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Home My WebLink About2005-05-05 Info Packet~ CiTY COUNCIL INFORMATION PACKET ~ May 5, 2005 (~ITY OF IOWA (~ITY www.icgov.org I. MISCELLANEOUS ITEMS IP1 Tentative Future Council Meetings and Work Session Agendas IP2 Memorandum from the City Manager: Deer Management Task Force IP3 Memorandum from the Assistant City Manager: Cable TV Enabling Ordinance and Franchise Extension Agreement IP4 Letter from Carol W. deProsse to the Assistant City Attorney: Traffic Stop IP5 Memorandum from JCCOG Solid Waste Management Planner: Survey of curbside recycling customers IP6 ECICOG Meeting Thursday, April 28, 2005 [From Mayor Pro tern Wilburn] IP7 Invitation to Planting the Seeds June 1 and 2, 2005 [From Mayor Pro tern Wilburn] IP8 Agenda Packet for: April 21 PATV Board of Directors Meeting IP9 E-mail from Helen Burford: National Historic Preservation Month IP10 Building Permit Information April 2005 IPll Invitation to an Open House at the New Peninsula Neighborhood May 19, 2005 PRELIMINARY DRAFT/MINUTES I IP12 Telecommunications Commission: April 25, 2005 IP13 Housing and Community Development Commission: April 21, 2005 IP14 Planning and Zoning Commission: April 21, 2005 ~ City Council Meeting Schedule and ~ Work Session Agendas May~,200~ CITY OF IOWA CITY www.icgov.org · FRIDAY, MAY 6 Emma J. Harvat Hall 8:30a Special Formal Separate Agenda Posted Evaluations I TENTATIVE FUTURE MEETINGS AND AGENDAS I · MONDAY, MAY 16 Emma J. Harvat Hall 6:30p Council Work Session · TUESDAY, MAY 17 Emma J. Harvat Hall 7:00p Regular Formal Council Meeting · MONDAY, JUNE 6 Emma J. Harvat Hall 6:30p Council Work Session · TUESDAY, JUNE 7 Emma J. Harvat Hall 7:00p Regular Formal Council Meeting · MONDAY, JUNE 20 Emma J. Harvat Hall 6:30p Council Work Session · TUESDAY, JUNE 21 Emma J. Harvat Hall 7:00p Regular Formal Council Meeting · MONDAY, JULY 4 Emma J. Harvat Hall Independence Day - City Offices Closed · TUESDAY, JULY 5 Emma J. Harvat Hall TBD Special Council Work Session Regular Formal Council Meeting · MONDAY, JULY 18 Emma J. Harvat Hall 6:30p Special Council Work Session · TUESDAY, JULY 19 Emma J. HarvatHall 7:00P Regular Formal Council Meeting · MONDAY, AUGUST 1 Emma J. Harvat Hall 6:30p Council Work Session · TUESDAY, AUGUST 2 Emma J. Harvat Hall 7:00p Regular Formal Council Meeting RANDUM Date: May 3, 2005 To: File From: City Manager Re: Deer Management Task Force At the City Council work session of Monday, May 2, by informal poll, the City Council has rejected the use of bow hunting for the City's purpose of deer management policy. In accordance with that policy expression, reports and other administrative requirements to be directed to the DNR will show the Council's intent to continue the process of sharpshooters for deer herd reduction. An expressed intent was to review costs associated with sharpshooting and research whether there are other qualified individuals who might also perform a deer management/sharpshooting service for the City. cc: City Council Deer Task Force Kathi Johansen Mgr/memos/deermgmt.doc Date: May 4, 2005 ~ ~~... To: City Council ~ /~_ · From: Dale Helling, Assistant City Manager k..~,,~,.~,,,?.~ / ~,,,,~.~ Re.' Cable TV Enabling Ordinance and Franchise Extension Agreement Your regular meeting agenda for May 17, 2005, will include a public hearing and first consideration of an amended Cable TV ordinance which should be considered in conjunction with the extension of the Cable franchise agreement with Mediacom. A public hearing on the ordinance and the proposed franchise extension was held by the Iowa City Telecommunications Commission (ICTC) on April 18, 2005. A copy of the minutes of that public hearing is attached. Based on the limited input received at the public hearing, the ICTC elected not to pursue any further changes to these documents. Also attached is a copy of my memo to you on April 5, 2005, which summarizes the substantive changes in the franchise extension agreement. Copies of the proposed ordinance and franchise agreement are attached. I am sending them to you now so that you may have more time to review them before the public hearing. If you close the public hearing and pass the first consideration of the ordinance on May 17, and if you are inclined to collapse the second and third readings, we can place the resolution to approve the franchise agreement on your June 7 agenda as well. You can direct staff accordingly at your May 17 meeting. Please contact me or Drew Shaffer if you have any questions. cc. Stephen J. Atkins, City Manager Iowa City Telecommunications Commission Drew Shaffer, Cable TV Administrator Sue Dulek, Assistant City Attorney MINUTES FINAL IOWA CITY TELECOMMUNICATIONS COMMISSION PUBLIC HEARING MONDAY, APRIL 18, 2005 - 5:30 P.M. IOWA CITY PUBLIC LIBRARY MEETING ROOM A MEMBERS PRESENT: Gary Hagen, Saul Mekies, Brett Castillo, Kimberly Thrower, Terry Smith MEMBERS ABSENT: STAFF PRESENT: Drew Shaffer, Mike Brau, Sue Dulek, Dale Helling SUMMARY OF DISCUSSION City consultant Don Williams gave a short overview of the franchise agreement. Williams said he believes the franchise agreement is a good agreement for the City. The franchise agreement maintains funding for public access, adds local origination points, contains liquidated damages for noncompliance, improves the terms for rate rebates for outages, establishes triggers for implementing new technologies, and increases the number of public service announcements that can be put on the cable system. Three people spoke. One recounted problems encountered with Mediacom regarding a billing problem and the poor communications and unfulfilled promises from Mediacom. Kara Lagsden commented that Mediacom was extremely helpful and accommodating during the remodeling of the library, and one person inquired into the impact the franchise would have on public access. PUBLIC COMMENTS Gayland Burkhardt Mr. Burkhardt said the City should not extend the franchise agreement with Mediacom. M~diacom is poorly managed and incompetent. Mr. Burkhardt recounted his problems in getting service when he moved to Iowa City. The wires to his apartment were defective and arrangements were made for his deposit to be returned. It took 7 phone calls and three weeks before his deposit was returned. He was told to contact a specific Mediacom representative when he was to have service installed at a new location. That representative did not respond to four calls. Mr. Burkhardt was promised a rate of $60 · per month for six months. Mr. Burkhardt's bill did not reflect what was agreed upon and he had numerous problems getting it straightened out. Mr. Burkhardt said that Mediacom is terribly mismanaged and nothing will get better by giving them an extension of the franchise. Mediacom is currently working to pass a bill in the state legislature that will curtail a city's ability to establish a municipal utility. Matt Otte Mr. Otte inquired how the franchise agreement would impact Public Access Television (PATV). Don Williams said that the level of funding Mediacom provides PATV for operational expenses will be continued. Kara Logsden Ms. Logsden said that Mediacom was extremely helpful and accommodating during the building of the new library. ADJOURNMENT Mekies moved and Thrower seconded a motion to adjourn. The motion passed unanimously. Adjournment was at 6:03 p.m. Respectfully submitted, Drew Shaffer Cable TV Administrator Date: April 5, 2005 To: Mayor and City Council From: Dale Helling, Assistant City Manager Re: Cable TV Franchise Extension Agreement and Amended Enabling Ordinance Negotiations with Mediacom have been completed, and the Iowa City Telecommunications Commission will hold a public hearing on April 18, 2005, at 5:30 p.m. in Meeting Room A at the Iowa City Public Library. The public hearing will afford citizens an opportunity to comment on the proposed Franchise Extension Agreement and amended Enabling Ordinance. These documents reflect an extension of the current franchise agreement; thus, revisions to the franchise agreement and to the ordinance are limited. The franchise is non-exclusive, as required by federal law, and extends the existing agreement by 13 years. The proposed Franchise Agreement and amended Ordinance are available online through the Cable TV Division's website at http://www, citychannel4, com, as well as in the City Clerk's Office. Substantive changes to the Franchise Agreement include the following: 1. The pass-through amount on subscriber bills for funding local access will increase from $.50 per month to $.55 per month on execution of the agreement, and will further increase to $.60 per month in the sixth year. This amount has been $.50 per month since 1996. The 5% franchise fee and formula for local access funding from Mediacom will remain unchanged. 2. Mediacom agrees to extend their music contract coverage to all local access channels. This will enable all channels to make use of commercial music from ASCAP/BMI/SESAC for production and performance purposes in any program they produce. This should enhance the professionalism of some local programming. 3. Mediacom will provide an upgraded Emergency Alert System that the City may choose to control and operate if it so desires. 4. Mediacom will share in the cost of establishing video origination locations at the intersections of Dubuque and Washington Streets, Dubuque Street and Iowa Avenue, and Iowa Avenue and Clinton Street. This will enable the Cable TV Division to do live cable casting of many of the popular events that occur in these areas. 5. Mediacom will provide the local access channels with up to 100 Public Service Announcements to be played back on the cable system each month. Such playbacks may appear on any channel, including WGN, ESPN, TBS, and others. 6. Mediacom will rebate 1/30th of a subscriber's monthly bill for outages of 4 (previously 18) hours or more. For service interruptions that exceed 14 days, the customer can receive a full one month's credit. May 4, 2005 Page 2 7. Mediacom will make efforts to better inform subscribers about their "snowbird" policy, which enables senior citizens who go south for extended periods during the winter to pay a nominal fee and retain their services. 8. Mediacom will supply a free cable modem and corresponding services to all public schools in Iowa City. This includes internet access. 9. Mediacom agrees to include a state-of-the-art clause that will ensure that the Iowa City cable TV system will be up to date with the most current industry practices. Numerous non-substantive language changes are also included for both the franchise agreement and the enabling ordinance to bring these documents up to date. But for the most part, the franchise agreement is an extension of the existing agreement. The 13 year period represents a negotiated 12 year extension with a consideration for its execution nearly a year in advance of the expiration of the current franchise. At its regular meeting on April 25, the Commission will discuss the input received at the public hearing. At that time, if there are no further issues the Commission wishes to address, it will make a formal recommendation to the City Council. Please feel free to contact me or Drew Shaffer directly if you have any questions or if you would like further clarification. cc. Iowa City Telecommunications Commission Drew Shaffer, Cable TV Administrator Rice-Williams, Associates mgdasst/mem/cabletv-agt.doc 2005 FRANCHISE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MCC IOWA LLC (MEDIACOM) Page 1 of 47 TABLE OF CONTENTS I. N©NE×CLU$IVE F?,_~qCHISE ............................................................. 1 II. GRP~NTED T© MCC I©WA LLC ............................................................ 1 III. RIGHT OF CITY TO ISSUE FRANCHISE ................................................ 2 IV. TERM ............................................................................................. 2 V. FRANCHISE NONEXCLUSIVE .............................................................. 2 VI. DEFINITIONS .................................................................................. 2 VII. SERVICE AREA ................................................................................................... 