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HomeMy WebLinkAbout1998-03-10 Info PacketCITY COUNCIL INFORMATION PACKET February 27, 1998 IP1 IP2 IP3 IP4 IP5 IP6 IP7 IP8 IP9 IP10 IPll IP12 MISCELLANEOUS ITEMS City Council Meeting Schedule Memorandum from City Manager: Pending Development Items Memorandum from City Manager and Planning and Community Development Director: Movie Memorandum from Administrative Assistant and Assistant City Attorney Mitchell: Deer Management Update Memorandum from JCCOG Traffic Engineering Planner: Pedestrian Signal at the Intersection of Melrose Avenue and Melrose Court Letter from JCCOG Traffic Engineering Planner to Washington Street Business Owners: Parking Release: Iowa City Landfill Waste Reduction Grant Program Agenda: March 3 Council on Disability Rights and Education Agenda: February 26 Johnson County Board of Supervisors Letter from Irene Murphy: Paratransit Service Letter from John Shaw (Chair, Historic Preservation Commission): Requests for Proposal Process (to be accepted on March 10 Formal Agenda Consent Calendar) Housing and Inspection Services 1997 Annual Report [Council packets only] IMarch 9 7:00p I March 10 7:00p March 23 7:00p I March 24 7:00p April 6 7:00p April 7 7:00p April 20 7:00p April 21 7:00p City Council Meeting Schedule and Tentative Work Session Agendas COUNCIL WORK SESSION FORMAL COUNCIL MEETING COUNCIL WORK SESSION FORMAL COUNCIL MEETING COUNCIL WORK SESSION FORMAL COUNCIL MEETING COUNCIL WORK SESSION FORMAL COUNCIL MEETING February 27, 19 Monday Council Chambers Tuesday Council Chambers MondayI Council Chambers Tuesday Council Chambers Monday I Council Chambers Tuesday Council Chambers Monday J Council Chambers Tuesday Council Chambers Keg Ordinance Hickory Hill West Water Project Costs Chutes and Vaults Sales Tax Circus and Rodeo Permit Rules and Regulations FY99 Action Plan TCI/Cable FUTURE ~'ORK SESSION ITEMS Landfill Master Plan Sand Point Wells DARE Program Review Sanitary Sewer Repair - New Policy Update Transit Interchange Police Issues Civic Center Renovation Meeting dates/times subject to change City of Iowa City MEMORANDUM Date: February 24, 1998 To: City Council From: City Manager Re: Pending Development Items An application submitted by James Anderson for a final plat of Westcott Heights, an 84.12 acre, 31-lot residential subdivision located in Johnson County on the west side of Prairie du Chien Road, ¼ mile north of Newport Road. An application submitted by Taco Bell c/o John Sapp, on behalf of property owners Gerry Ambrose and Greg Apel, for a special exception to permit an auto and truck- oriented use, a drive-through window for a Taco Bell restaurant, for property located in the Community Commercial (CC-2) zone at 1100 S. Riverside Drive. An application submitted by the Church of Jesus Christ of Latter Day Saints for two special exceptions to permit an expansion of a religious institution and to modify the front yard requirements along Baker Street for property located in the Low Density Single-Family Residential (RS-5) zone at 2730 Bradford Drive. tp1-3sa.doc City of Iowa City MEMORANDUM Date: February 24, 1998 To: City Council and City Ma_nag_e~~, ~ From: Karin Franklin, Director,~- Re: Movie We will be showing the film Back from the Brink: Saving America's Cities by Design at a Planning Department meeting on March 5 at 3:00 p.m. in the Council Chambers. This film was shown to the public on February 17; there was a good discussion after the film. Council Members are invited to come to our department meeting and join us in a discussion of the film afterwards. The film runs for approximately 58 minutes. I would expect no more than an hour of discussion. If you will be attending, please contact me since if there are more than three Council Members in attendance we will need to post a notice of the meeting. I would encourage you to attend. This film is very much on point with the discussions we are having about downtown Iowa City. If you cannot attend and wish to see the film, we have a copy in the department or you may catch it on cable. I do not have the schedule for the cable run. Imtrnem\kf2-23.doc City of Iowa City MEMORANDUM TO: FROM: DATE: RE: City Council Lisa Handsaker Dennis Mitchell February 27, 1998 Deer Management Update As you are aware, the Natural Resource Commission approved Iowa City's Deer Management Plan contingent upon the City submitting a long-term plan, specifically adddressing bow and arrow hunting. On Wednesday, February 25, the Iowa City/Coralville Deer Management Committee convened to recommend to Council language for that plan. After much discussion, Committee members approved a long-term plan that did not mention bow and arrow hunting. Before the Natural Resource Commission considers our long-term plan, Dr. AI Farris, DNR Administrator, will review the plan and issue a staff recommendation as to whether the DNR supports our plan. Dr. Farris indicated he would not approve the plan as it stands because it does not address bow and arrow hunting. However, Dr. Farris indicated he would approve alternative language that at least addresses the issue of bow and arrow hunting by providing that all legal lethal options (including bow and arrow hunting) will be reviewed by future Committees. Iowa City would still maintain the ability to decide what is best for our community; it would not mandate use of any method. The revised language simply assures future Committees will need to justify why they would not use an available legal tool for lethal reduction. The Committee went through that very process this year in determining that sharpshooting and trap and kill, rather than bow and arrow hunting, were the best methods for initial reduction. After learning that we have an opportunity to approve a plan that has received initial approval from DNR staff, members agreed to meet again on Thursday, March 5 to decide if they concur with the proposed language. City of Iowa City MEMORANDUM Date: To.' From: Re: February 24, 1998 City Council Doug Ripley, JCCOG Traffic Engineering Planner ~ Pedestrian Signal at the Intersection of Melrose Avenue and Melrose Court Since a pedestrian signal was installed at the intersection of Melrose Avenue and Melrose Court this past fall, I have had the opportunity to observe traffic operations at this intersection. The pedestrian signal is designed to flash yellow for Melrose Avenue traffic and flash red for Melrose Court, similar to a stop controlled intersection requiring additional warning. When a pedestrian actuates the signal by pushing the button, Melrose Avenue receives a solid yellow and then a solid red signal, indicating they must stop. Melrose Court traffic also receives a solid red, indicating that they must stop. Pedestrians then get approximately 21 seconds to cross the street before the signal resumes to flash operation. The integration of a signalized intersection, a stop controlled intersection, and a pedestrian signal typically found at a mid-block location is confusing to motorists. Additional clarifying signage has been installed, but only with limited success. Observation of the intersection raises these safety concerns: Extremely high violation of the Melrose Court solid red phase while the pedestrian signal is operating. Vehicles on Melrose Court take advantage of vehicles being stopped on Melrose Avenue to make right and left turns where traffic gaps otherwise would not allow. Vehicles accelerate rapidly to beat pedestrians through the intersection, or they often pull out and take control of the intersection until all pedestrians have cleared before I~roceeding. This activity threatens the safety of the pedestrians that the signal is designed to protect. During the all-red pedestrian phase, drivers on Melrose Court become confused because the flashing red signal suddenly becomes a solid red. This is, in effect, changing the intersection from stop control to a signalized intersection and back. This inconsistency is confusing to motorists. Since this signal was designed to accommodate pedestrians, they receive priority. Originally, there was a limited minimum time between pedestrian signals of 5 seconds, so whenever a pedestrian actuated the signal, the maximum time they would have to wait was 5 seconds. This created considerable delay for Melrose Avenue traffic because only one or two cars would clear the intersection prior to the all-red indication being given again. This has been corrected to some degree by increasing the minimum time between signals to 30 seconds during peak times. Melrose Avenue traffic is still being compromised, but not as severely. Increasing the minimum time even further between pedestrian actuations is not advised because pedestrians will only wait so long before trying to cross the street without the protection of the light. There is high violation of the all-red signal phase by vehicles on Melrose Avenue. After pedestrians have the opportunity to clear the street, autos are often observed starting through the intersection prior to the resumption of flashing yellow. This is also the case at the beginning of the phase, where autos proceed through the intersection after the solid red indication is given. 2 These observations lead me to be concerned about the amount of driver aggression being created by this intersection. Drivers on Melrose Avenue, frustrated by delay, drive aggressively and are unlikely to tolerate traffic wanting to enter from Melrose Court. Melrose Court traffic is forced to react aggressively just to turn onto Melrose Avenue. This aggression has been observed to carry beyond this intersection in both directions, primarily to the intersection of Melrose Avenue and Hawkins Drive. The Melrose/Melrose Ct. intersection is being re-evaluated in an attempt to alleviate these problems. One option is to convert this pedestrian signal to a fully signalized intersection. This intersection can easily be modified to accommodate full signalization at limited expense. This would protect pedestrians, while at the same time provide understandable control of the intersection. However, the narrow width of Melrose Court is an ongoing concern. We will take a traffic count on Melrose Court this spring. Another option is to move the pedestrian signal to a mid-block location, or to South Grand Avenue, and leave Melrose Court controlled by a stop sign. A detailed pedestrian study is being completed to determine the feasibility of these alternatives. Knowing that there are sensitivities to anything done in the Melrose Avenue corridor, I will apprise the Melrose Avenue Neighborhood Association, the University, and the University of Iowa Hospitals and Clinics that this matter is under review. As soon as the various options are fully analyzed, I will be better prepared to recommend one option. We will meet with these three groups to get their input before bringing the issue back to you for a decision. CC: Jeff Davidson Steve Arkins Chuck Schmadeke Karin Franklin Rick Fosse Dick Gibson, University of Iowa Ken Davenport, University of Iowa Hospitals and Clinics Michaelanne Widness, Melrose Avenue Neighborhood Association jccogtp/rnem/melrsign.doc February 25, 1998 Washington Street Business Owner ~,,~:.,~j~ Dear Business Owner: CITY OF/OW I CITY It has recently been brought to my attention by both the Iowa City Police and by a business owner on Washington Street that there are confusing parking signs regarding the commercial loading zone on the south side of the 100 Block of East Washington Street. Specifically, the signs just west of Dubuque Street say "Parking for Commercial Vehicles Only - 15 minutes", which allows loading and unloading of commercial vehicles in the right travel lane. However, non-commercial vehicles frequently stop and park in the right travel lane, reducing Washington Street to one lane. This has caused numerous citations to be issued to tow vehicles. After reviewing the situation, I have determined that signing a commercial loading zone in a travel lane is not necessary because Iowa City Code allows commercial pick up and delivery in a travel lane under reasonable circumstances. 9-4- l (a) 11. No commercial vehicles used for pick up or delivery of merchandise or goods or passengers shall be stopped or parked in a lane of traffic when a parking space, loading zone, or any other space is available at the curb or in an alley within 150 feet (150~ of any building where pickup or delivery is to be made. This implies that stopping in a travel lane is permitted for commercial pick-up and delivery when parking is not available. Therefore, to clarify the situation for non-commercial vehicles it is proposed to repeal the existing signage and post this part of Washington Street "No Parking Anytime". Commercial vehicles will still be allowed to Icad and unload as they currently do, but there will be no question that the right lane is a travel lane. We have also been contacted by a Washington Street business regarding the commercial vehicle loading zone on the south side of this block just east of Clinton Street. This zone is cut into the curb and not part of the travel lanes. It was requested that this commercial loading zone become an undesignated loading zone similar to the one on the north side of Washington Street, to allow non-commercial vehicles to utilize this space for pick up or drop off. Parking enforcement staff tell me that more than half of the vehicles using this zone are non- commercial. Prior to recommending any changes, I would like to get your opinion on the two issues discussed above. Please take a moment to answer the following questions and return the attached sheet to me in the enclosed postage- paid envelope by Friday, March 6, so this matter can be resolved. If you have any questions or would like additional information please do not hesitate to contact me at 356-5254. Sincerely, Doug Ripley JCCOG Traffic Engineering Planner CC: City Council Steve Atkins, City Manager Jeff Davidson, Assistant Director, Department of Planning & Community Development Joe Fowler, Director, Parking & Transit Bill Dollman, Parking Manager Pat Harney, Captain, Iowa City Police Department Im\ltr~dr2-24.doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1iB26 · (319) 3S6-5000 · FAX (319) 1. Are you in favor of removing the commercial vehicle loading zone designation in the right travel lane of Washington Street west of Dubuque Street? Yes No 2. Are you in favor of changing the existing commercial vehicle loading zone on the south side of the 100 block of East Washington just east of Clinton Street to a loading zone for all vehicles? Yes No Comments: Name: Business: Address: Im\ltr~r2-24.doc PRESS RELEASE February 24, 1998 ~'~;.~. CiTY OF I0 WA CiTY Contact Person: Brad Neumann, Solid Waste Management Planner Johnson County Council of Governments Phone Number: 356-5235 Last fall, the Iowa City City Council approved the Iowa City Landfill Waste reduction Grant Program. This program provides $25,000 annually to a competitive grant program that targets waste reduction efforts throughout Johnson County (including Riverside and Kalona who are part of the Iowa City Landfill service area). The funding comes from the state required landfill surcharge account which is part of the landfill disposal fee. The program funds up to 75% of the project, not to exceed $5,000. Them were 8 grant applications received for the first round of funding. At their February 23, 1998 work session, the Iowa City City Council approved the funding of the following projects: Applicant Funding Request Applicants Share Total Cost of Project City of Swisher $ 2,250.00 $ 750.00 Project Description: 400 curbside recycling containers with lids. $ 3,000.00 City of Lone Tree $ 3,375.00 $1,125.00 Project Description: 600 curbside recycling containers with lids. $ 4,500.00 City of Solon $ 3,375.00 $1,125.00 Project Description: 600 curbside recycling containers with lids. $ 4,500.00 City of Kalona $ 4,500.00 $1,500.00 Project Description: 800 curbside recycling containers with lids. $ 6,000.00 City of Tiffin $ 2,035.31 $ 678.44 $ 2,713.75 Project Description: 325 additional curbside recycling containers with lids. Tiffin will offer two curbside recycling containers. 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-$009 City of Riverside $ 2,035.31 $ 678.44 $ 2,713.75 Project Description: 325 additional curbside recycling containers with lids. Riverside will offer two curbside recycling containers. Univ. Heights $ 2,254.50 $ 751.50 $ 3,006.00 Project Description: 360 additional curbside recycling containers with lids. University Heights will offer two curbside recycling containers. McGregors Furniture $ 5,000.00 $1,995.00 Warehouse (Coralville) Project Description: Purchase baler for cardboard and plastics. $ 6,995.00 Totals $24,825.12 $ 8,603.38 $33,428.50 The next funding cycle for the Iowa City Landfill Waste Reduction Grant Program will be in December 1998. Please call 356-5235 for more information. jccogsw/pr-gra nt .doc Council on Disability Rights and Education MEETING AGENDA MARCH 3, 1998 - 11:00 A.M. CITY COUNCIL CHAMBERS CIVIC CENTER -410 E. WASHINGTON ST. IOWA CITY, IA 52240 Introductions Approval of Minutes Committee Reports a. Housing & Public Relations b. Transportation c. Public Accommodations Report of Board of Directors Other Reports a. UI Skywalk Accessibility b. Downtown Streetscape c. Snow/Ice Removal Task Force Other Business Next Meeting Agenda -- May 5, 1998 Adjourn CC: Iowa City City Council Johnson County Board of Supervisors CDRE MISSION STATEMENT The Council on Disability Rights and Education (CDRE) is a non-profit educational organization dedicated to accessibility, full participation and inclusion of persons with disabilities. Our mission is to act as a comprehensive, community-wide educational resource for promoting disability awareness, to provide technical assistance and to encourage compliance with disability civil rights legislation. Our goal is the attainment of community-wide accessibility and the full participation of persons with disabilities to all facilities and services within our community. mgr/asst/cdre-agd.doc Council on Disability Rights and Education Date: To: From: Re: February 23, 1998 CDRE Members Dale Helling, Secretary Schedule of Upcoming Meetings The CDRE will continue to meet on the first Tuesday of each month. However, the group has decided to begin the meetings at 11:00 a.m. rather than 10:00 a.m. All meetings will conclude no later than 1:00 p.m. and attendees are welcome to bring a brown bag lunch. Unless otherwise designated, all meetings will be at 11:00 a.m. in the City Council Chambers at the Civic Center, 410 E. Washington Street. Meeting dates over the next year are as follows: March 3, 1998 May 5, 1998 July 7, 1998 September 1, 1998 November 3, 1998 January 5, 1999 Im'u~nem\dh2-23.doc Council on Disability Rights and Education MEETING MINUTES JANUARY 6, 1998 -- 10:00 AM CITY COUNCIL CHAMBERS, CiViC CENTER -- 410 E. WASHINGTON STREET PRESENT: Keith Ruff, Tim Clancy, Nancy Ostrognai, Jane Monserud, Dale Helling, Orville Townsend, Marjorie Hayden-Strait, Linda Severson Chairperson Ruff called the meeting to order. Those present introduced themselves. Minutes of the meeting of December 2, 1997, were approved as presented. COMMITTEE REPORTS None of the committees met during the month of December. All have plans to meet in January. On behalf of the Transportation Committee, Clancy indicated that he had received a letter from the Greyhound Company regarding their intent to address accessibility. A copy of his letter will be made available to be included in the next packet. OTHER RFPORTS a. Iowa Avenue Streetscape David Schoon from the City Planning Department made a presentation. He indicated that the design process is on hold until the broader downtown streetscape renovation project design is farther along. That should be accomplished in the next few weeks. The Iowa Avenue project is not intended to create a boulevard but rather to widen pedestrian ways and provide landscaping while leaving parking on either side of the street and traffic movements in the center. The City is concerned with the loss of any existing parking and is looking at the alternative of building a parking garage in the 300 block of Iowa Avenue. It is not seen as desirable to attempt to complete the Iowa Avenue project until a parking facility is completed to provide for the 192 parking spaces that would be lost as a result of the total three block streetscape project. The new ramp would probably provide between 200 and 400 spaces. Additionally, the streetscape project should provide better at grade access to businesses along the south side of Iowa Avenue, at least those in the 100 block. b. University of Iowa Skywalk Jane Monserud reported on behalf of Lon Moeller. She indicated that no formal decision on the project design has been made. In any case, Student Disability Services representatives will be consulted to review the design for accessibility before any approval is given by the University. At the current time the entire design issue is being reviewed. c. Snow/Ice Removal Letter It was noted that a letter from Orville Townsend was included in the agenda packet. There was consensus of those present that some type of program involving the 2 maximization of government and community resources for clearing sidewalks and curb ramps should be pursued. Nancy suggested that other agencies such as AARP could be included. The question is how to approach the issue in the community. There may be neighborhood resources available which could be prompted to act as a result of problems brought to the attention of the CDRE or other clearinghouse agencies. It was agreed that there is a need to define what the City responsibility will be as well as that of property owners. Orville will chair a task force to develop ideas and come up with a proposal for implementation. Helling, Hayden-Strait, Clancy, Ostrognai and Townsend will make up the task force. The goal will be to develop a program for implementation next winter. FUTURE MF:ETING SCHEDULE It was decided that future meetings will be held on the first Tuesday of every other month (next meeting in March) and that these will be luncheon meetings (brown bag) beginning at 11:00 a.m. and concluding no later than 1 p.m. Helling will develop a calendar of meeting dates for 1998 and will include this in the next agenda packet. Those present confirmed their hope that the elimination of monthly meetings would result in more time being spent by members on various committee issues. OTHER BUSINESS Marjorie Hayden-Strait advised those present that she intends to organize a new public relations committee. She will be working with several other members to develop a strategy which will include the use of local access television outreach efforts. Meeting adjourned. mgr~asst\cdrel-6,doc Council on Disability Rights and Education Date: To: From: Re: February 23, 1998 CDRE Members Keith Ruff, Chairperson Sidewalk Snow Removal Task Force Attached please find copies of materials generated by the ad hoc task force on sidewalk snow removal. These will give you an idea of what we have accomplished so far. We have met twice and will continue to develop the program to be in place for the 1998-1999 winter season. We would like a couple of additional volunteers for the task force. Please consider giving your time and energy for the next few months. It won't require a lot. Im\mem~kr2-23.doc Council on Disability Rights and Education MINUTES FOR ICE/SNOW REMOVAL TASK FORCE FEBRUARY 20, 1998 9:30 AM IOWA CITY CIVIC CENTER PRESENT: Dale Helling, Nancy Ostrognai, Linda Severson, Human Services Coordinator for Johnson County Council of Governments; Marcia Klingaman, Neighborhood Services Coordinator for the City of Iowa City; Keith Ruff, Orville Townsend Dale started the meeting by sharing with the group that he felt that we were dealing with several issues: 1) concerning snow removal for downtown Iowa City the business owners will be responsible for removing snow/ice in front of their establishments, 2) snow removal in the neighborhoods will create a different problem. Since residents will have responsibility for removing snow/ice off of their sidewalks it is more difficult to pinpoint problems and then enforce the City Ordinance regarding snow removal, 3) we can use the media to get the work out regarding the importance of removing snow from sidewalks, and 4) we can create a volunteer group to help clear snow/ice from sidewalks and curb cuts. There was some discussion about whether the current system is working and Nancy shared with the group that in the past snow removal had not been adequate at some bus stops. Dale mentioned that the transit system takes care of snow removal in those areas. The group also agreed that it might prove advantageous if the transit system knows where citizens using wheelchairs are located. Marcia mentioned that one Neighborhood Center has already set up a clearing house. It was also mentioned that due to confidentiality that publishing individual's names, addresses, and telephone numbers must not occur without first getting their permission to do so. Orv suggested that we need to find out where individuals using wheelchairs are located, and the times they are out and about and the routes that they will be using. After further discussion the group agreed that the following areas will need attention: publicity and creating a clearing house/volunteer pool. The group also agreed to form subcommittees to deal with these areas. Keith and Nancy will work on the publicity subcommittee and Orv and Dale will work on the clearing house/volunteer subcommittee. Linda and Marcia will provide support where they can. Absent members Tim Clancy and Marjode Hayden-Strait will be asked which area they wish to be involved in. Orv mentioned that he would look into the possibility of creating a questionnaire to be distributed to VR clients to get information relating to whether they have had problems regarding snow/ice removal blocking their routes. It was also agreed that during the next CDRE meeting we would check to see if other members would like to work on the above-mentioned subcommittees. It was recommended that Orv might check with Carol Lear (358-9360) at the Volunteer Center to see if she might have suggestions to assist us in our efforts to create a clearing house/volunteer pool for snow removal. Meeting was adjourned at 10:15 a.m. mgr\asst\snowtask.doc City of Iowa City MEMORANDUM Date: February 12, 1998 To: From: Re; Orville Townsend, Keith Ruff, Tim Clancy, Nancy Ostrognai, Marjorie Hayden-Strait Dale Helling ~ Sidewalk Snow Removal This will confirm the next meeting of our ad hoc committee on Friday, February 20, 1998, at 9:30 AM. We will meet in the Lobby Conference Room in the Civic Center. This is the small conference room adjacent to the entrance to the Police Department. Enclosed you will find a copy of the minutes of the first meeting of our committee on January 15. On January 29, I met with Marcia Klingaman, Neighborhood Services Coordinator for the City, and with Linda Severson, Human Services Coordinator for the Johnson County Council of Governments. The purpose of that meeting was simply to "pick their brains" about what resources would be available to us as we pursue our goal. Among the things we discussed were the following: · Creation of some type of clearinghouse for people to report uncleared sidewalks. Some sort of "friendly reminder" from the CDRE to individuals who do not clear their sidewalks. This could also include information regarding resources in the community for assistance in snow removal. For example, the Elderly Services Agency coordinates a service for elderly persons who are unable to shovel their own snow. In addition, there are a variety of resources that will provide snow removal services at a reasonable fee. · Use of the City newsletter which is sent out semi-monthly with utility billings. This could involve reminding people to remove snow, solicit the volunteers for the program, etc. While there are approximately 20 Neighborhood Organizations in the city, only five or six of these have a regular'newsletter. However, the Neighborhood Services Coordinator does send out a packet of information to all the neighborhood organizations on a regular basis. This may provide an opportunity for us to communicate with them. We should keep in mind, however, that all areas of the city are not represented by a neighborhood organization. It was also suggested that there are a variety of other resources that we could tap into in order to disseminate information. Some of these include the religious community, advocacy groups for persons with disabilities, the Senior Center Post, the Advertiser, local access cable tv, just to name a few. Both Linda and Marcia have agreed to attend our meeting on the 20th. At that time we will have the opportunity to ask them further questions. I look forward to seeing you all on the 20th. cc: Marcia Klingaman Linda Severson bc~memos~4-2DH.doc MINUTES ~DATE: TIME: PLACE: TOPIC: January 15, 1998 1:00 p.m. Iowa City Civic Center Ice/Snow removal Present: Dale Helling and Orville Townsend The meeting was scheduled for 1:00 p.m. on this date. Since other members did not show up Orville and Dale decided to briefly discuss the situation to see what options and alternatives might be possible. When taking a look at the current situation concerning ice and snow removal, it seems that we have to divide the situation into two categories. We will be dealing with snow and ice removal in the downtown area which would involve businesses, and we will also be looking at ice/snow removal in the neighborhood/ community areas. Dale felt that it would probably be easier for the City to come up with a strategy to deal with the downtown area. Dale also felt that we will probably need assistance concerning coming up with workable solutions to address the ice/snow removal needs in the neighborhood areas. After further discussion, Dale indicated that he would speak with Marsha Klingaman who is the City's Neighborhood Services Coordinator. During that meeting he will attempt to get feedback relating to how that department might fit into our efforts. Dale will also meet with Linda Severson of Johnson County Council of Governments to see if she has any ideas that can assist us in dealing with this problem. It was agreed that during his meeting with both Marsha and Linda that Dale would get dates that they would be available to meet with our committee and a meeting would be scheduled on a date that was convenient to their schedules. As soon as Dale has met with Marsha and Linda, he will get back to me and based upon the information received, I will attempt to schedule our next meeting. If you have questions, feel free to contact me at 354-4766. Respectfully sub?yd by: Orville H. Townsend, Chairperson B2/25/9B BB-'48:29 319-354-4213 -> 31935658B9 IO~l~ CI?