbit (LEO) satellite, the biggest player in which is SpaceX's Starlink. LEO satellite differs from conventional satellite connections in that the satellites orbit the earth at a much lower altitude, significantly reducing latency. This technology has the potential to provide coverage to hard to reach areas, including rural areas in which traditional wired infrastructure is far too costly to deploy. SpaceX has stated that 400 satellites are needed for minimal coverage, and at least 800 are needed for moderate coverage. On April 22 of this year SpaceX launched 60 satellites to bring the total number in the Starlink constellation to 422. Fewer details are available about the Starlink service, though it has been tested by the U.S. Air Force Research Laboratory since 2018, and has demonstrated a data throughput of 610 Mbps to a U.S. Military aircraft in flight. As of last year, SpaceX has claimed they will start offering the service to consumers in 2020. Pricing has not been announced, though SpaceX COO Gwyne Shotwell has specifically mentioned millions of people in the U.S. pay $80 per month to get "crappy service", leading some to speculate the service could cost around that amount. Conclusion This concludes the ICTC research into municipal broadband. The ICTC will wait for feedback from Iowa City City Council on what the next step is and whether it should involve the ICTC. 7 Chapter 4 CABLE TELEVISION Division 1. Enabling Ordinance 12-4-1: SHORT TITLE: This chapter shall be known and may be cited a$ 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 (2001). 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. 8. 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. Poie 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. 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. 1. 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 12-4-1 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 12-414 of this chapter; and 3. A letter of credit asset 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. I. 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: 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: 1. 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 not 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, 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 If 2) 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: 1. 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 parry 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 subscriberluser, 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 subscriberluser 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 opportunitylaffirmative action employer adhering to all federal, state or municipal laws and regulations. Pursuant to 47 GFR, 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 (80) 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. I. 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, it 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: 6. A CITY OF IOWA CITY www.icgov.org August 13, 2020 UPDATE - Endless Possibilities: Iowa's African American History presentation [POSTPONED] ATTACHMENTS: Description UPDATE - Endless Possibilities: Iowa's African American History presentation [POSTPONED] Ashley Platz From: City of Iowa City <CityoflowaCity@public.govdelivery.com> Sent: Wednesday, August 12, 2020 4:42 PM To: Ashley Platz Subject: Update - Endless Possibilities: Iowa's African American History presentation postponed due to storm damage 0 SHRRE Having trouble viewing this email? View it as a Web page. City of Iowa cinr FOR IMMEDIATE RELEASE Date: 08/12/2020 Contact: Stefanie Bowers Equity Director Phone: 319-356-5022 Update - Endless Possibilities: Iowa's African American History presentation postponed due to storm damage Endless Possib*lities 4-Aw Awea ffe"M'"g, chumanrights Update: This program has been postponed due to storm damage that has resulted in widespread power outages and internet service loss in our area. A new date will be announced in the future. The African American Museum of Iowa will give a presentation entitled "Endless Possibilities: Iowa's African American History" at 1 p.m. Thursday, Aug. 13, 2020, via Zoom. Those who take part will learn that Iowa was the first state in the US to officially integrate public schools in 1868, just three years after the Civil War. Surprised? This and so much more is part of Iowa's wealth of African American history. From York, the first African American in Iowa and member of the Lewis and Clark expedition, to the first Black president, Barack Obama, African American history is American history and Iowa has many stories to share. How to take part in this presentation 1. Follow link to Zoom meeting. Those interested should join the link 15 minutes early to ensure a spot. The presentation is capped at 100. 2. Or visit Zoom and use the following to login: o Meeting ID: 857 9360 6944 o Password: 533712 The presentation is hosted by the City of Iowa City's Office of Equity and Human Rights and Johnson County Government. itqr"$ f no�'ei Questions? Xdir Contact Us CITY OF 10WA CITY ON XO till OF tit tftAlltRt STAY CONNECTED: I f 1wLiV L SUBSCRIBER SERVICES: Manage Preferences I Unsubscribe I Help This email was sent to ashley-platz@iowa-city.org using GovDelivery Communications Cloud on behalf of. City of Iowa City 410 E Washington Street Iowa City, IA 52240 WDFUYEW Item Number: 7. A CITY OF IOWA CITY www.icgov.org August 13, 2020 Iowa College Access Network (ICAN): Careers in Building Trades Brochure ATTACHMENTS: Description Iowa College Access Network (I CAN): Careers in Building Trades Brochure lr�� n Explore Careers: Find the Right Career for your future success. p. 6 Get Started in High School Learn about Pre -Apprenticeships programs. p. 9 Earn As You Learn. Get paid while you train for your future. p. 10 Explore 17 Registered Apprenticeship Programs and find your future. p. 10-35 ICAN ► Sucomd. In Education. In Career_ M Life. W�� —` f 4 •� 3 V `W i LL o N ai Lncn gi O m Qo 8 U d cn O 00 a Q `Si z O i N Ln ~ N ,`I LL `V. s al m z = u E N E ° = Y u 5 r o a o r p U< C3 c 5 .21 ^' . _ �v v Y J o `o c m u= _ v Y ' �_ W w E '„ L w w 2 ° N Of _ 4, U -O w O1 W O m L O O C J i N. 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E « y, s v y, � 3 a � 2� This booklet is sponsored by: 1OWNS BUILDING TRADES UNIONS BnilQ7gg lv+.n • 8arliAlhgr ATrti1i[n Iowaconstructloncareers.com CITY OF 10M CITY VNEgM CIIIV OF L1TMA1 VRE icgov.org/ ualocal l25.org !!#lfMi1"�lI Building Excellence miron-construction.com AMERICA'S ER11ffMr TRADE51! ONS wl. rn mom tw mrc tcbui Id ingtrades.com crejatc.org builtbypros.com L IOWA wuana a nwlala iowalaborers.com DiF Uigwasmrcf long -' Labor Center BAC LOCAL 31A baclocal3ia.org laborcenter.uiowa.edu rr I IUIWINI CIMUMOH � ibewlu347.org ICAN® does not endorse the product, service or advice of any outside institution or entity. Students should exhaust all other financial options before borrowing and compare several loan products to obtain the best rate. Students should consider many options in pursuing higher education and find the right fit for their life situation and career aspirations. Item Number: 8. A CITY OF IOWA CITY www.icgov.org August 13, 2020 Civil Service Examination: Assistant Superintendent of Parks ATTACHMENTS: Description Civil Service Examination: Assistant Superintendent of Parks �,. . 3 aft S%i®►�� CITY OF IOWA CITY 410 Eas4 Washington Street Iowa City, lona 52240-1826 (319)356-5000 (319)356-5009 FAX www.icgov.org July 23, 2020 TO: The Honorable Mayor and the City Council RE: Civil Service Entrance Examination — Assistant Superintendent of Parks Under the authority of the Civil Service Commission of Iowa City, Iowa, I do hereby certify the following named person(s) as eligible for the position of Assistant Superintendent of Parks. Joshua Worrell Iowa City Civil Service Commission Rick yss, Chair Item Number: 9. A CITY OF IOWA CITY www.icgov.org August 13, 2020 Johnson County Affordable Housing Coalition: News and Updates ATTACHMENTS: Description Johnson County Affordable Housing Coalition: News and Updates Kellie Fruehling From: Johnson County Affordable Housing Coalition <jcaffordablehousing@gmail.com> Sent: Friday, August 7, 2020 1:39 PM To: Council Subject: Take 5 minutes and ACT Alt News and Updates from the Johnson County Affordable Is this email not displaying correctly? Housing Coalition! View it in your browser. JOHNSON COUNTY Affordable Housing Coalition Safe, stable housing for all is ALWAYS goad public policy. And, the importance of affordable and permanent housing has never been more clear. Take five minutes today to support housing! 4 -GALL our US Senators and ask them to support 1) a national uniform moratorium on evictions and foreclosures 2) $100 billion in federal rent relief to keep everyone safely housed through the pandemic. Ernst: (202) 224-3254 Grassley: (202) 224-3744 1rEMAIL Iowa City Council to thank them for providing funding and lowering barriers for local rental assistance. Their focus on affordable housing MATTERS. council@iowa-city.org 4 DONATE to your favorite nonprofits who are working so hard to keep Johnson County safely and stable housed. Shelter House: https:Hshelterhouseiowa.org/donate/ Community: https://builtbycommunity.org/donate/ Habitat for Humanity: https://www.iowavallevhabitat.org/donate- today.html Domestic Violence Intervention Program: https:Hdvipiowa.org/donate( Houses Into Homes: https://www.housesintohomes.org/donate2 Center for Worker Justice: https://cwiiowa.saisalabs.org/SupportWageWorkersCOVI D19/index.html? HACAP. https://www.hacap.org/how-to-help/how-donate/ Access 2 Independence: https://access2independence.org/get- involved/donate/ Inside Out Reentry: httl)s://www.insideoutreentry.com/donate/ irBECOME A MEMBER of the Affordable Housing Coalition! htti)s://www.icaffordablehousing.or_q/become-a-member Thank you, friends! --Sara Barron, Executive Director Copyright © 2020 Johnson County Affordable Housing Coalition, All rights reserved. ({ mailchimp You are receiving this email because you signed up at an event or meeting. Our mailing address is: Johnson County Affordable Housing Coalition 308 E. Burlington St. PMB 121 Iowa City, IA 52240 Add us to your address book unsubscdbe from this list j update subscription preferences i view email in browser Item Number: 10. A CITY OF IOWA CITY www.icgov.org August 13, 2020 Climate Action Commission: August 3 ATTACHMENTS: Description Climate Action Commission: August 3 MINUTES PRELIMINARY IOWA CITY CLIMATE ACTION COMMISSION AUGUST 3, 2020-3:30PM—FORMAL MEETING ELECTRONIC MEETING Electronic Meeting (Pursuant to Iowa Code section 21.8) An electronic meeting is being held because a meeting in person is impossible or impractical due to concerns for the health and safety of Commission members, staff and the public presented by COVID-19. MEMBERS PRESENT: Madeleine Bradley, Stratis Giannakouros, Grace Holbrook, Kasey Hutchinson, John Fraser, GT Karr, Jesse Leckband, Becky Soglin, Eric Tate MEMBERS ABSENT: Matt Krieger STAFF PRESENT: Sarah Gardner, Ashley Monroe, Brenda Nations OTHERS PRESENT: John Barr, Zach Harrelson, Benjamin Grimm RECOMMENDATIONS TO CITY COUNCIL: None CALL TO ORDER: Soglin called the meeting to order. APPROVAL OF JULY 6, 2020 MINUTES: Fraser moves to approve the minutes from July 6, 2020. Tate seconds the motion, a vote was taken, and the motion passes 8-0 (Giannakouros not present for the vote). PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA: John Barr just wanted to thank Juli Seydell-Johnson for her extensive update on the plans by the parks department. Certainly, the question he posed in June was pretty broad, not just specific to Scott Park, and she did a great job of providing a broad overview, but he thinks it is Climate Action Commission August 3, 2020 Page 2 of 10 incumbent upon everyone with this specific park issue to then come back and make it more specific in a future date. Benjamin Grimm gave quick update on the school district progress and climate actions, they are trying to find a consultant to look at the whole breadth of their climate action efforts and their entire operation and what they've implemented and what they can still implement. Their goal is to figure out some sort of plan that would work into the facility's master plan 2.0 effort, which he believes is slotted for 2023. He also noted there is some movement again on the environmental stuff with the AmeriCorps staff and they are going back and revisiting their recycling pilot programs at the one junior high, one high school, and one elementary school. Grimm stated given the current COVID situation, they're kind of waiting to see how that all pans out as to when students were back in the building and how they would actually implement that with the projected cafeteria