2 VIII. SYSTEM AND CAPACITY ............................................................................................ 3 IX. CONSTRUCTION .............................................................................. 7 X. SYSTEM SERVICES ............................................................................................. 7 XI. ACCESS CHANNELS, EQUIPMENT, FACILITIES, AND SERVICES ............................................................................................ 8 XII. INTERCONNECTION ....................................................................... 11 XIII. SUBSCRIBER INFORMATION AND POLICY ........................................ 12 XIV. NON-DISCRIMINATION .................................................................. 14 XV. RATES ................................................................................................. 14 XVI. Fp~oGqCHISE RENEWAL ................................................................... 14 XVII. POLICE POWERS ........................................................................... 14 XVIII. FPJtNCHISE FEE AND PERFORMANCE BOND .................................. 14 XIX. REGULATION ................................................................................ 15 XX. REMEDIES ..................................................................................... 15 XXI. COOPERATION ..................................................................................... 16 Page2of47 XXII. WAIVER .............................................................................................. 16 XXIII. CUMULATIVE PROVISION ........................................................................................... 17 XXIV. NO LIABILITY .......................................................................................... 17 APPENDICES A. General System Design Specifications B. Drop Technical parameters C. Delivery system equipment list D. Test equipment available to Iowa City within 24 hours E. Preventative maintenance program F. Franchisee's construction manual G. Cutover process H. Programming categories I. Free drop locations J. Access channel placement K. Access publicity L. Business and repair hours Page 3 of 47 BROADBAND TELECOMMUNICATIONS FRANCHISE AGREEMENT I. NONEXCLUSIVE FRANCHISE A. This section grants a thirteen-year nonexclusive Franchise to operate a cable television system to MCC Iowa LLC (hereinafter referred to as Franchisee). The Franchise granted shall, as set forth below, be subject to the provisions of the Broadband Telecommunications Enabling Ordinance and this Franchise Agreement. B. Subject to Section 626 of the Cable Television Consumer Protection and Competition Act of 1992 and the Telecommunications Act of 1996, the City Council reserves the right to refuse to select a Franchise holder if such refusal is subsequently deemed to be in the public interest. C. If the terms and conditions specified in this Franchise conflict or modify the Ordinance, the provisions of the Ordinance shall apply. II. GRANTED TO MCC Iowa LLC A. Purpose. Th~ purpose of this section is to award a Franchise, for a cable television system to MCC Iowa LLC. Franchisee will endeavor to provide top quality cable service. B. Enactment. Franchisee is hereby granted a nonexclusive Franchise to operate a cable television system within the City in accordance with the Ordinance of this title, which establishes standards, regulations and procedures for the granting of a cable television Franchise, this Franchise and the rules and regulations adopted by the Iowa City Telecommunications Commission, all Ordinances of the City and all applicable rules and regulations of the Federal Communications Commission and the State. C. Effective Date. This Franchise shall not become finally effective until the Franchisee files an acceptance in writing with the City of Iowa City. The Franchisee shall have up to sixty (60) days from the date the franchise is signed by Page 4 of 47 the Mayor to provide such written acceptance. Immediately upon the taking effect of this Franchise Agreement, the prior franchise granted to MCC Iowa LLC shall be superseded and of no further force and effect; provided, however, vested rights relating to billings and the City's rights to accrued franchise fees shall not be affected thereby. D. Use of Public Ways. For the purpose of operating and maintaining a cable television system in the City, Franchisee may erect, in, over, under, or upon, across, and along the public streets, alleys, and ways within the City such wires, cables, fiber optics, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments, and other property and equipment as are necessary and appurtenant to the operation of the cable television system in the City and in accordance with this Franchise and the Ordinance. III. RIGHT OF CITY TO ISSUE FRANCHISE. Franchisee acknowledges and accepts the legal right of the City to issue this Franchise. IV. TERM. The term of the Franchise shall be for a period of thirteen (13) years from the effective date, unless sooner terminated as provided in the Ordinance, at which time it shall expire and be of no further force and effect. V. FRANCHISE NONEXCLUSIVE. Consistent with the requirements of the Ordinance, this Franchise shall not be construed as any limitation upon the right of the City to grant to other persons rights, privileges, or authorities similar to the rights, privileges, and authorities herein set forth, in the same or other streets, alleys, or other public ways or public places. The City specifically reserves the fight to grant at any time during the term of this Franchise or renewal thereof, if any, such additional Franchises for a cable communications system as it deems appropriate. In the event the Franchising Authority enters into a franchise with any other person or entity other than the Franchisee to enter into the City's streets and public ways for the purpose of constructing or operating a cable television system to any part of the service area, the material provisions thereof shall be reasonably comparable to those contained herein, taking into account the size and population of the franchised area, including but not limited to, franchise fee, external costs, access fees, if applicable, design, term, density requirements and system capacity requirements. VI. DEFINITIONS. All definitions set forth in the Ordinance pertain to this Franchise and shall be relevant to the purposes and meaning of this Franchise. VII. SERVICE AREA. Page 5 of 47 A. Service to all Residents. Franchisee shall offer cable television residences service to all areas of the City which are in the corporate limits of the City of Iowa City and that meet the density requirements under paragraph B of this section, on the effective date of this Franchise. The Showers Addition and/or Camp Cardinal Road shall be served within six (6) months of when the City extends City services and requests services to the Showers Addition and/or Camp Cardinal Road respectively. B. New Residential Construction. Franchisee shall extend service to all new residences in all unwired developments within six months of a request of a subscriber in an area to be served by underground construction and within three months of a request of a subscriber for areas to be served aerially, whenever density of at least twenty (20) residential dwelling units per cable plant mile; as measured from the existing facilities of Franchisee's cable system in the franchise area. For purposes of this section, density per cable mile shall be computed by dividing the number of residential dwelling units in the area by the length, in miles or fractions thereof, of the total length of aerial or underground cable necessary to make service available to the residential dwelling units in such area in accordance width Franchisee's system design parameters. The cable length shall be measured from the nearest point on the then existing system. The total cable length shall exclude the drop cable necessary to serve individual subscriber premises. C. Contribution-in-aid. If an area does not meet the required number of residential dwelling units per cable mile, Franchisee shall bear its pro-rata share of the current construction costs based upon the actual number of residential dwelling units per mile. For example, if there are 5 residential dwelling units in a residentially zoned area, the Franchisee's share would be 5/20ths or 1/4 of the construction cost. The remaining construction costs shall be borne on a pro-rata basis by each cable television subscriber. After completion of the project, should additional subscribers request and receive cable television service, the pro-rata shares shall be recalculated. Any new subscriber shall pay the new pro-rata share and all prior contributing subscribers shall receive appropriate refunds. In any event, at the end of two (2) years from the completion of residential construction in the area, the subscribers shall no longer be eligible for refunds, and any amounts paid in construction costs will be credited to the plant account of Franchisee. D. Service Area. The service area of Franchisee shall be the entire corporate boundaries of the City of Iowa City and include any areas annexed to the City in the future. E. Commercial Service. Franchisee shall, upon request, make service available to all commercial/industrial establishments served aerially which are located within 125 feet of the system at Franchisee's standard installation rate expense. For commercial/industrial establishments served underground or for aerial extensions beyond 125 feet, Franchisee shall, upon request, make service available on the basis of a capital Page 6 of 47 contribution in aid of construction, including cost of material, labor, and easements. For the purpose of determining the amount of capital contribution in aid of construction to be borne by the Franchisee and the commercial/industrial establishments in the area in which service may be expanded, the Franchisee will contribute an amount equal to the construction and other costs per mile, multiplied by a fraction whose numerator equals the actual number of commercial/industrial establishments per 1320 cable-bearing strand feet of its trunks or distribution cable, and whose denominator equals eight (8) commercial/industrial establishments. Commercial/industrial establishments who request service hereunder will bear the remainder of the construction and other costs on a pro-rata basis. The Franchisee may require that the payment of the capital contribution in aid of construction be borne by such potential commercial/industrial establishments be paid in advance. F. House Moving. Franchisee shall, upon the request of the City, move and replace its facilities to accommodate house moves conducted on behalf of the City, at a time and materials cost to the City. Wherever feasible, the City shall use its best efforts to ensure that house moves follow the same or similar path. VIII. SYSTEM AND CAPACITY. A. System. The parties understand and agree that Franchisee shall construct a cable system which delivers cable television signals processed at 750 MHz utilizing a fiber to the node design or better. The system will be designed so that there are no more than five (5) amplifiers in cascade. Fiber optic receiver nodes located throughout the plant will divide the distribution of cable signals to an average of 500 homes per fiber node or less. Further, Franchisee will provide 5-40 MHz upstream from each fiber node. The system shall be constructed and operated in accordance with the design specifications in Appendix A, attached hereto and incorporated by reference. The system shall be operated in accordance with performance standards which meet or exceed FCC regulations. B. Construction Timetable. If the Franchisee upgrades or rebuilds its system, the Franchisee shall notify the City of the extent and duration of construction. Two months prior to the initiation of construction of any system-wide upgrade or rebuild, Franchisee shall provide a neighborhood construction schedule which details the timeframe for construction in each neighborhood and area of the City. C. Construction Oversight. After any upgrade or rebuild, Franchisee will inspect 100% of all fiber and coaxial cable to insure