¥ CLERK Page BB1 Johnson County ,ow,,.? Joe Bolkcom, Chairperson Charles D. Duffy Jonalhan Jordahl Stephen P. Lacina Sally Stutsman BOARD OF SUPERVISORS 1. Call to order 9:00 a.m. February 26, 1998 FORMAL MEETING Agenda 2. Action re: claims 3. Action re: formal minutes of February 19th 4. Action re: payroll authorizations 5. Business from the County Auditor a) Action re: permits b) Action re: reports c) Other Business from the County Attorney a) Report re: other items 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-6086 BZ/ZS/gB BB:4B:4B 319-3.54-4Z13 -> 3153565889 II]~a CITY CLARK Page BBZ Agenda 2-26-98 Page 2 7. Business from the Board of Supervisors a) Action re: provider contract with Successful Living for Supported Commumty Living services and authorize Chairperson to sign. b) Action re: resolution authorizing weight embargoes on Secondary Roads. c) Action re: Secondary Roads supplemental construction program and authorize Chairperson to sign. d) Action re: agreement for Comprehensive Land Use Plan update with Countryman Group Planners. e) Motion accepting Doreen Nidey's resignation from the Johnson County Task Force of the Heritage Area Agency on Aging. f) Motion appointing Bill Witfig to the Compensation Commission for a term ending December 31, 1998. (Owners of City or town property) g) Motion appointing Chad Andrews to the Johnson County Ambulance Advisory Board for an indefinite term. (This replaces Tom Clearman's position) h) Motion appointing Emily Sutphin to the Johnson County Cluster/Social Welfare Board for a term ending December 31, 1998. i) Other 8. Minutes received 1. Johnson County Cluster/Social Welfare Board for February 9, 1998 2. Coralville Public Library Trustees for February 4, 1998 9. Adjourn to informal meeting. a) Discussion re: S.E.A.T.S. b) Inquiries and reports from the public c) Reports and inquiries from the members of the Board of Supervisors d) Report from the County Attorney e) Other 10. 5:30 p.m. - Public Heating on FY '99 proposed budget. 11. Adjournment Monday Feb. 23, 1998 Tc ~hose persons interested iD the proposed ~takeover kv the ~City Of Iow'a city the operation of the SEATS paratransit I introduce ~myself as Irene E. Murphy, a resident of Io%,~a city since Nov'. 1951 (46 1/2 years) and thank you Ior atte. nding. I p~rticipat~.d in th~ Mon~-~b. 9 meeting in Lhi-~ ~am~ lou¢~blon. - I.as-...FridaL:., Fe]~. 20, I have learn.ed~_~r__tke~t that T hsd "crm.~hmd'_'__ the!meetim. g held in room G08. at thee Johnson Countv-Io%{a Citv Senior Citizen Center, because after learning t~..ere wa.~ to be on there T decided l to remain for it h.avi_n_g_ o_n/y_a__f~j~_~3.nu~es_bef~r~ learned about it. It was two days later that I was told it was "by inv!tatzon when I questioned whv I hadn"t seen ~ certsin individual _ ! - there. That fact in i~f§e3. t was d.~.sturbing to me because I immed~a~!.v won~:rcd about the '~peR-~e'~ng" law~~c~orevious ~b-~m~~~t~ my-background---Seven-~~~ chl ldzen-~s-~-~-at--Merc'v still living only 3 sons have remained it. the Icwa Citv area as well as a daughter who has variously been referred to as developmentally disabled, moderate-~ mentally ref~d. ed, slow learner, etc. In 1970 I was presented the Goodwill Worker'of the Year Award. Now lto get to the business at. hand-- ARE YOU LISTENING? LeVi me express my a~iration for ~.se~_' o struggle tc voice ~r concerns wb~ ~b Tth~ nk w~s v~_r_y, !.n~_e_ 11igen~~zcd.- doing' as 9~ood a job as sb~ did. I.'d0n't know the name of .the man.who chaired the fir~st meeting here but kudos to him also To Lh~ b~s'L of my ~bi'liLy I will at.te~,p~t to sLu~ar~ze some of the I 0~' hopc you think I-~ po~n~n-~ 1 Concern for coverage .by insurance ·company for what was mentioned as no~ being able to escort people to their door~. Do yourmean Lo tell me the county has been operating the~ degree of service i~ has wi%hout adequate - insurancc ? 2.That it' s ~n~.nded by the council ~3o fo~')~, ........ ~Y~--~%~T.~t'~;vr~L:~-iL,Q~~-~,ov.idad. It can'.~-~done in the a C'd~,'n-i$sion to address or 'f~ame projected---~s--~f-J~ly-I -- pass an ordinance ~to create the c~mmission --hold public hearings =-adver'tise for potential members 3'It came across to me loud and clear that the handicapped are merely e~pecting the same ca/iSer ol service to which they h~a~re--b-eL~ome7- ~qcu~tnm~d ~o Iowa City Historic Preservation Commission 410 E. Washington St. , Iowa City, Iowa 52240 ~,,~ .............................. City Council City of Iowa City 410 E Washington Iowa City, IA 52240 Members of the Council: It is necessary to respond to Ms. Patricia Eckhardt's letter to Council of February 16, 1998, in which she protests the "handling of the Requests for Proposal process by the Iowa City Historic Preservation Commission". Ms. Eckhardt's ire has been drawn by the Commission's decision of January 13, 1998, to award the survey and evaluation contract for the Original Town Plat Survey, Phase II, to Svendsen Tyler, Inc., Sarona, Wisconsin, rather than Eckhardt Research, Iowa City, Iowa. While there are a number of inaccurate statements contained in Ms. Eckhardt's letter (which can be documented at Council's request), I believe the thrust of her protest to address the following three issues: · The process the Iowa City Historic Preservation Commission uses to select consultants is not based solely upon the criteria of lowest cost. Relative qualifications of consultants need not have been considered relative to this particular project, as the nature of the work requested is "so exact and the historical and architectural survey process so prescribed, that different consultants will produce basically the same product". · Ms. Eckhardt was not selected for this project because she is a resident of Iowa City's Northside neighborhood, living on N. Linn Street. In Response: Ms. Eckhardt seems to misunderstand the Request for Proposal process. She uses the words "bid", "bids", or "bidder" repeatedly in her letter. This is not a bidding process. The criteria for evaluation of proposals was stated in the RFP to which she responded: Evaluation of Proposals Evaluation of submitted proposals will be based on a combination of 1) project cost, 2) clarity and quality of the proposal, and 3) the experience of the firm and/or personnel proposed to complete the project. It is not the intent nor the desire of the Commission to select consultants based solely upon cost of services. City Council February 26, 1998 Page 2 · The work of this survey is far from a "prescribed" exercise. Conclusions are not forgone. The RFP describes the work of the contract in question as the preparation of "a survey and evaluation of a portion of the original town plat..." The evaluation of any issue, item or entity is a highly subjective and interpretative endeavor. As per the scope of work, the evaluation of results and determination of meaning and significance culminates in the authorship of an inclusive report. I find Ms. Eckhardt's contention that this work is "so prescribed that different consultants will produce basically the same product" to be surprising and troubling. In December of 1995, as preparations were being made to survey the Northside and Goosetown neighborhoods, the Commission heard heated objections and strongly voiced opinions concerning the boundaries and demarcation lines between Goosetown and the Northside Neighborhood. Goosetown residents, protective of the ethnic identity of their neighborhood, did not wish to see it subsumed into some larger Historic or Conservation District. The Commission is keenly aware these feelings remain, and mindful of the potential for controversy. Ms. Eckhardt has been hired by the Commission repeatedly in the past, and we anticipate hiring her in the future. In this case, the Commission felt an out-of-town consultant with no local neighborhood affiliation, even if by accident of address, to be the best course. Ms. Eckhardt twice refers to the actions of the Historic Preservation Commission as "unethical". This is a word and charge to which I take sharp exception. On behalf of the members of the Iowa City Historic Preservation Commission, I object to this accusation of unethical behavior, and believe this word has no place in Ms. Eckhardt's letter. Respectfully submitted, John F. Shaw, Chair Historic Preservation Commission 1997 Housing & inspection Services Quick Summary Housing Authority Hired Housing Administrator Hired Section 8 Coordinator Hired Public Housing Coordinator Hired Intake Worker Identified eight families for homeownership opportunities Received highest ClAP award in state ($324,000) Awarded 100 percent score on PHMAP Established tenant and ~andlord monthly newsletters Reorganized Housing Auti~olity offices Total federal dollars received: $4,357,972 C~eated 24-hour public housing maintenance hotline for immediate response Building Inspection · Issued 907 building permits, highest number in the la.st ten years Investigated 967 complaints, up from 696 in t 996 Hired two Building Inspectors Worked with Home Builders Association to address building code issues FY97 revenues were 130 percent of expenses ($429,048 revenue) Housing Inspection Added 211 new rental propedies Established manufactured housing inspection program Continued to meet with Housing Inspection Client Advisory Group Co-sponsored fire safety demonstration FY97 revenues were 70 percent of expenses ($143,046 revenue) 1 Iowa City Housing Authority T~e Housing Authority experienced many changes, adjustments and improvements in 1997~ Further change and improvement continues eta steady pace. Public Housing Program The Public Housing Program returned to 100 percent occupancy in 1997 end sought qualified tenants when units became aveliable. The combination of a high occupency level, fester unit turn- on the Public Housing Menegement Assessment Program (PHMAP), The Housing Authority also received the largest Comprehensive Improvement Assistance Program (CLAP) award in Iowa -- $324,000 to make necessery improvements to public housing units. The Tenent Homeownership Program (TOP) was launched with an initiel group of eight families, These families have paid earnest money and ordered appraisals. Purchase agreements are being drafted and the families will begin the process to obtein mortgages when the purchase egreements are signed, Five local lending institutions will assist with mortgages. The Housing Authority staff continues to work with tenants, providing education for prospective homebuyers and monitoring the progress of current TOP perticipants. includes helpful tips, guidelines and rules. Also, in an effort to avoid future problems, the Housing Authority worked with the Police Depertment to develop e systematic record check on prospective Section 8 Program The Section 8 Progrem maximized its usege of the HUD-allotted certificetes and vouchers, which in turn increased the administrative revenue of the Housing Authority. Participation in the Family Self-Sufficiency (FSS) Program also increased, bringing the total number of program participants to 12. Additional funding was received for the Tenant-Based Rentat Assistance (TBRA) Program which allowed 35 new tenants to join the program. These new TBRA participants also signed FSS Communication between Section 8 landlords and the Housing Authority improved through presentations by the Housing Administrator and the creation of a monthly landlord newsletter A direct telephone line to the Housing Administrator was installed to provide better customer Administration The Housing Authority offices were reorganized to create a conference room for staff training and tenant briefings and individual staff offices were regrouped to create a more efficient work area. Additionally, old files have been cleaned out and discarded and the office repainted. Staff changes include the hiring of an Intake Worker, Public Housing Coordinator, Section 8 Coordinator and Housing Administrator. University of Iowa interns have provided temporary office help. The Housing Authority developed an in-house policy book to streamline staff information and new computer forms to simplify application, rent notification and recertification processes. Staff training programs include: How to Handle Your Emotions in the Workplace; computer training on Lindsey (specialized HUD software); Steven Covey's Seven Habits of Highly Effective People; and participation in National Association of Housing and Redevelopment Officials (NAHRO) state training meetings. A new Housing Authority logo can be seen on letterhead, staff shirts, the public housing truck and the front door of the office. Housing AuthoriTy Future Projects The Housing Authority plans to revise the Section 8 Administrative Plan and Public Housing Admissions and Occupancy Policy. Development is underway for a Housing Authority web site which will include an interactive application with information for tenants and landlords and general data about HUD, Iowa City and housing assistance. In an effort to improve efficiency and effectiveness, all Housing Authority operations will be reviewed. This review will include studying all processes at every position, surveying other housing agencies and implementing the best plan for the Iowa City Housing Authority. Long-range success for housing authorities depends on innovation and community support, as HUD continues its nationwide reorganization and funding cuts. Accordingly, the Housing Authority will launch partnership initiatives with local businesses and educational and non-profit organizations. Possible investment opportunities for proceeds from the Broadway Housing Project sale are being investigated and will work in conjunction with the "Housing Market Analysis and Demand Estimates" and the "Housing Issues and Solutions" to develop affordable housing alternatives for low- and moderate-income residents of Iowa City. hisasstJg raphicslan nrept.ppt 3 iowa City Housing Authority Funds Received FY97 Unit Distribution Construction activity rebounded in 1997, driven mostly by increased levels of remodeling in both residential and commercial markets. The increase in commercial remodeling is attributable to repairs of muki-family dwellings and nonresidential structures that sustained damage from the May hail storm. The sharp increase in permits for residential remodeling carlnot be attributed to storm damage since these types of repairs to one- and two-family dwellings do not require a building permit. Continued low interest rates have fueled higher levels of basement remodels and three-season porch additions to owner occupied single family dwellings. Number of Permits Residential Remodeling ... '~ k_?~ i. t ._.:'~ ~... ,,,~ Commercial Remodeling .,.,.?.~!..~:,,.....?~:~ .......,., .........~!~!~,~!i.i,:~':~~...! ' ,¢~ ,~',~; ~:t~' '".' ~¢~. ';'~:~ 993 1994 1995 ~ 996 1997 Year The number of new single family dwellings rebounded slightly from 1996 but remained well below the "boom" years of 1993 and 1994, New Single Family Dwellings .::.~.,. ....................................................................................... 1993 1994 1995 1996 1997 The median value of a new single family dwelling declined only slightly. l~ledian Values of Single Family Dwellings 8!42,91900 $135,32350 $150,000.00 $1oo,ooo.oo ; $50,000.00 i ,d!¢'.~ i ~.~11~;('i~. ,',~.' i l,'U",,'~'i' ; ~,'~.,' s- i___:'~i._~'""'~'""' t ..... 1 993 1 994 1995 1996 1997 The total number of all building permits processed in 1997 exceeded that of any previous year, while the total value of all construction remained below that of 1993 and 1994, Total Build in g Permits i .;,:;::, ,.. ".,::'";;'; ':" ': ..':,.,..,~:,: ii':~';i': :' :'~"~!"' ;i. ~.:"".' i'i. ~':.,'"i'i'~'~:..~!' '.' 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 Total Value of All Construction 1~1 1992 1993 I ~,,,r, ! fi,~,,~ : :~i~'~: , .i...~ i.~ 1994 1995 1996 Other building inspection division activities experienced similarly high levels of demand. Electrical, plumbing and mechanical permits were all up slightly from 1996. 1997 also brought staff changes in the division, The expected retirement of one inspector and the unexpected departure of two others left the division at less-than-full staff for several months. Two new inspectors have joined the staff and a third will begin in March 1998. Training the new inspectors will be a high priority in order to maintain quality customer service, ~--'~ Complaint investigations Complaints are received by the Department of Housing and Inspection Services from citizens requesting an investigation of a problem or concern regarding snow, weeds, zoning, or nuisance vlolations. The voidme of complaints was substantially higher in 1997 than in 1996, 1996 had fewer snow complaints than either 1995 or 1997, partly accounting tor the lower total. A breakdown of the types of complaints in 1995, 1996 and 1997 shows that the number of "othe¢' complaints (not snow, weeds or zoning) rose in 1996 and 1997 due to investigation of properties having no rental permit. Also included in the "other' category are dangerous building complaints and investigations of demolition work done without permits, Zoning and nuisance complaints include: accessory uses; fences and hedges; home occupations; inoperable or obsolete vehicles; iunk and salvage materials; over-occupancy; parking; signs and trees. 1,000 800 - ~//~ 696 · 636 600 [ [ i [ I 1993 1994 1995 1996 1997 Breakdown of 1997 Complaints: Sign Permits 1997 marked a five-year high in the number of sign permits issued in towa City, The total number of sign permits issued in each year 1993-1997 is: 7~/~ .---, ,~ Housing ~nspection Housing inspection activity increased in 1997 with 211 new rental properties added to the rental inspection schedule. Housing inspectors have also been active in licensing rental manufactured housing units to ensure fire safety compliance. iowa. City has 1~ f 39 licensed single-family rental structures, 978 licensed duplexes, and 1,029 licensed multi-family structures and rooming houses for a total number of 14,100 rental units in iowa City. Inspections are performed annually on fraternities and sororiIies, while multFfamily structures are inspected every two years and single-family and duplex structures are inspected every three years. In 1997, 6,568 total rer~tal units were inspected in a total of 2,129 inspections of structures. Breakdown of inspection Types ~ Cltp of' CITY COUNCIL INFORMATION PACKET March 6, 1998 IP2 IP3 I IP4 IP5 IP6 IP7 IP8 IP9 IP10 IPll IP12 IP13 IP14 IP15 IP16 IP17 IP18 IP19 MARCH 9 WORK SESSION ITEMS Memorandum from Planning and Community Development Assistant Director: Boulevard between Iowa Highway 1 and Plaen View Drive Memorandum from City Manager: Good Neighbor Policy Memorandum from Assistant City Manager: Cable System Upgrade Franchise Agreement I Mormon Trek - Violation of the Memorandum from Memorandum from Memorandum from Memorandum from Memorandum from MISCELLANEOUS ITEMS City Manager: Council Goal Setting City Manager: Well Investigation Program - Update City Manager: Coralville Reservoir Section 216 Study City Manager: Pending Development Issues City Manager: Some Upcoming Dates of Interest Letter from City Manager to James Mudd (Corps of Engineers): 216 Reconnaissance Report Letter from Mary Splitter (US West) to City Manager: Phonebook Recycling Memorandum from Assistant City Manager: Cable TV Rates - Federal Commission Orders Memorandum from Memorandum from Memorandum from Memorandum from Memorandum from Coralville Reservoir Section Assistant City Manager: Various Articles City Attorney: TCl $5 Late Fee Charge Administrative Assistant: Mail City Clerk: February 9 Council Work Session City Clerk: February 12 Council Work Session Communications Memorandum from Planning and Community Development Director: Summary of City Council Decision-Making at February 26, 1998, Work Session: Downtown Investment Initiative Letter from Marilyn Holland to Planning .and Community Development Assistant Director: Proposed Parking Facility ICPD Use of Force Report - February 1998 March 6, 1998 Information Packet (continued) 2 IP20 IP21 IP22 IP23 IP24 IP25 IP26 IP27 IP28 IP29 IP30 Memorandum from Parking & Transit Director and Transit Passes Letter from Brian McClatchey (CAMBUS) to Transit Manage[: Service Release: Fully Accessible Transit Fleet Release: Johnson County Waste Tire Collection Program Release: Spring Sweeping Schedule Release: Water Main Installation Release: Highway 6 Closure and Detour Agenda: March 3 - Johnson County Board of Supervisors Meeting Agenda: March $ - Johnson County Board of Supervisors Meeting Manager: Memorandum from Ci~ Clerk: Februa~ 23 CouncilWork Session Memorandum from Ci~ Cle~: February26 CouncilWork Session Agenda for the 3/10/98 meeting of the Board of Supervisors. "Back from the Brink: Saving America's Cities by design" info Youth Semester Bus regarding movie. City of Iowa City MEMORANDUM Date: To: From: Re: March 6, 1998 · City Council Jeff Davidson, Asst. Director, Dept. of Planning & Community Development Mormon Trek Boulevard between Iowa Highway 1 and Plaen View Drive On Saturday, January 10, staff met with you to discuss Capital Improvement Program projects. At that meeting Council expressed interest in a project to reconstruct Mormon Trek Boulevard to four lanes between Iowa Highway 1 and Plaen View Ddve. This would make this segment of Mormon Trek Boulevard consistent with the four-lane section to the north. The need for additional street capacity in this area is due to overall traffic growth in the community, as well as development of the Westside Park Subdivision in the immediate area. A resubdivision of Westside Park was recently approved by the City Council which allows construction of a convenience store, a car wash, and a McDonald's restaurant at the comer of Mormon Trek Boulevard and West Side Drive. These businesses will generate very high volumes of traffic, although most of the traffic will be diverted from the existing traffic stream and not be "new" traffic. H.R. Green Engineering Consultants are currently under contract to design the relocation of Dane Road in conjunction with the Airport Master Plan. In light of Council's interest in Mormon Trek Boulevard we have amended Green's contract to also include a concept design for Mormon Trek Boulevard and the Highway 1/Mormon Trek Boulevard/relocated Dane Road intersection. This concept design will allow us to generate a cost estimate for a Capital Improvement Program project for Mormon Trek Boulevard, which you will then need to prioritize in the CIP. When the resubdivision of Westside Park was approved, it was conditioned on the developer providing a right-turn deceleration lane on Mormon Trek Boulevard, and an eight-foot sidewalk along the Mormon Trek Boulevard frontage. We are now attempting to see if these improvements can be incorporated into the larger Mormon Trek Boulevard improvement project, so that they will not need to be torn out when the larger project is completed. Our question to you for your March 9 work session is if the developer's improvements cannot be incorporated into the larger Mormon Trek Boulevard project, do you wish us to collect a fee in lieu of the improvements which can then be used to construct a portion of the larger Mormon Trek Boulevard project? Unfortunately we do not have cost estimates for either of these projects, however, to give you an idea of the order of magnitude we are probably talking about $250,000-$300,000 for the larger Mormon Trek Boulevard project, and probably around $50,000- $60,000 for the developer's improvements. This decision requires you to give some indication as to when you would implement the larger Mormon Trek Boulevard project. We recommend collecting a fee in lieu of improvements from the developer only if you plan on having us construct the larger Mormon Trek Boulevard