complex complications with social distancing and everything. STAFF/COMMISSION ANNOUNCEMENTS: Action Items from last meeting: Nations noted the first one was for her to add the co -benefits sheet to this packet, which she did. She added that Soglin worked on that and it is in the packet and they're also on the Google Drive. Nations sent the link for the transportation. She also sent the Human Rights Commission statement about the recent developments that was requested. Finally, she got the future zoom meetings set up. Updates from Climate Action and Outreach Office: Nations stated they're going to be doing these updates every other month in rotation with updates of the 100 -day report. Some of the recent activities that they've been doing are they just awarded the climate action grants, they awarded seven and they're listed on page 17 of the packet. They also finished up the fiscal year 2020 grants except for two that wanted an extension because of COVID reasons, which was granted. Nations noted they're finalizing two more grants and have an award to Johnson Clean Energy District on hold for now until they get things going with the new AmeriCorps members. They launched the Climate Action at Work, the green business recognition program. They have ten applications so far that they're hoping to award businesses or organizations for their climate action work. Nations asked if there is a Commissioner that would like to review the nine applications and help staff make decisions Regarding the metrics, which will be discussed in more detail later, she listed out all five categories which she is hoping they can agree on tonight and then she can have two or more years of data to present next month to see how it's looking from when they completed the Climate Action Plan because they'd like to have an update for the two year anniversary. Nations noted the monarch festival launched on Sunday, it was a virtual festival but very popular as they had in less than 24 hours over 1000 hits, which is pretty good because that's twice as many as they probably had at an actual in person festival. We have some good videos and really cool information. The Farm to Street event has been cancelled for this year. Gardner is working on the climate festival and the publicity is going to launch this week. Gardner stated the climate festival website is live and ready to be viewed. There are some interactive elements that will be added in as they're developed, including the launch video, which was just Climate Action Commission August 3, 2020 Page 3 of 10 completed today. She noted they are anticipating the first press release going out this week, and then they'll start marketing that pretty aggressively in the weeks ahead. Gardner added they are continuing their outreach to businesses and organizations to participate and have gotten some wonderful responses back already. Utility insert ads and advertising about the event went out over the weekend. Gardner next discussed the marketing RFP, noting they are just finalizing the dates as to when folks need to get questions to them for the question and answer section and also the date then for the final application. They expect that to be nailed down and then the RFP itself will go out this week. Nations asked if Gardner had any updates on the climate ambassador program? Gardner stated she did, and she's been making some wonderful headway in developing the modules for that. She noted they seem to be on track to launch the application for it during the climate festival and then expect the program itself then to launch sometime in October. Nations noted they did finalize getting the contract for the EV readiness planning program, it was awarded to ICF, which is a consulting firm that has done both regional and city EV readiness plans. They are excited to start kicking that off and so they'll have their first call with them sometime in the next week or two. Nations stated she still have not gotten all the information she needs to to complete the greenhouse gas inventory for 2019, she needs information from MidAmerican and from Eastern Iowa Light & Power. Monroe next discussed the tree planting project and the Fair Trade information that's in the agenda packet. One of the objectives in the Accelerating Climate Action Report is framed as a private tree planting effort in coordination with Project Green. Monroe said they are still continuing to pursue a potential partnership with Project Green and hopefully this project can start that. It's a pilot program that would be an instant rebate for any customers that would like to purchase a tree. They haven't finalized the cost share yet but would think that will be indicated by the cost of the actual trees in stock. They've reached out tentatively to both Iowa City Landscaping and Earl May, just based upon the fact that they're based in Iowa City and would be the nurseries that would be more likely to have stock available and additionally partly to support the local businesses. They would coordinate a list of eligible type species in coordination with the City's forestry division and then residents can choose whatever planting is appropriate for them and the City would repay the nursery for the balance of the cost. Monroe noted they are thinking carefully about equity and want to make sure that people are able to transport a tree or can be assisted with any type of delivery or tree planting. Homeowners or property owners who are eligible for some other type of discount or income eligible program at the City will be eligible for assistance with transporting and planting, they have yet to define what the requirement would be for that but are trying to make it as low barrier as possible. Additionally, if somebody comes to the City and has no interest in the program because they can't afford whatever that tree cost is, the City might be able to cover either the whole balance of that tree purchase or a greater portion to reduce the cost dramatically. Monroe is curious about what the Commission's feedback might be about this, please communicate with Nations, 3 Climate Action Commission August 3, 2020 Page 4 of 10 Gardner, her or anyone. Monroe added this effort will be paired with education about tree care, both through the City and through the nursery that's facilitating that action. Monroe stated this program can get more trees in the ground in a quicker amount of time and give the residents a greater responsibility and pride and in that tree care. Tate noted it looks like from an equity standpoint, the City is focusing on access to this program, monetarily and physical ability, etc., and wondered if they are going to track demographic characteristics of who takes advantage of this program so they can assess the equity on the back end. Monroe replied she hasn't given a lot of thought to the racial or ethnic demographics, they would want to track the location of plantings so that they can establish a mapping of whatever the increase to the tree canopy is as well as tracking the geographic distribution of where the trees are planted. She is not sure how they would collect that racial or ethnic information but if the Commission feels very strongly about doing that, they'll figure out a way to do it. Tate asked if there is any sort of application process or any sort of paperwork that needs to be filled out to participate in this program? Monroe replied that is still in development. It could be very simple paperwork in order for them to get a voucher or whatever it is if they distribute it that way. The could include other demographic information on the application as well. Tate stated there's two principles that would work here, one is distributional equity in this resource that the City is providing and the second is the individual one. One approach is to do it based on places so they can compare neighborhoods and parts of the City and the other approach is on the individual level and it's not always easy to compare those and see if the individuals are benefiting from this program, are they representative of the area of town that they live in, for example, and just looking at area of town can only tell so much. Therefore, if they want to look at the distributional equity of this and any other program, they need to collect the data. Monroe stated if they have a general consensus or a lack of opposition they will work through the finer details of the program and she is hoping to get this out later this month so people can start planting in the fall when it gets a little bit cooler. Perhaps they can work through the working groups maybe to bring it back and just fine tune anything with the equity working group and maybe the outreach groups and make sure they're okay to go ahead. The Commission agreed to a general consensus of the program. Giannakouros added there is a website called native plant finder, and it's run by Dr. Tallamy, at the University of Maryland, and they've developed a way that one can prioritize and rank what kind of trees or shrubs are planted in a yard by zip code and therefore maximizing the interactions of moths, butterflies, etc. He noted on campus they plant a lot of gingko and it might as well be made of concrete as it's useless in terms of biodiversity. So, it depends on what the program they're trying to do is if it's like shade trees and those benefits versus biodiversity that should be prioritized. The City arborist probably knows the same things but he would like to see some kind of an assist to homeowners so that for example planting an oak is probably the most important thing they could plant in the backyard as it has such a an impact on moth species and that in turn leads to caterpillars which leads to birds having food. M Climate Action Commission August 3, 2020 Page 5 of 10 Giannakouros is happy to discuss this more offline but thinks it would be cool to see that biodiversity component, at least the education piece so if someone decides not to get a tree like that, they at least understand the impact that decision can have on biodiversity in the City. If it isn't done in private backyards, we're not going to have tons of biodiversity. Monroe agreed and thanked Giannakouros for bringing that up, they absolutely want to encourage the biodiversity, that will be part of that education component and part of that pre- selected species. The City wants to share why the there are certain preferred trees. Nations asked about this website where you can look at it by zip code and see the lists all of the different tree species. Giannakouros said there's a website called native plant finder, and it's run through a National Wildlife Federation and Doug Tallamy is the advisor to that effort. It's not really user friendly, or super intuitive. Soglin stated she would have a concern about upkeep of the trees through the first two or three years and whether folks are going to be provided things like fencing if they're in an area with deer, and other help maybe in that first and second year. She noted that the failure rate of trees can be so high and obviously they would want to avoid that. Monroe agreed noting they are experiencing that quite a bit with the publicly transplanted trees, so they are definitely sensitive to that and yes they want to provide resources and make sure that that people have whatever supplies or guidance that they need. She thinks this would be a really great opportunity for some type of volunteer group or connections for Project Green or others to help with that effort. Leckband stated he would be remiss if he didn't add they need to be sure to include some information about One Call if they're digging holes in their yard. They don't want anyone hitting a gas line or a power line or water line or sewer line when they're digging. Frasier stated he happen to notice on a neighborhood website the other day someone had been on vacation or something and came home, this was in Manville Heights, and they noticed that a number of trees had been removed and they were rather shocked about this. Frasier understands that a tree is not a tree is not a tree is not a tree but at the same time, he is wondering since they're enforcing this concern, and really building on planting trees, planting trees, planting trees, if there's a possibility of putting up some sign or billboard or notice, so when people see that trees are being assassinated, they understand why and what the reason is and that the trees are in fact going to be replaced, etc., so you there isn't an undue concern on the part of the citizenry. When they take out trees maybe they ought to make an extra effort to notify the population why that is, in fact happening. Monroe acknowledged that's a good comment and stated that Parks and Recreation does give notice to people but there are instances where that could be missed. If