that it meets the specifications of the Ordinance and this Franchise and Franchisee will inspect and audit 35% of the subscriber drops. The Franchisee shall designate an employee to act as a company representative by responding to public service complaints on a daily basis during any upgrade or rebuild and provide the City with the person's name and telephone number. Page 7 of 47 D. Compliance with Applicable Law. In constructing, operating and maintaining the system, Franchisee shall at all times comply with the Ordinance and all applicable laws and regulations. E. Drops. All drops not meeting the standards of the National Electric Safety Code or the technical parameters in Appendix B, attached hereto and incorporated by reference, shall be replaced when found to be substandard. The system shall be designed to allow each subscriber drop to provide service to four (4) television outlets. F. Equipment Quality. Equipment used for the distribution system, headend and reception facilities shall be of good and durable quality and be serviced and repaired on a regular basis and shall at all times be of equal or better quality than the equipment listed in Appendix C, attached hereto and incorporated by reference. G. Services, Equipment and Facilities. Up to one year after new cable services, equipment, and/or facilities are offered by Mediacom Communications Corporation or its subsidiaries in: the City of Ames, Iowa; municipalities served by the same headend as Iowa City; municipalities served by the headend in Mason City; or municipalities served by the headend in Fairfield, excluding experimental and demonstration projects, Franchisee shall make new services, equipment and/or facilities available to all subscribers requesting such level of service. Such new services, equipment and/or facilities shall comply with the then national standards for digital technology and shall provide state-of-the-art features equal to those being introduced during the same year in other systems owned by Mediacom Communications Corporation or its subsidiaries in: the City of Ames, Iowa; municipalities served by the same headend as Iowa City; municipalities served by the headend in Mason City; or municipalities served by the headend in Fairfield. If the Franchisee believes that any such state-of-the- art features will not generate a reasonable rate of return over the remaining term of the Franchise Agreement; the Franchisee may request the City to relieve the Franchisee of such requirement. The City shall determine, taking cost, rate of return and rates into consideration, whether the Franchisee should be relieved of the requirement or whether the Franchisee can reasonably expect a reasonable return on investment during the remaining term of the Franchise Agreement and should provide such state-of-the-art feature. Franchisee shall be given an opportunity to present information to the City Council prior to a decision being made. Notwithstanding the above, no requirement to provide telephone service shall be required by this Section. All programming services exclusively offering adult rated programming shall provide picture and audio scrambling of services not purchased by a specific subscriber. Franchisee shall maintain its trap system, as needed, for subscribers not utilizing converters. The City Council may, in its discretion, extend the time for the Franchisee, acting in good faith, to provide new services, equipment and/or facilities. The timeframe for providing new services, equipment and/or facilities shall be extended for any period during which the Franchisee demonstrates to the satisfaction of the City that the Franchisee is being subjected to delay due to circumstances reasonably beyond its control, such as acts of God and labor strikes. Page 8 of 47 H. Upstream Capacity for City Use. Franchisee shall reserve and give the City the option to use the up and downstream capacity on the cable system not to exceed one-half (1/2) MHz in either direction, to allow the City to collect data and other signals from subscriber homes or City sites for non-commercial governmental and educational purposes only. Franchisee shall cooperate with the City on pilot projects and Citywide implementation, including but not limited to, City installation and use of equipment which utilizes a larger amount of bandwidth than described above, if necessary, so long as the actual bandwidth utilized by the City is the same or less than that described above. Franchisee shall allow the City to co-locate necessary equipment on the cable system provided said equipment does not interfere with the system's integrity. The Franchisee shall provide such capacity to the City at a rate which, at a maximum, shall be equal to the lowest rate provided to any commercial customer or subsidiary company. Ongoing maintenance charges will be at cost and at the City's option, such cost will be paid by the City or a third party. I. Emergency Alert. Franchisee shall continue to provide an all-channel, local emergency alert system for use by the City if the City has filed all necessary plans required by state and federal emergency management agencies. Emergency messages can be initiated from any touch-tone phone with an access code. The emergency alert service shall be upgraded throughout the Franchise term as set forth in FCC rules, regulations, or guidelines. The Franchisee shall not be held responsible for any failure of the emergency alert system to operate during any emergency. J. Test Equipment. Throughout the term of the Franchise, Franchisee shall have accessible to Iowa City within a 24-hour period, test equipment equal to or better than that specified in Appendix D, attached hereto and incorporated by reference. K. Ongoing Preventive Maintenance. Franchisee will comply with the preventive maintenance program specified in Appendix E, attached hereto and incorporated by reference. L. Interference on Channel 19. Franchisee will not use Channel 19 for video, but for alphanumeric purposes, to avoid interference from radio/pagers. During the term of the Franchise, Franchisee will provide notice to consumers, on how interference problems experienced by customers on specific channels can be alleviated, through TV ads and billing messages mailed to subscribers. M. Satellite Earth Station. The system configuration shall include earth stations which shall ensure the ability to receive signals from operational communications satellites that predominately carry programming services available to cable systems throughout the life of the Franchise. N. Standby Power. Franchisee shall provide 20,000 Watt standby power- generating capacity at the headend. Franchisee shall maintain standby power system Page 9 of 47 supplies, rated for at least two and one-half (2.5) hours duration at all optical node locations in the distribution network. O. Parental Control Devices. Franchisee shall provide to subscribers, upon request, parental control devices that allow any channel or channels to be locked out. Such devices shall block both the video and the audio portion of such channels to the extent that both are unintelligible. The cost to subscribers for parental control devices is subject to FCC regulation. P. Performance Testing. Franchisee shall perform all system tests and maintenance procedures as required by and in accordance with: the FCC; Franchise; Ordinance; Franchisee's standards of good operating practice; and the National Cable Television Association's test procedure guidelines. Q. Technical Standards. The cable communications system permitted to be operated hereunder shall be installed and operated in conformance with the Ordinance, this Franchise, and FCC rules and regulations. Any FCC technical standards or guidelines related to the cable communications system and facilities shall be deemed to be regulations under this Franchise. At such time as the FCC does not regulate technical standards, Franchisee will continue to comply with the FCC standards which were in effect on the effective date of this Franchise. R. Employee Identification. Franchisee shall provide a standard identification document to all employees, including employees of subcontractors, who will be in contact with the public. Such documents shall include a telephone number that can be used to verify identification. In addition, Franchisee shall use its best efforts to clearly identify all field personnel, vehicles, and other major equipment that are operating under the authority of Franchisee. S. Stereo. Upon completion of the rebuild, the system will have the capability and shall provide Broadcast Television Systems Committee (BTSC) stereo signals. IX. CONSTRUCTION. A. System Design Review. The City shall have the authority to review the technical design plans of the system for any upgrade or rebuild to ensure that the system design meets the requirements of this Franchise, the Ordinance, as well as applicable portions of the City Code governing construction within public rights-of-way and applicable local regulations. Franchisee shall provide the following design information: engineering design maps; key for design maps; system level design information (e.g., block diagram of headend, satellite or off-air studies, power supply map); test plan for the existing coaxial cable to be used in the system; and contact engineer who will be available to discuss project details. On a case by case basis, Franchisee may use existing coaxial cable which meets manufacturer specifications. Franchisee shall perform end of the line test to ensure that the coaxial cable plant tested performs according to Page 10 of 47 manufacturer specifications. In cases where the cable does not meet such specifications, Franchisee shall replace the cable and shall use its best efforts to minimize disruption to effected subscribers. The City shall protect the proprietary system design information submitted by Franchisee. The Franchisee shall send the design information to the location specified by the City as such maps are available to the Franchisee. Franchisee's regional engineer will review the design with City designated persons. B. Construction Manual. Franchisee shall construct the system in accordance with Franchisee's construction manual. See Appendix F, attached hereto and incorporated by reference. The Franchisee shall follow the permitting process as specified by the City. C. Underground Construction. Franchisee shall participate in and use Iowa One Call and ensure that cable is buried at a depth of a minimum of twelve inches (12"). Temporary drops will be buried within one month of installation, weather permitting. D. Consumer Compatibility. Franchisee shall comply with FCC consumer compatibility rules and guidelines and will use its best efforts to provide subscriber friendly technology. The basic tier of service shall be offered in a format compatible with FCC regulations. E. Conversion. Subscribers shall not be charged by Franchisee for conversion from the existing system to any upgraded or rebuilt system. In the event that special additional or customized equipment is requested by any subscriber or is required to provide such service to any subscriber, Franchisee may charge the subscriber for such equipment. So that customers will experience the least possible interruption of service, Franchisee shall perform the cutover to the new system as specified in Appendix G, attached hereto and incorporated by reference. Franchisee will notify subscribers and the public in general of the cutover, using a combination of at least two of the following: bill stuffers; direct mail; news releases; radio announcements; CSR training; and community bulletin board announcements. Internal wiring shall comply with the Iowa City Electrical Code. X. SYSTEM SERVICES. A. Additional Services. Franchisee shall provide a good mix of entertainment and information programming generally available to the cable television industry, taking into account the needs and interests of the population of the City of Iowa City. At a minimum, the system shall provide the broad categories of programming specified in Appendix H, attached hereto and incorporated by reference. Prior to selecting all the new services to be offered after any upgrade or rebuild, Franchisee shall