project in the 1999 construction season. Street improvements need to be made to this area as soon as possible because of existing traffic concerns combined with the construction of the high trip generating commercial uses. Let us know at your March 9 work session how you would like us to proceed. CC: Steve Atkins Chuck Schmadeke Rick Fosse Karin Franklin John Yapp John Moreland Sarah Holecek Marcia Klingaman Im\mem\jd3-5.doc I I I I I I I I I iii City of Iowa City MEMORANDUM Date: March 5, 1998 To: City Council From: City Manager Re: Good Neighbor Policy From time to time the City Council, City staff and other representatives of our local government have been criticized for some our citizen participation practices, policies, processes, etc. Often it is constructive criticism as to how we might improve the process, however much can be simply identified as dissatisfaction by a citizen in their inability to influence .decisions. It is often expressed by "We didn't know that," "1 was never informed," ''Why wasn't I told," 'q'he paper said," etc. These responses are all too familiar. The decision making/citizen participation processes that are most often criticized involve land use and development interests. The importance of property value to property owners and the effects of development occurring around them is at stake. I believe this criticism is often unfair and many times unfounded. I believe research into the citizen participation efforts of other communities would demonstrate that our community efforts are commendable. Be that as it may, we need to listen to constituent criticism with respect to citizen participation and determine how we can improve opportunities for our citizens to become as involved as they desire, while at the same time protecting as well as respecting the rights of all parties involved. As you are aware, other than the requirements of law, such as legal notices, etc., which are clearly defined, the citizen participation process is often without a formal definition. We try to incorporate an effective citizen participation process given the circumstances at the time and given the nature of the issue we are presented. Neighborhood associations will spring up to deal with a particular development issue and then just as quickly go away when the matter has been resolved. I do not believe this helps reinforce citizen participation but merely serves to support overly parochial interests. Citizen participation to be truly successful needs to demonstrate it can be sustained over time and not relegated to one issue on one given day. We have initiated many citizen participation practices in routine project planning such as early neighborhood involvement in capital project planning, the use of neighborhood meetings, the use of neighborhood associations for distribution of information, cable television network information programs, public service spots, etc. We have also created other participation activities as demand occurs and City Council interest dictates. The importance of citizen participation in our local government decision making has been established as a desirable goal. Our office of neighborhood services helps support this goal. In researching this subject matter, particularly how to improve citizen participation as well as respond to a concern I have for the criticism we have received, we have learned from the efforts of other communities. The City of Glendale, Arizona, a suburban city of 140,000 near Phoenix, has undertaken some unique citizen participation initiatives. We learned from Glendale as well as other communities how to create citizen involvement opportunity. Some communities have informal processes, others use policy statements, one has an ordinance directing the citizen participation process. The criticism of failures in a citizen participation, process, policy, or practice is overwhelmingly directed at the institution, that is the local government, school district, 2 etc. for this failure to communicate. This criticism most often comes from the individual or group of individuals who believe they have not had sufficient opportunities to participate. While such criticisms are often justified, citizens have an obligation just as the institutions involved. The City Council has legally defined public notice responsibilities and also, as noted earlier, will go well beyond that responsibility to create opportunities. Likewise neighbors have an obligation to keep neighbors adequately informed of plans as they relate to development decisions. Neighbors include property owners and developers and any petitioner to the City Council for some type of development decision. It seems that it is expected that the local government will cause a complete, thorough and understandable citizen process to occur. When in fact if neighbor talks to neighbor the citizen participation process can be substantially fulfilled without the direct involvement on the part of the local government. We can feel far more comfortable that substantive information has been exchanged amongst neighbors and the information exchanged is by those closest to the issue at hand. The public hearing, its notices, (official processes) etc. can support the neighbor to neighbor process. The attached policy proposal has been fashioned from our research and is called our "good neighbor" policy. It is specifically intended to provide information to our residents, property owners and others who might be interested in development issues as to how they can cause citizen participation to occur. It provides for a reinforcement of existing citizen participation practices. It encourages information exchange to occur at a level I would believe to be most helpful in supporting the upcoming formal process of hearings and meetings for development decisions, such as zone changes, plats, capital projects, etc. In order to accomplish a good neighbor policy we will provide any applicant for any type of development issue with a copy of the attached policy and encourage them to utilize this information in their project planning. The policy provides for citizen participation checklist, helpful ideas on the exchange of information amongst neighbors, and in general will encourage good neighbor relations for all of our citizens, residents, and property owners particularly those that may be appearing before the City Council on some type of development decision. When our citizens assume responsibility for participation/information, our community is better served and our government practices (hearings, meetings, development decisions) are likely to be more productive. mg r/mem/goodneig.(toc Good Neighbor Policy Iowa City residents, property owners, and others have demonstrated an interest in local government development issues. These same people have become more insistent in being involved in the decisions they believe affect them. In an effort to make the development process run more smoothly and to meet the needs of this more interested citizenry, a new policy has been developed to help create more opportunities for early, and hopefully more effective, citizen participation. This is called our Good Neighbor Policy. Its purpose is to encourage adequate opportunity early in the project planning process to discuss, understand, and try to resolve neighborhood issues related to the perceived impact of a proposed project. It certainly does not guarantee success but is instead a tool to help guide you through development review and encourage your initiative and involvement beyond any current legal requirements for notification, participation, etc. What follows may be described as helpful hints; others may view it as a checklist of suggested actions. Action on your part is not required, but is encouraged. The City's legal notification obligations do not change; however, developer/citizen reactions can hopefully improve and thereby add to our community's information network and a positive outcome to the development process. rngr/goodneig.doc 1 Citizen Participation Checklist Who Might Be Impacted By Your Project? Have I identified the residents, property owners, businesses, and others interested in my project proposal? who might be Have I identified who will be directly affected? Have I identified those who will not be affected, but who think they will? Have I identified everyone who may want to get involved, even though they realize they may not be affected? Most residents of a neighborhood have different concerns depending on what part of the neighborhood they are in. A resident living immediately next to your proposed project's site may have very different concerns - and more strongly held concerns - than the rest of the neighborhood. A resident living on a busy collector street in the neighborhood may have much more concern about the traffic impacts of your project than someone living on a cul-de-sac. Treating the entire neighborhood as if they have uniform concerns may cause you to miss important issues. Project Concerns, Problems, and Issues ~ Have I thought about my project from the perspective of the people listed above? Have I identified some of the concerns or problems they may have? What are the concerns, problems, and issues related to your project, as seen through the eyes of these people? Put yourself in the place of these people. How will they see your project? As an enhancement to the neighborhood? Or will they be concerned that your project will create traffic that may affect them? Will they be concerned about the hours you plan to be open? The quality. of housing you intend to build? Try to predict what you will hear during the public hearing process so you can be better prepared to respond. We have found that applicants that do a good job of thinking this through are better prepared to discuss thorny issues with citizens. Notification Have I decided which public notification techniques might be most appropriate for this project? How will you notify interested parties and how will they be able to comment on your project? There are a number of participation and notification techniques which can be used. Neighborhood meetings and letters are the most common, but there may be other methods of communication and interaction you want to use. Applicants have had success with open houses, tours of other projects, informational flyers, and news releases. What will connect you with the people who need to know about your project? How can you best inform them of what you want to do? Getting the Word Out Have I considered different techniques for getting the word out to interested parties about my project? mgrlgoodneig.doc 2 This may involve many different techniques, but they all fall into two basic categories - written communication and face-to-face discussion. Written information is always a part of the participation process. Whether it is a meeting notice or general information about your project, it is critical that you give people background about your project, including a description of the project, what process you are going through, and what decisions related to the project have already occurred. Do not assume people know your corner has been zoned for a shopping center for years. You need to tell them. To ensure that meeting notices are effective in getting people to your meetings, you need to consider not just what you want to tell people in your notice, but what form it should take. What techniques can make the communication more effective? How can you help ensure people will read your mail? Consider other ways of getting the word out, like door hangers, homeowner association newsletters, local newspapers, etc. The City's Neighborhood Services Office can help you with this. It is important that all meeting notices get to people early. When you schedule your meetings, look for other events or activities that might conflict. Is it a holiday or the day before a holiday when a lot of people are out of town? Is the University in session or not? Is there a big local or neighborhood function that day? Listening to Issues, Concerns, and Problems Have I identified potential questions and concerns that the public might have regarding my project? The process I am using will be open and fair. The process of listening to the questions, concerns, and problems you hear from the public is critical to successful citizen participation and a successful project. Your role in any contact with neighborhoods is not to try and convince people your project is wonderful, but to identify questions and concerns the public has about your project so you can address them. Much of this listening can be done through group meetings. You must convey to the people attending that while you may not be able to do everything everyone wants, you are listening and the process you are using is fair and open. If someone is going to go to all the time, expense, and trouble to attend meetings, find baby sitters, rearrange their schedules, and all the other inconveniences associated with public participation, they need to believe there will be a return to them in having a quality development that does not harm their way of life. If people see your decision making process as fair, they will be much more willing to accept your proposal than if they think a project is being forced on them. Make sure whoever you have on your team dealing with the public understands the importance of listening and being non-confrontational. This will help set the tone for the entire meeting. Resolving Issues, Concerns, and Problems I have a plan to show I have considered all of the issues and dealt with them fairly. What are you going to do about the concerns you hear? You may need to revise your plans and bring them back to the public for further review. Don't feel you have to solve everyone's concerns at one meeting. If they are confident you are working with them to find solutions, people will be glad to put in time and effort to work toward those solutions. mgr/goodneig.doc 3 Try to deal with people as directly as possible. Face-to-face communication and the telephone is much better than communicating through letters. Use letters as a follow-up and to formalize an agreement already reached. The Office of Neighborhood Services can be of assistance to you. They maintain an up-to-date list of neighborhoods and their leadership. The mission of the Office of Neighborhood Services is to encourage communication among neighbors and provide assistance, whenever practical. For more information, the Neighborhood Services Coordinator can be reached at 356-5237, or stop by the office in the Civic Center. The Good Neighbor policy is another step in encouraging early and effective citizen participation. We hope that this checklist, along with our assistance, will prove to be useful. The City of Iowa City staff is always available to help you through the process. Please feel free to contact your project planner at 356-5230, should you have any questions or need additional assistance. In addition, please let us know if you have any comments or suggestions regarding our process. We look forward to working with you. mgr/goodneig.cloc 4 City of Iowa City MEMORANDUM Date: March 6, 1998 To: - City Council From: Dale Helling, Assistant City Manager Re: Cable System Upgrade -- Violation of the Franchise Agreement Attached please find a copy of a "Notice of Violation" recently sent to CableVision VII, Inc. regarding the missed deadline for completion of the Iowa City system upgrade. Also attached is a copy of a request from the Cable company for extension of that deadline to August 31, 1998. The franchise agreement requires, as a prerequisite to the assessment of liquidated damages, that TCI be given 30 days to demonstrate that a violation does not exist or cure the violation or, if the violation cannot be corrected in 30 days, submit a plan satisfactory to the City to correct the violation. The Broadband Telecommunications Commission discussed this issue at its meeting on February 23, 1998, and voted unanimously to recommend to Council that the extension be granted but that liquidated damages of $250 per day be assessed as provided in the Franchise Agreement. If the upgrade is not completed by August 31, 1998, the Commission would then consider a further recommendation to Council. A copy of a draft of the Commission's February 23 minutes are attached (see the section entitle SYSTEM REBUILD). In reviewing the recommendation of the Commission, the City Attorney has determined that technically, the granting of an extension would mean that the City is agreeable to an extension, and therefore, liquidated damages would not be appropriate. To accomplish the same result, the City would deny the extension, assess liquidated damages for the specific period through August 31, 1998, and then further consider other action if the upgrade is still not completed. Naturally, if completion occurs prior to August 31, 1998, assessment of liquidated damages would cease. The City Attorney's recommended course of action appears to be consistent with the intent of the Commission. By copy of this memo, the Commission will be advised and I understand that there will be Commission representation at your work session on March 9, 1998. Although you will not be asked to take formal action on the assessment of liquidated damages until after the 30 day period indicated in the Notice of Violation, you should begin to consider this issue so that any questions or concerns you may have can be addressed prior to the end of the thirty days. Thus, the discussion item on your March 9 work session agenda. Please feel free to contact me or the City Attomey if you have any questions prior to your work session. Attachments cc: City Manager City Attorney Assistant City Attorney Matthews Cable 'IV Administrator Im\mern\dh3-5.doc March 5, 1998 Arlenb M. Heck, General Manager TCI of Iowa 6300 Council St. NE Cedar Rapids, IA 52402 Re: Notice of Franchise Violation Dear Ms. Heck: CITY OF I0 WA CITY Pursuant to Section XX.B of the Franchise Agreement between the City of Iowa City and CableVision VII, Inc., the City of Iowa City hereby gives notice of franchise violation to CableVision VII, Inc., d/b/a TCI of Eastern Iowa. This Notice of Franchise Violation is premised on your company's failure to comply with the construction timetable for the rebuild of the cable system, as required by Section 12-4-20B of the City Code and Section VIII B of the Franchise Agreement. Pursuant to Section VIII B of the Franchise Agreement, and Section 12-4-20B of the City Code, you were required to complete the system rebuild within two years of the effective date of the Franchise, which according to City records was February 26, 1998. Your failure to timely complete the rebuild of the cable system within the above-noted timeframe constitutes a franchise violation. You are referred to Section XX.B of the Franchise Agreement, which provisions set forth the manner in which you may respond to this Notice of Franchise Violation. Sincerely, City Manager CC: CableVision VII, Inc. PO Box 4500 546 Southgate Ave. Iowa City, IA 52240 TCI of Iowa, Inc. 2199 Ingersoll Ave. Des Moines, IA 52312 TCI Southeast, Inc. 2204 Lake Shore Dr., Suite #325 Birmingham, AL 35209-6732 Dale Helling, Assistant City Manager Marian Karr, City Clerk Drew Shaffer, Cable TV Administrator Telecommunications Commission Im\ltr\sa3-2.doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA $2240-1826 · (319) 356-5000 · FAX (.119) 356-5009 TCI February 20, 1998 Mr. Drew Shaffer Cable Television Administrator City of Iowa City 410 East Washington Street Iowa City, IA 52240 Dear Draw: Pursuant to our phone conversation earlier this week, I am writing to inform you of the status of TCI's upgrade project and to request that the City grant a minor deadline extension. As you know, we have been aggressively working to meet the February 28th targeted completion date. Despite our best efforts and due to unforeseen delays in equipment delivery, availability of contractors and other circumstances, it now, appears that we will need a minimal extension of time for completion. I have provided information below, ranging from technical implementation to customer communication initiatives, that outlines and documents our accomplishments to date as well asplanned activities for on-going project phases. Full completion of the system upgrade project is expected no later than August 31, 1998 barring weather or other unexpected and unforeseeable delays. The contractor has submitted a completion schedule with an earlier date, but we want to be as conservative as possible. As we discussed previously, customers will be activated on the upgraded system as each node is completed. Customers will be receiving the new line-up in the next few weeks rather than months. Current Technical Implementation Status of the Uv~rade Project: Expansion of the headend is nearly completed. · A 30 KW natural gas generator has been installed for emergency back up power. · Fiber will be routed to the headend by the end of next week. · Approximately 28 miles of the 31 miles of fiber are in place. · As of.last week 5 nodes and several other splice locations had been spliced TCI of Iowa 6300 Council St., N.E. Cedar Rapids, IA 52402 (319) 395-9699 Fax (319) 393-7017 An Equal Opportunity Employer 2/20/98 All node and power supply locations have been identified and authorized by the power company. · Approx. 28 miles of new O/H coaxial cable has been ordered and is expected to be delivered next week. · Approx. 8 miles of new U/G coaxial cable has been ordered and is expected to be delivered next week. · RPO's (Reqest for Purchase Orders) have been submitted for a major portion of the actives and passives devices needed for the coaxial upgrade. Vendor delivery lead time could interfere with this schedule. · We anticipate starting the upgrade of the coaxial plant around the March 1 l, 1998, with completion around the middle to the end of June. · Plans are for 30 contractors to work eight hour days, six days a week and upgrading in excess of miles of coaxial plant per month. · Fiber cut-over will occur during the middle of the night when possible with all other service interruptions to occur during the hours of 8:00 AM and 4:00 PM Monday through Saturday. · Sunday work will only occur under special circumstances such as for traffic control and/or other non-standard requirements. · Denis Martel has asked that Drew and the police department be included on the project notification list that we receive from the ~contractor and they should start receiving the list next week. This will identify which areas the contractors are working in on a daily basis. Channel Lineuv A survey was completed by an outside company. Results were used to propose a channel lineup which has been submitted for review. It is expected that the lineup will be approved this week. Communication to the press will occur immediately thereafter. Project UvRrade Communication The goal of Project Upgrade is a continual communication with our customers to inform and educate them regarding the status of the fiber and cable system upgrade. As expansion of our cable system continues, customers have many venues to receive information on where and when construction crews are working. · Door Hangers are used as direct communication with households effected by Project Upgrade. Crews working on overhead or underground coaxial cable behind households are tagged with door hangers. · Project Upgrade Hotline has been set up for our customers to call and listen to a list of locations crews are working at. Updated twice a week, contractors work eight hours day, six days a week in various parts of the Iowa City/Coralville area and the message informs our customers where they can expect to see crews working. Project Upgrade Hotline phone number is 358-2894. · "Cityline" has been set up for our customers to call and listen to locations where cable crews are working. Customers can call 337-7000 category 4TCI. The TCI category is a permanent listing in the "Cityline" directory. Also, popular categories, such as 2/20/98 Financial and Horoscopes are tagged with "Press category 4TCI to listen find out where Project Upgrade crews are working." · "InfoVision," the interactive information guide through the government access channel has been set up. Updated weekly, "InfoVision" provides an informative way for customers to understand Project Upgrade's goals and locations of cable construction crews. · Two :30 commercials have been designed to inform our customers of Project Upgrade. The first commercial "We're Building It" focuses on the importance of the fiber and digital cable upgrade. The second commercial "What You See" focuses on crews working in your area. Each commercial is tagged with the Project Update Hotline, "Cityline" or "InfoVision" information. These commercials are airing on TCI cable channels, such as, CNN, ESPN, TNT, USA and many others. · A :60 Radio spot is airing on KXIC-AM (800) during the local news breaks. Also KKRQ (Fox 100.7) and KRNA (94.1) are airing the spots during prime drive time, 6am-Sam and 4pm-6pm. The commercial spots relay the message of Project Upgrade and requests customers with any cable television problems to contact TCI immediately. · A press release was sent out January 30~' with the information regarding Project Upgrade. Press Releases went to all area radio, TV and newspaper media. · A TCI bill message will appear in the February/March bills containing a general statement about the TCI Project Upgrade Hotline number. · A weather crawl is airing on channel 19. During the local news breaks, a general message about TCI Project Up~rade will appear. The message lists the Project Upgrade Hotline number, "Cityline" and "InfoVision" information. I believe the above information demonstrates TCI's good faith effort to meet the upgrade project goals. TCI regrets the delays in completing this project and requests consideration by the City to extend the completion date to August 31, 1998. Should you have any questions, please feel free to call me at 319-395-9699, ext 203. Thank you. Sincerely, TCI OF EASTERN IOWA Arlene M. Heck General Manager cc: Broadband Telecommunications Commission BROADBAND TELECOMMUNICATIONS COMMISSION FEBRUARY 23, 1998 - 5:30 PM LOBBY CONFERENCE ROOM, CIVIC CENTER DRAFT Present! Cordell Jeppsen, Betty McKray, Steve Hoch. Cathy Weingeist Staff Present: Brau. Helling. Hardy, Matthews Others Present: Denis Martel, Arlene Heck. Beth Fisher. Rene Paine. Jim Jacobson, John Margeson, Chris Randall, Holly Bell, Brian Sharp RECOMMENDATIONS TO THE CITY COUNCIL The Commission makes the following recommendations to the City Council: 1) the City should grant TCI an extention to August 31 to complete the system rebuild and impose the maximum liquidated damages allowed in the franchise of $250 a day until finished; 2) the name of the Broadband Telecommunications Commission should be changed to the Telecommunications Commission. SUMMARY OF DISCUSSION TCI corporate has verbally approved the new channel line-up. A public announcement will be made when the line-up is officially approved. Hoch said a extention should be given for TCI to complete the rebuild after which point other options would come in to play. Without a deadli'ne TCI may decide it is to their advantage to not complete the rebuild and pay the $250 a day fine. The City should begin fines as soon as