there are other ways the City can go about notifying neighborhoods or areas then she is happy to pass the message along to staff. Monroe wanted to mention that she, Nations, and Wendy Ford from the City met with MidAmerican staff the other day about their rebate and incentive programs that are residential and commercial scale. It's helping the City to develop a better, more informed program as they move forward with the TIF and urban renewal area project that is in the process of approving final approval to move ahead with amending those areas so they can get rebates for energy efficiency projects. MidAmerican gave them a bunch of good ideas that she thinks they can Climate Action Commission August 3, 2020 Page 6 of 10 move forward into new development with the Commission for additional electrification projects and those kinds of things. The final thing Monroe wanted to mention is the Fair Trade campaign information that was included in the agenda packet. Just as an FYI the Human Rights Commission has been in discussion about implementing an effort to join the Fair Trade campaign for the City and she just wanted to add it to their awareness that another Commission is in discussion about this. Of course, there's climate implications that go along with the Fair Trade initiatives so there can be further discussion at another date, but she wanted to include it so that they're aware that a resolution has been drafted. It hasn't been brought to Council yet, but they're getting close. Nations shared that Katie Sarsfield decided to resign from the Commission and that's why she's not at this meeting. Because they have applications still that are pretty recent, Council will be probably looking at those to appoint a new member at their next at their next meeting. Giannakouros volunteered to be on the review committee for the climate action at work, the green business recognition program. REVIEW AND DISCUSS FINALIZING ALL METRICS: Nations stated they want to quickly review the metrics and see if there are any comments on the proposed final metrics that were include in the agenda packet. She noted there's still probably a month or so if they gather the data and it doesn't look right or it seems like they forgot something, at the next meeting they can add those. They have spoken with the buildings group and she feels pretty good about getting their renewable energy from MidAmerican and Eastern Line & Power and the Iowa Power Plant and keeping track of that because it has such a big impact on emissions and then looking at residential, commercial and industrial, their greenhouse gas emissions as a group and then they would also include the municipal buildings. She also worked with the transportation working group and discussed looking at vehicle miles traveled, bus ridership, transportation mode split, number of electric vehicles in City vehicle miles traveled divided by the amount of gasoline that they use and those went pretty well and realizing that transportation modes split is estimated data, but it's a good way to see how people are getting around town. Regarding waste she talked to the landfill about looking at the total landfill tonnage, which comes from the whole county, so looking at that divided by the county population, and looking at the recycling and organic tonnage. She'll be working with them on figuring out what numbers are the best. Nations stated the two last ones were actually the hardest to do, she talked to the adaptation and equity group and they're wanting some more data, but it seems like because at every single meeting they talked about trees that they need some numbers about trees for tree canopy and shade. She is going to have some new data on a grant that she's working on but doesn't know if they'll be able to have it annually nor the number of new trees planted. They can track the number of trees planted with the City project, but as Soglin said just because someone plants a tree it doesn't mean in three years, it's still alive. Looking at trees and also the number of trees that the City plants and overall tree numbers seems to be really important to the public and is important for a lot of reasons. They are also thinking about looking at the stormwater management program cost share for residents and maybe also including something for other stormwater public projects too, she will try to find out more and start trying to get the data for that. Finally, she noted Krieger thought it would be Climate Action Commission August 3, 2020 Page 7 of 10 good to track something like the number of organizations doing climate action at work, even though it may not be a big impact on the emissions, but just showing the number of organizations that they recognize, or also the number of people that complete the climate ambassador program. Those last two areas were hardest to find numbers on so if anybody has any input or any ideas of other things that they could track she is totally open to suggestions. Fraser asked if as a group should they have any concern or thoughts relative to COVID impact on recycling pop can and bottles? Is that stuff being recycled since people aren't able to get their nickel for it? Some grocery stores are back in the business of taking some of those, but a lot could potentially end up in the landfill. Soglin notes that is a great topic, but they might have to table it because it's not on the agenda and while it's important to the immediate issue of the metrics, it's kind of a separate issue. Nations added they won't have 2020 data until the middle of 2021 but agrees COVID is going to change a lot of stuff, things like transportation and the data is going to be wonky and they're just going to see a weird year and not trends. OUTREACH AND MESSAGING REGARDING THE CLIMATE ACTION COMMISSION: Soglin noted this refers to the Commission and the goals. What they had asked last time was for everyone to go back to their working group and ask the two questions that were posted here of what can be done now regarding outreach and messaging, and what can or should be done after the marketing report. Perhaps each working groups can report what they discussed and ideas. Transportation: Leckband noted they didn't have a meeting this past month, so they haven't addressed the questions yet. Personally, he feels they need to try to engage on equity and socio-economic differences and transportation modes and impact. Outreach: Gardner stated in terms of what can be done, obviously the ClimateFest next month is going to forward a lot of those goals. One of the things she's been talking about working on with the Climate Ambassador program and Climate Action at Work is consistency of messaging. She is sure that's something they're going to hear in response to the marketing RFP as well. She pointed out that one of the things that all three of those have in common is that each of them focus very specifically on the five sections of the plan and that's just a baseline approach, to make sure people know there are five sections of the plan and then from there build up. She reiterated that once they get the report back in response to the RFP, they'll show how to refine that and build on that messaging. Equity and Adaptation: Hutchinson noted they didn't discuss these questions specifically but one thing that came to light at the meeting with the Refugees Alliance of Johnson County that Nations invited to our last group meeting, was some major communication divides with some groups that they should probably be engaging with. So, she thinks one thing maybe that the equity group can facilitate with regard to what can be done now is identifying those communication divides with assistance from various groups and figuring out how to approach that. Waste Working Group: Bradley noted they haven't had a chance to meet given that Sarsfield resigned, but in terms of what can be done now is to review actionable items within the working groups. Climate Action Commission August 3, 2020 Page 8 of 10 Buildings Group: Soglin shared the building working group discussion on this, they also had some discussion about digital divide, which perhaps intersects with some of the things that adaptation group was concerned about. They thought that for what can be done now is just on active topics to maybe go back to the to the goals and look at them and see what's truly active and where there's opportunity. For example, Karr and Krieger had been reaching out to the realtors and that's happening now, so they want to recognize which of the actions are already in progress. Related to that is if there's a way to give a heads up to groups and individuals that the marketing firm may want to engage with them, so they're first interaction isn't just someone trying to schedule a meeting with them, but give them a head's up that the firm will want their input and this may be happening in a couple months. This will allow them the ability to start thinking a little bit about the topics. There was someone who mentioned that the City of Evanston had done a survey and that might be a good resource. Also, it is important to note the commercial versus residential side of things to really understand that one approach may not meet everybody's needs. And then for going forward, there were thoughts about once the marketing firm is engaged, that the branding be easy for everybody to understand, not too complicated and to always keep in mind the co -benefits as they had noted that was a prominent part of the Ann Arbor Climate Action Plan. EQUITY CONSIDERATIONS FOR ALL CLIMATE ACTIONS Soglin noted she came across the article that Nations included in the agenda packet. A quick summary is as Fraser noted, there's COVID related impacts on things like recycling, and there will be immediate as well as long term effects. This article is about planning and climate related projects, such as, getting folks to be able to eat meals in the streets since they shouldn't be inside a restaurant or closing down streets for bike lanes. There are neighborhoods that have been overlooked, sometimes lower income or neighborhoods of people of color. Given some of the comments that were made at the meeting last time, she just thought it was just a really relevant topic for them to be thinking about going forward. Tate noted one of his takeaways from an article was also whose priorities or projects are being fast tracked? Whose priorities do they reflect? Soglin agreed, noting there is a sentence in the article stating they are fast to make changes that wealthy white residents value. Tate added some of what the author suggested as sort of solutions were along the lines of modes of engagement. He thinks they are a bit challenged, they have to make sure that it's in a place it's accessible and maybe the time that's accessible. Stephanie Bowers talked about some other things like the way that it's advertised or maybe there's free parking or childcare or food or something like that, which is all sort of being up ended by COVID because they're not having any of these in person meetings, which he thinks is probably accentuating the disparities with sort of engagement and opportunities to rectify that. Therefore, he feels they need to be even more thoughtful than pre COVID. Soglin noted that Gardner has connections to other cities on communications and maybe they can learn from other people's successes and unintended mistakes and what works and doesn't work. Fraser noted when he reads articles like this, the term that's coming up in his mind to remind him to think deeper is this term institutional? Institutional, a big deal, it's just institutional is R Climate Action Commission August 3, 2020 Page 9 of 10 embedded everywhere to the degree that they don't even recognize that it's embedded. He must really ask himself is there truly equity or is it institutionalized to such a degree that they need to change a lot in order for there to be equity. UPDATE ON WORKING GROUPS: Equity and Adaptation: Hutchinson noted the majority of her notes were recapping the meeting with Refugees Alliance of Johnson County. Waste: Bradley noted they have not met since the last meeting. Buildings: Soglin noted their major discussion was about the metrics and communications and outreach. Karr added through the Johnson Clean Energy District they have distributed about a quarter of their LED light bulbs in Iowa City, and they're working through the process of trying to get the word out and get those distributed in the COVID world. They're hopefully getting flyers to the neighborhood centers in multiple languages this week, that took a little bit of time to get some translations done, but they're working on that. Transportation: Giannakouros said they did not meet. RECAP OF ACTIONABLE ITEMS FOR COMMISSION, WORKING GROUPS, AND STAFF: Soglin gave a recap of the actionable