conduct a statistically valid consumer market survey by telephone of 200 randomly selected homes to assess what new programming consumers are most interested in receiving, in addition to those specified in Appendix H. Franchisee shall use its best efforts to provide the programming that had the highest degree of community interest and that would serve the community interests indicated in their own survey and in any consumer market survey Page 11 of 47 conducted on behalf of the City. The results of the consumer market survey will be provided to the City within thirty (30) days of completion. B. Leased Access Channels. Franchisee shall offer leased access channels at such terms and conditions and rates as may .be negotiated with each lessee subject to the requirements of Section 612 of the Cable Act. C. Cable Drops and Monthly Service. Franchisee shall provide one free cable drop and free, basic and tier services, excluding premium services, audio services, pay- per-view, etc., to locations already provided with free drops, locations listed in Appendix I, attached hereto and incorporated by reference, and at any other public buildings designated by the City. All non-premium programming and closed-circuit training programming shall be transmitted to all of these locations on the cable system, free of charge. D. Institutional Channels. If allowed by Federal law and regulation, the government and educational access channels shall be provided with the capability to transmit for closed-circuit institutional programming. The Franchisee shall provide an appropriate device for the reception of scrambled institutional programming offered over the subscriber network on the scrambled government and educational access channels to all local government and educational locations receiving free drops and service. The necessary headend equipment for modulation, scrambling, and cablecasting of the closed-circuit signals shall be provided by the Franchisee. Franchisee shall provide channel scrambling as requested by the City and educational institutions on the scrambled government and educational access channels. E. Closed Captioning. Franchisee shall pass through all closed-circuit signals received by the system for the hearing impaired. Closed-caption devices will be provided for sale and installation by Franchisee. F. Interactive Services. Franchisee shall provide one free cable modem and free cable modem/Internet service for all public schools. XI. ACCESS CHANNELS, EQUIPMENT, FACILITIES, AND SERVICES. In order to develop and promote public, educational, and government access programming for the system's access channels, Franchisee hereby agrees to provide the following. A. Access Channels. Franchisee shall use its best efforts to maintain the number and channel position of the access channels as shown in Appendix J, attached hereto and incorporated by reference. Franchisee shall provide the following number of dedicated access channels: three (3) channels for government access; two (2) channels for educational access; one (1) channel for public access; and one (1) channel for Kirkwood Community College. Upon the City's request, Franchisee shall Page 12 of 47 activate the following additional access channels on the basic tier; one (1) channel for community programming and/or access and one (1) channel for educational access. Upon the request of the City, whenever any public access channels as set forth in this section shows documented proof of performance that they are in use 80% of the cablecast week for any 6 week consecutive timeframe, given at least 8 hours per day, 7 days per week cablecast schedule, with at least 80% (of the time the channel is programmed), unduplicated locally originated programming, the Franchisee shall make such additional access channels) available as necessary for access use within 6 months of receipt of request by the City. The City agrees to share the above listed access channels with other communities served by the same headend on a switched basis. Franchisee shall provide automatic switching from a site selected by the City for any switching needed by the City to allow City programming to be viewed within the City while other communities may be viewing other governmental programs. Other communities, such as Coralville, served by the same headend shall have remote switching capability to allow programming to be viewed within their respective municipalities while Iowa City programming continues to be viewed within the City of Iowa City. In the spectrum between 550 MHz and 750 MHz, and if Franchisee expands bandwidth, the City reserves ten percent of the bandwidth for public, educational and government access use up to 100 analog channels. Such bandwidth will be made available within six (6) months of a request by the City. The City shall make such request when the governmental, educational, and/or public access entities have demonstrated to the City that such additional capacity is needed and usage meets the formula for bandwidth activation specified abOve. Such additional capacity shall be dedicated for the type of access specified by the City. All active access channels shall be placed on the basic tier of service, unless both parties mutually agree otherwise. The City may prescribe: rules and procedures under which the cable operator is permitted to use access channel capacity for the provision of other services if such channel capacity is not being used for the purposes designated; and rules and procedures under which such permitted use shall cease. B. Access Equipment, Support, and Facilities. The Franchisee shall provide the City with funds in monthly payments for equipment, facilities, and ongoing support for public, educational, governmental access, and community access programming, in an amount equivalent to fifty-five (55) cents per subscriber per month starting on the effective date of this franchise extension and, thereafter, until the conclusion of the fifth year of the term. At the beginning of the sixth year of the term and for the remainder of the franchise term, the Franchisee shall provide the City with payments, for the purposes listed above, in an amount equivalent to sixty (60) cents per subscriber per month. Both parties agree that all such funds will not be deducted from the franchise fee. The City agrees that all amounts paid by Franchisee pursuant to this section may be added to the price of cable services and collected from Page 13 of 47 Franchisee's subscribers as "external costs" as such term is used in 47 C.F.R. on the effective date of this Franchise. In addition, all amounts paid under this section may be separately stated on subscriber's bills as permitted in 47 C.F.R. 76.985. Such payments will be made by the Franchisee to the City on a monthly basis. C. Access Services. Franchisee agrees to continue to provide to the non- profit corporation designated by the City and/or other entities designated by the City, including the City itself, to carry out the day-to-day operations of public access and community programming with annual payments based on a $189,923.44 annual payment for the calendar year 2005. Said amount shall be increased successively thereafter annually for inflation for the term of the Franchise. Both parties agree that all said funds for access services will not be deducted from the franchise fee and agree that only the annual inflation adjustments may be passed through to subscribers and may be separately stated on subscriber's bills. This is in addition to the amount specified in paragraph B above. All inflation adjustments shall be based upon the annual change in the CPI-U, U.S. Cities Average, published by the U.S. Department of Labor, using the base month of September each year. All annual payments shall be due January 1st of each year. D. Publicity. Franchisee agrees to provide the publicity services as specified in Appendix K, attached hereto and incorporated by reference. The Franchisee shall provide one hundred (100) run of scheduled public service announcements per month for use by the City or access channel operators. Production of the public service announcements will be the responsibility of the City or the access channel operators. E. Optical Transmission Equipment. The Franchisee agrees to provide one digital, optical transmission package. The Franchisee agrees to connect the optical equipment using coaxial cable or fiber optics with the Library, the Senior Center, City Hall, and a school site (including but not limited to the permanent access channel(s), the library channel, the public access channel, the government channel, the community programming channel and the educational access channel). F. Closed Circuit Operations. Franchisee shall provide, free of charge, an appropriate device for the reception of scrambled institutional programming offered over the subscriber network to schools and government buildings receiving free drops and service. The necessary headend equipment for modulation, scrambling, and cablecasting of the closed-circuit signals on the educational, and government access channels, shall also be provided. Franchisee shall provide channel scrambling as requested by government and educational access channel operators. Franchisee shall provide the City and schools with 185 converters and scrambling devices, free of charge, within one hundred twenty (120) days of the completion of the rebuild. Page 14 of 47 G. Signal Quality. Franchisee shall assure that the access channel delivery system from the City Hall and all other origination points specified herein meet the same technical standards as the remainder of the system as set forth in Section VIII herein. Annually, or upon request by the City, Franchisee shall test the delivery system from the origination sites to ensure a high quality picture is provided to subscribers. Grantee shall use reasonable efforts to optimize the picture quality of the access channel delivery system. H. Treatment. The Franchisee will confer with the City on the content and format of any separate line item on the monthly bill related to local programming. I. Origination Sites. The Franchisee shall maintain and/or replace and maintain throughout the franchise term, the active origination lines from the locations from which local programming can be originated on the effective date of this Franchise to the Franchisee's headend. The Franchisee shall provide two thirds of the costs of constructing origination capability to: Dubuque and Iowa streets; Clinton and Iowa streets; and an extension at the Library. The City shall pay one third of such costs. The costs shall not exceed the following: $23,505 for the origination site at Dubuque Street and Iowa Avenue; $32,499 for the origination site at Clinton Street and Iowa Avenue; and $7,200 for the library origination site extension to allow programming near the fountain. Franchisee shall construct the origination sites upon the written request of the City, starting in 2006. The City shall determine the order of construction of the sites and the timing for construction. The Franchisee shall not be required to construct more than one site per year. The Franchisee shall complete construction of each origination site no later than June 30th of the following calendar year upon receipt of a written request from the City. Franchisee shall design the origination site routing in cooperation with the City. In addition to the origination sites financed as described above, the Franchisee agrees to construct additional origination lines upon the request of the City, if the expense of the additional lines is borne by the City or other City designated entities, the cost for such origination lines shall not exceed the Franchisee's actual cost of construction. Any such additional fiber optic lines shall use the most efficient routing and shall be designed in cooperation with the City. XII. INTERCONNECTION. A. Interconnection. Franchisee's system design shall allow originating institution's signals (public, educational, and governmental channels) to be made available in contiguous communities which are served by the Iowa City headend. If legal and technically feasible, Franchisee agrees to allow interconnection with communities not served by the Iowa City headend