the deadline passes and should not give TCI and indefinite deadline. Hoch moved to recommend to the City Council that they grant an extention to complete the rebuild deadline to August 31, 1998 and to impose the maximum liquidated damages allowed in the franchise agreement at the soonest possible date. Weingeist seconded and the motion which passed unanimously. The week of February 27 a promotional event called "Get to Know PATV Week" will begin which will include tours, workshops, and special programming to help lay the groundwork for fundraising. A brochure has been developed to inform the public about the need for a new facility. Weingeist moved and Hoch seconded a motion to recommend to the City Council to change the name of the Broadband Telecommunication to the Telecommunications Commission. The motion passed unanimously. APPROVAL OF MINUTES It was' moved by Hoch, seconded by Weingeist to approve the January 26, 1998 minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS None. SHORT PUBLIC ANNOUNCEMENTS None. TCI REPORT Heck reported TCI recently submitted a letter outlining progress to date on the system rebuild and requesting an extention of the deadline for completion. Martell reported the design specifications have been forwarded to Rice. Williams for review. A confidentiality agreement to protect proprietary information is being developed. Heck said a rebuild communications plan has been implemented. Disruption of some customer's service will begin soon. TCI corporate has verbally approved the new channel line-up. A public announcement will be made when the line-up is officially approved. PATV REPORT Paine reported a fund-raiser was held in association with Iowa City Free Radio. Funds raised will be used to pay entry fees for those wishing to enter the Hometown Video Festival. Staff-assisted series proposals are being accepted until March 1. The week of February 27 a promotional event called "Get to Know PATV Week" will begin which will include tours, workshops, and special programming to help lay the groundwork for fundraising. A brochure has been developed to .inform the public about the need for a new facility. McKray said that having attended the PATV Board meetings the past few years that it is apparent the process of developing the performance guidelines has be productive for PATV. Weingeist moved and McKray seconded a motion to accept the PATV Performance Guidelines. SENIOR CENTER REPORT No report. LIBRARY REPORT Fisher reported things are going well at the library. LEGAL REPORT Matthews reported the Telecommunications Ordinance has been completed. CABLE TV DIVISION REPORT Hardy reported that the Media Unit has had a heavy workload. Work on finding a new facility ix continuing. A suitable facility has been very difficult to find. A draft of the Community Television Service guidelines was forwarded in the meeting packets. Next meeting the final form of the guidelines will be submitted for approval. SYSTEM REBUILD Helling reported the City has been assisted by Rice, Williams to monitor the rebuild and compliance with the franchise. Rather than have all the documents related to the rebuild provided in advance the City has been reviewing them as the system is being rebuilt. Generally. the rebuild has been consistent with the franchise. There are some issues which, such as the use of technologies that didn't exist at the time the franchise was negotiated that will need to be resolved. There is no indication the deviations from the franchise are problems. Jeppsen asked about the options available to the City regarding TCI missing the rebuild deadline. Helling said the franchise agreement contains several options including revoking the franchise to fines of up to $250 a day. Imposing the fines does not give up the right to revoke the franchise. Given the progress made on the rebuild TCI would likely object strongly to revoking the franchise. Hoch noted that given the August 31 date for extention suggested in TCI's lettel' that fines at $250 per day would be about $45,000. Weingeist said TCI exhibited a certain amount of arrogance in the issues surrounding TCI's delay in starting the rebuild. TCI missed the deadline not because there were problems getting equipment or the work is taking longer than they expected, but because thex were late getting started. TCI charges $5 if subscribers are late with monthIx payments (which are for the coming month) so fines for being late with the rebuild is an appropriate response. $250 is not a large fine given the revenues TCI generates. McKray said she agrees with Weingeist's comments. The local TCI representative have been cooperative, but corporate headquarters has behaved in an arrogant fashion. McKray noted TCI a first refused to comply with the franchise agreement to rebuild the system and then put it off until the · last possible minute. The Commission should not do anything to give TCI an inch. Weingeist asked who will ultimately pay the fine. Hoch said because rates will be deregulated soon and TCI will set their rates to maximize profits the fines will be a net loss to TCI. Jeppsen said that any action the Commission takes should be designed to prod action from TCI. Hoch said a extention should he given for TCI to complete the rebuild after which point other options would come in to play. Without a deadline TCI may decide it is to their advantage to not complete the rebuild and pay the $250 a day fine. The City should begin fines as soon as the deadline passes and should not give TCI and indefinite deadline. Hoch moved to recommend to the City Council that they grant an extention to complete the rebuild deadline to August 31. 1998 and to impose the maximum liquidated damages allowed in the franchise agreement at the soonest possible date. Weingeist seconded and the motion which passed unanimously. PATV PERFORMANCE GUIDELINES Jeppsen asked how PATV arrived at the figure of raising 1% of their operating budget in fiscal year 1998 and 2 % in fiscal year 1999. Paine said those percentages were chosen because it seemed attainable given past fundraising experiences by PATV. PATV wanted to be realistic and honest in their expectations. It is hoped those levels will be exceed. McKray said that having attended the PATV Board meetings the past few years that it is apparent the process of developing the performance guidelines has be productive for PATV. Weingeist moved and McKray seconded a motion to accept the PATV Performance Guidelines. The motion passed unanimously. TELECOMMUNICATIONS ORDINANCE Helling said the ordinance is in near finished form. The ordinance is concerned with control of the public fight-of-way control and compensation rather than franchising. It has been pared down from previous versions. Hoch asked if it is likely the City will face a legal challenge to the ordinance. Matthews said the Coralville ordinance will likely be the first legal challenge. The law will continue to evolve and cities will adapt to those changes. Helling said the ordinance does contain many of the elements being challenged elsewhere. The City does not assume those challenges will prevail. Hoch asked if the City has written an ordinance which might make it less likely competitors will want to come to Iowa City. Matthews said the ordinance is neutral. It doesn't favor or disfavor competitors in relation to incumbent providers. CABLE TV ORDINANCE AMENDMENT Jeppsen said this amendment would bring the Iowa City ordinance's definition of gross revenues in line with a recent cot, rt decision which would permit the collection of an additional $0.07 per subscriber per month in franchise fees. Hoch said that when cable rates are aleregulated and assuming TCI will charge what the market will bear then there are advantages for the City to collect the additional franchise fee. On the other rates have continued to go t,p with no corresponding increase in service for subscribers. The additional franchise fees would result in additional fees for subscribers. Hoch suggested that the increase take place when deregulation takes effect. Weingeist moved and Hoch seconded a motion that the Commission consider amending the definition ol' gross revenueg in the Cable TV Ordinance in November 1998. The motion passed unanimously. PROPOSED PATV GUIDELINE CHANGES Matthews said PATV had sent some changes in their operating guidelines to the legal department asking them to review those changes. Although the City legal department had done some work for PATV in the past, there was some concern about the City being involved in the promulgation and adoption of operational guidelines. PATV is an independent entity separate from the City. It is Matthews recommendation that PATV run the guideline changes through their own legal counsel and they may to send it to the City legal department for review after that if they wish. It is necessary to maintain some separation between the City and PATV. The City should not be seen as controlling PATV or promulgating and adopting their guidelines. PROPOSED NAME CHANGE FOR THE BTC Jeppsen said the Commission has discussed changing the name of the Broadband Telecommunications Commission as the scope of their activities changed, especially as they relate to the Telecommunications Ordinance. Helling noted that the Telecommunications Ordinance does include expanded duties for the Commission such as consumer advocacy. Helling said there is no need for the Telecommunications Ordinance to be passed prior to changing the name of the Commission. Weingeist moved and Hoch seconded a motion to recommend to the City Council to change the name of the Broadband Telecommunication to the Telecommunications Commission. The motion passed unanimously. ADJOURNMENT Weingeist moved and Hoch seconded a motion to adjourn. unanimously. Adjournment at 6:21 PM. The motion passed Respectfull}/ submitted Cable TV Administrative Aide City of Iowa City MEMORANDUM TO: City Council FROM: City Manager DATE: March 6, 1998 RE: Council Goal Setting Enclosed is a report of the City Council's goal setting session held February 26, 1998. The Council and the staff will use the priorities to set work programs over the next two to four years. I will work on ways to present this information to the public. CC: Department Directors City Council Goal Setting Session February 26, 1998 Project Priorities 1998 to 2002 User-Friendly City Government · Continue to promote positive service to the people of Iowa City · Explain "no" in a clear, positive manner; work within the law, to get "yes" if at all possible · Encourage the staff to reevaluate rules and regulations, if they do not seem reasonable · Encourage developers to work with neighborhoods during the development process · Reevaluate zoning and building regulations for appropriateness and necessity Land Use · Complete the Northeast District Plan · Complete the Southeast District Plan · Undertake measures to define a visible edge for Iowa City - greenway or boulevard · Review the subdivision regulations to create neighborhoods which include housing and commercial development in a manner that efficiently provides City services; use the Peninsula project as a model. · Address the issue of regional storm water management; include land developers and others in the process. Financial Health of the City · Pursue an additional source of revenue · Reevaluate programs and services for cost savings · Pursue Changes in State Tax Law Relative to Tax Levy Limitations Supply and Cost of Housing · Establish an affordable housing fund · Provide additional affordable housing scattered throughout the City in mixed neighborhoods · Maintain the integrity of existing neighborhoods · Address the conflicts which may arise in providing scattered site affordable housing and maintaining existing neighborhoods pDdadmirdgoals*cc.doc '[ Downtown Revitalization · Invest in downtown ~' Library/CenterSpace ~ Parking/transportation systems ~' Streetscapes · Ensure public safety in the downtown Community Appearance · Make cleanliness and community appearance a priority. · Provide attractive entranceways; focus on Highway 6 and Riverside Drive. Include Sand Road/Gilbert Street and Herbert Hoover Highway in long-range plans. Protect the Iowa River Corridor through the acquisition of property or easements along the river Implement the public art program Ensure the attractiveness of arterial streets, particularly with the planting of trees Interjurisdictional Cooperation · Foster positive relationships with neighboring cities, the County, the University, and the ICCSD · Establish a communication system between the City Council and the University of Iowa president and vice presidents Economic Development · Recruit industry · Build tax base · Encourage the creation of jobs in the private sector · Provide financial incentives that do not diminish the long-term financial viability of the City · Implement the economic development policies · Support work force development actions by others Transportation Systems Complete the construction of Court Street Complete the Benton Street capacity expansion project Provide a major east-west arterial south of Highway 6 pl:x:la d min/goals-cc .d oc 2 · Invest in non-motorized transportation systems Citizen Participation · 'Discuss the issue of representative democracy and participatory democracy · Encourage citizen involvement in the design of the budget · Evaluate the process for citizen involvement in capital projects and Council decision making Public Safety · Improve the public perception of the police department > Complete accreditation process Establish auxiliary police force Continue the work of the Police Citizens Review Board Continue officer sensitivity training Address the list of Council issues regarding the police department Council-Staff Relationships · Address the timing of provision of information to the City Council, between Council receipt of the packet and regular Council meetings Airport · Enhance the physical appearance of the airport · particularly the time Make the airport more inviting to visitors, both physically and operationally Develop the airport properly which is not required for airport operations Encourage private investment in the airport Franchises/Utilities · Address utilities in the rights-of-way in terms of usage and compensation · Consider competing providers · Monitor and take an active role in legislation related to utilities, both at the federal and state levels City Service Issues · Promote the recycling of cardboard from businesses ppda dmin/goals-cc.doc 3 City of Iowa City MEMORANDUM Date: To: From: Re: March 6, 1998 City Council City Manager Well Investigation Program -- Update Last summer the City Council asked for us to undertake a more extensive review of well use in the City, particularly the concern for cross connections/contamination. We were to determine how many active and inactive wells there are within the City limits. Also to identify the potential impact to our potable water supply. Our Division of Water undertook this effort. Well owners were identified through information derived from the billing procedure for sewer-only accounts, staff recollection, Iowa Geological Survey queries, and Groundwater Hazard Reports obtained by the Recorder's office when properties are sold. Surveys were sent out to determine if wells were actually located on the properties. A list of questions related to whether a well was still in service or capped, depth, condition of well, water quality, and plumbing. It was determined that many of the records were incomplete or inaccurate. The survey yielded about a 55% response. Groundwater Hazard reports led to a concern that there are cisterns or abandoned shallow wells that at one time were used for outside watering. To this date, our Water Division staff have not identified any possible cross contamination potentials because Owners have either well water only or City water only. They are now relying on Groundwater Hazard reports to identify potential wells on properties. There were 592 property transfers in the City since August. The groundwater hazards sheets identified one property. The Water Division staff has further identified those properties that have wells in service and the circumstances surrounding each. Properties where municipal water is available have been notified and the capping of abandoned wells in underway. We will continue to pursue hook-up to the municipal water supply, while recognizing unique circumstances. Im~ern~sa3-5 City of Iowa City MEMORANDUM Date: March 4, 1998 To: City Council From: City Manager Re: Coralville Reservoir Section 216 Study Since our last update to Council Rick has remained in contact with Corps representatives as well as Professors Molnar and Newsome. In the past, we have discussed the Corps' willingness to participate in a public meeting to address questions related to their Section 216 Reconnaissance Report, many of which were generated by Professors'Molnar and Newsom. Since that time the Professors have met with Colonel Mudd and his staff. This meeting was arranged because it would be a more productive forum to discuss technical issues than a public meeting. The Professors report that they had a productive meeting and are generally pleased with the Corps' plans for short term progress in the next year and long term initiative. Based on Rick's discussions with the Professors, there is little need for a public meeting at this time. I would recommend deferring the public meeting at least until the Corps' short-term progress is ready for public review. cc: Rick Fosse Im~mem~sa3-4.doc City of Iowa City MEMORANDUM Date: To: From: Re: 1. March 4, 1998 City Council City Manager Pending Development Issues An application submitted by Enterprise Rent-a-Car Company - Midwest, on behalf of property owners Gerry Ambrose and Greg Apel, for an auto and truck-oriented use, an auto rental agency, for property located in the Community Commercial (CC-2) zone at 1100 S. Riverside Drive. An application submitted by Croell Redi-Mix, Inc., on behalf of property owner Ed Cole, for a special exception to permit a cementitious concrete batch/mix plant to be established on property located in the General Industrial (I-1) zone at 3310 Old Highway 218 S. An application submitted by Hawkeye Ready Mix, Inc., on behalf of property owner A.F. Streb, for a special exception to permit a cementitious concrete batch/mix plant to be established on property located in the General Industrial (I-1) zone at Lot #36, Scott-Six Industrial Park. Im~mern~sa3-4-3.doc City of Iowa City MEMORANDUM Date: To: From: Re: March 4, 1998 City Council City Manager Some Upcoming Dates of Interest 1. Groundbreaking new biology building. Tuesday, March 31 at 3:00 p.m. 2. Possible North Marketplace Street Fair Sunday, April 19 in KCRG/Phelan-Tucker parking lots Im~mem~sa3-4-2.doc March 4, 1998 James V. Mudd Colonel U.S. Army Rock Island District, Corps of Engineers Clock Tower Building PO Box 2004 Rock Island, IL 61204-2004 CITY OF I0 WA Re: Coralville Reservoir Section 216 Reconnaissance Report Dear Colonel Mudd: Thank you for your offer to attend a public meeting to address questions related to the Coralville Reservoir Section 216 Reconnaissance Report. I understand that you and your staff have met with Professors Molnar and Newsom to discuss many of these issues. The Professors report that it was a good meeting and they are pleased with your short-term plans for the next year and long-term initiative. Based on this progress we see no need for public meeting at this time. Perhaps it would be more appropriate to hold the meeting in a year or so when your short-term progress is ready for public review. We appreciated your efforts and willingness to look deeper into this issue. Sincerely, City Manager CC: City Council City Engineer L. Molnar C. Newsom CITY Im\ltr~sa3-4.doc 410 EAST WASHINGTON STREET · IOWA CITY. IOWA 52240-1826 · (319) 556-5000 · FAX (319) 356-3009 DIRECTI U S WEST Direct 9394 West Dodge Road Omaha, NE 68114-3310 4O2 384-3986 800 248-3883 ext. 3986 (in state) 800 231-6975 ext. 3986 (out of state) Facsimile 402 384-3177 Mary Spittier Midwestern Region Recycling Manager February 25,1998 Stephen Atkins City Manager 410 E. Washington Iowa City, IA 52240 Dear Stephen: We recently completed a very successful phone book recycling event in the Iowa City area. With the help of our partner Hy-Vee Food Stores, and the overwhelming response of the community, we surpassed last years collection figure by 4,680 additional participants. 78,792 people partnered with U S WEST in recycling outdated U S WEST phone books through our recycling event. Through these efforts we were able to recover 100.67 tons of outdated U S WEST phone books. These 201,340 pounds translate into: - 105,056 books collected - 704,690 gallons of water saved - 332 cubic yards of landfill space saved - If laid end-to end, these books would stretch for more than 18 miles. These outdated phone books were shipped to a paper mill in the Pacific Northwest and recycled into directory grade paper on which new U S WEST phone books will be printed. Thank you for your continued support and participation in this not-for-profit environmental community service. We look forward to another successful phone book recycling event in the Iowa City area in 1998. Please call me at (402) 384-3986 or 1- 800-231-6975 ext. 3986 if you have any questions or would like additional information. Sincerely, Mary Spittier Midwestern Region Recycling Manager (c) 1996 U S WEST D~rect A Diwsion ol U S WEST Marketing Printed on recycled paper DIRECT,~ City of Iowa City MEMORANDUM Date: March 6, 1998 To: City Council From: Dale Helling, Assistant City Manager Re: Cable TV Rates w Federal Communications Commission Orders Attached are copies of two recent orders from the Federal Communications Commission (FCC) Cable Service Bureau. The first (DA98-309) involves our challenges over the past two years to the calculated maximum permitted rate for basic cable service. The FCC has ruled in Iowa City's favor, finding that the maximum permitted rate calculated by TCI was excessive. It appears that TCl will owe its local subscribers a refund for charging a rate above the true maximum permitted rate for its basic service. This applies for some or all of the period between June 1, 1996 and the present. We will send a request to TCI to submit their plan for refunding the appropriate amounts. It will likely not involve very much money as our disagreement over the amount of the maximum permitted rate differed by only a few cents and the excess rate may not have been charged over the entire period of time in question. Also attached is a copy of an order (DA98-358) which orders TCl to refund $5.14 to all subscribers to the expanded basic service tier. This comes as a result of a determination by the FCC that the charges for that tier of service have exceeded the maximum as determined by the FCC which is the regulating agency for non-basic service rates. The City filed a complaint in 1997 in response to numerous complaints from local subscribers regarding these rates. These refunds must be made by April 28, 1998. The City has very little regulatory authority or influence over Cable TV rates. We have continued to do our best to exercise as much authority as we have and to insure that the FCC is also properly monitoring rates. These two orders reflect at least some success in that regard. Keep in mind that under Federal law all local regulatory authority will disappear in March of 1999. CC' City Manager City Attorney Cable TV Administrator Irn~nem\dh3-6.doc Federal Communications Commission DA 98-309 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: TCI CABLEVISION OF EASTERN IOWA Appeal of Rate Orders Denying Basic Service Rates in iowa City. Iowa MEMORANDUM OPINION AND ORDER Adopted: February 13, 1998 Released: February 20, 1998 By the Deputy Chief. Cable Services Bureau: I. INTRODUCTION !. TCI Cablevision of Eastern Iowa (TCI), the franchised operator of a cable television system in Iowa City, Iowa (City), has appealed two related rate orders issued by the City, which is the local franchising authority.~ The first order. issued in 1996, reduces TCI's calculation of its maximum permitted rate based on two findings. First, the City determined that TCI used the wrong measure of inflation. Second, the Cit,v refuses to allow TCi to include, as external costs, the cost of relocating some of its wires. The second order. issued in 1997, reduces TCI's basic service tier rate. TCI bases that rate on the maximum permitted rate at issue in the first order. iowa City defends its decision in the resolution accompanying each order and in its 1996 Comment on the Appeal.: 2. This order consolidates both appeals for reasons of administrative efficiency and because they involve the same two issues. II. BACKGROUND 3. Under the Communications Act. the Commission reviews appeals of rate orders issued bx local cable franchisin~ . · 3 - ~ authorroes. When considering appeals, the Commission will not conduct a ate ~o~o review, but instead will sustain the franchising authority's decision as long as the franchising authority did not act unreasonably in applying the Commission's rules.'* If the Commission reverses a franchising t Resolution No. 96-289. City of Iowa City. IA (October 8, 1996) ("1996 Resolution"): Resolution No. 97-161, City of Iowa City. iowa (May 21). 1997) ("1997 Rcsolution"l: .¥ee also. 47 CFR § 76.944 ("The Commission shall be the sole forum for appeals of dccisions by tYanchising authorities on rates for the basic service tier or associated equipment involving whether ,*r m~t a franchising authority has acted consistently with the Cable Act or §§ 76.922 and 76.923." }. 21996 Roseitaly,n: 1997 Resolution.' Comment on the Appeal of Local Cable Rate Order by TCI Cablevision of Eastern iowa on Behalf of thc City of Iowa City. Iowa INovembcr 22. 1996). ~47 CFR § 76.944: Rcp{~rl and Order. 8 FCC Red 5631,5729 11993) ("Rate Order"). 4Rate Order. 8 FCC Red at 573 I' Third Order on Rcconsideration. 9 FCC Rcd 4316. 4346 (1994) CThird Recon."). Federal Communications Commission DA 98-309 authority's decision, it will not substitute its own judgment, but will remand the case to the franchising authority with instructions to resolve it consistent with the Commission's reversal.s 4. To justify rates for the period beginning May 15, 1994, operators must use the FCC Form 1200 series." In Form 1200, an operator calculates its provisional rates and its full reduction rates. Operators may then change those rates every quarter using Form 1210.7 Alternatively, operators may change their rates annually using Form 1240.'~ Form 1240 sets a maximum permitted rate and projects inflation, reasonabl~' certain and quantifiable changes in external costs, and changes in the number of regulated channels for the year after the rate change? External costs include: state and local taxes for the provision of cable television; franchise fees: costs of complying with franchise requirements; retransmission consent fees and copyright fees incurred for the carriage of broadcast signals; other programming costs; and Commission regulatory fees.w Any incurred cost that the operator fails to project may accrue with interest and be added to rates at a later time." If actual and projected costs are different during the rate year, a "true-up" mechanism is available to match estimated costs with actual cost changes.