items. First if any Commissioner had additional thoughts about the tree program make sure to follow up and connect with Monroe on that. Soglin noted Nations had sent out the statement from the Human Rights Commission but it was not officially on the agenda to be able to discuss it, so could that be on a future agenda. Nations will add it to a future agenda. Soglin next addressed the scheduling of the next meeting, the next meeting was supposed to be September 7'" as it always is the first Monday of the month, but that lands on Labor Day. Nations proposed to move the meeting to Tuesday, September 8, and everyone agreed. Nations added if the Commission has any input on the metrics, they could send those to her. She will have two years of metrics available for review at the next meeting. Fraser added an action item from himself, he kept waiting for COVID to go away and the City offices to open but he's going to give up on that and will get in touch with Gardner to help her with the Ambassador Program. Gardner added although it's not necessarily something that has to be done by next month, she hopes that all the Commissioners can be thinking ahead to the Climate Festival that will take place in September. They're going to be asking residents and organizations and businesses to post something online talking about why climate action matters to them or the types of climate action they take. There are more details on the website and there's a hashtag to use #IowaCityTakesAction and it is her hope that each of the Commissioners will at least consider Climate Action Commission August 3, 2020 Page 10 of 10 posting something as a way of participating in the festival. ADJOURNMENT: Tate made a motion to adjourn. Giannakouros seconded the motion. A vote was taken, and the motion passed unanimously. CLIMATE ACTION COMMISSION ATTENDANCE RECORD 2019-2020 KEY: X = Present O = Absent O/E = Absent/Excused NM=No Meeting -- -- = Not a Member 10 NAME TERM EXP. N N NO N N ON ON ON ON Madeleine Bradley 12/31/2022 X X X O/E X X X X John Fraser 12/31/2020 X X X X X X X X X I X Stratis Giannakouros UI Rep X X X X X X X X X X Grace Holbrook 12/31/2021 X X X O/E O/E O/E X X X X Kasey Hutchinson 12/31/2022 X X X X X X X X GT Karr 12/31/2020 X X X X X X X X X X Matt Krieger 12/31/2020 X X X X X X X X X O/E MiclAmerican Jesse Leckband Rep X X X X X X X X E X Katie Sarsfield 12/31/2020 X X O/E X X O/E X X O/E -- Becky Soglin 12/31/2022 X X X X X X X X Eric Tate 12/31/2021 X X X X X X X X E X KEY: X = Present O = Absent O/E = Absent/Excused NM=No Meeting -- -- = Not a Member 10 Item Number: 11. A CITY OF IOWA CITY www.icgov.org August 13, 2020 Planning & Zoning Commission: August 6 ATTACHMENTS: Description Planning & Zoning Commission: August 6 MINUTES PLANNING AND ZONING COMMISSION AUGUST 6, 2020 —7:00 PM ELECTRONIC FORMAL MEETING MEMBERS PRESENT: Susan Craig, Mike Hensch, Phoebe Martin, Mark Signs, Billie Townsend MEMBERS ABSENT: Carolyn Dyer STAFF PRESENT: Ray Heitner, Sara Hekteon, Kirk Lehmann, Anne Russett OTHERS PRESENT: Jon Marner, Jon Harding Electronic Meeting (Pursuant to Iowa Code section 21.8) An electronic meeting was held because a meeting in person is impossible or impractical due to concerns for the health and safety of Commission members, staff and the public presented by COVID-19. RECOMMENDATIONS TO CITY COUNCIL: By a vote of 5-0 the Commissions recommends approval of CPA20-0001, a proposed amendment to the Comprehensive Plan to change the future land use designation from Public/Private Open Space to General Commercial for Parcel #1112476001, located north of Camp Cardinal Boulevard and west of Camp Cardinal Road. Hensch called the meeting to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. CASE NO. CPA20-0001: Applicant: MMS Consultants Location: Parcel #1112476001 (north of Camp Cardinal Blvd, west of Camp Cardinal Rd) A public hearing on an application to amend the Comprehensive Plan future land use map designation from Public/Private Open Space to General Commercial for approximately 3.11 acres. Planning and Zoning Commission August 6, 2020 Page 2 of 13 Lehmann stated MMS Consultants submitted it on behalf of Jon Harding to amend the Comprehensive Plan Future Land Use from Public/Private Open Space to General Commercial for approximately 3.11 acres. He showed an aerial map noting the parcel in question is located north of Camp Cardinal Boulevard and west of Camp Cardinal Road. Across the street are Cardinal Pointe Condominiums as well as St. Andrew's Church. He next showed the zoning map, it's currently zoned Neighborhood Public Zone (P1), around it is interim zones to the north, and then to the east there is low density multifamily (RM -12) and low-density single family residential with the Plan Development Overlay (RS -5 OPD). To the south it's pretty much the highway. On the other side of the highway is some county -owned property. Lehmann showed photos of the property showing there is a clearing for most of it, there's a stream that goes down the hill and some other sensitive features. Regarding background on this application, Jon Harding owns the land and he hired MMS Consultants, to prepare three applications to allow the development of a community event center that will be 7,000 square feet. This application proposes to amend the Comprehensive Future Land Use Plan by changing it to General Commercial from Public/Private Open Space. The property is in the Northwest Planning District, but it doesn't have an adopted plan. The other concurrently submitted applications include a right-of-way vacation (VAC20-0001), which would allow the owner to acquire additional land on Camp Cardinal Road, and a rezoning (REZ20- 0001), which would change its zone from Neighborhood Public (P-1) to Community Commercial (CC -2) with a Planned Development Overlay (OPD) to protect on-site sensitive features. Generally, the Comprehensive Plan Amendment must be approved for the rezoning to comply with the Comprehensive Plan. The applicant did send Good Neighbor letters on June 30, informing neighbors that they'll accept comments and questions directly, they opted not to hold an in-person meeting due to COVID-19. Lehmann next showed the site plan noting again they're changing the designation for the whole space. In this case, the role of the Commission is to determine whether the Comprehensive Plan Amendment includes evidence that the following approval criteria are met. First, that circumstances changed and or additional information or factors have come to light such that the proposed amendment is in the public interest and second, that the proposed amendment will be compatible with other policies or provisions of the Comprehensive Plan, including any district plans or other amendments that are part of that. So regarding that first criteria that circumstances have changed, initially, Johnson County got the Poor Farm in 1875 as part of a larger farm tract. This portion of the Poor Farm was severed by Highway 218 and the Camp Cardinal Blvd right-of- way in the 1980s. In 2014, Johnson County sold the property to Jon Harding, which was just after Iowa City had adopted its 2013 Comprehensive Plan. At the time the Comprehensive Plan was adopted the land was in public ownership and contained sensitive features so that led to its designation as Public/Private Open Space. Lehmann noted those sensitive features include steep slopes, wetlands and a stream corridor. Previous plans, going back to at least the 60s show the areas as Public Use and at the time, there was no City infrastructure. It was generally used for agriculture. The surrounding area began experiencing development following Camp Cardinal Boulevard construction in 2007 and there's a number of different housing types and compatible other types that aren't residential in the area. Cardinal Pointe South is a quarter mile north and has a mix of single-family townhouse and duplex units. Kennedy Parkways is a half mile north and has a medical office and elementary school. Directly east across Camp Cardinal Road is Cardinal Villas Condominiums and St. Andrews Presbyterian Church, and then additional development is just expected in the area in the near future. Therefore, because of the Planning and Zoning Commission August 6, 2020 Page 3 of 13 change in ownership and development of the neighborhood, staff believes that this constitutes a change of circumstances. Additionally, the neighborhood's recent development changes the context that that property exists, and on-site sensitive features will still need to be accommodated through the City Sensitive Areas Ordinance, regardless of its future land use designation. Lehmann noted for this staff is only looking at the Comprehensive Plan Amendment and just looking at those related proposals for what the space might be. General Commercial allows uses that are compatible with nearby development and that could include an event center. Regarding the second criteria, which is compatibility with other policies or provisions of the Comprehensive Plan, Lehmann reiterated the Northwest District doesn't have an adopted plan so they rely on the Comprehensive Plan's descriptions and their relevant policies about land use, and relevant policies about natural resources. For the land use policies buffers are encouraged between residential development and major highways like US 218. Alternatives of single-family development may be appropriate for properties at major intersections, and the Plan supports appropriate transitions between high and low density development and commercial residential land uses. In this case, the property is on the corner of Camp Cardinal Boulevard, an arterial road, and Camp Cardinal Road, a collector street. Generally, commercial uses are less sensitive to highway noise and will buffer the residential areas from Highway 218, and they can also benefit from the visibility that comes with high traffic volumes along busier corridors. Higher intensity commercial use also maintains that appropriate transition. There's also multifamily and institutional uses directly east and then further away there are some lower density residential uses to the north and the east. Looking past Highway 218 to the southwest, it doesn't really seem appropriate given the size of that right-of-way. In addition, the area has seen increasing density from Comprehensive Plan Amendments recently. In 2016, CPA 16-01 was adopted and changed the Future Land Use map designation for the property north of Melrose Avenue and east of Camp Cardinal Boulevard from Residential 2-8 Dwelling Units per Acre to Office Commercial. Then CPA 16-03, adopted in 2017, changed the future land use map designation for the property at the northeast corner of Camp Cardinal Road and Camp Cardinal Boulevard from Residential 2-8 Dwelling Units per Acre to Residential 8-16 Dwelling Units perAcre. Lehmann noted the policies that would be relevant in this case are the sensitive areas, so some policies regarding natural resources that they considered were discouraging sprawl by promoting infill development, then continuing to identify and preserve environmentally sensitive areas by enforcing Sensitive Areas Ordinance. Lehmann stated this is not really an infill site, it's a greenfield site, but it is contiguous and it's an area that's under development and it would make sense and discourage sprawl. Also changing the Future Land Use from Public/Private Open Space to General Commercial will still require the property follow the Sensitive Areas Ordinance and for that reason the rezoning application concurrently submitted includes a Planned Development Overlay (OPD) to preserve these features. Overall staff believes that that change in the Future Land Use from Public/Private Open Space to General Commercial is compatible the policies in the Comprehensive Plan, especially those as they relate to land use and natural resources which are most directly affected by this proposal. Staff recommends approval of CPA20-0001, a proposed amendment to the Comprehensive Plan to change the future land use designation from Public/Private Open Space to General Commercial for Parcel #1112476001, located north of Camp Cardinal Boulevard and west of Camp Cardinal Road. In terms of next steps, upon recommendation from the Commission of approval or denial of the Planning and Zoning Commission August 6, 2020 Page 4 of 13 Comprehensive Plan Amendment will be considered for approval by City Council Hensch asked if the other applications for the right-of-way vacation and the rezoning would subsequent to the amendment of the Comprehensive Plan. Lehmann stated they were all going to come at the same time but there were some delays in working through the sensitive areas. Therefore the applicant decided to go ahead with the Comprehensive Plan Amendment because that has to happen