provided, however, that such communities, the City, and/or a third party, supply and bear the cost for the interconnect to Franchisee's headend or locations on the system easiest to reach Page 15 of 47 and/or at the least cost, related to access programming origination distribution. Access to Franchisee's headend and equipment will be limited to Franchisee's personnel. Such personnel shall supervise any activity with regard to this section. B. University Cooperation. The Franchisee shall use its best efforts to accommodate the telecommunications needs of the University, its staff, and students. In the event the University proposes a joint venture or other proposal for services, the Company shall review the proposal and respond within ninety (90) days of receipt. XIII. SUBSCRIBER INFORMATION AND POLICY. A. Subscriber Information. At the time an installation or service agreement is to be signed or at the time Franchisee solicits residents, Franchisee shall furnish to each subscriber a simple, but thorough written explanation of all services offered; the fees, charges, terms and conditions of such services; information regarding billing and service calls; complaints; information regarding the availability of parental control devices; and a complete statement of the subscriber's right to privacy in conformance with 47 U.S. Section 631, as it may be amended. Thereafter, Franchisee shall provide subscribers with privacy information and other information, as required by FCC regulations, as amended. Such subscriber information shall be filed with the City concurrent with distribution to subscribers. B. Business Offices and Personnel. Franchisee shall establish and maintain a business office within the City which shall, at a minimum, be open to receive payments and subscriber equipment for the hours specified in the Appendix L, attached hereto and incorporated by reference. Franchisee shall also provide personnel, telephone service, including a locally listed telephone number, and other equipment, as needed within the area, to ensure timely, efficient and effective service to consumers and for the purpose of receiving inquiries, requests and complaints concerning all aspects of the construction, installation, operation, and maintenance of the system and for the payment of subscribers' service charges. C. Subscriber Complaints. Pursuant to the Ordinance, Franchisee shall promptly respond to and resolve all subscriber complaints. However, nothing herein shall require Franchisee to maintain or repair any equipment not provided by it. D. Major Outages. Franchisee shall maintain records of all major outages defined as a discontinuation of cable service from one or more fiber nodes in the City of Iowa City. Such records shall indicate the estimated number of subscribers affected, the date and time of first notification or of Franchisee knowledge of the outage, the date and time service was restored, the cause of the outage and a description of the corrective action taken. Such records shall be available to the City during normal business hours upon reasonable prior notice and retained in Franchisee's files for not less than five (5) years. Upon written request of the City, a statistical summary of such records shall be prepared by Franchisee and submitted to the City annually. Page 16 of 47 E. Customer Handbook. Franchisee shall provide written customer policies or a handbook to all new subscribers and, thereafter, upon request. Franchisee's written customer policies or handbook shall, at a minimum, comply with all notice requirements in the Ordinance and those promulgated by the FCC. If Franchisee's operating rules are changed subscribers shall be notified in a timely manner. Rate and consumer complaint information will be distributed annually to subscribers. Franchisee shall file a consumer handbook with the City annually. F. FCC Standards. Franchisee shall meet the FCC's Standards for Customer Service. If Franchisee does not meet the busy standards in two (2) consecutive quarters the Franchisee shall add a minimum of one telephone line or make other changes in order to satisfy the telephone busy standards. Franchisee shall provide to the City annual management data, including data from any service centers used by the Franchisee related to compliance with the FCC's Standards for Customer Service. At such time as Franchisee does not meet the FCC and/or the Ordinance requirements for repair for one quarter, Franchisee shall take corrective action to ensure that such standards are met during the next quarter. At such time as the FCC no longer promulgates Consumer Service Standards the FCC standards in effect on the effective date of this Franchise will be in force. G. Downgrades. Subscribers shall have the right to have cable service downgraded in accordance with FCC rules. No charge shall be made for disconnection of basic service. The billing for such service will be effective immediately and such disconnection or downgrade shall be made as soon as practicable. A refund of unused service charges shall be paid to the customer within forty-five (45) days from the date of termination of service. H. Outages. For service interruptions of over four (4) hours and up to fourteen (14) days, the Grantee shall provide, at the subscriber's verbal or written request, a credit of one-thirtieth (1/30) of one month's fees for affected services for each 24-hour period service is interrupted for four (4) or more hours. For service interruptions of over fourteen (14) days, the Grantee shall provide, at the subscriber's verbal or written request for a rebate, a credit of one month's fees for affected services. This provision shall not apply if the service interruption is the result of a cable system upgrade or rebuild. The Franchisee shall provide written notice to subscribers' quarterly of the availability of credits for outages. I. Subscriber Contracts. All contracts between Franchisee and their subscribers shall be in compliance with the Ordinance and this Franchise. Franchisee shall file a copy of the Franchisee's subscriber contract with the City annually. J. Negative Option Billing. Franchisee shall comply with Federal law regarding negative option billing. K. Payment Stations. Throughout the term of the Franchise, Franchisee shall maintain, at a minimum, three payment sites in addition to the Franchisee's office. Such Page 17 of 47 payment stations shall be open during normal business hours and be dispersed throughout the City. Franchisee shall continue to provide subscribers with the options to pay by telephone and through automatic withdrawal. L. TDD. Within 180 days of the effective date of this Franchise, Franchisee shall install a TDD machine or utilize a recognized third party agent such as Access Iowa to receive consumer messages from the hearing impaired. M. Repair Calls. Franchisee shall offer subscribers repair service appointments in two-hour windows. The Franchisee shall telephone the subscriber prior to arriving for a repair call. Franchisee will conduct repair calls as specified in Appendix L. N. Installation. Subscriber service shall be installed within seven days of a request during normal operating conditions. O. Administrative Fee and Disconnects. Administrative fees are charged on any accounts which have not been paid prior to the next billing cycle. Disconnection of accounts due to non-payment occurs no sooner than after 45 days of due date. P. Subscriber Bill. Company shall include its name, address, and telephone number on the subscriber bill and the portion of the bill retained by the subscriber. Company shall have the City's address and telephone number included on the subscriber's bills. At such time as the Company's billing system allows it, the Company shall increase the size of the City related information on the bills. Company shall, at least once annually, in the fall, provide a billing statement that informs subscribers of the availability of the Company's snowbird policy for residents that winter in another area. XIV. NON-DISCRIMINATION. Franchisee agrees that it shall not discriminate in providing service to the public nor against any employee or applicant for employment because of race, color, creed, religion, sex, disability, national origin, gender identity, age, sexual orientation, or marital status. In the employment of persons, Franchisee shall fully comply with applicable local, state and federal law, and shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, disability, gender identity, national origin, age, sexual orientation, or marital status. XV. RATES. The City shall have the ability to regulate rates in accordance with Federal law. Page 18 of 47 XVI. FRANCHISE RENEWAL. Subject to Section 626 of the Cable Television Consumer Protection and Competition Act of 1992, as amended, this Franchise may be renewed by the City in accordance with the Ordinance. XVII. POLICE POWERS. In accepting this Franchise, Franchisee acknowledges that its rights hereunder are subject to the police powers of the City to adopt and enforce general Ordinances necessary to the safety and welfare of the public and it agrees to comply with all applicable general laws and Ordinances enacted by the City pursuant to such power. XVIII. FRANCHISE FEE AND PERFORMANCE BOND. A. Franchise Payments. Franchisee shall pay to the City a Franchise fee of five (5%) percent of gross annual revenues or the maximum amount permitted by law, whichever is higher, during the period of its operation under the Franchise, pursuant to the provisions of the Ordinance. Any increase in the franchise fee shall be implemented as soon as practicable, but no longer than forty-five (45) days, B. Bonds. Franchisee shall furnish a construction bond to City as specified in the Ordinance during the construction of the rebuild. Franchisee shall furnish a Letter of Credit of $75,000 which shall be replenished within ten (10) days of use by the City as specified in the Ordinance to a total amount of $500,000. Franchisee shall provide such Letter of Credit to the City within sixty (60) days of the effective date of this Franchise. The Letter of Credit should be maintained during the life of the Franchise, to guarantee the faithful performance of all its obligations under this Franchise and the Ordinance. XIX. REGULATION. A. The City shall exercise appropriate regulatory authority under the provisions of the Ordinance and this Franchise. Regulation may be exercised through any duly designated City office or duly established Board or Commission or other body of the City. B. Franchisee, by accepting the rights hereby granted, agrees that it will perform and keep all acts and obligations imposed, represented or promised by the provisions of this Franchise, the Ordinance, and the renewal proposal. C. The Franchisee agrees to indemnify the City and to hold the City harmless from all claims against it by third parties arising out of its compliance with Section V to the extent that such claims are not barred by Section 635A of the Cable Television Page 19 of 47 Consumer Protection and Competition Act of 1992 (Limitation of Franchise Authority Liability), or by any other provision of law. D. In addition to the above, Franchisee agrees to defend, indemnify, save and hold harmless City and other entities operating access channels in Iowa City, their officers, boards and employees from and against any liability for damages, including attorney fees and for any liability or claims resulting from any allegation that a public, educational or government access channel in Iowa City on the Franchisee's cable system has infringed upon the copyright or performance rights held by any person for music performed that is part of any locally originated programming cablecast over public educational or government access channels required as part of this Franchise. XX. REMEDIES. A. Schedule of Liquidated Damages. Because Franchisee's failure to comply with certain material provisions of this Agreement and the Ordinance will result in injury to the City or to subscribers, and because it will be difficult to estimate the extent of such injury, the City and Franchisee hereby agree that the liquidated damages and penalties stated in the Ordinance represent both parties' best estimate of