~2 The "true-up" requires operators to decrease their rates or, alternatively, permits them to increase their rates to account for these over- or underestimations.'3 5. An operator that seeks to increase its maximum permitted rate has the burden of demonstrating that the increase conforms with our rules.~ The operator must submit the necessary, rate forms and respond to a franchising authority's request for supporting information.~ After reviewing an operator's FCC Forms 1200 and 1240, along with any additional information, the franchising authority may 5See, Rate Orch'r. 8 FCC Red at 5732: see ,lso. Third Recon., 9 FCC Rcd at 4346. ~'47 CFR § 76.922~b }~6 ~lil: see also, 47 CFR § 76.930.76.937(b): see also. Second Order on Reconsideration. Fourth Report and Order. Filih Notice of Proposed Rulemaking, 9 FCC Red 4119 (1994) ("Second Recon."). 747 CFR § 76.922(b}(611i}: 47 CFR § 76.922/d). ~47 CFR 76.9221e). 947 CFR § 76.9221e}. Ic}12~. m47 CFR § 76.9221 t'}. t~47 CFR § 76.9221c~13)1i}. ~247 CFR § 76 922~c~3 ~. ~hl. 1447 CFR § 76.937(a~. ~47 CFR ~ 76.9371b}. Ic}: see, Rate Order. 8 FCC Red at 5718 11993). 2 Federal Communications Commission DA 98-309 either approve the operator's requested rate increase. or it may issue a written decision explaining the factors it considered in denying the increase."' IV. SUMMARY OFTHE PLEADINGS A. 1996 Appeal 6. On March 1, 1996 T('I completed Form 1240 to establish a maximum permitted rate of $1 1.3035 per subscriber per month and submitted it for review by Iowa City.~? The City returned the filing with adjustments, two of which TCI now appeals. The review process included two requests for additional information."~ TC! responded by subnutting a revised Form 1240 on June 7, 1996 that resulted in a new rate of $11.1987 per subscriber per month.'" I. Inflation Figures 7. TCI argues that the City erred in requiring the use of a lower inflation figure.2° Citing Commission regulations and our Vac:aville decision, TCI argues that an operator only needs to use the inflation factor available when it completes its initial filing, not whatever figure has become available by the time the franchise authority reviexvs the rate.2~ When TCI first filed its Form 1240, it used a prelimina.D' Commerce Department figure of 2.61%. but by the time TCI submitted its revised Form 1240, the Commerce Department released a lower. 2.22% figure.22 TCI argues that the Commission has already ruled on the use of exactly the same figures at issue in this case.'2 In Vacaville, the operator used the preliminary 2.61% inflation factor when it filed its Form 1240.24 During its review, the local franchise authority (LFA) replaced it with the subsequently released 2.22% factor.25 The Commission ruled for the operator because the company "calculated its 2.61% figure based on preliminary information from the Department of ~°47 CFR ~ 76.936: .xcc. Century Cable of Southern California. I1 FCC Rcd 501 (1995): Ultracorn of Marpte. I{} FCC Rcd 6640 ~ 1995 }. ~71owa City's Roytow & Analysis of FCC Form 1240, p. I (June 17. 1996) (attachment 2 in Appeal) ("City Rev~ev,"): Comment on the Appeal at 3. SSComment on the Appeal at 4; City Review at 4. "~City Review at I. 4: C,mment on the Appeal at 2:1996 Resolution at 1. 2°1996 Appeal m I. 1997 Appeal at I. 1996 Appeal at I: TCI Cablevision of Vucaville. I I FCC Red 11876 (1996) ("Vacaville"). 221996 Appc:d al 3. 23Vacavilh,. II FCC Red at 11876. 24hL 25hl' Federal Communications Commission DA 98-309 Commerce before we ultimately adopted the 2.22% figure.":" TCI asserts that the approach in Vac~ville is the same approach it used. and even takes the defense one step further.r~ The operator argues that it actually had the right to use a higher, 2.96% inflation figure. but "voluntarily concluded that the best approach was to use the preliminar.~ update.'a~ 8. Iowa City states that TCI produced no record of the 2.61% figure and, even so, had the time and opportt, nit3 to use the 2.22% factor.:" While acknowledging that the lower figure was not available when TCI first submitted its Form 1240, the City notes it was available when TCI later corrected a "material error" m its original submission through its revisions.3° Iowa City argues that TCI should have taken the opportunity to refresh its rate calculation.3' 2. Cable Relocation 9. TCI states that because Iowa Cit3 required it to relocate cable as part of a municipal road project, the City mcon'ectly disallowed TCI's recovery of the $8,000 value of that work as an external COSt.3~ TCI cites the 7hirteemh Order on Reconsidemtion to support its position: "lWle will permit operators to pass through to subscribers the cost of meeting franchise requirements that they remove aerial facilities and place them underground."'~'~ TCI points to an Iowa City ordinance providing that a franchisee "shall ... relocate in other public place any property of the Grantee when required by the City."3" Because the City required TCI to relocate its cable, TCI argues. the associated expenses "are precisely the sort of costs allowable as an 'external' pass through.'"~ TCI states that it only seeks recovery for that part of the relocation occt,rring inside city limits. and thus within the franchise agreement's purview: "the $8,000 at issue is attributable entirely to work performed ... inside the city limits."36 10. Iowa City responds by arguing that TCI failed to itemize its $8,000 cost, by pointing out 2~1996 Appeal at 2. 271d 2~Id at 3. 2~Comment on the Appeal at 3; 1996 Resolution at 5. 3°Comment on the Appc:tl at 3-4. ~Con'~mcr~t on the Appeal at 4; 1996 Rc.,,)lutitm at 5. '~21996 Appeal at 4:19t)7 Appeal at 3. 3'~1996 Appeal m 4. ,'#t'tl,k'. Thirteenth Rt'('olt.. I I FCC Red at 441' xt'e al.¥o. 47 CFR § 76.925(a)(5). ~4[owa City C~,,Ic. Title 12. Chapter 4. § 12-4-48tC~ lcnacted as h~wa City Ordinance No. 95-370{)). '~Sl996 Appcifi al 4. ~'1996 Appeal ~l 5. 4 Federal Communications Commission DA 98-309 inconsistencies ~n TCI's arguments, and by challenging the operator's interpretation of the law.37 In its 1996 Resolution regarding TCl's Form 1240. the City stated, "there is no provision in the Franchise Agreement nor in the Citv's ordinances which would authorize the inclusion of Ithe relocationl costs."as in its Comment on the Appeal. Iowa City chooses not to reassert that argumentfi Instead, the City argues that not only has TCI "provided inadequate justification for these costs," but the operator initially attributed the :$8,000 to relocations I~th inside and outside city limits, while, in its appeal, TCI has assigned the costs to work completed "entirely" inside city limits.'~' Iowa City questions why the geographic area of the work differs between Ihe imtial Form 1240 filing and the appeal. yet the cost remains the sameft II. In addition to questioning TCI's facts, Iowa City challenges TCl's interpretation of the lawfi The Citx argues ~t only required TCI to "accommodate" the road project and did not ask it to move cable underground.~'~ This is the key, Iowa City argues, because the Commission limits pass-throughs to cases where an LFA demands undergrot,hal relocation of cables that are on polesfi The City indicates that. By ITCl'sl oxvn admission, 1.547 feet of the 1,699 feet of cable that was disturbed... was "aerial cable Ithat[ had to be restrung." not moved underground. With respect to the 152 feet of cable that TCI states was "buried underground." there is no indication that this cable was prex iouslx in the air.ns Iowa City concludes. "This activity does not arnotrot to a 'franchise requirement' that TCI 'remove aerial facilities and place them underground' as contemplated by the Tl~i~eeath Order on Recoasideration ."~ The City states that TCI has no legal right to recover its outlays as external costsfi B. 1997 Appeal 37Comment on Ihc Appeal at 5:1996 Re~,olulion at 1. t996 Resolution at 5. 3~Comrnent on the Appeal at 5-6. 4°ld' 411d' 42k/. at 6. a~ld' ~ kl. ~Sld. 'U'Thirtecnth Retort.. I I [:CC Red al 44 [ ~Vld. Federal Communications Commission DA 98-309 12. In T('l's 1997 appeal the operator objects to the City's decision that the basic service tier rate is overstated by fotlr cents per month per subscriber.'u~ TCI based its 1997-1998 basic service tier (BST) rate on Ihc higher maximum pernutted rate it defends in its 1996 appeal.'*° The City rejected this rate for the same reasons it rejected the 1996 maximum proposed rate -- TCI uses the wrong inflation figure and improperly included the cable relocations as external costs.'~' Similarly, TC1 challenges the decision using exactly the same arguments that it did in the 1996 Appeal. Iowa City filed no opposition. 1II. DISCIJSSION A. Inflation Adjustment 13. T('I should have updated its Form 1240 with the 2.22% inflation figure when it responded to Iowa City's request l'or additional information.~' When an operator revises its Form 1240 for a reason other than the ax allability of more accurate inflation figures. it must also take the opportunity to refresh its rate calculations. ~: 14. Although TCI supports its arguments by citing the Commission's Vacaville decision, the circumstances are significantly different.~' In V,'lc,vvi/le, unlike here, the operator made no supplemental filings and thereft)re did not have the oppormnit.v to refresh its calculations with a more recent inflation number.~ The Commission's Cencot~ decision is more relevant.s'~ In Cencom, the operator applied for review of an Order in which the Bureau found that the operator had not justified its CPST rate. In recalculating the operator's maximum permitted rate, the Bureau corrected errors in the operator's inflation calculation and "refreshed" the inflation figure with the most recent data. The Commission affirmed the Bureau's decision, explaining that when a rate is unreasonable on its face or when an operator has committed an error in .justifying its rates. the Bureau is correct in using the most accurate inflation figure.'~' When the inflation figure is refreshed. neither consumers nor the operator are harmed, because consumers pay only for the inflation experienced bx the operator and the operator recovers the full cost of the inflation ~Sl997 Appeal at I. 5°1997 Resoluli,n at I: 1097 Appeal at I. 5~See. Cencom Cahlc Income Partners. 12 FCC Red. 7948. 7953-7957 (1997) CCencon,"), affd, Cencom Cable Income Parmer,,. I:CC 97-374 (released Oct. 14. 1097 ~. appeal liled. Charter Communications. Inc. v. FCC, 5th Cir. No 97-60745 (Nox. IL ItIO71. mot. to withdr~m'/iled (Feb. 3, 1998~: see also. Bresnan Communications Company. DA 97-2033, p. I ( 1997 } I "Brc.wtan" I. S~Vacavillc. II I:CC Rcdat 11876. Said' SSl2 FCC Red at 7053-7t;57. St'ltL al 7954 6 Federal Communications Commission DA 98-309 it experiencedJ' Rcfi'eshing inflation figures in this circumstance is fully consistent with Commission precedent.'~ 15. .a. ccording to Iowa ('it). T('I conlmitted it material error in justifying its rates. This prompted two I()wa ('iD, requests for additional information, to which TCI responded with supplemental filings.s" Because the filings occurred after the Commerce department had released the final 2.22% inflation figure for the period. TCI shotfid have taken the opportunity to refresh its inflation calculation. Consistent with the (~'n,'om decision. ~ c agree with the City and deny this aspect of TCI's Appeal.® B. External Costs 16. Iowa Cit3. pursuant to a city ordinance, required TC! to accommodate a road project by moving portions of its cable.6~ The Commission allows cable companies to pass on the costs of certain franchise reqturcments to their subscribers. This includes "the costs of removing cable from utility poles and placing the same cable underground." but only when the operator is not already in the process of upgrading its system": On the record bet'ore us. TCI's relocations do not fit all the conditions imposed upon this right to recover. 17. The regulation provides that. as long as the LFA does not require burial. the LFA may require an operator to move its cable xx hile denying the operator external cost treatment.63 The City only required TCI to "accommodate" the road project. and did not specifically demand removal of the cable from poles to underground'" More significantly. TCI itself states that it buried only 152 feet of the 1,699 feet of relocated cable: it "restrung" the rest."~ Our regulation only requires external cost recovery for costs of buried. not restrang. cable.~ At best. TCI could only recover the costs of the 152 feet of buried cable. S~ld. at 7952-7955. S9Comment on Ihe Appeal at 4. 6°1996 Resolul~,m at I It.}97 Resolution al I. 1996 Appeal at 4-5. 62Thirteenth Rvvon.. I FCC Red al 441. In Ihc Thirteenth Retort., the Commission created the annual rate adjusuncnt opmm and. :m~tmg other thin.,.2,. added h~ the lisl {d' recoverable external costs. The recovery of cable relocations from p, dc~, t~, underground was ,,no o1' tt)c~c additim~s. The Commission wrote: "we will permit operators to pass through to subscribers the cost of meeting fi'anchts¢ requirements that they remove aerial facilities and place them underground." This ~s c~dil'icd in 47 CFR ¢ 70.9251a }15 }. 6'~47 CFR § 7(~.t>251a~15 ). °4Commcnl on Ihc Appeal at 6. ~'<'47 CFR ~ 7{~.')251 a ~l 5 }. 7 Federal Communications Commission DA 98-309 Notably. the regulation also requires that the cable moved underground must have first been on a pole,6: and. as.the City' I'~)ints out, TCI has not stated whether the 152 buried feet was previously on a pole or was simply new cable.'~ 18. T('I has the burden of demonstrating that the City's decision was not reasonable.69 It has not demonstrated that the City specifically required cable reidcation underground, it did not explain why it deserves cost recovery for the 1,547 feet of cable that was not buried underground, and it did not state whether the 152 feet of buried cable was relocated fi'om poles. TCi did not sufficiently explain why its costs were S8.()()() both ~hen it described the rclocations as occurring inside and outside city limits and, later. when it stud the work was done entirel.,, within city limits. On the record before us, Tel has not met its burden of demonstrating that Iowa City's decision to deny recovery of the cable reidcation costs was inconsistent with Commission rules.TM We believe Iowa City reasonably refused to allow TCI to recover its cable reidcation costs as external costs.TM V. ORDERING CLAUSES 19. IT IS ORDERED that TCI's appeals are DENIED. 20. This action is taken b~ the Deput.,, Chief. Cable Services Bureau, pursuant to authority delegated b.~ the Commission's rules in 47 C.F.R. § 0.321. FEDERAL COMMUNICATIONS COMMISSION John E. Logan Deputy Chief. Cable Services Bureau 8 0~/26/98 THU 12:30 ¥,'tX, 2024182376 gAFCC CS~ ~uU~ Federal Communications Commission CABLE SERVICES BURF, AU Notification Office 2033 M Street, N.W., Suite 908, Washington, D.C. 20554 FAX NO. (202) 418-2376 Bureau Main No. (202) 41g-7200 ~ facsimjk Iranmnimon if intended only ~or ~te nddru~e abawn b. !! may eontnla infoyumfiu~ Ibat b prJv#egtd, toa~jdenfial o~ o~bervisc prowled f~m dlsdeuure. Any r~vJew, d~emla~fiou or me of llb traasmbaioa o~ ils ~u~nts by perures otlm' tbn ~be nddrusee is afrld~ prolu~slt~d. iryou have rn:eh~ thio traasmlnlon lu error, Idu~e uo~y the Notika~m OIB~ st (282) 418-2367. mmedJnmty !~ t~lophtm~ and nuiff Ib¢ or/gbal to u at b above addrein. IFyou d~ nm recd~ fhb trammJuion in ifs enfirtty, please mofify the Nufifi~don OtT~ce at (282) dlL23~7, isumedlttdy by tek'pbme. DA NUMBER 98-35g Ar~ached is a Cable Services Bureau item. The Cable Services l=lurea~ contact person for this item is Dana Jackson. FORWARD TO: City of Iowa CRy Aun: Mr. $tcphen Addns, City Mamgcr Attn: Mr. Dale Hellh~!, Asst. City Mareget Ph: (319) 356-5013 & (319) 351-3984 Fax: (319) 356-5009 TCI Cablevision of Pastern Iowa Attn: Mr. Andy Elson/Phone: (303) 267-5500 Attn: Ms. Angcla Bricmont/Phonc: (303) 267-4869 Fax: (303) 267-4999 02/26/98 THU 12:31 FA~ 2024182576 gAFCC CSB ~002 In the Matter of TCI Cablevision of Eastern Iowa Complaint Rcgardin§ Cable Programming Services Tior Federal Communi,--tious Commistio~l Before the F~deral Communieatiom Cornminion Washington, D.C. 20SS4 CUID No. IA00~0 (Iowa City) DA 98o3~8 ORDER Adopted: February 23. 19~ laat.~as~d: February 26, 1998 By the Deputy Chi~, Cable S~vi~s Bureau: I. In this Order we conside~ a complaint against the. June 1, -1997 mm increase that the above-c. nptioned operator ("OperatoW) implemented for its cable pmgnunmtng services tier ("CPST") in the community referenced above.~ Operator has attempted to justify its CPST rate increase through a benchma~ ~howing on FCC Forms 1240. This Order nddret~ only the resonnbleness of Operator's CPST rat~ of $13.23 that became cffcctive on June 1, 1997.2 2. The Communications Act~ authoriz~ the Federal Communications Commission ("Commission") m revi~v the CPST ral~s of cable systems not subject to ~Tcctiv& compctition tn ensure that rates charged are not unn~onable. If the Comm~.sion finds the l~t~ unreasonable, it shall deUmnine the correct rate and any r~fund liability.4 The Telecommunications Act of 1996 ("1996 Act"),s and our ~ Effective Jun~ 1, 1997, Opemor dropp~l I channel from its aable programming r~rviccs tier ("CPb~r") and n:duc~! its CPST rate from $14.78 to $13.23. ~47 C.F.R. § 76.953 ("A complaint ~11eBing an um'easonnble rate for cable progrnmming service or asso~lat~ equilxnent may be filed against a c~bla oper~or only in the event of n rate chang~ including an incr~-.,ase or decrmae in rat~ or a ~h..n~oe in ratns that results from a chn,,ge in the systnn's scrvic~ ti~s.") 2 The Commitinn also received valid CPST complaints prior to September i% 1995 ~n|n~'t Operator's CPST ~ i~ tile c, ommnni~j~ l'~r~ Itbove.. ~g .c~nplaints were incorpom~ in the 'Final Rr. solutio~ of Cable Pmgramtning S=~ice Rat~ Complaints" for TCI Communications, Inc. ~e in the Ma~te, r ofTC! Commtmicnt~ons, Inc., 11 FCC Rcd 14696 0996). Section 623(c) of the Conununimtions Act of 1934, as a~nd~d. 47 U.S.C. Section 543(c) (1996). 4 ~ 47 C.F.1L Section 76.957. Pub. L. No. 104-t04, 110 star. 56 (1996). 02/26/98 THU 12:31 FAX 202418237~ gJLFCC C$9 ~003 Federal Communications Commission DA 98-358 rules,s require first complaints a~drinst the CPST mIes be filcd with the Commission by a franchising authoriiy that has received subscriber complaints. A fmnchisin§ authority may not file a CPST rate complaint unless, within 90 days alter such incrinse I~omes effective, it receives more than onc subscriber complaint. 3. Cablc opectots nttempting to juaif'y their rat~ for the p~riod bei~inning May 15, ! 994 using a benr, lunm'k showing must complete and file the FCC Fm~m ! 200 series.? Cable operators may also justify rate increases based on the addition nnd deletion of channels, changes in c~'min external costs, and inflation, by fiing FCC Form 1210.° FCC Form. 1210 must be filed at least 30 days bofor~ new rates arc scheduled to ~o into effect whe~ the Commi-~qion h~ found the cable programming service rat~ to be unrcasonnble less than one year prior to the filing, or wh~ there is a pending complaint n~aJnst the CPST rate.* Cable opgrators tony jugdfy adjustments tn thei~ rates on an annual basis using FCC Form 1240 to reflect reasonably certain and quantif~nble changes in eXternal corn, inflation, and the number of regulat~ clumncb tJmt arc projected for the tw~lvc months foRowing the rate c. hangc.t° Any incum:d cost that is not projected may be aco-ued with interest and added to ra~ at n later time." I£ actual nnd projocted costs nre different during the rate ycar a "tmo-up" mechanism is availnble to correct estimated 4. On August 8, 1997, the local franehising authority ("LFA") fded its complaint against Opengor's June l, ]997 CPST rate inc~ase.n In its complaint, the LFA asserts that R has received more than one subscriber complaint against Operator's CP~T rate inntease, thereby triggmng the Comrni$sion's jurisdiction to review this complaint. The valid complaint ~ the LFA trigl~s an obligation on behalf of the cable operator tn file a.justification ofits. CPST rates with the LFA.t' Thus, in this c~se, Operator is required to justify the incrensc in its CPST rate which is the sLbj~ct of the LFA's complaint_ Operator filed FCC Norms 1240 with the LFA as justification for this (-,d~ incrm. sc. ' ~ Implementation of Cable Act Reform Proviskms of the Tel~c~nmunicafions Act of 1996, ll FCC Rcd 5937 (1996). , ? 47 C.F.R. Section 76.922(bX6): Me,.gecoad ~ o~ Re~omid~,,at~on, a~'a at 4185, petra. 15~-138; ~pra at 4190, ~.136; see a/~o Public Hotice *Queafion~ and A~wezs on ChMe Television Rate Regulation" (April 26, s 47 C.F,,l~ Scct'io~ 76.922(d). * 47 C.F.R. Sections 76.960 and 76.958. ~o ~e 47 C.F.R. Section 76.960; ~ee in the Matter of lmplemeiRadon of 8g~:tiom of thc Cable Tclcvhion Consumer Protection and Competition Act of 1992: Rate Regulation, MM Docket No. 92-266, Tl~temth Order on Reconsider~on. ("TAirteeath Recontidma'ion Order") II FCC Red 388, 391 (1995). ",.gee Thittesnth Reconsiderarian Order at 392. The first subtan'bar complaint concerning the CTST rate inctea~ was received by the LFA on }unc 15, 1997. ~* 47 C.F.R Section 76.1402. 0~/26/98 THU 12:32 FAX 2024182376 gAFCC CSB Federal' Communications Commip-ion DA 98-~58 On Febroary 22, 1996, the Commission issued an order granting Operator a waiver (the "Waiver Order') of certain rate adjustment requirements in its initial filing of the Commission's annual rate adjustmeal form (FCC Form 1240)? Spe~ificailly, the Waiver Order allowed Operator, in its initial FCC Form 1240 filings, to include c~imated changes in cogcs, inflation, channels and subse, ribc; information attributable to the period between the last date for which actual cost data was available and the effective date of the new ratgs. In the Waiver Order, Operator was instructed to include in its initial FCC Form 1240 ~ certain calculsaions, such calculations to be performed on EGG Form 1240 (primarily in Module (3), or off FCG Form 1240, in an alternative showing done pursuant to the Waiver Order's 'C~mm-al Guidelines.'a~ ~r chose to use an alternative showing pununnt to thc *Gcucral Ouidclines" rather than perform its calculations directly on FCC Form 1240. 6. On October 25, 1996, Ol~l~or'vaote to the Commission requesting review and approval of a modified FCC Form 1240 to justify rates for the pro. jeered period fxom June 1, 1997 to May 31, 1998.z? On January 9, 1997 we consented to the Operator's use of the form for such period in lieu of filings on the Commission's standard FCG Form 12407 7. To justify its CPSTrat~, effective June 1, 1997, Opera~r submitted two FCC Form~ 1240, the ~ for the projectext !:~tiod June 1, 1996 to May 31, 1997 ('rFirst Form 1240"), and the second for the projec~d period June 1, 1997 to May31, '1998 (PSecond Form 1240"). 'Operator's First Form 1240 used Operator's site. rn~ve showing, cak'ulated pursuant to the Waiver Order. Operator's Second Form 1240 followed the format set forth in Operator's October 25, 1996 letter. On reviewing the submitted · a'ms, we determined that neither oF the sulmlitted forms produced identical resttits to filings that would have been made on the Commission's standard FCC Form 1240. Therefore, we ordered Operator to t~!c the relevant FCC Forms 1240, and all supporting documentation, to support the monthly CPST rate of $13.23 implemented by Operator on June 1, 1997, in the community referenc~ above? 8. Accordingly, onNovember 24, 1997, Operator submitted new standard FCC Forms 1240, for the projected periods June 1, 1996. to May 3.1, .1997, and June 1, 199/ to May 31, 1998, which performed tim Waiver Order's calculations directly on the standard FCC Forms 1240 as well as the calculations described in Operator',, October 25, 1996 letter? Review of both FCG Forms 1240 is ~ ~ Annual Rate Adjustment Syst~n tot Cable Service Rat~ Request for Wniver oFRequiren~nts Contained in the Thirteenth Order on Rmomideration, (DA ~6-220, released Fzbms~ 22, 1996). ,7 ,%*e Lcuer from Ang~Ja Montoya, TCI CfimmnnicaljOlLq, [!~ ID Algx ByI'co, Cable Services Bureau, Fedreal Communications Commi,,sirm. dnlgd October 7.~, ] 996. ,i ~ L~tcr from Meredith Jones, Chic~ Cable services Burcan, Federal Communications Commission to Ang~la Montoya, TCI Con~munimttions, In~., Datod January 9, 1997. t, ~ In the Matt~' of TCI Cablevision ofF, astern Iowa, DA 97-2326 (Released November $, 1997). ~ Operator submitted these forms but atso stated that it 'continues to be. litre thnt thmc additinnal i' ..... s are nnt required or n _~--_,smy as [Operator used] the FCC approved waiver in filing the Form 1240 fnr this system." Letter from Angela Brkmont, Director of Regulatory Compliance~ TC[ Conummic~tions, Inc. to Margaret Egler, Assistant Chief, Financial Analysis and Compliance Division, Cable Services I~u~mL Federal Communicatinns Commission 3 02/26/98 THU 12:32 FAX 2024182376 gAFCC CSB t~l UUO Federal Communlea~ons Conmtuion necessary to cslculn,~. the appropriate maximum permitted ntte, and refund liability, for the period ~ginning June 1, 1997. Operator also submitted a tinired plan wigoh calculated the mount o£ rcfonds owod to sub, fibers in the community ~cfz~nced above for the duration of the one year projected pwiod ending May 31, l~gg. 9. Upon review of Opengor's new FCC Form 1240, for the Fmject~ period June 1, 1996 to l~my 31, 1997, wc f'md that Operator has correctly calm~ted its maximum permitted rate ("MPR") of $14.89. Upon review of Operator's new FCC Form 1240, for the projected period June l, 1997 to May 31, 1995, we find flint Operator Ess con~tly calculated its MPR of $12.g], However, Operator's ~cm.! CPST rat~ effeotive Jimc l, 1997, is $13~37 Operator has submitted s refund p]an wigoh calculnt~ with interest, ~ total amount of ~ that will be collected from CPST subscribers in the c, nmmunit¥ referenced above ~-om lune 15, 1997 (the date of the first subscriber c~mpininOu to May 31, 19987 Upon review of Operator's raftrod plan, we ~nd that Openttor lurs ~orm~y calculamd, with interest, the amount of overclmrges thnt will be received from sttb~n~e~ titrang the projected period ending May 31, 1998. These calculations. result in ~tu~l refund.amount of $5.14, per CPST subscriber, including interest. We will order Operator to pay the ~efund nmount of $5.14 to each current CPST sub~'.riber within 60 days of the rel.nse ofthis ord~.~' We will also order that any ntte OpeaU~ charges on and after June 1, 1998 shah be promised on O!~a~or's u.~ of(1) the standard FCC Form 1240 for rate c~lculafion pm'posea and (2) $12.81 ns Operator's Current Maximum Permitted Rate as ~ for on Line AI of its FCC Form 1240 fling for the projected period be~,mlng June 1, 1998. Contingent upon Open'amr's refund Imyment to its subscriber% we have determined tlutt Operator's total CPST rate eo!lecfims in the community mfezc~0~t above, for the pmj~d period June 1, 1997 to May 31, 199g, will be reasoanhle. 10. AccordH51y, IT IS ORDER~n, pursuant to Section 76.961 of' the Commission's rules, 47 C.F.R. Section 76.961, that Operator shah x~'und to CPST subscn~s in the franchis= area ~ above the amount of $5. ! 4 within 60 dnys of,the release of this Order. I 1. 