first regardless. The other applications will now come once this is considered. Hensch noted further speaking on the sensitive areas he looked at the PIV of this property and it looks like with the slopes it's going to be pretty tough with the concept plan they have, however that is not relevant to this, but are there any issues right now with the sensitive areas ordinance for this parcel. Heitner responded like Lehmann stated, they are still reviewing the Sensitive Areas Ordinance pursuant to the OPD that's accompanying this application and they're working with the applicant on the wetland mitigation side of the Sensitive Areas Ordinance and there's a couple steps that they need some closure on with that piece. Additionally there's a few other aspects of the preliminary OPD plan they need another review with the applicant on but as far as slopes go, they think that the site can be accommodated. Hensch had another question regarding the current zoning of Public One or P1, he presumes this is simply because of the historical use of the property, not because of any planning that was done, its just a remnant piece from the farm. Lehmann confirmed that was correct. Hensch stated lastly, on the Northwest District Plan, he understands there's not a plan for that but is it in the queue somewhere to eventually start working on the Northwest District Plan because there's a lot of development going on in this area. Russett answered it is really not in the queue but they're at a point now where they think they need to review the entire Comprehensive Plan and look at the entire City. So that will likely be the focus of any future plan updates. Signs had questions about the topography of the site because it is pretty severe in parts of it and he is also pretty sure there's been some fill in there. He noted they ran into this situation a year ago or so ago on a project on South Gilbert Street where there had been fill and land changes happening before anything even started coming before the Commission. He noted if there is anything in the overall process that can address people preparing land for future use without really following the rules, effectively. Martin asked if a traffic study had been done in the area or when it comes time for something to be built, will here be a traffic study done to know how cars would flow. Russett confirmed that the rezoning point is normally when the traffic study would be done, however they have been coordinating with the transportation planner on this rezoning and based on the development in this area, it wasn't felt that a traffic study was warranted for the project. In terms of what's going to be built, a lot more detail will be provided in the Planned Development Overlay Rezoning. There will be a site plan and elevations that can be looked at as part of the rezoning process. Craig asked what other kinds of things are allowed in General Commercial, because what happens if in five years this purposed use is no longer a financially viable operation. Lehmann stated it could be most types of commercial uses, it could include offices, but it could not be intensive commercial, which is typically things that have lots of outdoor storage or things outside. Craig asked if it could be a gas station. Lehmann responded it could but there may not be Planning and Zoning Commission August 6, 2020 Page 5 of 13 enough room there for that kind of thing. But it could be a retail store, it could be gas station, General Commercial is a pretty broad category. Russett added this will come up during the rezoning but since it's an OPD rezoning as part of that, an OPD plan is approved that basically approves a site plan for the site. So even though theoretically it could be all sorts of uses, it's going to be approved through the rezoning process and if anyone wanted to do something different, they would have to come through the rezoning process again for a different type of use. Hensch opened the public hearing. Jon Manner (MMS Consultants) is speaking on behalf of the applicant, Jon Harding. He wanted to talk briefly and then he'll let the applicant speak if he has any additional comments. Marner stated staff has done a good job of explaining all of the circumstances with the site and the emphasis is to, for now, given the other issues they're working through with these sensitive areas, the issue before them now is just to go ahead and get the Comprehensive Plan Amendment change for the General Commercial use. Because there's a lot of residential over to the east and there's also the church site over to the east, he thinks its a compatible use with the surrounding areas. Regarding the right-of-way, staff concerns was that street need to be planned as a collector street, so one of the comments that came back from staff that they will address with the right-of-way vacation is to widen it and sure there's adequate width for a 33 foot wide away -of -way instead of the 30 foot on they had originally proposed. It's again a natural location given that it's near the collector, it's proposed higher density or possible densities up to the north and the recent development with the multifamily. Marner next wanted to touch real briefly on a couple of the questions that came up regarding the timing of the application. They're waiting on some approval permits from the Core and working through some of the things with the wetland delineations and the wetland buffer, but they wanted to go ahead and move forward with the Comprehensive Plan. He noted it is a complex and challenging site and those are definitely some of the things that as they get into the rezoning application, those are things they've been working through. The plan that they have right now will avoid the protected slopes and it's done a pretty good job of avoiding most of the slopes where possible. They've got retaining walls, they've minimized the parking down to the south to try to limit the impacts. Regarding the fill at the site in the past, it has primarily been in the northeast corner of the site and did not directly impacted any of the protected slopes or sensitive slopes on the site. It is adjacent to some of the some of the other sensitive areas, but they're working through those issues with staff to try and come to resolution on those. Jon Harding (applicant) noted that regarding the fill at the site, his initial plan with that property was to build his primary residence four or five years ago, and they were allowed to bring in one acre of fill into that site for a residential structure there. Then over the last year or two, they changed their minds because the area started becoming surrounded by apartment buildings and commercial property and they didn't feel was a good fit at that time to have their primary residence on that site. They have not brought any fill in for probably four or five years once they reach that one acre maximum. Also regarding a possible gas station, that site is not very conducive for a gas station because there's no access to Camp Cardinal Boulevard. So yes, it is certainly a challenging site, but they think with their proposed venue there will embrace the surrounding woods that are there and they're trying to salvage as much as they can and make that a part of the commercial buildings. Harding also wanted to mention that as part of this project he did reach out to the church and Planning and Zoning Commission August 6, 2020 Page 6 of 13 wanted to make sure it was a good fit with them and making sure they weren't a competitor if they decided to hold receptions or banquets there. The church was actually very excited about it and wanted to work with them on the project so it's definitely a good fit with the church across the street. Hensch asked if they received any input in relation to your good neighbor letter that they sent out? Harding stated not to his knowledge and Marner confirmed they never received any correspondence back from the good neighbor letter. Hensch closed the public hearing Signs moved to recommend approval of CPA20-0001, a proposed amendment to the Comprehensive Plan to change the future land use designation from Public/Private Open Space to General Commercial for Parcel #1112476001, located north of Camp Cardinal Boulevard and west of Camp Cardinal Road. Martin seconded the motion. Hensch noted he believes the current P1 designation is just a historical artifact, so he is not concerned about the amending the Comprehensive Plan for commercial because he thinks that actually makes sense for this site. He agrees it is a difficult site and a Planned Development Overlay is really the best thing they could come up with to deal with the Sensitive Area Ordinance on this site. He would support this amendment. Signs agrees, there is commercial property to the north on Camp Cardinal Boulevard there's a medical clinic and some commercial space on the Coralville side of the line. It seems like this is a good buffer, and a good usage for buffering any future residential development to the north and east of there. Signs noted he intends to support it. Townsend noted she drove through the area and was surprised to see so much development up the hill from there. Her concern was in the summertime, how many of the residents use that winding road that goes up the hill to come down to Camp Cardinal for access to either Coralville or Iowa City. So when they do look at the traffic flow, she would want to know is it different in the summer than in the wintertime. In the wintertime it likely wouldn't be a problem because people wouldn't use that road but in the summertime it might be a concern as many residents might use that road for access. Hensch noted they will hear about a traffic study and other such issues at the rezoning. Craig stated she is supportive of the change and how the use has changed over the years and seeing how the area's developing she think this use fits in. She does think that the sensitive areas may be an enhancement to what they are choosing to do, because the outdoors may be an attractive feature. She asked the question about the gas station because that seems like something that would not enhance the sensitive areas. A vote was taken and the motion passed 5-0. r • � • � r7iZi]�I21d[r7a:ii7:7:7a�Zr7:7_i�51 Planning and Zoning Commission August 6, 2020 Page 7 of 13 Russett noted at the June 4 meeting of the Planning and Zoning Commission it was brought up that the Commission would like to have another discussion of the good neighbor program. She began with a few slides to provide a little background and context and then she will turn it over to the Commission for discussion. Regarding background on the good neighbor program, this is a voluntary approach for proactive dialogue between the developer and the neighborhood prior to coming to the Planning and Zoning Commission meeting. These are encouraged for most discretionary applications, Comprehensive Plan Amendments, rezonings and subdivisions. It's an opportunity for the developer to share their project and for neighbors to ask questions, provide input and express concerns. These are generally coordinated by the applicant, the applicant will hold the good neighbor meeting, they will facilitate it, they will notify neighborhood residents, but coordination is recommended with the City staff prior to the good neighbor meeting. Property owners within 300 feet are notified of the good neighbor meeting, sometimes staff recommends that that area be expanded based on the project. When City staff is notified and involved in the planning of these good neighbor meetings, the neighborhood association representative is notified if the project is happening in an area that has an association. The program was established in 1998. The City revisited the program in 2013 and at that time staff and City Council both agreed to keep the good neighbor meetings voluntary. In 2019 there was a more comprehensive review of the land development process and good neighbor meetings were a component of that and at that time staff recommended keeping the program voluntary because projects do vary. Some meetings happen at the rezoning stage but not at platting and here are other notification requirements. Based on review of the minutes from the discussion that the Commission had in April of 2019, it was generally expressed by most Commission members there was an interest in making good neighbor meetings mandatory for rezonings. In July of 2019, the Planning and Zoning Commission had a work session with City Council on this item. Again, it was a larger discussion of the land development process and the good neighbor program was a small aspect of that discussion. The City Council continued that discussion in August of last year and then in June, the Commission requested opportunity to discuss this program. In addition to the good neighbor