the damages resulting from the specified injury. B. Violations. For the violation of any of the following, the City shall notify Franchisee in writing of the violation. The City shall provide Franchisee with a detailed written notice of any Franchise violation upon which it proposes to take action, and there shall be a thirty (30) day period within which Franchisee may demonstrate that a violation does not exist or cure an alleged violation or, if the violation cannot be corrected in thirty (30) days, submit a plan satisfactory to the City to correct the violation. If an alleged violation is proven to exist, and no cure or action on a plan acceptable to the City has been received by the City within thirty (30) days, such liquidated damages shall be chargeable to the Letter of Credit as set forth in the Ordinance if not tendered by Franchisee within thirty (30) days. Franchisee may petition the City Council for relief with just cause. The imposition of liquidated damages shall not preclude the City from exercising the other enforcement provisions of the Ordinance, including revocation, or other statutory or judicially imposed penalties. Liquidated damages may be imposed as follows: (1) For failure to complete construction or extend service in accordance with Franchise: $250/day for each day the violation continues; (2) For failure to comply with requirements for public, educational and government access: $150/day for each day the violation continues; (3) For failure to submit reports, maintain records, provide documents or information: $150/day for each day the violation continues; and Page 20 of 47 (4) For violation of customer service standards required by this Franchise, the Ordinance, or by FCC regulation: $150/day per standard violated. (5) For violation of the books and financial records provisions of this Franchise and the Ordinance: up to $150/day for each day the violation continues. (6) For violation of other material provisions of this Franchise or the Ordinance: up to $150/day for each day the violation continues. XXI. COOPERATION. The parties recognize that it is within their mutual best interests for the cable television system to be operated as efficiently as possible in accordance with the requirements set forth in this Agreement. To achieve this, parties agree to cooperate with each other in accordance with the terms and provisions of this Franchise. Should either party believe that the other is not acting timely or reasonably within the confines of applicable regulations and procedures in responding to a request for action, that party shall notify the person or agents specified herein. The person or agent thus notified will use its best effort to facilitate the particular action requested. XXII. WAIVER. The failure of the City at any time to require performance by Franchisee of any provision hereof shall in no way affect the right of the City hereafter to enforce the same. Nor shall the waiver by the City of any breach of any provision hereof be taken to be a waiver of any succeeding breach of such provision, or as a waiver of the provision itself. XXIII.CUMULATIVE PROVISION. The rights and remedies reserved to the City by this Franchise are cumulative and shall be in addition to and not in derogation of any other rights or remedies which the City may have with respect to the subject matter of this Franchise, and a waiver thereof at any time shall have no effect on the enforcement of such rights or remedies at a future time. XXIV. NO LIABILITY. Nothing herein shall be deemed to create civil liability by one party for the action, omissions or negligence of the other party, or of a party's agents, employees, officers or assigns. Each party shall be solely liable for claims against it by third parties, whether arising under the Cable Television Consumer Protection and Competition Act of 1992 or under any other provision of law. Page 21 of 47 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on ., 2005. CITY OF IOWA CITY, IOWA A municipal corporation ATTEST: Mayor Witness MCC Iowa LLC Witness ~ ro~d City Attorney's Offic~ Page 22 of 47 Appendices A. General System Design Specifications B. Drop technical parameters C. Delivery system equipment list D. Test equipment available to Iowa City within 24 hours E. Preventative maintenance program F. Franchisee's construction manual G. Cutover process H. Programming categories I. Free Drop Locations J. Access Channel Placement K Access publicity L. Business and Repair Hours Page 23 of 47 APPENDIX A General System Specifications (750 Mhz) Distribution - End of Line (~ Ch. 77) NCTA Standard methods: Cartier/Noise 46 2nd order beats 51 Triple order beats 51 Cross modulation 51 Tap outputs 54 MHz 9Db minimum Tap outputs 750 MHz 14Db minimum Fiber Link (output as node): Carrier/Noise 49 2nd order beats 63 3rd order beats 63 Cross modulation 63 Page 24 of 47 APPENDIX B Drop Technical Parameters Coaxial cable shall meet the requirements of SCTE IPS-SP-001 or ANSI/SCTE 15 2001 as specified to a bandwidth of 1000 MHz Page 25 of 47 APPENDIX C Delivery System Equipment Scientific Atlanta High Gain Model Gainmaker System Amps Scientific Atlanta Line extender Model Gainmaker Regal 1000 MHz line passives Times Fiber 625 T10 series feeder cable Times Fiber 875 T10 series trunk cable Page 26 of 47 APPENDIX D Test Equipment 1. Hewlett Packard Model # $591C Spectrum Analyzer 2. Signal Analysis Meter - Wavetek MS 1400 A. Signal levels B. C/N ratios C. Hum in % 3. Wavetek Model 3 ST Bench Sweep 4. Wavetek Model SDA 5000 Field Sweep Meter 5. Comsonics Leakage Detector Model Sniffer Sleuth 6. Comsonics Leakage Detector Sniffer II & III's 7. FIS Optical Power Meter Model # OV-PM 8. Tekronix Model TV220 TDR Cable Tester 9. Tekronix Model TFS3031 Optical TDR Page 27 of 47 APPENDIX E Preventative Maintenance Procedures The Iowa City system is driven off for signal leakage each quarter. Leaks are logged and repaired by the service technicians. All leakage logs are kept on file in the Iowa City office. Page 28 of 47 APPENDIX F Mediacom Upgrade/Splicing Procedures (based on original documem from Corporate dated 4/16/98) 1. Splicing specifications are provided by Mediacom, but due to resplice conditions, many locations become a custom build. For example - field decisions regarding the use of extension connectors (3- inch or 6-inch) to maintain proper spacing from the pole and to provide a uniform and straight entry into the equipment on the input and output sides. Most locations will require the input loop to be straightened and reformed (with Jackson/Lemco mechanical benders only - no boards, forms or hand- formed loops) with the proper spacing (see attached drawings). 2. All strand-mounted equipment, including amplifiers, directional couplers, splitters and power inserters will have input and output loops. Ifa power inserter falls at a location with a piece of feeder equipment, the feeder equipment (tap, directional coupler or line extender) should be on brackets with the power inserter mounted above it on the strand, just offsetting the bracket. Don't force the input loop! Taps are the only devices that do not require an input loop, EXCEPT at terminating taps. The loops at a terminating pole may be deleted in certain situations where the pole is accessible ONLY by climbing. 3. Grounding and bonding: a) All active components require either a bond or their own ground rod and vertical groundwire at the pole cr pcd3ct2! prior to and after the active. b) All junction poles can be "share bonded" with the power or telephone vertical, but a split-bolt connector must be connected below the CATV strand. c) If local utilities allow, strand may be bonded to power or telephone. If no telephone or power vertical exists, install a full vertical and ground rod. d) For underground plant - no new grounds are required, and any existing grounds should be reconnected securely. 4. All rusted lashing wire clamps and straps are to be replaced. Tree guard shall be installed beneath the suspension clamp on all trunk or multiple cables. 5. On dual cable, two straps are placed in the bottom of each loop. Loops without two straps are to be brought up to Mediacom specifications where contractor work is being performed. Skip (no cut) poles do not have to be reworked, with the exception of straps, spacers, and lashing wire clamps. 6. Straight splices require an input loop, as well as the standard output loop. 7. Do not place taps on preformed strand splices, deadends, or other obstructions. 8. Self-support cable shall be treated with the same specifications as any other cables. Split the cable from the messenger with great care so as not to damage the jacket. Use straps and spacers (55 inches Page 29 of 47 out from the suspension clamp), and Jackson/Lemco mechanical benders must be used to form the loops. Forming boards are not allowed. 9. Where possible, taps are to be placed 18 inches from the suspension clamp. When necessary, one may use a measurement of NO LESS THAN 12 1NCHES to save a straight splice or extension connector. 10. When the combined length of multiple pieces of equipment would put the furthest connector beyond 4 feet from the suspension clamp, the equipment may be "split" into two separate pieces which may then be spliced on each side of the pole. All other applicable specifications shall be adhered to, including length of doglegs, loops, etc. 11. Long, straight doglegs into equipment shall be the standard. There must be a minimum of 6 inches of straight cable into any connector. There must be a minimum of 4 inches of straight cable into any strap and spacer. 12. Any active house drops must have new "Snap-N-Seal" F connectors installed, with proper tools used for preparation and installation. When moving span clamps, install them no closer than 18 inches from the pole. 13. Mediacom mandated working hours are to be coordinated with Project Managers. Although local requirements may vary, the following is recommended: Trunk: Off 12 midnight On - 6AM Answering service is to be notified before and after (by person coordinating nighttime splicing) Feeder: Off- 6AM On - 3:30 PM Areas to be affected by work must be logged on street sheets the previous day, and faxed to the Regional dispatch center No active system work is to be performed on weekends or holidays unless specified in advance by Mediacom personnel. 14. Signal levels of amplifiers, and end-of-line levels are to be noted on amplifier log sheets, and the control maps, during upgrade. Balancing is to be performed using channels 4, 58 or 70 (or applicable pilot channels) and two additional channels to be designated. Log sheets will be collected daily. 15. Street sheets showing daily work locations are required to be turned in to the project supervisor, before 8:30AM each day. 16. Wall maps are to be marked up daily for Mediacom, with all end-of-line levels posted, noting any added equipment or other design changes. 17. Contractors for Mediacom are required to provide magnetic identification signs for all tracks. Contract personnel will carry photo ID cards identifying them as contractors for Mediacom. 18. Proper splicing techniques are to be used at all times: a) Coring tools are required that leave a smooth edge on the coax sheath (Cablematic or l_emco tools) b) Center conductor cleaner tools must not damage copper cladding. The Plexiglas Y-190 tool works well. No metal blades are allowed. Center conductors must be cut to length in accordance with the connector manufacturer's specifications. EXPECT MEDIACOM TO REGULARLY 1NSPECT SPLICiNG. Page 30 of 47 19. Bishop #10 3-3/4" x 10' Electro-Seal tape will be applied to all housing to housing connectors. Do not apply Bishop tape to 90°, 180°, or other connectors. The tape may be cut in half for easier application in small spaces, but in any case should be stretched tight as it is wrapped. 20. In underground areas, all equipment will be securely mounted to the pedestal or closure with the proper mounting bracket. Taps may be mounted directly to the pedestal, ifa proper mounting point exists. No equipment is to be lefi floating, or mounted to ground rods. 21. Pedestals will be replaced only if they are the incorrect size, or damaged. Dull paint is not a reason to replace an otherwise functional metal pedestal. 