1T IS FURTHER ORDEI~, pursuant to Section 76.962 of tim Commi~ion's rules, 47 C.F.R. Section 76.962, titat Operator, within 90 dxys of the release of this Order, shah file with the Chief, Cable Services Bureau, n certification of its compliance with the refund requirements of this Order, and a certi~ration of its intent to comply with all other nspects of this Ord~. dated November 24, 1997. *J These findings am base mlely on tl~ mpresgnmtiom of Operate. Sitovid info~oa c~ne to ou~ attmtion that the~e rqx'esen*,~ons were matnially i-,,-,,,~ste, we reserve the right to tak~ sppropriatc actinn. This Order is not to be constr,,-~_ as a finding tlmt we have acceptod as tx~rect any specific ~ntry, explanation or argument by any party to this proee~_____~g not ~y addressed h~azin. u ~ Section 623(cXIXC) of the Communications Act, 47 LI.S.C Section 543(o)(IXC) (1996). *' ~ Section 76.961 of the Cnmmi.~,inn's Rules, 4? C.F.K. Section 76.961. ~ See Setwion 76.961(c) of the C, nmmi*-.*km's rule, s, 47 C.F.R. Section 76.961(c). 4 0,2/26/98 TIIU 12:$,3 FAX 2024182,376 gA~CC CSB ~luut~ Federal Communications Co~,,,'--Jo,, DA 98-358 12. IT IS FURTHER ORDEI~P.n, pursuant to Section 0321 of the Commission's rules, 47 C.F.R. Section 0.321, that Operator shall use (l) the staedatd FCC Form 1240 for rate calc;-lstion puxposes and (2) $12.$1 ns Operator's CurrentMaximum Permitted Rate as called for on Line A1 of its FCC Form 1240 filing for the projected period beginning June 1, 1998. ] 3. IT IS FURTHI~ ORDERED, pursuant to Section 0-~21 of the Conunission's rules, 47 C.F.R= S~.tion 0.321, thni the complaint riflertalced htn~in against the rates charged by Operator in the oommunity set forth above IS GRANTF. D TO THE EXTENT INDICATED I-IERRIIN. FEDERAL COMMUN/CA~ONS COMMISSION John E. Logan Deputy Chiei; Cable Services Bumm City of Iowa City MEMORANDUM Date: February 27, 1998 To: City Council From: Dale Helling, Assistant City Manager Re: Various Articles Attached please find copies of several articles from various publications. They all relate to current Cable and Telecommunications issues including regulation of the public right-of-way, Cable markets and services, Cable rates, and Cable system upgrades. They serve to illustrate that the problems and concerns we are experiencing locally are reflective of Cable and Telecommunications issues cities are encountering throughout the nation. Im~rnem~h2-262.doc Rep. Offers Cable-Rate-Freeze Bill By TED HEARN WASHINGTON -- A House bill calling for a cable- rate freeze surfaced last week, overshadowing a testy program-access hearing that focused on DirecTv Inc.'s inability W buy Comcast Sports- Net for its Philadelphia sub- Rep. Peter DeFazio (D-Ore.) said his bill would require the Federal Communications Com- mission W freeze rates and probe recent rate increases, which he said have been triple the infla- tion rate in the last 18 months. 'A funny thing happens when you deregulate a monopoly: Con- sumers get shafted," said De- Fazio, who accused the FCC of failing to enforce cable-rate rules on the book~ The DeFazio bill doverailed with a recently filed petition by the Consumer Federation of America and the Consumers Union that asked the FCC to freeze rates. DeFazio, one of 16 House members to vote against the Telecommunications Act of 1996, said he offered the bill as an al- ternative to House members who are having second thoughts about voting to deregulate cable. "I think that what you are seeing is that most of my col- leagues are in a bad position to react, because they have to ad- mit that they were idiotsf De- Fazio said. At the hearing before the House Telecommunications Sub- committee, Comcast Corp. pres- ident Brian R~,bert~s defended O B E~IEIEIE ~ TS his decision not to sell SportsNet -- a regional-sports channel that airs Philadelphia Flyers hockey, 76ers basketball and Phillies baseball games -- to No. 1 di- rect-broadcast satellite carrier Direc%~. Roberts said DirecTv was a strong competitor, especially with regard to sports program- ming, such as DirecTv's exclu- sive "NFL Sunday Ticket" Na- tional Football League,out-of- market package. Roberts said the NFL would not sell him the same 200-game package. But DirecTv executive vice president Larry Chapman said the NFL deal was exclusive ordy in the DBS market. "Whether or not the pr(~tuct is available m cable is between cable and the NFLf Chapman said. Pa}bert,~ said SportsNet -- cause it is delivered by mi- crowave, insIcad of by satellite -- w:~s nol covered by (i~dvral See REP., page S8 The aid it "1 haven't been this excited about cable since Universal gave us Jaws on HBO." ~e e-Communications Inc. $"o-'< Ariahem. C.~[ ( 12J I I ) '1 thought multiplexing was a bodybuilding exercise and DBS was a new rip group on our record label." -- CoiumD~a/Tr~tar ~ e,,s~on exec jonn "if Congress wants to taJee a slash at someone, they won't pick Hollywooc~they pick caiale. Who jets challenged? Who Jets punished!" Ao~ce/N~n~se Commumcat~ons president "We have become bill collectors for programmers." --Lou ~r',~ltl. Marcus CaOle execu~ve VP/CO0 Leo H,ndery "We want tO be Bill Gates' partner. We don't want to be Bill Gates' download." TCI jr'~gcem Leo "The smart money is go,ng to rise and the dumb asses are going to fall by the wayside." ~'C .l:~rneI: T:me VVamer · : n4,rm,tn ,1: ~0) "We're at the earliest stage of the nlost radical transformation in communications "There is no such thing as a little censorship." --D~ck Wo.f. creator/ exeeubve Producer oF Low & OrCe, I i ~g~ "l want us to be the Nordstrom's of the telecommunications business. A percentale of our customers still say that service has gotten worse. We won't be satisfied until that's zero." --Nat,ona C. ab~e TV Assoc:at~on :)resident Decker Ant. tom sc)ea~mg Wlt~ Fodc/ ( I "Cable is a hero again and America Online is the Antichrist." - ~,chae+ ~arrms. president of K merle Str ~teg~es. FrOm N~,v "0~k -me', "Have you seen Johnny Bravo! It's like Elyis on steriods." RoDin Wlll14ms on F})e 8 rEABLEVISIONDECEMBER 18, 1997 The Data Dilemma: Tough Economics BY TOM KERVER ~V bile high-speed data over cable plant was a hot topic at this month's 25th anniversary. media confer- ence sponsored by PaineWebber. pre- ~ntations by cable executives left a clear impression that the economics of data offerings remain unsettled. Cable modem pio- neer E.S. "Ted" Rogers [CEO of Canada's Rogers Communica- tions] is still uncertain about when~0r if--his cable modem business '_~ will start throwing off . " positive cash flow. though more than two years have passed since Rogers launched a major data effort in the Toronto bedroom com- munity of Newmarket. "We have attained about 7.5 percent pene- tration [in Newmar- keth" Rogers reported. He added that installa- tion of cable m~nJems continues to be "more time intensive :md cosily" than had been anticipated. Cox Communications' early experi- ences are apparently similar. according It) Chuck McEImy, VP of residential broadband services. Hc %aid the age nitKlein install currcnll.~ takc,~ people about I.~? hour~. "~,'c intend migrate to a one-person in~tall." he said, without indicaling when Ihal nlighl happen. Rogers said ;hi addilional prohh..nl I% 'The o?,rxi...d ,.',hie, din,rs et,eO't/nng to ~mtuerge. '~scla),, ;lot tornr)rrow, :t crumbles us t. deliuer products .¥imltltaltermsiy t. dw /]'dud the FC. -- JULIAN BRODSKY, Vice chairman. Comcast the co,~t associated with offering "unlimited tYee troubleshtx)ting" to dala customers. He's concerned that some customers may balk and wall it' asked to share in troubleshooting costs. Single-digit penetration. such as Rogers. MediaOne and just about ever5. other operator who has launched modem services are experiencing. is tenu- ous at best. Cox senior VP Jimmy Hayes con- cedes. for example. that the breakeven point on data is "mid single- digit" penetmtion. Thus. customer retention at the 6-8 percent penetra- tion range appears cru- cial. While companies like MediaOne are get- ting around S42/month average subscriber rev- enue from data. costs are consuming more than many would like tO see. Comcast xice chair- man Julian Brodsk~ was more circumspect than the others about his compan.v's data business. He did point out. however. that the oft- described "Holy Grai[" of convergence between television and computers ha~ ulrcady amired. That's m~t. he said. because of Micro~ol't'~ CoillOaM in~cst- IIICII{. ha{ hcc~UxC "the coaXlU[ cubic ull.w~ everythin,; m converge. Today. n()t h,ll()rrow. it cnahJc~ Us to ddivcr product~ ~imuham~couMv h) lhc TV and Ihc Pt'." · FCC Study: Cable Remains Dominant ByTED HEARN WASHINGTON -- Cable's market share dropped slightly in 1996 as a result of direct- broadcast satellite competi- tion, but the decline failed to supplant cable as the netion's dominant provider of multichannel video program- ming, according to a new federal study. The study, released by the Federal Communications Commission last week, found that cable operators last year served 89 percent of the nation's multichannel video subscribers, down from 91 percent in 1995. Between 1995 and Octo- ber 1996, basic cable subscribership grew from 61.5 million to about 63.5 million -- a period in which the overall multichannel mar- ket grew by 2.3 million subscribers -- the study said. The study found that cable's market-sham erosion was the result of surging DBS growth. DBS grew from 1.7 million subscribers to 4 million through the first nine months laat year, the FCC said. In other results, the atudy found that: · A total of 50 percent of all cable supecrlbers are served by cable clusters serv- Ing at least 100,000 · Horizontal integration among top MSOs increased, but the multichannel video industry is 'moderately con- centrated.' · Ownership of national satellite programming ven- dors by cable systems oper- ators ('vertical integration") declined from 51 percent to 44 percent, largely as a re- suit of Viacom Inc.'s cable- system sale to Tale-Commu- nications Inc. · License fees paid by ca- ble operators to nonpremium cable networks grew 19 per- cent between 1994 and 1995, from $2.2 billion to $2.6 billion, while license fees to premium networks grew from $1.9 billion to $1.94 billion (a 2.1 percent increase) during the same period. · Between 1994 end 1995, MMDS (wireless ca- ble) subscribership grew 41 percent, from 600,000 to 847,000 subscribers. But the study warned that MMDS' future remains cloudy, given the decision by Bell Atlantic Corp. and Nynex Corp. to withdrew their $100 million Inveatrnent In CAI Wireless ayetarns Inc, · SMATV subacrlberablp grew 10,5 percent between 1995 and 1996, from 950,000 subacrlbers to 1,05 million. m TCI Sets $20M for Des Moines Rebuild By JOE ESTRELLA Tele-Commun~cafions Inc. will spend some $20 mil- lion completing a long- delayed fiber optic rebuild of its network in Des Moines, Iowa -- a move that it hopes will curb the overbuild fever gripping municipalities statewide. Moreover, the MSO con- fumed last week that it will launch its new TCI Digital Ca- ble programming package in ~he Des Moines market later this year, and that it plans to move Disney Channel to ex- panded basic beginning next month. However, the 18-month fiber optic rebuild and the digital rollout were apparently not a reaction to earlier reports that Des Moines planned to build a municipal telecommunica- tions network capable of deliv- ering cable service. The city re- ported]y shelved that scheme a_e~er runrang into resistance from area residents and local businesses opposed to govern- ment competing with a private enterprise. "Even their own consultant said, ~'ou've got to be kid- ding,' sa~d Tom Graves, presi- dent of the Iowa Cable and Telecommunications Associa- tion. 'And people's reaction was, %Vould you please fix the roads and put more police on the streets, first?'" Des Moines city officials did not return calls for comment last week. Nevertheless. Graves said TCI's plans for Des Moines could help to stifle the enthu- siasm that other local govern- ments in Iowa have demon- strated for municipal over- builds. On Nov. 4, for example, six communities served by TCI will vote on whether to build municipally owned networks that would compete with the MSO. A seventh community served by Triax Cablevision will also vote on such a net- work. %Vhat TCI is doing is deft- nitely good news, because we have to kill the idea that mu- nicipal overbuilds are a good idea," Graves said. "People will no longer think that there are all of these channels out there that they're not getting.~ Doug Nix, manager of TCI's Des Moines system, said only 20 percent of the network had been rebuilt when the MSO halted its upgrade earlier this year. That leaves some 1,300 miles of plant to be upgraded beginning later this month. Deborah Blume, TCI of Iowa regional director for communication, said the new 450-megahertz system will have 42 analog channels, three channels devoted to In- ternet access and 12 reserved for the launch of the Headend in the Sky service. As a result of the rebuild, American Movie Classics will become a full-time channel, rather than sharing space with ~,q-I1. The system will add Comedy Central, ESPN2, Courtroom Television Net- work, E! Entertainment Tele- vision, Univision and Sports- Channel Chicago. ~w~ Ness Warns Cable: Storm is Brewing By TED HEARN ANAHEIM, CALIF. -- FCC commissioner Susan Ness wasn't audition- ing to be a forecaster on The Weather Channel last week when she said that a "tornado" is twisting its way toward the cable industry due to rate in- creases. Instead, the regulator said she was issuing a firm but friendly warning that the po- litical establishment in Wash- ington is becoming so fed up with double-digit price hikes that lawmakers could decide to "pounce" on the industry. to ap- pease angry voters in the 1998 election year. "That combination could en- tail legislation, or it could en- tail a very strong directive on the commission to take some action or to explore taking ac- tionf Ness told a Western Show audience here. The Federal Coremunica- NESS tion.s C.mmi.~.~hm ha.~ ht,fhm. it a pvt. ith,n L- I~'t,t,zc -- which. ~i~nii~v;inll.v, did nm vnd.r.~u. ~;~in~ lb;l! the J'l'l,¢,zi. 1),,i il ii)11 1.11111'~,w. ('(~11111111 I~.'1' C~l~lll'1111'l) ~1~ See NE$S. page 93 Aurora Gives TCI Reprieve By JOE ESTRELLA The city of Aurora, Colo., has given Tele-Commu- nications Inc. one year to rebuild its local, 55,000-sub- scriber system or face financial penalties of $2,000 per day. The city granted TCI a one- year reprieve, or until Dec. 31, 1998, to finish the rebuild, which, under its 15-year fran- chise, was supposed to have been completed by the end of this year In exchange for the exten- sion, TCI surrendered the right to appeal any monetary penalties that Aurora officials might assess if the company misses its deadline. "There isn't going to be any of this last-minute, 'We can't make it' business." said Joseph LaRocco, Aurora's television and cable-services manager. ~We made it clear that we plan on enforcing this. They signed an agreement, and we fee] that they should live up to it in or- der to keep the city cornperi- rive with other communities." TCI and Aurora officials have been at odds since De- cember 1996, when the MSO suspended all of its system up- grades nationwide as a means of saving money. Ironically, construction in Aurora was halted shortly af- ter TCI signed its new fran- chise that called for the re- build to be completed by the end of this year. The Aurora network -- the oldest in the Denver metropoli- tan area -- was 60 percent re- .built when construction was halted. leaving the city with two different systems. One is a 550- megahertz network serving 33,000 subscribers, and the sec- ond is the area's most unreliable cable network, LaRocco said. "It made a difference of something like nine channels between the two systems," LaRocco said. Margaret LeJuste. director ofgovcrnment and regulatory affairs for TCI of Colorado, said the MSO suspended con- struction in order to consider its options involving digital compression. As a result, on Nov. 14. it in- troduced its TCI Digital Cable programming package in the Denver metro area, which LeJuste said was a ~faster, cheaper and less disruptive" way of adding programming than a full-blown rebuild. "But we intend to complete this rebuild by the end of 1998," she said. "We realize that we have to make Aurora whole.~ LaRocco said the Aurora City Council must pass the amended franchise before the end of the year to prevent TCI from being out of compliance with its original deal Under its amended deal. TCI must rebuild the Aurora network to 750 MHz by the end of next year. or it will be in material breach of its fran- chise and subject to fines of $2,000 per day, LaRocco said. LeJuste said construction on the rebuild has already be- gun. ~ City of Iowa City MEMORANDUM Datei March 4, 1998 To: City Council and Telecommunications Commission From: Eleanor Dilkes, City Attorney ~ Andy Matthews, Assistant City Attomey~,,~ Re: TCI $5 Late Fee Charge Some time ago, our office was requested to review the legality of TCl's $5 late fee charge. Our conclusion, based on the laws at the time governing cable activities, as well as the State's consumer protection statute, was that the late fee appeared to be permissible. More recently there have been a number of lawsuits brought against cable companies, often TCI, challenging such late fee assessments. Most of these lawsuits are class actions and are being brought in different regions throughout the country. These lawsuits are challenging late fee assessments with a whole new approach, namely, that late fee assessments are in actuality unlawful liquidated damages. These suits are premised on the argument that the late fee charges neither bear any relationship to the cable company's actual losses due to late payment nor do they represent a reasonable advanced estimate of their losses. The lawsuits are often meeting with success in the courts, resulting in judgments against the cable companies in the millions of dollars. For example, in Burch. et al vs. United Cable Television of Baltimore, the Baltimore Circuit Court entered a judgment against United Cable (a wholly owned TCl affiliate) in the amount of $4,408,586.40. In its decision, the court found that: The cable company's late fee is exorbitant, bears no reasonable relation to the real cost of handling and collecting the late fee, and constitutes a profit for the collection of additional revenue. The court enjoined the cable company from charging more than 50¢ for a late fee. In Robert Bassin. et al vs. District CableVison Ltd. Partnership, Superior Court, District of Columbia, a jury entered a verdict against a TCl affiliated cable company, assessing compensatory damages of $3,414,411. In overruling the cable company's post-trial motions, the court noted: The late fee was unilaterally imposed by a licensed monopoly pursuant to a power reserved in the contract. Further, no effort was made by the defendant to estimate its costs and consequent damages in the event of a subscriber's failure to pay on time... Other similar such lawsuits are pending throughout the country, in California, Michigan, and Alabama, to name but a few. These cases have withstood the cable company's efforts to have them thrown out, and are presently pending before the courts for trial. Of particular interest is one such lawsuit brought in Washington, Iowa. In this lawsuit, Miller. et al vs. Tele-Communications. Inc.. TCl Communications. Inc.. and Heritage CableVision. Inc.. d/b/a TCl of Southern Iowa, the plaintiff, on behalf of herself and others similarly situated, has sued TCl, claiming such late fee assessments are unlawful liquidated damages. The plaintiff is attempting to certify this action as a class action, with the potential for a large judgment and a large award of attorney fees. The Washington, Iowa lawsuit is being handled by local counsel in Washington, Iowa, and among others, attorneys from Chicago and Washington, D.C. These outside counsel have been involved in similar such suits, with considerable success. Class action lawsuits have the potential for large judgments because they are based on claims too numerous to name separetely or try separately. Awards of attorney fees could also be great if plaintiffs prevail in this case. They also have the potential to affect larger number of customers and potential customers, should a court enjoin such prectices on a company or state-wide basis. In a class action lawsuit, a party may sue as a representative party on behalf of all in a class, if that class is so numerous or so constituted that joinder of all members of that class is impractical, or if there is a question of law or fact common to the class. Courts have been somewhat inconsistent as to whether to certify these late payment fee cases as class actions. Whether plaintiffs in the Washington County case are grented class action status remains to be seen. If denied class action status, all potential plaintiffs would have to be separately named. If the court certifies this case as a class action, it is not clear whether the class will include Iowa City plaintiffs. Plaintiff already asserts, in her pleadings, that this is an action involving all of TCI's Iowa affiliates; however, the pleadings lacks the specificity to conclusively determine whether the court will accept it as representative of all Iowans served by TCl affiliates. Our office will keep track of this litigation and its potential impact for Iowa City. If you would like more information on this case, do not hesitate to call us. CC: Steve Atkins Drew Shaffer Dale Helling Marian Karr andyVnem\tciwash.doc City of Iowa City MEMORANDUM TO: City Council FROM: Lisa Handsaker DATE: March 5, 1998 RE: Mail A mail sorter is now located on top of the filing cabinet near the window in my area. You each have a slot. Please feel free to collect your personal and third- class mail at any point throughout the week. Indexed information packet items will continue to be distributed on Fridays. City of Iowa City MEMORANDUM Date: To: From: Re: March 3, 1998 Mayor and City Council Marian K. Karr, City Clerk Council Work Session, February 9, 1998 - 7 p.m. in Council Chambers Council Present: Lehman, Champion, Kubby, Norton, O'Donnell, Thornberry, Vanderhoef. Staff Present: Atkins, Helling, Karr, Davidson, Logsden, Doyle, Handsaker, Yucuis, Schoon, McClure, Dollman, Miklo, Mitchell. Tapes: Tapes: 98-20, Side 2; 98-22, all; 98-23, all. ADDITION TO THE CONSENT CALENDAR Reel 98-20, Side 2 Council agreed to add to the Consent Calendar a Class B Liquor License for Pizza Palace. SEATS Reel 98-20, Side 2 City Manager Atkins, Assistant City Manager Helling, and Transit Manager Logsden responded to council's questions regarding implementation of a SEATS service. A council majority directed staff to proceed with developing a paratransit service and initiate formation of an advisory group. REVIEW ZONING MATTERS Reel 98-22, Side 1 Planning and Community Development Director Franklin presented the following Planning and Zoning items for discussion: A. VACATING A PORTION OF FORMER BENTON STREET BETWEEN RIVERSIDE DRIVE AND THE IOWA RIVER WHICH IS ADJACENT TO LINDER TIRE SERVICE. (1) Public Hearing (2) Consider an Ordinance B. PUBLIC HEARING ON A RESOLUTION APPROVING REVISIONS TO THE AUGUST 6, 1996, FRINGE AREA AGREEMENT WITH JOHNSON COUNTY, WHICH IS PART OF THE IOWA CITY COMPREHENSIVE PLAN. C. VACATING .50 ACRES OF WATERFRONT DRIVE, LOCATED SOUTH OF HIGHWAY 6 AND EAST OF GILBERT STREET. (VAC97-0003) (FIRST CONSIDERATION) Informal Work Session February 9, 1998 Page 2 Fo G° AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE L, ENTITLED "PROVISIONAL USES AND SPECIAL EXCEPTIONS," TO PROVIDE FOR TEMPORARY USE PERMITS TO ALLOW SHORT-TERM ACTIVITIES, SUCH AS SPECIAL EVENTS OR SEASONAL OUTDOOR STORAGE AND SALES. (SECOND CONSIDERATION) AMENDING THE BUILDING CODE AND TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE B, ENTITLED "ZONING DEFINITIONS," TO CHANGE THE DEFINITION OF GRADE. (SECOND CONSIDERATION) APPROVING A PRELIMINARY AND FINAL PLAT OF A RESUBDIVISION OF OUTLOT A, WB DEVELOPMENT, A 15.9 ACRE, ONE-LOT COMMERCIAL SUBDIVISION WITH ONE OUTLOT LOCATED ON THE EAST SIDE OF NAPLES AVENUE, ACROSS FROM ALYSSA COURT. (SUB97-0025) APPROVING A PRELIMINARY AND FINAL PLAT OF WESTPORT PLAZA, PART TWO, A 14.41 ACRE, ONE-LOT COMMERCIAL SUBDIVISION WITH ONE OUTLOT LOCATED ON THE SOUTHEAST SIDE OF HIGHWAY 1 WEST, NORTH OF SUNSET STREET. (SUB97-0034) Franklin recommended that council defer action to February 24 to allow for the applicant's engineers to complete the Sensitive Areas Site Plan. REVIEW AGENDA ITEMS ~ Reel 98-22, Side 2 In response to Thornberry, Lehman stated Council Members may provide input to him on Mayor's Proclamations. (Item //14 - Foundation Permits). Lehman noted that staff concurred with the resolution establishing a fee for foundation permits. (Item // 7, 8, 9 - Issuance of General Obligation Bonds) In response to Lehman, Yucuis stated the city will be selling approximately $8.5 million in GO Debt and the tax rate has decreased from original projections. In response to Lehman, a council majority concurred with the Maggie Grovesnor's serving on the HACAP Board of Directors. (Item #6a An ordinance vacating a portion of former Benton Street between Riverside Drive and the Iowa River which is adjacent to Linder Tire Service.) Lehman noted concerns regarding cost of the trail project. Assistant PCD Director Davidson responded to council questions regarding trail design location. City Attorney Dikes recommended that land condemnation be discussed in executive session later that evening. (Item #10 Water Facility Site Development, Phase 1 ). Norton asked staff to present details regarding the Water Facility Site Development at Tuesday's formal meeting. (Item //12 Captain Irish Parkway, Phase 1). Norton requested that staff highlight project details at Tuesday's formal council meeting. Informal Work Session February 9, 1998 Page 3 (Item #13 Lenz Street Renaming). In response to Kubby, Franklin explained Lenz Street was being named because of the location of the Lenz farm. 9. In response to Kubby, PCD Director Franklin explained Housing Forum discussion will be held 2:00 to 3:30 and HCDC issues 3:30 to 4:30 on February 12. DOWNTOWN STREETSCAPE PLAN Reel 98-22, Side 1 City Manager Atkins, PCD Director Franklin and Bob Kost of BRW facilitated discussion of the Downtown Streetscape Plan. Atkins stated he will prepare a summary memo regarding Downtown Streetscape, Iowa Avenue Streetscape, Iowa Avenue parking ramp, Block 102 parking ramp, and Library/CenterSpace. A council majority directed staff to proceed with. implementation of Phase 1 of the Downtown Streetscape Plan. Staff Action: Resolution to be placed on February 23 agenda. (Franklin) IOWA AVENUE STREETSCAPE Reel 98-22, Side 2 Assistant PCD Director Davidson, Brian Clark (Adamson Clark Landscape Architecture), and Iowa Avenue Streetscape Committee members: Jim Clayton, Emilie Rubright, Larry Wilson presented an overview of the Iowa Avenue Streetscape, Phase 1. A council majority directed staff to proceed with final design work of the Iowa Avenue Streetscape Plan concept as presented. Staff Action: Resolution to be placed on February 23 agenda. (Davidson) [Council Break 9:55-10:00 PM] PARKING FACILITY Reel 98-23, Side 1 Assistant PCD Director Davidson presented proposed parking facility information. Input was received from Bob Welsh. A council majority directed staff to proceed with the Iowa Avenue parking facility plan- scheme involving acquisition of two properties and relocation of existing businesses into the first floor. Staff Action: Proceed with development of RFP for design engineering and proceed with property acquisition. (Davidson) MELROSE/HAWKINS INTERSECTION Reel 98-23, Side 1 Assistant PCD Director Davidson presented information regarding Melrose/Hawkins Drive intersection. Input was received from Dick Gibson, representing University of Iowa. Informal Work Session February 9, 1998 Page 4 A council majority directed staff to proceed with installation of the right lane turn for westbound traffic at the Melrose/Hawkins intersection. A council majority directed staff to evaluate the Melrose/Melrose Court intersection. Staff Action: Ordinance installing right turn to be prepared for February 23 meeting. Staff will proceed with study. (Davidson} DEER MANAGEMENT PLAN UPDATE Reel 98-23, Side 2 Administrative Assistant Handsaker and Assistant City Attorney Mitchell presented a deer management update. Staff Action: Report back to Council after (February 12) meeting with DNR. (Handsaker) ORGANIZATIONAL ISSUES Reel 98-23, Side 2 There was no council discussion. COUNCIL TIMF Reel 98-23, Side 2 Kubby asked that Police issues should be placed on the pending list for future discussion. Kubby raised concerns about the process regarding council representation at a police-bar owner meeting and Council formulating an ad hoc committee. The Mayor stated Council Members did not attend the meeting in an official capacity and noted his appreciation for comments made by the City Manager at that meeting. Majority of Council agreed to the City Manager and Police proceeding with monthly meetings of the ad hoc committee. City Clerk Karr reported that the PCRB is going to address complaint forms used by Police and PCR8 at their February 25 meeting. 