meetings, there was also an interest in learning more about the deadlines the City has for various applications. For Planning and Zoning Commission items, they have a 45 day review period from when they receive a complete application for rezonings or for preliminary plats to get it to the Commission and the Commission must make a recommendation within that 45 days otherwise it's assumed that the Commission is recommending approval of that rezoning or preliminary plat. For final plats, which the Commission doesn't review, City Council has 60 days to act on a complete application. Additional notifications are staff post signs at the property for vacations, rezonings, and plats. Letters are mailed to property owners within 300 feet of the project boundary. For Comprehensive Plan Amendments like they had tonight, they set a public hearing, so it was mentioned at the previous Commission meeting and then discussed tonight at the public hearing. Russett next showed a example of what 300 feet might look like in an urban neighborhood. She showed a rezoning they had last year at 2130 Muscatine Avenue and the 300 -foot radius so they could see the properties that were sent letters. She next showed a table of some recent cases where the application held a good neighbor meeting. The first one is the Tamarack Ridge rezoning where there was a very contentious rezoning a good neighbor meeting held at the rezoning stage. At the subdivision stage, a good neighbor meeting was not held because it was Planning and Zoning Commission August 6, 2020 Page 8 of 13 held at the rezoning. For the 305 and 315 East Prentiss Street rezoning they did have a good neighbor meeting. For the rezoning at 310 South Gilbert and 348 Highland Avenue they held a good neighbor meeting. There was a preliminary plat application for property near Big Grove on South Gilbert Street and there was not a good neighbor meeting for that application but there was one at the rezoning stage, which was held a four years prior to the plat. For the most recent application that triggered the interest in revisiting this topic was the Westside Estates preliminary plat where they did not hold a good neighbor meeting for the plat but they did hold one two years prior when the previous preliminary plat came before the Commission. Russett also mentioned that they received five letters from members of the public regarding this item, and those have been passed on to the Commission. In general, there was support for the good neighbor program and there was an interest in making it mandatory, and there was an interest in increasing the notification boundary. Before turning the discussion over to the Commission, Russett just wanted to note some goals that staff generally has with these is that they want to have a consistent message. They don't want any requirements to be too burdensome. She doesn't know if that's the case with the neighbor meetings but they just want to think creatively about ways to keep residents informed. Hensch thanked Russett for the information. He noted it is his sixth year on the Commission and sort of the reoccurring theme that he hears is people saying they weren't notified, or they're just outside the notification zone. It concerns him because he believes that gathering the community input up front can resolve some of the problems later on. It allows the neighbors the opportunity to feel like they're being heard and the developers aren't obligated to do anything, it's simply a listening session at most. He acknowledged he is very concerned about anything that's burdensome to the staff, with the current program staff is present, but he's not sure that's necessary because the whole point is for this to be a listening session for the developer to explain what they're doing and have the neighbors feel like they're being heard. He is interested in simply increasing that circumference of that notification circle, it just seems like 300 feet seems a little small to him, he won't make it too large, but 500 feet seems pretty reasonable. The only other thing he'd say is that the meeting should be mandatory. He thinks there certainly has to be one meeting per project, so they shouldn't have to repeat for the subdivision or the preliminary plat or the final plat or vacation, just one meeting on the whole project would be sufficient. He does have a concern about being burdensome for everybody but the overall objective is so neighbors can be heard, and maybe potentially resolve some issues up front. Martin stated she completely agreed with the things that Hensch is saying but also want to bring up rentals. She understands that a tenant does not have the rights as a homeowner but there are residents that have been renters for 10-15 years that don't get notifications, their landlords get notifications, but don't tell their tenant what's going on. Granted that should be the responsibility of the landlord, but could that letter also go to the resident of the rental address. Craig agrees with what both Hensch and Martin have said and 300 feet is not very large and looking at that map that was shown earlier, if that was 500 feet instead of 300 feet, they would get across the street on those northern edges and include more people. Maybe 500 isn't the right amount but she doesn't think she would support more than that. She also agrees with Martin that the renters should get some kind of notification, even if it's not the same as what the owner gets, but a letter that's addressed to resident at a certain address doesn't contain much more than what's on the sign that gets put up before the public meeting. Planning and Zoning Commission August 6, 2020 Page 9 of 13 Townsend noted her concerns are sometimes there are things the Commissioners just don't think of. They can think it's a small project, but the people that are affected by it, there may be extenuating circumstances that they don't know, until they start the conversation. Like with the project on Gilbert, the big apartment buildings where there were concerns with all that traffic and is there going to be enough parking for all of those residents. There wasn't a concern until the people that own the store on the corner were complaining about people going through their driveway to get where they were going. So those are things that the Commission or the applicant won't don't know about unless people tell them. The other concern she has is if the plans for a project start today, but they don't actually start building until four years down the road, the people that were at the neighborhood meeting when it started may be totally different from those that are there now. Perhaps the meetings need to have some sort of expiration dates on them. Hensch noted the plans do have expiration dates on them, if they don't proceed in a certain timeframe then they have to reapply. Russett confirmed preliminary plats expire after 24 months unless they are extended by Council. Townsend stated another concern which is the signage and maybe there's more that can be on those signs that are placed by the project saying that there's maybe an email address or a web website where they can go and get more information for those if there's not a good neighbor meeting. If there is a good neighbor meeting, then maybe that information is available on the signage too. Signs followed up on that and stated one of the things they've heard before on the sign placement issue is that sometimes they're not in great places to see especially if there are places where construction started or dirt has been moved or whatever. The other thing they have heard in the past is trying to find these things on the website, even if they do see the sign. Staff has changed over to a new online system recently but doesn't know if it makes it easier for the public to find out that information. Signs feels a big issue is voluntary versus mandatory, and he thinks it needs to be mandatory. The struggle is at what phase. For example, a Comprehensive Plan change doesn't require a sign to be put out and he thought that was really odd since it's kind of a big change. He agrees that if the project is moving along at a decent pace, one meeting should be enough but if there is a Comprehensive Plan change and then four years later they come forward with the rezoning plan, the good neighbor meeting four years ago may not be sufficient. He does think they should be mandatory and agrees the radius should be increased to 500 feet. The resident versus the owner, that was one of the things he did see in at least one of the letters, the concern about just owners getting a letter when it's very legitimate in some areas of town, it is predominantly rental properties in any given 500 foot radius and in many cases there are long term renters who have a good stake in the community. He can't imagine it would be too difficult to include owners and residents or tenants in the notification. Signs noted the other thing that came up throughout the letters and was the letters came through the neighborhood association, leadership. He doesn't see any reason why they couldn't notify a neighborhood association that a property is involved in. And then basically if the neighborhood association sees a bigger issue, they're going to put the word out to make sure that anybody who wants to be involved does. So he would be supportive of adding if there is a neighborhood association and a contact for that association, adding that person to the to the mailing list. Planning and Zoning Commission August 6, 2020 Page 10 of 13 Hensch stated to the point about the renters, because that's a very difficult topic to find a way to effectively communicate with the renters, maybe the way is by notification of the neighborhood associations and let each neighborhood association figure out how about how they want to do it. Maybe they want to post a flyer in a building. Martins noted in the case of Muscatine Avenue, one of her rentals fell just outside of that and she's had the same tenant for eight years and she called her and asked about the sign and if it was something she could call the City about. She told her she could, but that's because she knew that she could tell her to do that, not all landlords or folks will know that. Also there are not always neighborhood associations in every neighborhood, so notification should go to every residence. There can still be notification to a neighborhood association, absolutely, more communication is better and she doesn't think that over communicating is burdensome for anybody. Townsend noted she has been in Iowa City now a little over 30 years and prior to that, she didn't think there had been much change in Iowa City. Since she's been here it's drastically changed, and you don't know what's going to go up next. From the huge buildings downtown to the malls, all these things are so different from when she came 30 years ago. So she would like to know as a resident, is there something big going to happen next door to her, it may have not been a concern 30 years ago because nothing drastic was going to happen, but that has changed. Signs acknowledged there's probably some truth to that in the sense that as the land has become way more valuable and way more scarce people are looking to existing land in existing areas under existing uses to make change to. Townsend stated it's a whole different era now and things are being built and the companies that are coming in are ones that they never would have expected to be here. Craig added a comment on the mandatory part, she has a sense from what she's read from the staff is they would not like to see it be mandatory because they think there are some instances regularly where the project is so minor, that it's not necessary. Before she could support that, she would want to hear from staff about what the burden on them is to make it mandatory for every single thing and how many have not been held that in hindsight should have been held. She is not 100% supportive of the mandatory requirement until she hears from staff. Hensch recommends they don't be particularly prescriptive just give some general ideas and let staff figure out maybe some exceptions because there's some things that probably don't need to be made mandatory because they're so small He wants to give staff the ability to make those decisions. In general they've agreed the 300 foot range is too small and are recommending 500. They're almost in agreement the meetings should be required but agrees perhaps to leave part of it up to staff discretion for things that they regard just minor changes that really no one would be interested in. Finally they've all agreed that somehow the renters need to be notified in at least maybe just a resident to that address letter and including possibly the neighborhood association leader for the