22. Safety a) Hard hats are to be worn whenever doing any aerial work. b) Cones are to be set out at rear and front of truck. c) Men Working signs shall be used when mandated. d) Flares shall be used when conditions warrant. e) Ladders must not be left unattended. f) Debris including staples, loose wire, pieces of shielding or center conductors, connectors, etc., must not be left unattended at the job site. General information 1. When applicable, use top feeder ports on amplifiers. 2. All splicing should conform to Mediacom's specifications regarding proper spacings, and uniform and straight entry. If done properly, no individual's splicing can be singled out from the rest (see attached drawings). 3. All equipment provided by Mediacom should be handled properly without abuse - including keeping it dry, secure, etc. Organized trucks do help. FIBER OPTIC CABLE SPECIFICATIONS AND NOTES 1. Underground fiber: Depth will vary from region to region a 36 inch to 42 inch depth will be considered a minimum. One underground warning tape will be placed 12 inches above the cable. If all-dielectric fiber cable is used, an additional tape with an integral metallic locating conductor will be placed directly on top of the cable. Use Budco Brady stakes for above grade warning markers. DO NOT place stakes directly above the fiber path, or within the trench/plow path. NOTES: · Conduit being used for fiber will be of nothing less than a schedule 40. · Long distance fiber locators may be required due to long runs. 2. Aerial fiber: The "bag loop" in the fiber at the pole, on the attached drawings, is exaggerated for clarity, and should not be built as drawn. The loop at the pole should be a shallow, smooth curve that maintains a slight separation between the fiber sheath and the suspension clamp. Use Vikimatic (TVC) fiber optic warning tag - yellow or orange with black letters, to be attached to bottom of loop at pole, with tie wraps. Fiber lashing wire clamps will be placed on the pole side of the existing lashing wire clamps. Above existing coaxial cable loops, fiber will be attached using stainless steel cable straps. All fiber will be installed, no partial fiber reels will be brought back to the warehouse. All fiber lashbacks will be installed 10 feet from the pole. Fiber loops will be teardrop-shaped, hanging vertically, with manufacturer's bending radius specifications observed. Snowshoes WILL NOT be used as a bending form - and are not to be used AT ALL. Page 31 of 47 Node service cables should be lashed or strapped out along the strand - not coiled. 3. Fiber backlashes: Regional preferences or local codes may apply. All storage fiber is to be lashed to the strand (see attached drawings). MULTIPLE DWELLING UNITS (MDUs) 1. The upgrade process will generally provide a minimum +20dBmV input signal to an active or a lockbox serving a MDU complex. This may be reflected on the design maps as individual tap ports for 12 units and under, or a terminated feeder leg with signal level shown. Adjustments to the design may be necessary to properly provide signal for each building in a complex. 2. Any lockbox work, splitter updating, indoor amplification, or rewiring is the responsibility of the local technical operations personnel. 3. Construction personnel and a representative from the local technical staff should meet well in advance of the upgrade start date, to review the work necessary and coordinate efforts. 4. All lockboxes should be grounded with #6 copper at the input. Local codes regarding grounding and bonding should be followed. 5. Interior distribution amplifiers should be avoided, if at all possible. Outdoor line extenders, powered from the outside plant, are preferred. Page 32 of 47 This page is blank... Page 33 of 47 dOkl~LId110kl ~P~¥11~IdAIlON-5 CONP~LIC110N P~CIPICA110NP 1"ePICAL- I~01.-~ CON~I'~U(Z1qONI C:ON~ll~LgflON ~?P. CIPICAqONS CON~L~qON ~P~ClPIC^qON~ CON.S~LICqONI .~P~CIPICAflONI~ APPENDIX G Cut over process The upgrade/rebuild will involve installing and activating fiber optic cable while thc coaxial cable is still activated and in operation. There will be a series of fiber nodes designed for the upgrade/rebuild. As each fiber node is completed, it will be activated. The activation of one node will not interfere or interrupt thc completion of a separate node. In the event the company is confronted with the loss of signal from more that one street at a time, the Company will make every possible effort to complete the work during minimal viewing, such as 12:00 a.m. or 6:00 a.m. or at the time recommended by the City. APPENDIX H Programming Categories for System-Wide Programming Science Fiction Programming Religious Programming Cartoon Programming Federal Government News Programming Educational Programming Pay Per Channel and Pay Per Program Programming International Programming Women's Programming Do-it yourself and Self Improvement Programming Children's Programming News Programming History Programming Comedy Programming Music Programming Sports Programming Arts Programming Black Entertainment Programming Hispanic Programming 10 APPENDIX I Free Drops Iowa City School Sites All schools and administration buildings Other Schools Regina Elementary Regina High School Willowwind School Kirkwood Community College Public Buildings City Hall Senior .Center Recreation Center Libraries Fire stations Broadway St. Neighborhood Center Pheasant Ridge Neighborhood Center PATV office City Cable Office Other Sites Future neighborhood centers Future access organization(s) sites Future City government administration buildings 11 Appendix J Access Channel Positions PATV Channel 18 Government Channel Channel 4 University of Iowa Channel 17 InfoVision Channel Channel 5 Library Channel 10 KTS .. Channel 11 Iowa City Schools Channel 21 12 APPENDIX K Publicity 1. The Company agrees to insert into subscriber handbooks, information about local access channels. The cost of printing, etc. of this information shall be the sole responsibility of the access programming provider (government, education, public). The Company reserves the right to approve content. 2. The Company agrees to allow billing messages or bill stuffers to be included in the subscribers' bills at the rate of one per year subject to approval of content by the Company, availability and adequate advance notice. The cost of printing and insertion shall be the responsibility of the access programming providers (government, education, and public). 13 APPENDIX L Business and Repair Hours Business Hours: 8 AM - 6 PM Monday-Friday 9 AM- 5 PM Saturday Service Hours: 8 AM- 5 PM Monday-Saturday On call- 24 hours per day, seven days a week 14 Prepared by: Drew Shaffer, Cable TV Administrator, 410 E. Washington St., Iowa City, Iowa 52240, 319-356-5046 ORDINANCE NO. AN ORDINANCE REPEALING CITY CODE TITLE 12, CHAPTER 4 ENTITLED BROADBAND TELECOMMUNICATIONS FRANCHISE ENABLING ORDINANCE, AND ADOPTING A NEW CHAPTER 4. WHEREAS, the City has negotiated an extension of the franchise agreement with MCC Iowa LLC, pursuant to the Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, and WHEREAS, it is deemed in the interest of the City to provide for continuing cable television service to its residents, and WHEREAS, the existing Broadband Telecommunications Franchise Enabling Ordinance needs to be updated due to changes in Federal law, the cable extension and the name change of the Iowa City Telecommunications Commission, should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: SECTION I. AMENDMENT. Title 12, Chapter 4 of the City Code is hereby repealed and a new Title 12, Chapter 4 is adopted as follows: CHAPTER 4. CABLE TELEVISION DIVISION 1. ENABLING ORDINANCE Sec. 12'4'1: Short Title Sec. 12-4-2: Definitions Sec. 12-4-3: Cable Television Administrator and Iowa City Telecommunications Commission Sec. 12-4-4: Regulatory Jurisdiction and Procedures Sec. 12-4-5: Significance of Franchise Sec. 12-4-6: The Cable Television Franchise Sec. 12'4'7: Operation of Franchise Sec. 12-4-8: Rights Reserved to the City Sec. 12'4'9: Applications for Franchise Sec. 12'4'10: Acceptance and Effective Date of Franchise Sec. 12-4-11: Termination of Franchise Sec. 12-4-12: Reports and Records of the Grantee Sec. 12-4-13: Franchise Payment Sec. 12-4-14: Liability and Indemnification Sec. 12-4-15: Bonds Sec. 12-4-16: Fees, Rates and Charges Sec. 12-4-17: Public, Education and Government Connection to Cable Television System Sec. 12-4-18: Interconnection of Network Sec. 12-4'19: Construction Timetable for Initial Construction Sec. 12-4-20: Construction Timetable for Rebuild Construction Sec. 12-4-21: Network Description Sec. 12'4-22: Network Technical Requirements Sec. 12-4-23: Performance Measurements Sec. 12-4-24: Construction Standards Sec. 12-4-25: Erection, Removal and Common Use of Poles Sec. 12-4-26: Construction Reporting Requirements Sec. 12-4-27: Channels to be Provided Sec. 12'4'28: Conditions of Street Occupancy Sec. 12-4-29: Unauthorized Connections or Modifications Sec. 12'4-30: Preferential or Discriminatory Practices Prohibited Sec. 12-4-31: Installations, Connections, and Other Services Sec. 12-4-32: Service Calls and Complaint Procedures Sec. 12-4-33: Transfer Sec. 12-4-34: Publications Costs Sec. 12-4-35: Ordinances Repealed Sec. 12'4'36: Separabil/ty Sec. 12'4'37: Time is of the Essence to this Ordinance Sec. 12'4-38: No Waiver of Rights Ordinance No. Page 2 DIVISION 2. RATE REGULATIONS Sec. 12-4-39: Rate Regulation Proceedings Sec. 12-4-40: Certification Sec. 12'4'41: Notification of Changes Sec. 12-4-42: Cable Official Sec. 12-4-1: Short title. This article shall be known and may be cited as the Cable Television Franchise Enabhng Ordinance. Sec. 12-4-2: Definitions. For the purpose of this article the following terms, phrases and words and their derivations shall have the meaning specified herein. When not inconsistent with the context, words used in the present tense include the future and words in the singular number include words in the plural number. Access or pubIic, government, and educationa] access channeIs shall mean public, educational, government, library, and University access channels. Additional service shall mean a subscriber service provided by the Grantee for which a special charge is made based on program or service content, time or spectrum space usage. Annual gross revenues means all revenue received by the Grantee from all sources in connection with the operation of Grantee's cable television system. Gross revenues shall include, without limitation, amounts for all cable service, including but not limited to, basic service and tier service, premium and pay-per-view services, advertising, leased access, installation and all other revenues derived from the operation of Grantee's cable television system. Gross revenues shall not deduct the following: (1) any operating expense, (2) any accrual, including without limitation, any accrual for commissions or (3) any other expenditures, regardless of whether such expense, accrual or expenditure reflects a cash payment, but revenue shall be counted only once in determining Gross Revenue. Gross revenues shall also include the revenue of any affiliate, subsidiary, parent, or any person or entity in which each Grantee has a financial interest, derived from the operation of the cable television system for advertising, or for any other business operation of the cable television system, to the extent such revenue is derived through any means that has the effect of avoiding the payment of franchisee fees that would otherwise be paid to the Grantor. Revenues of both Grantee and an affiliate, subsidiary, parent, or any person or entity in which the Grantee has a financial interest that represent a transfer of funds between them and that would constitute gross revenues of both the Grantee and the affiliate, subsidiary, parent, or any person or entity in which the Grantee has a financial interest shall be counted only once for purposes of determining gross revenues. Gross revenues shall not include franchise fees, any other fee, assessment, sales or other similar tax imposed by law on subscribers or that Grantee is legally obhgated to collect. Basic subscriber television services or basic services means a separately