3. Norton request an update on Water projects. Kubby requested a TCl update. Assistant City Manager Helling noted he is working with City Attorney Dilkes on a confidential memo for council. Adjourned: 10:58 PM clerk\mins\2-9ws.doc City of Iowa City MEMORANDUM Date: To: From: Re: Council Present: Staff Present: March 5, 1998 Mayor and City Council Marian K. Karr, City Clerk Special Council Work Session, February 12, 1998 -2:00 PM in Council Chambers Lehman, Champion, Kubby, Norton, O'Donnell, Thornberry, Vanderhoef. Atkins, Helling, Karr, Dilkes, Franklin, Head, Grovesnor, Nasby, Long, Boothroy. Housing and Community Development Commission: Jayne Moraski, Gretchen Schmuch, A. Denita Gadson, William Stewart, Kathleen Renquist. Tapes: 98-26, all; 98-27, all. Housincl Forum Reel 98-26, Side 1 City Manager Atkins, City Attorney Dilkes, Community Development Director Franklin, Community Development Coordinator Head, Planner Nasby facilitated a council discussion regarding the Iowa City Community Housing Forum Report. Council directed staff as follows: · Housing Rehabilitation Program Expansion-Proceed · First Home Program- Proceed · Affordable Housing Funding Pool - No action; provide further information · General Obligation Bond- Develop criteria by August 1998 · Financial Institutions-Combination Mortgage and Rehab Loan- Proceed · Community Housing Linked Deposit Program- Proceed · Housing Fund Program - Defer until changes are made at State level Development of Re.clulatorv Measures Reel 98-23, Side 2 PCD Director Franklin and Community Development Coordinator Head facilitated council discussion regarding development of regulatory measures. Input was received from John Shaw. Council directed staff to proceed with the following: · Small Lot Zoning · Minimum Lot Width 45 feet · Reduced Residential Streets Pavement · Pre-deveiopment meetings · Study to Analyze the Development Code · Density Bonuses for Affordable Housing · Neotraditional Housing Development Misc. Discussion Reel 98-27, Side 1 In response to Kubby, council agreed to consider energy efficient programs, non-profit housing consortium, housing costs and household income issues, homeless issues, life skills, and regional cooperation on a county wide basis. Council agreed schedule another meeting to discussion other housing issues. Housincl and Communitv Development Commission Reel 98-27, Side 1 Community Development Planner Long and Housing and Community Development Commission members Jayne Moraski, Kathleen Renquist, A. Denita Gadson, Gretchen Schmuch and Bill Stewart addressed issues outlined in Head's January 27, 1998 memo re: Response to comments concerning CDBG and HOME priorities. Meeting adjourned: 4:35 PM clerk~rnin~0212-ws.doc City of Iowa City MEMORANDUM Date: To: From: March 5, 1998 City Manager and City Council A , ,~- ~ ~ /'~' Re: Summary of City Council Decision-Making at February 26, 1998 Work Session: Downtown Investment Initiative Downtown Streetscape Plan Council directed staff to proceed with implementing components of the .Downtown Streetscape Plan this summer. After much discussion, Council decided to implement the streetscape plan by area rather than streetscape item (e.g. light fixtures). Council also indicated its desire to reduce the cost of the project, setting $2.7 million as a goal. To reduce the total project cost, staff is recommending 1) delaying implementation of Phase 3 of the project to some unknown time in the future and 2) using colored concrete rather than limestone when rebuilding the planters. These two items reduce the total project cost to between $2.6 and $2.7 million. We ask that you remember that the streetscape plan you are considering for adoption is only a preliminary design document to use as a guide when preparing the final design plan and construction documents. The estimates in the plan are just that - estimates. Staff and the consultant are fully aware of the Council's desire to reduce the total project cost. As the consultant designs the final design plan, we will continue to evaluate the plan for opportunities to reduce costs without compromising the vision outlined in the plan. On your agenda are two resolutions: one approves the ideas embodied in the Downtown Streetscape Plan and the other approves a contract for consultant services with BRW to complete final design and construction plans for those improvements outlined in Phase 1 and 2 of the Downtown Streetscape Plan. With Council approval of the streetscape plan and contract for consultant services on March 10, we will begin the process of designing, bidding, and awarding a construction project which we hope to begin this July. We are working on an extremely tight schedule to begin construction in July. Any further delays at this point will push the construction start date further back. What is not completed of Phase 1 this construction season will be combined with Phase 2 and completed next construction season. Iowa Avenue Parking Garage Council has given the go-ahead for construction of a multi-use parking facility on the southeast corner of the intersection of Linn Street and Iowa Avenue. The site includes the existing Senior Center parking lot, the existing Ecumenical Towers parking lot, the Cottage Bakery, and the Harmon Building. A resolution authorizing the acquisition of property is on your March 10 City Council meeting agenda. Council reminded staff that it is important to keep in mind not only the interests of the property owners, but also the tenants of the property being acquired. Staff is preparing a request for proposals for architectural and engineering services to complete the design of the facility. We hope to have a firm selected and under contract by the end of April. Council indicated that an important design element of the project will be the facade of the structure on Linn Street and Iowa Avenue. We will also take into consideration the appearance of the structure from Ecumenical Towers. The facility should look more like an urban building than a parking structure. In addition to considering subterranean parking or a sixth floor of parking, staff will continue working with the owner of the Harmon building on a proposal to place residential units above the parking structure. Staff has indicated that this proposal must not delay the parking project. Iowa Avenue Streetscape Plan A majority of the City Council indicated its interest in pursuing implementation of Phase 2, Alternate B of the Iowa Avenue Streetscape Plan. In order to avoid any net loss in parking in this corridor as a result of the streetscape improvements, Council indicated that the construction of the improvements should not occur prior to the construction of the Iowa Avenue Parking Garage. Phase 2, Alternate B of the Plan includes removing the parking from the middle of the street, widening the sidewalks, and installing streetscape furnishings between Clinton and Gilbert Streets. This includes constructing all of the proposed improvements illustrated in the plan with one significant exception. The one exception is that street pavers would be located only at street intersections and not between the intersections. Council indicated it would consider the street pavers between the intersections, if the University has an interest in having them installed and would be willing to financially contribute to the overall cost of the project. Since the projects on Iowa Avenue will have significant benefit to the University of Iowa and the University is the property owner along the entire north side of the street, staff will initiate conversations with University administrators about cost-sharing in these projects. Library/Cultural Center Council stated its continued support of placing the library/cultural center project on the ballot for a referendum. The Council will meet on March 25 to discuss further the financing of the downtown projects and the content of any ballot issues related to the downtown investment initiative. CC: Jeff Davidson Bob Miklo Rick Fosse Rob Winsted Joe Fowler f:\downtown\implmem\ccO526.mem -March 1, 1998 Jeff Davidson City of Iowa City Civic Center Iowa City, Iowa 52240 Dear Mr. Davidson: I am writing this letter as a resident of Iowa City who happens to also be the Treasurer of the Board of Ecumenical Towers. The Board recently found out about the proposed parking ramp on the north side of the. business district by reading about it in the Press Citizen. We were very surprised that we had not been apprised of this proposal since it will involve a major change for the residents of Ecumenical Towers. I have many concerns as do other Board members, and we would really like some response to these concerns. The population living at Ecumenical Towers includes a large number of frail and elderly residents who are able to stay in independent living arrangements because of Ecumenical Towers and the support they receive from friends, family and caregivers. Below is a list of concerns that I have. I am concerned about what will happen to the view from the apartments on the north side of the building. This is NOT a big city and our residents very justifiably expect to be able to look outside to see trees and some green, not to have a parking ramp as their view. 2. Many elderly drivers are intimidated by having to drive through a ramp to find a place to park. Many people (not just the elderly) feel very insecure alone in a ramp at night. Yes, even with video cameras active and lots of lighting. It could involve their having to take an elevator at night in an unsecured place, which would be threatening to them. Many of our residents have caregivers who come and go throughout the day. It would be very unfair for these people to have to spend a lot of time driving around a ramp looking for a parking place and then having 2 to pay for it. These caregivers enable the elderly to remain in their own apartments a lot longer than would be possible if they didn't have this assistance. Friends and relatives of our residents are encouraged to drop in for visits. Again, having to find a place to park and then paying for it might discourage people from visiting. I am concerned how our residents would safely get from the Towers to the ramp and back across the alley which would probably be a busy entrance or exit to a ramp. Our residents currently have a secured parking place for their cars behind a security fence. Would they lose this security and therefore make their cars more vulnerable to vandalism? How would our residents, care givers and visitors maintain quick and accessible parking during the construction of the ramp? The Swan ramp is not an option because of the distance. I hope the city will take all of these concerns into consideration and solve the problems before creating more of them. Sincerely., c J ~ Marilyn Holland 1630 Quincent Street Iowa City, Iowa 52245 338-4218 cc: Steve Atkins, City Manager City Council Members IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT FEBRUARY, 1998 OFFICER 2, 49 DATE 2-01 CASE # INCIDENT 98800933 Domestic Assault FORCE USED Subject was arrested and refused to put his hands behind his back.. O~cers grabbed his arms and pushed them behind his back. He refused to walk, so officers had to hold onto him and escort him to the squad. 38 2-02 98800968 Interference With Official Acts, Disorderly Conduct Subject was placed under arrest while at the Johnson County Courthouse. He refused to be handcuffed. Officers took him to the ground and handcuffed him there. 3, 92 38 2-04 2-08 98801030 98801159 Naked Person Assault Subject was exposing himseft at the Rec. Center. When officers attempted to remove him from the gym he resisted. He was taken to the ground and handcuffed. While walking him out he attempted to kick a glass door and officers. He refused to cooperate and was sprayed with OC. When placed in the squad he attempted to kick out the window. His legs were then strapped down. Jurerole refused to be handcuffed, after assaulting a person and damaging property. A pressure point control technique was used to get her to put her hands behind her back. She was then handcuffed. 12, 50 34 2-12 2-15 98801259 98801473 Public Intoxication Investigation Subject refused to walk after being placed under arrest. Offcers had to grab his arms and carry. him to the squad. He refused to get in, so officers had to physically put him in the car. While walking towards a house the officer was attacked by a dog. The dog was sprayed with OC. 46,53 2-17 98801425 Domestic Assault After being told she was under arrest, the woman tried to walk away from officers. They each grabbed an arm and escorted her outside. She was then handcuffed. OFFICER DATE CASE # 98, 85, 25, 30, 2-18 98801455 36, 39, 42, 32 14, 46, $1 2-19 43 2-21 32, 50 2-22 43 2-24 26, 95 2-24 13 2-24 2, 11, 49 2-27 98801484 98801550 98801633 9~01~9 98801670 988011835 98801796 INCIDENT Mental Committal Involuntary Committal Ind__ncent Conduct Public Intoxication Criminal Trespass Public Intoxication Public Intoxication Public Intoxication FORCE USED SubJect threatened to commit suicide and that he had a gun. Officers displayed firearms when attempting to While serving the committal papers the subject attempted to close the door on the officers. He was grabbed by the arm and pulled outside. They handcuffed him and took him to ETC. When told he was under arrest the subject started to walk away. Officer grabbed his arm and put it behind his back. He was handcuffed and escorted to a squad car. Subject was escorted out of a bar by officers. She was placed under arrest but refused to put her bands behind her hack. At one point she slapped officer's hand. She was then bandcuffed. Johnson County Sheriff Deputies r~ue.sted assistance of Iowa City Officer to help put a person on a re.straining board. While being walked to the elevator at the jail, subject elbowed officer in the chesL When he nnempted to hit officer a~nin he was taken to the floor. He was then turned over to Deputies. Subject resisted while being removed from a bar. Officer had to grab his arm and physically pull him ouL Officers placed subject under arrest.but he refused to put his arms behind his back. He clasped his hands together in front of him. Officers used knee strikes and OC spray before he complied. OFFICER DATE 2-2g CASE # 9g~Olg25 INCIDENT Stolen Vehicle, Eluding FORCE USED Subject att~npted to elude officer. After a chase he attotalon th~ stolen car and was found hiding behind a house. Officer d~w his sidearm and ordered him to a prone portion. lie was hn-dod~ed. CC: Chief C~ty Lie~0~nts L~rary City Clerk City of Iowa City MEMORANDUM Date: March 3, 1998 To: Iowa City City Council From: Joe Fowler, Director, Parking and Transit Ron Logsden, Transit Manager ~--~ Re: Youth Semester Bus Passes Iowa City Transit will offer a Youth Semester Bus Pass for the first time beginning in August 1998 as a pilot project. This program will be set up utilizing the same guidelines as the University of Iowa Student Semester Bus Pass Program. The pass will cost $80.00 per semester and will run from August-December for the Fall semester and January -May for the Spring semester. The cost of the pass will be prorated for purchases as the semester progresses. We will be contacting the businesses who currently sell our monthly passes to determine if they are interested in selling the youth semester passes at the start of the semester. Providing more locations with nontraditional hours for the distribution of the youth passes will be critical to making the program a success. We will also contact the school district regarding selling passes and disseminating information through the schools. THE UNIVERSITY OF IOWA 2/27/98 Ron Logsden Transit Manager Iowa City Transit Dear Ron, I want to clarify my comments which were contained in an article that appeared recently in the Daily Iowan. The article, at least the first part, was written in a manner which could lead one to suspect that if Iowa City Transit were to assume operation of its paratransit service that Cambus would then seek to reduce its Bionic service This is not true nor do I believe I communicated such to the reporter. The reporter asked me if we intended to reduce Bionic service if Iowa City took over operation of its paratransit service. He said he was following up on a concern raised by an Iowa City Council person. I told him that our "intentions" would be the same, regardless if Iowa City or SEATS operated the service. I further informed him that our planning has been included in the "Iowa City Urbanized Area Complementary Paratransit Plan~ since its inception. It is our desire to seek to reduce the Bionic service area for two primary reasons: 1) Make the service area consistent with Cambus fixed-route service, 2) Coordinate the paratransit services in order to improve the efficiency and consistency of service in the community. I told him that such a change would have to be done in collaboration with Iowa City & Coralville and that it would not necessarily result in reductions for Bionic. More than likely, it would result in doing more with the same. Ron, I feel we have had fairly open communications on this matter and I hope this article did not cause you or other staff to suspect we have other "intentions". It is our desire to have coordinated paratransit services in the community, however, we know that this can only be achieved through coordinated efforts and planning by all parties involved. I hope your paratransit provider issues are resolved in the near future and I offer any assistance we can to help facilitate the process. Regardless of how it turns out, I know we will continue to work together for the improvement of paratransit services in the community. Sincerely, Cambus Office Department of Parking ~nd Transportation 100 Cambus Oilice Iowa City, Iowa 52242- 1000 CITY OF I0 WA CITY Press Release February 23, 1998 Contact Person: Ron Logsden, Transit Manager 356-5154 Fully Accessible Transit Fleet On Friday, February 13, 1998 Iowa City Transit took delivery of the last of six buses which were sent to be retrofitted with a wheelchair lift and other accessible features. Iowa City Transit now has a fully accessible fleet of buses with all of our bus routes being accessible at all times. Having lifts on the fixed route buses allows persons with disabilities to use the lift to board and deboard the bus if they are assisted by a wheelchair. The lift also allows ambulatory passengers to stand on the lift while boarding and deboarding if they have difficulty negotiating the steps on the bus. 410 EAST WASHINGTON STREET · IOWA CITY. IOWA 52240-1826 · (319) 3:56-~000 · FAX (319) 356-$009 Johnson County Council of C_ v rn s 410 E VvOsh~::~tc~ Iowo Clly Iowo 52240 PRESS RELEASE For Immediate Release March 2, 1998 Re: Johnson County Waste Tire Collection Program Contact: Brad Neumann, JCCOG Solid Waste Management Planner The Johnson County Waste Tire Collection Program will begin on April 4 land will run through May 2. During this period, tires will be collected for FREE at the Iowa City landfill. The landfill is open from 7 a.m. to 4:30 p.m., Monday through Saturday. Normally it would cost approximately $2.50 to dispose of a tire at the Iowa City Landfill. All Johnson County residents and businesses, except businesses related to tire collection, are eligible to participate in the program. Communities with spring cleanup events are also encouraged to collect tires between the amnesty dates listed above. There is no limit on the number of tires delivered to the landfill, however, if you have over 50 tires in a load please call the number listed below before bringing the tires to the landfill. Types of tires accepted include car, light truck, semi-truck, and tractor tires. The tire collection program is funded by an Iowa Department of Natural Resources grant applied for by the Johnson County Board of Supervisors. For more information, or to make arrangements to bring in more than 50 tires in a load, please call the Johnson County Council of Governments at 356-5235. jccogsw~tirepr.doc PRESS RELEASE Spring Sweeping Schedule Contact Person: Bud Stockman, Supt. Streets Phone: 356-5181 February 20, 1998 The following schedule will be used by the City of Iowa City Street Division for sweeping certain streets with continuous parking during the University of Iowa's lg98 spring break. Posting Thursday, March 12, 1998 for sweeping operations beginning Tuesday, March 17, 1998 at 8:00 a.m.: On Clinton, from Market St. to Church St. (east side only); On Iowa Ave., from Van Buren to Muscatine Ave. (south side only); On Washington St., from Van Buren to Muscatine Ave. (north side only); On College St., from Van Buren to Summit St. (south side only); On Bloomington St., 100 block between Clinton & Dubuque St. (north side only); Posting Friday, March 13, 1998 for sweeping operations beginning Wednesday, March 18, 1998 at 8:00 a.m.: On Clinton, frorn Market St. to Church St. (west side only); On Jefferson St., frorn Gilbert St. to Evans (south side only); On Iowa Ave., from Van Buren to Muscatine Ave. (north side only); On Washington St., from Van Buren to Pead St. (south side only); On College St., from Van Buren to Summit St. (north side only); On Dodge St., from Burlington to Bowen/(west side only); On Lucas St., from Burlington south to dead end at railroad (west side only); On Pearl St., north of College St. (east side only); This schedule is used to take advantage of there being less vehicles in these areas during spring break and thus attempt to alleviate any additional inconvenience. The Iowa City Street Division uses this program for the publics best interest and will continue to do so on an annual basis. Parking will be prohibited and enforced as posted on these dates in the respective areas. Violators will be towed with no exceptions. "No Parking" signs "Due To Maintenance" are posted at least 48 hours in advance of any necessary work to be done and are checked and rechecked as necessary to alert vehicle owners. This coincides with the City of Iowa City 48 hour vehicle storage ordinance continually in effect. Vehicles parked on City of Iowa City streets should be checked early every other day at a minimum. This sweeping operation project is scheduled to be completed by Thursday, March 19, 1998, weather permitting. CITY Civic Center OF IOWA CITY 410 E. Washington St. Iowa City, Iowa 52240 DATE: 03~05~98 PRESS RELEASE Contact Person: Bud Stockman Superintendent Streets Phone No: 356-5183 RE: Water Main Installation Weather permitting, on Monday, March 9, 1998 construction will begin in the 2300 - 2600 blocks of S. Riverside Drive. The work involves the following: installation of new water main. The contractor for this project is the City of Iowa City Water Distribution Division staff. The 2300-2600 blocks of South Riverside Drive will be closed to through traffic ONLY on Monday, March 9, 1998 while the crew does construction across the roadway. Local traffic should plan on using an alternate route only on Monday, March 9, 1998. Weather permitting, this project is expected to be completed by April 1, 1998. LISA HANDSAKER CITY OF I0 WA CITY March 5, 1998 PRESS RELEASE Contact Person: Mark McDonald Construction Engineer NNVV, Inc. 351-2166 Re: Highway 6 Closure and Detour Weather permitting, on Tuesday, March 10, 1998, Highway 6 near the WooIf Avenue bridge (which is located adjacent to the VA Hospital) will be closed beginning at 6:30 a.m. in order to safely remove the existing concrete deck and beams from the WooIf Avenue bridge. It is anticipated this highway closure will entail Tuesday, March 10th only; however, the possibility of the highway closure extending into Wednesday, March 1 lth is dependent upon the condition of the bridge. Vehicular traffic will be detoured onto Hawkins Drive / Melrose Avenue / Byington Road (eastbound traffic), South Grand Avenue (westbound traffiC) / Grand Avenue / Riverside Drive (Highway 6). However, motorists are encouraged to consider alternate routes. Also, please remember that construction is occurring on Newton Road east of the bridge site. 410 EAST WASHINGTON STREET · IOWA CITY. IOWA 5;~240-1S26 · {319) 356-5000 · FAX (319) 356-5009 B3/SZ/gB 89:51:31 319--354-4213 -> 31935658B9 lOMB CI'1'¥ CLV..RK P,,~m BB1 Johnson County Joe Bolkcom, Chairperson Charles D. Duffy Jonathan Jordahl Stephen P. Lacina Sally Slutman 1. Call to order 9:00 a.m. BOARD OF SUPERVISORS CORRECTION March 3, 1998 INFORMAL MEETING Agenda 2. Review of the formal minutes of February 26th a) Revision of a portion of 'the minutes of the formal meeting of the Johnson County Board of Supervisors: January 15, 1998 regarding Ordinance 01 - 15-98-Z2. 3. Business from the Board of Supervisors a) Discussion re: letter to General Growth Properties, Inc. regarding provision of child health services. b) Discussion re: broadcasting Board of Supervisors' formal meetings live. c) Discussion re: S.E.A.T.S. d) Reports Other Business from Dr. Craig Mosher, Director of Mental Health/Developmental Disabilities Services for Johnson County re: contract with Goodwill Industries, Inc. for Supported Community Living services. discussion " Business from Brace Ahrens, Senior Farm Manager of Farmers National Company re: 1998 farm plan for County Farm. discussion 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-6086 B3/SZ/98 89:52:88 319-354-4213 -) 3193565889 IOtl~ CITV CI.