area if there is one. Russett stated as a team they have not discussed this issue since last April, when it was their official recommendation not to make them mandatory as they didn't want to get into a position of having a meeting for every comp plan and the rezoning and subdivision, one meeting per project Planning and Zoning Commission August 6, 2020 Page 11 of 13 makes more sense. She noted the time at which these are very controversial is typically the rezoning, subdivisions are very technical reviews of the zoning code and subdivision code based on the zone that is already applied to that land. So if someone comes with concerns at the subdivision phase, it's not as much a policy discussion as more technical discussion on that the plat meets the requirements of the code. So for projects like that, it makes more sense to have that discussion upfront at the plan amendment stage and at the rezoning stage. She doesn't think it would end up being burdensome for staff, a lot of this falls on the applicants. They do coordinate with them, but for the most part staff wouldn't be doing anything different from what they are already doing. Townsend asked how often is there a good neighbor meetings and no one attends. Hensch responded in his six years here it's not infrequent for it to be very sparse attendance, maybe two, three people showing up or zero, but that's okay because you're giving people the opportunity. Townsend asked if there any way to have them pre -register for these so that if no one registers they're not wasting the staffs time and energy. Martin noted sometimes it's pretty short turnaround so there may not be time to RSVP. Signs agreed and noted another thing he forgot to mention was they hear quite often they didn't get the notice until a day before or the day of the meeting. He added his faith in the US Postal Service is diminishing daily in their ability to get stuff delivered on time. So he is wondering if they do need to expand that window a little bit. Hensch noted he doesn't want to send this recommendation to Council until they make sure that they're working as a team with City staff. Again, they're in agreement about the 500 -foot recommendation, a mandatory meeting most of the time, there could be some exceptions that staff could establish for those minimal changes, one meeting per project or if the project goes over X number of years and they have to hold another one, and some method of notifying the renters and the neighborhood association, if there is one. The Commission and staff were in agreement that staff will come up with a recommendation to discuss at a future meeting and take that recommendation to Council. CONSIDERATION OF MEETING MINUTES: JULY 16,2020: Craig moved to approve the meeting minutes of July 16, 2020 Signs seconded. A vote was taken and the motion passed 4-0-1 (Townsend abstained) PLANNING AND ZONING INFORMATION: Russett gave a couple updates, one is the rezoning on Highway One West which was approved at the last meeting of the City Council, it was where they amended the conditional zoning agreement. Second is the Council deferred the appointment of the Planning and Zoning Commissioner vacancy until the next meeting. Planning and Zoning Commission August 6, 2020 Page 12 of 13 Signs asked if there were there no applicants. Hensch said it was an issue of gender balance because currently they're out of compliance for the State law on gender balance. So they are restricted to an appointment of a male unless they have advertised it for 90 days and no male applies and they can appoint outside of balance. Hektoen noted they did have one applicant who was a realtor, but they felt like the Commission was already efficient in that area. ADJOURNMENT: Townsend moved to adjourn. Signs seconded. A vote was taken and the motion passed 5-0. z O Fn No 20 O V Vw� (g N Z W CD N Z ZO Q a N NGN oa z o W z 2 z a a -o W W ani c � cm m C: N a o NmaZ d Q 11 II n w YXOO lox x x x x h XQ X X X LiiW 0 z LU m LLI J U) W—Xw :)Q (n =z2W aaz C7 diy�=y2 uwzwz`s v r cc o u x2m� 9 -o W W ani c � cm m C: N a o NmaZ d Q 11 II n w YXOO Item Number: 12. A CITY OF IOWA CITY www.icgov.org August 13, 2020 Public Art Advisory Committee: August 6 ATTACHMENTS: Description Public Art Advisory Committee: August 6 PRELIMINARY MINUTES PUBLIC ART ADVISORY COMMITTEE AUGUST 6, 2020 5:30 PM ZOOM MEETING FORMAT MEMBERS PRESENT: Steve Miller, Nancy Purington, Ron Knoche, Juli Seydell Johnson, Dominic Dongilli MEMBERS ABSENT: Andrea Truitt, Eddie Boyken, Jan Finlayson, Tonya Kehoe STAFF PRESENT: Marcia Bollinger, Wendy Ford PUBLIC PRESENT: Nancy Bird, Isaac Hamlet, John Englebrecht, Loyce Arthur, Antoine Williams, Donte K Hayes Electronic Meeting (Pursuant to Iowa Code section 21.8) An electronic meeting was held because a meeting in person was impossible or impractical due to concerns forthe health and safety of Commission members, staff and the public presented by COVID-19. RECOMMENDATION TO THE CITY COUNCIL By a vote of 5-4 (4 members being absent), the Committee recommends approval and continuation of the Black Lives Matter Mural project as presented by Public Space One and the Center for Afrofuturist Studies. CALL TO ORDER Miller called the meeting to order at 5:34 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA There was none. CONSIDERATION OF MINUTES OF THE JULY 2 2020 MEETING Purington asked that the comment she made regarding the Quad Cities Sculpture Garden be changed to the Quad Cities Rotating Sculpture Program. Miller mentioned some adjustments to the Matching Fund Sprite presentation regarding the lighting Dominic Dongilli introduced himself as a new member of the committee. All other public and guests introduced themselves. John Englebrecht - Public Space One, Loyce Arthur- University of Iowa, Antoine Williams (lead artist) and Donte K Hayes (lead artist) introduced themselves as members of the team created to develop the working proposal for a mural installation honoring the BLM movement on the Capitol Street Parking Ramp. Englebrecht reviewed the PowerPoint presentation detailing the partners and stakeholders that have been involved in the discussions including community consultants, installation team, and documentation team as well as the Fellows program that will be an outgrowth of the project. Englebrecht described the mission and purpose of The Center for Afrofuturist Studies (CAS), a residency program sponsored by Public Space One. The goal of the Center is to bring Black artist to Iowa City to share their talents with the community. The CAS website was shared which included information regarding the two lead artists, Hayes and Williams. Hayes introduced himself and described his background and artwork. He described his artwork as focusing on welcoming and hospitality using the icon of a pineapple — a symbol of welcoming on southern doorways. He described that many members of the Black and Brown communities do not feel welcome or worthy to be in their environment so he focuses his art on addressing that lack of welcoming. Williams explained that he was excited to work with Hayes on this project. He explained that he is a multidisciplinary artist and that his mural artwork is oftentimes created offsite and then wheat pasted on to walls. He focuses much of his work on the power, perception of the Black body. He also focuses on the concept of Monster Theories reflecting that monsters are created in society and oftentimes this can impact the Black and Brown community. Williams also discussed his interpretation of the Black Lives Matter term and how that aligns with his work. Englebrecht stated that working with Hayes and Williams was a natural choice given their artforms and experience particular when it involves a collaborative effort such as this project. He reviewed the location of the project. He also stated that a reoccurring comment that has come up during discussions about the project was that "the mural in itself is not enough". And that the process and pathways created as part of the project are as important as the final product. This proposal will include all conversations during the development process as well as throughout implementation of the project to produce a comprehensive project. Englebrecht reviewed the timeline for the project • August — design process, enter community consultants, building fellowship, put Contractors and documentation team in place • September — contractor to start painting, fellowships to start • October—finish mural (unveiling), documentation of process • November — release documentation (build into CAS archiving project) • Winter—artist/comm unity interviews/conversation around project, through City/CAS Platform, explore new fellowship options. • Spring/Summer 2021 — CAS/City released documentary and celebration He emphasized that the relationships that are built are a large part of this project. He described the fellowship portion of the project as bringing in young, Black artists into the project to be activity involved and be mentored by the lead artists. This will allow them to see how a project like this is put together, connect them with CAS and provide experience that they can include on their resume. Eng|obneohtexplained that the archiving portion ofthe projectiocritical h1order &umaintain a record ofthe mural and the process that occur tOcreate it.|twmu|da|*oinu|udainten/imweand video recordings. A celebration will be held next spring or summer to showcase the mural and share the documentary that was created. Englebrecht went on to described the funding sources and distributions: Headded that there could beopportunities for sponsorships h)assist nrexpand insome ufthe areas amthe project evOlv8s, Englebrecht added that he is working with the City on the contract. He would need to know who signs off onthe agreement S0they can receive some commitment tmproceed with the process with the expectation that the funding will beprovided. Arthur added that she will be working with area youth to become involved in the project including hosting community paint days. These youth are not the same $mthe Fellows that have previous been discussed. She also expects University mfIowa students tobecome involved. Bollinger added because the project isnot just the mural and itimunderstood that the design 0f the mural will be evolving throughout the process, she asked if there would be some sort of vision available for the mural that might include the scale, coloring, feel, etc. Williams suggested that they were working on a concept and would hope to have something to see toward the end mfAugust. Bollinger added the City Council wants t0beinvolved |Mthe approval ofthe project. Ford asked about the City Council would approve the contract. Bollinger stated the City Council doesn't usually become involved imsigning art project contrm/do.Fudhmrdi$cummimndeterm1n8d how information will be shared with the City Council given $$pecifioconcept won't bWavailable by the August 18 meeting. Knoche added that he felt the overview presented at this meeting would be adequate for the City Council to be able to understand and provide support for the project. Ford suggested all materials needed to be collected for the City Council packet by Wednesday, August 12.Eng|ebrechtsaid hefelt that was feasible and that although they won't have a specific concept for the artwork, he would hope the presentation provided enough information to make them feel comfortable with the project. Bollinger suggested as concepts evolve, there could be a committee of Public Art Advisory Committee and City Council members Arthur asked, given that the presentation features more black and white artwork examples, if they expected the mural to feature color particularly since there is already a very large black and white mural in the downtown area. Williams verified that color would be included although no specifics are available. Miller asked possibly providing an update to the City Council for their September 1 meeting. Englebrecht felt that was possible and would share that information. Miller also added that he wanted to thank those at the meeting for al their hard work and excited to see how the project evolves. Bollinger added that the participation of the Iowa Freedom Riders was important and the City Council would likely be interested in details. Englebrecht assured the committee that they would be brought into the process within the next two weeks and throughout the process. Arthur asked about measurements of the parking ramp. Knoche felt that they would likely be available and would look for them. Knoche asked about Burlington land closures that might be necessary to complete the work. Arthur felt that because the adjacent sidewalk area was narrow and the speed of traffic was fairly high along Burlington, it might be safer to close the lane closest to the parking ramp. Knoche added that a permit would need to be provided by State and would take a few days to get that approved. Bollinger asked about community painting and how that would be accomplished. Englebrecht responded that they are working through that and it could involve a polytab (mural cloth) wheat pasted installation. The concern with the public climbing scaffolding and liability are obvious and efforts would be taken to enable safe participation. He added that there could also be smaller, more accessible wall that the public could paint as a "sister' project. Dongilli made motion to approve and continue with the project that has been discussed, Purington seconded. Approved unanimously. Arthur added that this mural should be looked at as a first step in ongoing conversations regarding BLM and that continuing efforts would be pursued to create projects and programs that link back to the mural and what it represents. Bollinger reviewed the marked -up version of the Public Art Strategic Plan that identified several areas; those goals that have been accomplished or nearing completion, those goals that focus on efforts to expand Community Collaboration efforts and goals that focus on artists outreach/participation. Subcommittees would be responsible for evaluation options and opportunities to meet the goals as defined as well as details on specific efforts/events and schedules. She added the Boyken expressed interest in a committee. Purington asked about the structure of the committee. Bollinger added that this could be up to the subcommittee — more than likely involving 2-3 meetings and hopefully coming back to the full PAAC in November or so with some suggestions. It was decided that Bollinger would connect with the members later to allow for more consideration. Bollinger reminded the committee that they had previously allocated FY21 funding for projects in Parks/Trails and for a Sculpture Garden. She didn't have any specific ideas about how to determine the locations and specifics for these projects but want to keep the conversation moving so planning can begin in the next few months. She added that Peninsula Park and Waterworks Prairie Park were originally mentioned as possible locations. She added the Terry Trueblood was identified as location for a general art installation but could also be an option for a sculpture garden. Purington emphasized her interest in College Green Park and feeling that more remote parks have their plantings and nature for appeal and may not need artwork. Ford emphasized the interest to have artwork installations accessible by public transit. Details of sculpture gardens were discussed. Purington mentioned that the Bettendorf's program budgeted $10,000 - $15,000 a year for 28 sculptures. Miller asked Seydell Johnson and Knoche if they had thoughts on locations. Seydell Johnson suggested that along trails — particularly the Court Hill Trail might be good location. Bollinger added that since Parks[Trails was also funded that they could be combined as one project. Miller asked about interestldemand by artist to participate in temporary installations. Purington suggested that there were lots of artists on a "circuit" the regularly participate in these types exhibits. Seydell Johnson also added that the Community Garden art installation could be expanded. Purington again emphasized that the downtown area was her focus for art installations. She said she didn't see many of the remote locations were used by the elderly or general population. Bollinger stated that the Strategic Plan emphasizes installation of artwork throughout the community. Seydell Johnson mentioned that community gardens are well distributed throughout the City. Bollinger asked about west side garden locations as the two previous projects were installed at east side gardens. Seydell Johnson identified Kiwanis and Walden Green Park. Bollinger suggested she would develop a list of locations and encouraged that committee members visit the location. She would work with Seydell Johnson to develop a list of trail locations. Seydell Johnson mentioned Riverfront Crossings would be a very accessible and central location. Ford mentioned City Park as an option but Seydell Johnson suggested that much of Lower City Park is in the flood plan and has enough draw that it may not benefit with an art installation as much as other locations. Miller asked about a map that incudes all trails. Bollinger and Knoche provided information about resources. COMMITTEE UPATES There were no updates STAFF UPDATES Bollinger mentioned that she sent out a link to the Artist Registry submission form and asked that members check it out and provide feedback on its content and layout. Purington mentioned that she is concerned about including an image as too limiting. Bollinger suggested keeping it as an option. Purington asked about how the database would end up looking and Bollinger said she would make that available when available. Dongilli suggested to share the submission form be sent out to local arts organizations/businesses to review the form for their input. Bollinger also mentioned that Miller and she had discussed the time for the meeting. It has been changed earlier this year from 3:30 to 5:30 PM in hopes of encouraging more of the public to participate. That has not been occurring soperhaps all members could be surveyed tOsee ifa 3:30P[Wmeeting be an option. ADJOURNMEN Knoche made a motion to adjourn. Miller seconded. Meeting was adjourned at 7:17 PM Public Art Advisory Committee Attendance Record 2019-2020 Name Term Expires 11/7/19 12/5/19 1118/20 2/6/20 3/5/20 4/2120 4/20120 5/7120 614/20 7/2/20 8/6120 Nancy Pur n ton 9 12/31/22 -- - x x x x x x x x x Ron Knoche x x x x x x x O/E x x x Jul! Seydell- x x x x x x x x x O/E x Johnson Vero Rose 12131/20 x x x x O/E x - Smith x x Steve Miller 12/31/20 x x x x O/E x x x x x x Andrea Truitt 12/31/22 x x x x O/E x x x x x O/E Eddie Boyken 12/31/21p x x x x x x x x x O/E Jan Finlayson 12/31/20 _ -- - x x O/E Dominic 12/31/23 - Dongilli - Tonya Kehoe 12/31/23 _- - x O Key: X = Present O = Absent O/E = Absent/Excused --- = Not a member � r fm N-MA1lp CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 3 56-5 000 (319) 356-5009 FAX www.icgov.org City Council Agenda — August 18, 2020 — Regular Formal Meeting Information submitted between distribution of packet on Thursday and close of business on Monday. Late Addition(s): Consent Calendar Item 8 Correspondence: Item 8.g. Don Spellman: Improvements and Ideas for Mercer Park Aquatic Center Item 8.h. David Weldon: 380 express [Staff response included] Item 8.i. Audry Haught: Olde Towne Village Item 8.j. Rod Sullivan: CAREN law Late Handout(s): 8/13 Information Packet IP Email from Mayor Teague: Contract for June 31d Investigation (see revised work session agenda) Kellie Fruehling From: Bruce Teague Sent: Friday, August 14, 2020 5:37 PM To: Kellie Fruehling Cc: Geoff Fruin; Ashley Monroe; Mazahir Salih; Mazahir Salih Subject: Contract for June 3rd - add to late handouts Attachments: IORsignedGennaco.pdf; ATT00001.htm T_P Late Handouts Distributed (Date) 8 -- n � -- W Hello Kellie, please add the contract to the late handouts for this Tuesday's Council meeting. We will discuss it in the work session. Thanks, Mayor Teague Consultant Agreement This Agreement is made and entered into this day of by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and OIR Group, LLP, of Playa del Ray, California, hereinafter referred to as the Consultant. Whereas, the City desires the services of a qualified firm to provide an independent review of the Iowa City Police Department's participation in an incident that occurred on June 3, 2020 involving a multi -law enforcement agency response to a protest during which law enforcement personnel deployed chemical munitions and flashbang devices to disperse a crowd near Interstate 80 in Iowa City. Now therefore, it Is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. Scope of Services The Consultant, led by its founder and principal, Michael Gennaco, agrees to provide a comprehensive review of the incident on June 3,2020. The review shall focus on the involvement of the Iowa City Police Department (1CPD) in the incident and shall include: A. A description of the local protest activity in the days and hours leading up to the incident that may have influenced law enforcement preparations and response, B. A description of the unified command structure at the incident, including identification of the various law enforcement agencies that were present and their approximate representation in numbers and defined role._ C. A description of the site/scene and location of law enforcement and protesters during the incident. D. A timeline of events at the scene of the incident, including law enforcement interaction with protestors, any law enforcement orders provided to the crowd, law enforcement orders to deploy use of force, and any arrests or citations at the scene. E. The quantity and type of force used by the Iowa City Police Department and, if available, other law enforcement agencies. F. Any known injuries to the public or law enforcement and a description of how those injuries were sustained and any response to those injuries. G. Any other pertinent information that will inform the public about the response and help guide decisions regarding future interactions of a similar nature. H. A review of Iowa City Police Department's Use of Force policy in effect on June 3, 2020, an analysis of its applicability to this incident and whether the actions taken by the ICPD were in compliance with the policy. -2- 1. Recommendations for modifications to the Use of Force policy as well as training opportunities that should be considered as they pertain to protest situations. Iowa City will provide access to all available information related to the incident. While the City will attempt to obtain information from other agencies Involved in the multi -agency response, such documents may not be made available by those agencies due to the confidentiality of investigative reports and intelligence data and assessments under Iowa law. Consultant shall provide a final report of its review in written form to the City Council, through delivery to the City Manager, which review shall be shared with the public. The report shall assess the actions of the ICPD collectively and recommend modifications to policy if warranted. The review and report Is not intended as an internal investigation of any particular officer and officers names shall not be included in the report. If, during the course of the review, a policy violation by a particular officer is identified those violations will be addressed by the Chief of Police and the City Manager in accordance with the policies of the police department regarding internal investigations, Chapter 80F of the Iowa Code, the Police Officers' Bill of Rights, and Chapter 400, the civil service provisions of the Iowa Code. It. Time of Completion The Consultant shall complete the services and provide its final report to the City Council within 90 days of its receipt of the referenced information from City. III. Compensation for Services Consultant shall perform the Scope of Services at the rate of $200/hour with a not -to -exceed amount of $50,000 for all fees and expenses. Invoices will be submitted monthly and paid by the City within 30 days of receipt. IV. General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. I. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "not -to -exceed" amount listed in Section III. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be -3 - exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. F. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. The parties agree that attendance at any such meeting is not included within the current not -to -exceed amount and will be billed at the hourly rate of $200.00 plus expenses. G. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. H. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this Agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. J. Standard of Care. 1. The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement. The Consultant shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. K. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. ;4- L. This Agreement shall be interpreted and enforced in accordance with. the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a coutt of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurl8diction therein and irrevocably waive arty objection as to venue therein, including any argument that such proceeding has been brought in an Inconvenient forum. For the City By: Bruce Teague Title: Mayor Date: Attest: City Clerk For the Consultant By: Title: iT la clz h. - Date Approved by: City Attorney's office Date