~I~K Petgc BBZ Agenda 3-3-98 Page 2 Business from the County Recorder a) Discussion re: State of the County address b) Other · 7. Business from the County Auditor a) Discussion re: new voting equipment by Steve Shamo and Bob Bugner from MicroVote. b) Discussion re: resolution adopting the FY '99 county budget. c) Other 8. Discussion from the public 9. Recess B3/B4/9B FIg:B8:49 319-354--42.13 -> 319356.5889 IOl~ CITt~ CLr~!( Page Johnson County BOARD OF SUPERVISORS Joe Bolkcom, Chairperson Charles D. Duffy Jonafium Jordahl Stephen P. Lacina Sall~Stutsman March 5, 1998 ~= c> FORMAL MEETING -'* -- Agenda ! ~ ~ to order 9:00 a.m. 2. Action re: claims o Action re: formal minmes of January 15th revision of the Johnson County Board of Supervisors regarding Ordinance 01-15-98-Z2 and February 26th 4. Action re: payroll authorizations Continuation of February 26, 1998 - 5:30 p.m. - Public Hearing on FY '99 proposed budget. a) Discussion/actionre: resolution adopting the FY '99 county budget. 6. Business from the Assistant Planning and Zoning Administrator a) Discussion/action re: Application S9020 of Darrel Bell, signed by Lawrence Lynch requesting preliminary and final plat approval of Bell Subdivision. b) Other 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-6086 B3/i]4/gB Bg:Bg:15 319'-354-4Z13 -> 31935658B9 II~l~ CITY CI, gRK ?a§c BSZ Agenda 3-5-98 Page 2 7. Business from the County Auditor a) Action re: permits b) Action re: reports c) Other 8. Business from the County Attorney a) Report re: other items .. 9. Business from the Board of Supervisors a) Motion authorizing Chairperson to send a letter to General Growth Properties, Inc. regarding provision of child care services. b) Action re: contract with Goodwill Industries, Inc. for Supported Community Living services and authorize Chairperson to sign. (The rate of $39.93/hr.) ' c) Discussion/action re: appointments to the Johnson County Task Force of the Heritage Area Agency on Aging. d) Discussion/action re: broadcasting Board of Supervisors' formal meetings live. e) Action re: Amendment 1 of the Fringe Area Policy Agreement between Johnson County and Iowa City. (This change deletes the word "Plat" and replaces it with the new words "Concept Plan" in Fringe Area A Paragraph 1, and in Fringe Area C, Paragraph 2, Subparagraph 2. This language change was approved .on November 13, 1997.) f) Discussion/action re: Proclamation designating the month of March, 1998, as Mental Retardation Awareness. g) Other 10. Minutes received B3/B4/g8 Bg:Bg:4G 319-354-4,7.13 -> 3193565889 IDtl9 CITY CLE!IK Page BB..3 Agenda 3-5-98 Page 3 2. 3. 4. 5. 6. Council on Disability Rights and Education for January 6, 1998 Johnson County Board of Health for January 12, 1998 Johnson County Employee Wellness Committee for December 17, 1997 Johnson County Emergency Management for January 28, 1998 Johnson County Historic Preservation Commission for February 5, 1998 Johnson County Conservation Board for January 21, 1998 11. Adjourn to informal meeting a) Discussion re: S.E.A.T.S. b) Inquiries and reports from'the public c) Reports and inquiries from the members of the Board of Supervisors d) Report from the County Attorney Other 12. Adjournment City of Iowa City MEMORANDUM Date: To: From: Re: March 6, 1998 Mayor and City Council Marian K. Karr, City Clerk Council Work Session, February 23, 1998 - 7:15 p.m. in Council Chambers Council Present: Staff Present: Tapes: Lehman, Champion, Kubby, Norton, O'Donnell, Thomberry, Vanderhoef. Atkins, Helling, Karr, Yucuis, Doyle, Davidson, Fowler, Logsden, Neumann, O'Brien, Schoon, Franklin. Reel 98-28, all; Reel 98-29, all. REVIEW AGENDA ITEMS Reel 98-28, Side 1 (Agenda Consent Calendar 5e(5)-814 Rundell Street Subordination Agreement) In response to Thomberry, City Attorney Dilkes explained First National Bank is making a first mortgage and wants the City subordinate the rehab loan. (Agenda Item #22 Council Appointments) After discussion Council directed staff to retain the confidential portion of each application and only send it to Council if the applicant answered "yes". (Agenda Consent Calendar #5g (2)) In response to Champion, City Manager Atkins stated he will prepare a formal response regarding Pat Eckhardt's letter to Council on the handling of a RFP by the Histodc Preservation Commission. (Agenda Consent Calendar #5b(6) - PCRB minutes of February 9) Thomberry noted a correction to the top of page 2, PCRB minutes, the second reference to 97-6 should be changed to 97-7. Vanderhoef asked council members to address a policy regarding contact by a citizen complainant going through the PCRB review process. Kubby stated the council's role should be to just cladfy what the process is. City Attorney Dilkes reminded council members to only discuss agenda items while under the Review Agenda Items section of the work session agenda. (Agenda Consent Calendar 5e(3)-Construction of South Sycamore Regional Greenspace and Drainage Corridor). In response to Norton, City Manager Atkins stated staff will be present at council's formal meeting on Tuesday to present information and answer questions regarding easement costs. Norton inquired about asking property owners for free easement or fee simple in exchange for the benefits they will accrue from the project. Dilkes stated that could be negotiated but if it goes to condemnation, the benefit cannot be considered. Norton noted he will discuss the use of bow and arrows for long term deer management at the public headng. Council Work Session February 23, 1998 Page 2 Kubby/(Agenda # 20- AGREEMENT WITH THE FIRST NATIONAL BANK OF CHICAGO FOR A PURCHASING CARD SYSTEM.) In response to Kubby, the City Manager explained one local bank proposed credit cards and another officially stated no interest. 8. Norton/ (Agenda #19- FEE FOR TEMPORARY USE PERMITS.) In response to Norton, Atkins stated he will find out more information regarding permit fees. o Kubby/ (Agenda # 18- RESOLUTION RECLASSIFYING POSITIONS IN THE WASTEWATER DIVISION AND THE LANDFILL DIVISION OF THE PUBLIC WORKS DEPARTMENT) IN response to Kubby, Assistant City Manager Helling explained the resolution has been amended and council will only act of the Wastewater Maintenance Worker reclassification. 10. In response to Norton, City Manager Atkins stated there was a bid alternative in the Napoleon Park Paving that allowed for both asphalt and concrete. SEATS Reel 98-28, Side 1 City Manager Atkins and Transit Manager Logsden presented a SEATS update. Council Members agreed to replace Keith Ruff with Leann Mayhew to the possible paratransit committee members list as outlined in Logsden February 20, 1998, memo and directed staff to proceed with convening the Paratransit Advisory Committee. Council agreed to not wait any longer than March 15 for a response from the County for additional information. Lehman suggested that staff prepare a SEATS update and a list of common SEATS answers and questions to address the concerns of SEATS dders. Staff Action: Staff will proceed as directed. (Atkins) LANDFILL GRANT PROGRAM Reel 98-28, Side 2 JCCOG Solid Waste Coordinator Neumann presented bdef overview of the Landfill Grant Program applications. A council majodty directed Neumann to proceed with recommendations as outlined in his February 20, 1998 memo re: FY98 Iowa City Landfill Grant Program Recommendations. Staff Action: Proceed as directed and report back in three months. (Neumann) REVIEW ZONING ITEMS Reel 98-28, Side 2 Planning and Community Development Director Franklin presented the following Planning and Zoning items for discussion: SETTING A PUBLIC HEARING FOR MARCH 10 ON AN ORDINANCE AMENDING TITLE 14, CHAPTER 6, "ZONING," ARTICLE E, "COMMERCIAL AND BUSINESS ZONES," SECTION 2, NEIGHBORHOOD COMMERCIAL ZONE (CN-I) REGARDING SIZE RESTRICTIONS ON RESTAURANTS. Council Work Session February 23, 1998 Page 3 ao° Go Do Eo Ko SETTING A PUBLIC HEARING FOR MARCH 10 ON AN ORDINANCE AMENDING THE APPROVED PRELIMINARY SENSITIVE AREAS DEVELOPMENT PLAN FOR LOT 51 OF WALDEN HILLS, CONTAINING 2.9 ACRES AND LOCATED WITHIN THE OSA-8, SENSITIVE AREAS OVERLAY ZONE AT THE NORTHEAST CORNER OF SHANNON DRIVE AND IRVING AVENUE. (REZ97-0018) Franklin stated she will show pictures of the proposed development at the formal meeting of March 10. VACATING A PORTION OF FORMER BENTON STREET BETWEEN RIVERSIDE DRIVE AND THE IOWA RIVER WHICH IS ADJACENT TO LINDER TIRE SERVICE. (SECOND CONSIDERATION} Franklin requested that council expedite consideration of this item. APPROVING REVISIONS TO THE AUGUST 6, 1996, FRINGE 'AREA AGREEMENT WITH JOHNSON COUNTY, WHICH IS PART OF THE IOWA CITY COMPREHENSIVE PLAN. VACATING .50 ACRES Of WATERFRONT DRIVE, LOCATED SOUTH OF HIGHWAY 6 AND EAST OF GILBERT STREET. (VAC97-0003) (SECOND CONSIDERATION} Franklin requested that Council expedite consideration of this item. APPROVING A PRELIMINARY AND FINAL PLAT OF DISPOSITION PARCELS OF A PORTION OF WATERFRONT DRIVE, A 0.5 ACRE, 4-LOT SUBDIVISION LOCATED SOUTH OF HIGHWAY 6 AND EAST OF GILBERT STREET. (SUB97-0033} Franklin stated items E and F should be acted on prior to consideration of item #10 on the agenda. AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE L, ENTITLED "PROVISIONAL USES AND SPECIAL EXCEPTIONS," TO PROVIDE FOR TEMPORARY USE PERMITS TO ALLOW SHORT-TERM ACTIVITIES, SUCH AS SPECIAL EVENTS OR SEASONAL OUTDOOR STORAGE AND SALES. (PASS AND ADOPT) AMENDING THE BUILDING CODE AND TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE B, ENTITLED "ZONING DEFINITIONS," TO CHANGE THE DEFINITION OF GRADE. (PASS AND ADOPT) APPROVING A PRELIMINARY AND FINAL PLAT OF WESTPORT PLAZA, PART TWO, A 14.41 ACRE, ONE-LOT COMMERCIAL SUBDIVISION WITH ONE OUTLOT LOCATED ON THE SOUTHEAST SIDE OF HIGHWAY 1 WEST, NORTH OF SUNSET STREET. (SUB97-0034) SEVER (DE-ANNEX) 78 ACRES OF PROPERTY LOCATED SOUTH OF HIGHWAY 6 IN THE NORTHWEST CORNER OF THE CORPORATE LIMITS. (ANNg8-0001) APPROVING A PRELIMINARY PLAT FOR BOYD'S FASHIONABLE ACRES, AN 11.34 ACRE, 16-LOT RESIDENTIAL SUBDIVISION LOCATED AT 2511 ROCHESTER AVENUE. (SUB97-0027) Council Work Session February 23, 1998 Page 4 LIBRARY/CULTURAL CENTER BUILDING COMMITTEE PRESENTATION/REFERENDUM Reel 98-28, Side 2 Planning and Community Development Director Franklin, Jessie Singerman ( ICPL Board of Trustees) and Tom Gelman (CenterSpace) made presentations. A council majodty agreed with the Library/Cultural Center Building concept as presented. Staff Action: Resolution calling a special election to be prepared. (Franklin) DOWNTOWN FINANCIAL PLAN (Agenda Items #16 and #17) Reel 98-29, Side 1 City Manager Atkins summarized Downtown Projects Financial Proposal as outlined in his February 20, 1998 memo. Atkins asked council to defer Agenda Items regarding the Downtown Streetscape & Iowa Avenue Plans to allow for comprehensive discussion of downtown projects. A council majodty directed the City Manager to be prepared to facilitate discussion regarding Downtown Projects upon completion of their goal setting discussion on Thursday. APPOINTMENTS Reel 98-29, Side 2 Airport Commission: Tom Bender Broadband Telecommunications Commission: Steve Hoch Civil Service Commission: Lon Moeller (2001) Michael Kennedy (2000) Lyra Dickenson (2002) Design Review Committee: Discuss during Formal Meeting. Staff to research re-advertise or contacting current member who is an architect. Histodc Preservation Commission: Trudy Day (At large) Re-advertise Summit Street Rep. Housing and Community Development Commission/HCDC: Daniel Coleman COUNCIL AGENDA/TIME Reel 98-29, Side 2 (Consent Calendar #5e(5) - 814 Rundell Street Subordinations Agreement) O'Donnell inquired about the Rundell Street house, and stated he felt all his questions had been addressed. 2. (Consent Calendar #5g(2) - Patdcia Eckhardt's letter Historic Preservation Bid) O'Donnell stated he also had questions. Staff will follow up. 3. O'Donnell stated council should take action on the neighborhood commercial. Lehman noted Council would be setting public headng Tuesdays formal meeting. Council Work Session February 23, 1998 Page 5 Norton stated he has received an invitation from June Braverman, asking council to participate in an all community Broadway Review on June 13 to benefit the Ronald McDonald House. Council agreed to participate. 5. Norton reminded everyone about the Bowl For Kid's Sake event on Saturday, 2:30 PM, at Colonial Lanes. Kubby announced that the Housing Authority has tentatively scheduled a tenants meeting on March 21, 10:00 at the Civic Center and would like council participation. Council agreed to discuss attendance closer to the meeting date. 7. Kubby requested the PCRB review the bureaucratic structure of their reports to allow for easier, more accessible reading/understanding by the public. A council majodty agreed. 8. In response to Kubby, Atkins stated council will receive a Landfill update in approximately a month. 9. In response to Vanderhoef, Atkins stated the city is waiting for a response from mall owners about the Transit Interchange. Mayor Lehman agreed to call them. 10. In response to Vanderhoef, Atkins stated he has requested a sidewalk inventory report from staff. 11. Champion raised concerns that downtown merchants were not cleaning the sidewalk and dumpster areas. Lehman suggested contacting the Downtown Association. 12. Lehman noted Council received Atkins' February 13, 1997 memo on City Plaza use. A council majodty agreed with the policy as outlined. 13. Lehman reminded Council of Employee Appreciation Day to be held Tuesday, 9:00 at the Recreation Center. 14. Lehman stated that the Council's Airport Subcommittee (Lehman/Norton) will be meeting with the Airport Commission on Wednesday, February 25, 5:30 p.m., to receive an update about a-proposed jet service. 15. Kubby asked council to discuss organizational issues at their Goal Setting Session on Thursday. 16. City Manager Atkins stated maps of the Dane Road and next year's CIP are in the Conference Room for review. Adjourned: 10:30 p.m. cle rldmin/O223-ws. d oc City of Iowa City MEMORANDUM Date: To; From: Re: February 26, 1998 Mayor and City Council Marian K. Karr, City Clerk City Council Goal Setting Session, February 26, 1998 -- 9:00 AM Council Present: Staff Present: Goal Setting Facilitator: Downtown Project Facilitator: Tapes: Lehman, Champion, Kubby, Norton, O'Donnell, Thornberry, Vanderhoef Atkins, Helling, Karr, Franklin. Additional staff for Downtown Discussion: Craig, Yucuis, Schoon, Miklo, Davidson Kadn Franklin Steve Atkins Reel 98-33, all; Reel 98, 35, all; Reel 98-36, all; 98-37, all CITY COUNCIl GOAl SFTTING DISCUSSION Planning and Community Development Director Franklin discussion. City Council listed the following areas of concern: Flip Chart: 1. Continue image of government as user friendly 2. Long term land use 3. Financial health of City 4. Supply and cost of housing 5. Downtown Revitalization 6. Appearance of community 7. Interjurisdictional cooperation 8. Economic development 9. Transportation systems 10. Citizen participation 11. Public safety 12. Council group dynamics 13. Council-staff relationships 14. Parks & Recreational Opportunities 15. Airport 16. Resolving various City service issues 17. Franchise issues facilitated Reel 98-33, Side 1 Council's goal setting City Council Goal Setting Session February 26, 1998 Page 2 Council members each designated the five most important projects that they want to accomplish in the next 2 -4 year time pedod. Franklin the listed projects by category as follows: Flip Chart: 1. Image of Government: "Customer" service Zoning/Bldg. Rules & Regs Explain No - staff training; publications; encourage re-evaluation of rules if no doesn't seem reasonable Encourage dev. community to work with Neighborhood 2. Land Use Complete Northeast Plan Plan for Southeast and South Steps to visible edge Review Subdivisions regs- Efficient services Housing Corem Address regional storm water management Include dev. community and others in process (See #3, #10, #14 after #17) Housing Establish housing fund Additional affordable housing* Scattered throughout city Mixed neighborhoods Maintain integrity of existing neighborhoods* *Address conflicts which may occur with these two goals o Downtown Revitalization Library/CenterSpace Parking/Transportation Streetscape Public Safety Community Appearance Trash & general clean up Entire city Creating attractive entrances Protection of river corridor Easements acq. along dyer Erosion control Implement public art Attractiveness of arterials Long-term plantings City Council Goal Setting Session February 26, 1998 Page 3 Cooperation Foster positive relationships with neighboring cities, the County, the University, and ICCSD Establish communication system between the council (or reps -mayor) with the University president & VPs Economic Dev. Recruit industry Tax base Jobs (private) Incentives that do not affect long term finance viability of City Implement economic dev. policy Support workforce dev. activities Transportation Court Street Benton Street (First Avenue) Major E/VV artedal Hwy 6 or further south Invest non motorized trans system (See #3, #10, #14 after #17) 11. Public safety Change public perception of PD Accreditation Auxiliary PCRB Training Council issues 13. Council- Staff Timing of info to Council from receipt of packet to mtg. too quick (See #3, #10, #14 after #17) 15. Airport Physical appearances Community perception Make Airport more interesting to visitors, physically and operationally Development of airport property North and south Encourage private investment in Airport 16. Issues Recycling of cardboard from businesses City Council Goal Setting Session February 26, 1998 Page 4 17. Franchise Issue & Utilities ROW-utility usage & payment for Consider company providers Monitor & take an active role in legislation - both federal and state 10. Citizen Participation Representative democracy & participation democracy Citizen involvement in design of budget Process for citizen involvement in: Capital projects Council decision making o Franchise Health Source of additional revenue Look at belt tightening State law & tax structure 14. Parks and Recreation Opportunities No projects listed DOWNTOWN Reel 98-35, Side 2 City Manager Atkins presented a project summaries and financing options for the proposed Downtown Streetscape, Iowa Avenue Streetscape, Iowa Avenue Parking Garage and Library/CenterSpace/Parking Multi-Use Facility. The following flip charts were used. Flip Chart: Vision Downtown is the heart of the Iowa City community. It distinguished by its unique and lively mix of commerce, government, and recreation for residents and visitors is, and should continue to be, culture, education, entertainment, Goals; Provide a cdtical mass of destination points and varied year-round activities that will draw people to the downtown. Create a positive climate that focuses on the retention and recruitment of businesses. Maintain a clean and attractive physical environment in the downtown. Provide a safe and inviting downtown for residents and visitors. Ensure that downtown is accessible by all modes of transportation. Council members listed Downtown Streetscape, Iowa Avenue Parking Garage, Iowa Avenue Streetscape, and Multi-Use Facility issues as follows: City Council Goal Setting Session February 26, 1998 Page 5 Downtown Streetscape Flip chart: Downtown Streetscape Phase 3.5 million Flip Chart: Downtown Streetscape Phasing - by item or by area Lighting What constitutes a phase Timber or limestone Cost of alternative Brickwork around planters more desirable Safety Costs Water feature cost & design, safety, flexibility Use of existing water feature (Cost of relocating/upgrade) Interactive water feature Total cost of timing of expenditures 1 1,850,000 2 1,100,000 3 600,000 Conclusions: Phasing - split Item v. area Planters - blend of materials to address costs Water feature - less cost Flexibility Safety Iowa Avenue Parking Garage Flip chart: Iowa Avenue Parking Garage $480,000 + acquisition Construction must occur before Iowa Avenue Streetscape Notify contracted tenants Obligation for relocation for owners/tenants/occupants Historic significance of Harmon Bldg. Public participation Design of building - not another "lousy stinking ramp" Brick Interface with Senior Center and/or Ecumenical Towers Possible physical connection No reservation of space for specific business Potential private development Height compatibility with neighboring buildings University contribution w/o management entangles Creation of additional parking elsewhere for interim of construction -Clinton Possibly 6th Floor Conclusions/Summary: Contingent issues, not design most cdtical timing w/streetscape important as it affects pkg. City Council Goal Setting Session February 26, 1998 Page 6 Iowa'Avenue Streetscape Flip chart: Iowa Avenue Streetscape 100 Block 200-300 Block A $1,200,000 $2,400,000 B 875,000 1,750,000 C 600,000 1,200,000 Transformer relocation costs (?) Washington St. pavers as part of activity center - adds to flexible use of space Pavers - cost University contribution Timing and how much is done If pavers in intersection only, color concrete Loading zone Width of sidewalk in first block Loss of parking in first block Conclusions: Need pkg. structure on the way & University Contribution Multi Use Facility Flip chart: Multi Use Facility Library $8,306,000 CenterSpace 7,135,000 Parking 2,666,000 Other 4,325,000 Parking on top of project Don't skimp on foundations Traffic circulation/access Cost through additional revenue Pkg. outside ramp Aggressive posture re private development City Manager Atkins summarized financial options as outlined in his February 20, 1998 memo re: Downtown Projects-Financial Proposal, pgs. 3, 4, 5, 6. Council directed staff to not use the General Fund to finance the Downtown Projects; target $2.7 million for the Downtown Streetscape; and use a blend of matedal for the downtown planters. Franklin noted that staff is proceeding with the Downtown Streetscape Plan in terms of surveying the downtown. Atkins stated he will prepare a summary memo regarding Council's Downtown Project discussion. CALFNDAR Reel 98-37, Side 1 Council agreed to schedule a meeting March 25, 2:00 to 4:00 PM, to discuss sales tax and financing issues. Meeting adjourned: 3:10 p.m. clerk~nin~jss226.doc 0~/89/98 OB:~9:SB ~19--~.~-4Z1~ -~ 9199565~H9 IO~ C]?Y ~L~H Pag~ 0~1 Johnson County Joe Bolkcom, Chairperson Charles D. Duffy Jonafitan Jordahl Stephen P. Lacina Sally Stutsman BOARD OF SUPERVISORS March 10, 1998 INFORMAL MEETING 1. Call to order 9:00 a.m. Agenda 2. Review of the formal minutes of March 5th Business from Graham .Dameron,. Director of Department of Public Health re: designation of agency responsible for the FY '99 Home Care Aide/Chore, Public Health Nurse and Senior Health Program/single contract grant. discussion 4. Business from the Assistant Planning and Zoning Administrator a) Discussion re: Sensitive Areas Ordinance/Conservation Subdivision Design Ordinance Advisory Committee. b) Discussion re: Fiscal Impact Development Study. c) Other Business from Mary Rump, Transportation Planner for East Central Iowa Council of Governments re: Regional Transportation. discussion Business from the Nancy Ostrognai from Johnson County Coalition for People with Disabilities re: Advisory Committee to S.E.A.T.S. discussion 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-6086 83/09/98 08:44:Z? 319-354-4Z13 -> 31935658H9 lO~ CITY CLERK Agenda 3-10-98 Page 2 7. Business from the County Auditor a) Discussion re: resolution transferring from the General Basic Fund to the Capital Expenditure Fund. b) Other 8. Business from the Board of Supervisors a) Discussion re: letter of support for East Central Iowa Council of Governments' grant application regarding FY '99 County Waste Tire Program. b) Discussion re: letter of support to Iowa Department of Economic Development for federal housing rehabilitation funds. (This is in support of East Central Iowa Council of Governments' grant application on behalf of North Liberty for funds to rehabilitate twelve homes.) c) Discussion re: 28E Agreement between JTPA and the East Central Iowa Employment and Training Consortium of Benton, Cedar, Iowa, Johnson, Jones, Linn, and Washington Counties. d) Discussion re: agenda items for elected officials and department heads meeting on March 3 l~t. (Joe) e) Discussion re: S.E.A.T.S. f) Reports g) Other 10. Discussion from the public Recess FROM THE AMERICA'S CITIES BY DESIGN cable channel + (Government Information channel) _ver l Moncla l - March 16: thro% h April 15, l??t at 6::50 p.m. At the request of those who a~ended the FebmarS 17, 1998 public showing of "lSack from the brink: Saving America's Cities bsI Desisn," the ~owa citst Department of Planning and Communit~l De development has scheduled showings og this video on cable channel + (the Government Infomarion channel). Communit9 members who ateencled the public showing felt the tools discussed in the video were appropriate tools for Iowa cit~, to consider when focusing on such issues as the vibrancst of downtown and the challenges of ~owt:h in the area. "Back f~om the Bdnk: Saving America's Cities b~ Design~ highlights the stor~ of three American cities that have revitalized themselves b.9 using architecture and planning as tools for restoring a sense of coremunit9, improving livabilit~j, and enhancing economic viability. ~15ack from the Brink' focuses on elements common to these three cities (chattanooga, Tennessee; Portland, Oregon; and Suisun cit~, california): Active public involvement in desi~ and planning; A~ressive and innovative public-private redevelopment strategies; Strong public sectors willing to provide the civic infrastructure necessar~ to ensure livability; and The creation of vibrant urban environments strong at their hearl~ and reconnected to their histories and cultural identities. We hope ~ou have the opportunit~l to watch the video and let others know about it. we would appreciate hearing how ~jou think our communiLq m%q successfull~j appl~j the tools these three communities used. Please share Spur ideas with the cited Council, an~ of the staff at the Iowa Cit~l Department of Planning and Communit~t Development, or call Karin Franklin, Director of Planning (~5~-3Z)2-) or David schoon, r_conomic Development Coordinator In L96.9, Chateanoo~a was namecl the countrg's most poilufeet citg. ISe~jnnin$ in 19~+, a ~mmunitg-wi~e pros ~11~ '~sion ZOOO' involv~ thousand~ ~ ~ple in a pros ~ ~n~civic ~als. N~ public and p~va~ ins~m~ons evolve, inclu~in~ the Tenn~e A~uadum an~ the r~red Walnut S~t bd~e which reuni~ ~own~wn w~h the c~'s no~ shore an~ spurs small business aevelopment on both slats of the Tennessee.~R:~ :1 expects over one million residents in the next few c[ecacles. Its suc~s~l d~n~n re~li: ,:~; ~ ::~ ..'~ been in place for z0 9~ and incluae a "peak'an fi~t' philo~phg, mix~-use aevel spa~, an~ ~i~ s~n~ar~s for buil~in~ an~ stree~p~. Sp~wl, ~alock, aria i ?::Lc::;~ : ..... : :~,:: ~', , Portland's unique regional ~overnment, mass transit pro,ram, a~ ~.~:~. ~te~ beaten San r~ncis~ and Sac~men~, Suisun Cit~ was vote~ the ba his~dc ~own~wn was ~inD i~ waee~ass were clo~, an~ a near~5 ecodev/cdr/bnnk-tv. cdr Ow) the la~e I?~o's, the cit.9 launch~ a major effort to reinvent itself. A new ci~ hall was :/ - commitment to clan up, an afi~r~sive Ions-term r~¢velopment str~te~t c!~recl the wa.9 ~(or small busin~_~ archiretire/urban rlesi~ ~rm was hirect to recle.~i~p public spac~. This olcl$old rush commun~ is now vibmntS,,.:~