available basic service tier to which subscription is required for access to any other tier of service. Such basic service tier shall, at a minimum, consist of the following: all signals carried in fulfillment of the Cable Act, Sections 614 and 615; any public, educational, and governmental access programming required in this ordinance or the fi'anchise; any signal of any television broadcast station that is provided by the cable operator to any subscriber, except a signal which is secondarily transmitted by a satellite carrier beyond the local service area of such station. Additional signals may be added to the basic tier by the Grantee. Cable service means the one-way transmission to subscribers of (i) video programming, or (ii) other programming service, and (ii) subscriber interaction, if any, which is required for the selection (or use) of such video programming or other programming service or as otherwise provided by law or regulation. Cable television system channel capacity means the highest total number of cable television channels on which television signals from separate sources may be delivered downstream simultaneously to every subscriber in the net- work. The network may have additional channel capacity for specialized or discrete purposes, but the technical performance specified shall not be materially degraded thereby. Cable te]evision channel means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel as defined by the Federal Communications Cmnmission. Cable television system or cab]e system, also referred to as system, means a facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include (A) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (B) a facility that serves subscribers without using any public rights-of-way; (C) a facility of a common carrier which is subject, in whole or in part, to the provision of Title II of the Cable Act, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers; or (D) any facihties of any electric utility used solely for operating its electric utility systems. Cable television system, for the purpose of this Article, shall include facilities owned or operated by a person providing cable service or multiple channels of video programming to subscribers on private property that receive Ordinance No. Page 3 cable service or multiple channels of video programming in whole or in part via cable, fiber or other wires or lines that are within the public-rights-of-way regardless of whether the person providing cable service or multiple channels of video programming on private property receives video programming transmission service, cable service, or other multiple channel video service from a common carrier pursuant to tariff or otherwise or other person that retains the ownership, control and responsibility for all facilities located outside of the private property line. Cl~annel Frequency response means within a cable television channel, the relationship as measured at a subscriber terminal between amphtude and frequency of a constant'amphtude input signal at all specified frequencies within each channel. City shall mean the City of Iowa City, Iowa, its officers and employees unless otherwise specifically designated, the area within the territorial City limits of the City and such territory presently outside the City limits over which the City may assume jurisdiction or control by virtue of annexation. C]osed-circuit or institutional service means such video, audio, data and other services provided to and between institutional users. These may include, but are not limited to, one-way video, two-way video, voice, audio or digital signals transmitted among institutions and/or to residential subscribers. Commence operation means operation will be considered to have commenced when sufficient distribution facilities have been installed so as to permit the offering of full network services to at least twenty-five (25) percent of the dwelling units located within the designated service area. Commission refers to the Iowa City Telecommunications Commission. Communications PoIicy Act or Cable Actmeans the Cable Communications Policy Act of 1984,the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996 as it may be amended or succeeded. Complaint means an oral or written indication from a subscriber of a problem with any aspect of cable service. Contiguous shall mean abutting or within two hundred (200) feet. Council shall mean the City Council of the City of Iowa City, and any legally appointed or elected successor or agency. Data grade shall mean coded transmissions primarily digital in nature. Days shall mean business days. Downstream means the direction of transmission over the cable television system from the head end or hub to a subscriber's terminal. Drop shall mean a coaxial connection from feeder cable to the subscriber/user television set, radio or other terminal. Fair market vaIue means the price that a willing buyer would pay to a willing seller for a going concern based on the system valuation prevailing in the industry at the time. FCCshall mean the Federal Communications Commission and any legally appointed or elected successor. Fiber means a transmission media of optical fiber cable capable of carrying transmissions by means of light- wave impulses. Fiber Node means the local transition point between the fiber distribution portion and the coaxial distribution portion of the upgraded cable communications system. Franchise means a franchise contract entered into voluntarily by the Grantee, containing the specific provisions of the franchise granted, including referenced specifications, franchise proposal, applications and other related material. The franchise granted pursuant to this ordinance grants the nonexchisive rights to construct, operate and maintain a cable communications system along the streets and public ways and grounds within all or a specified area in the City. Any such authorization, in whatever form granted, shall not mean or include any license or permit required for the privilege of transacting and carrying on a business within the City as required by other ordinances and laws of the City. Francl~ise area means the entire City, or portions thereof, for which a franchise is granted under the authority of this ordinance. If not otherwise stated in the franchise, the franchise area shall be the corporate limits of the City, including all territory thereafter annexed to the City. Franchise fee means the percentage, as specified by this ordinance, of the Grantee's gross revenues from all sources payable in exchange for the rights granted pursuant to this ordinance and the franchise agreement. Full network service shall mean all basic services and additional services offered by the Grantee. Grantee means all persons including, but not limited to, subsidiaries, parents or affihate companies, associations or organizations having any rights, powers, privileges, duties, liabilities or obligations, under this article, and under the franchise ordinance, collectively called the franchise, and also includes all persons having any title to or interest in the system, whether by reason of the franchise itself directly or by interest in a subsidiary, parent or affihate company, association or organization by any subcontract, transfer, assignment, management agreement or operating agreement or an approved assignment or transfer resulting from a foreclosure of a mortgage security agreement or whether otherwise arising or created, and shall include the lawful successor, transferee, or a assignee of such franchisee or Grantee. Ordinance No. Page 4 Head end shall mean the land, electronic processing equipment, antennas, tower, building and other appurtenances normally associated with and located at the starting point of a cable television system, excluding the studio. Hub contTguratJon means a cable television system design technology wherein all transmission paths either originate or terminate at a central location within the community. InstaIlation shall mean the extension and/or construction of the system from the main trunk and/or feeder cable to subscribers' terminals except where such a procedure is required by this article without charge when it will mean the extension and/or construction of the system to one point in a designated building. Local distribution center shall mean a facility, within the community remote from but connected to the hub, which distributes signals from the hub to a specified area in the cable television system. Local distribution center shall mean a facility which originates from a local distribution center as opposed to the hub. WYayis permissive. Network noise means that combination of undesired and fluctuating disturbances within a cable television channel, exclusive of undesired signals of discrete frequency which degrade the reproduction of the desired signal and which are due to modulation processes, thermal effects and other noise'producing effects, not including hum. Network noise is specified in terms of its RMS voltage or its mean power level as measured in a four'MHz band above the lower channel boundary of a cable television system. New housing area shall mean any area containing any newly constructed, rehabilitated, or restored residential or commercial unit which does not exist prior to the effective date of the franchise. Open video system shall mean any channel or a facility consisting of a set of transmission paths and associated signal generation, reception and control equipment that is designed to provide cable television service, which includes video programming, which is provided to multiple subscribers within a community, and which the Federal Communications Commission or its successor has certified as compliant with Part 76 of the Rules of the Federal Communications Commission, 47 C.F.R. Part 76, as amended from time to time. PI~j~sica] mi]es of plant shall mean total miles of trunk, feeder, super-trunk, and fiber optic cable. Person means an individual, partnership, association, organization or corporation or any lawful successor transferee. Pub]ic-rights'o£'way or streets andpubIic grounds means the surface, the air space above the surface, and the area below the surface of any pubhc street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkways, waterways, utility easements or other pubhc right-of-way now or hereafter held by the City which shall entitle the City and the Grantee to the use thereof for the purpose of installing and maintaining the Grantee's cable television system. No reference herein, or in any franchise, to the streets and public grounds shall be deemed to be a representation or guarantee by the City that its title to any property is sufficient to permit its use for such purpose, and the Grantee shall, by its use of such terms, be deemed to gain only such rights to use property in the City as the City may have the undisputed right and power to give. Reasonable notice shall mean the provision of notice of contemplated action dehvered at least forty-eight (48) hours prior to such action. Resident means any person residing in the City or as otherwise defined by apphcable law. Residential subscriber means a subscriber who receives a service in an individual dwelhng unit where the service is not to be utilized in connection with a business, trade or profession. Sale shall include any sale, asset exchange or offer for sale. Shall and must means each is mandatory. Strand mile shah mean messenger strand as measured from pole to pole without taking into consideration sag or downguys, and for buried plant, actual trench feet. Studio shall mean the land, electronic processing equipment, towers, building, cameras, lights and other appurtenances normally associated with and located at the Grantee's local origination and]or pubhc access plants of a cable television system, excluding the head end. Subscriber terminal means an electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and any channel selector which permits a subscriber to view all signals dehvered at designated converter dial locations at the set or by remote control. System £aci]ities means the cable communications system constructed for use within the City, without limitation, the headend, antenna, cables, wires, hnes, towers, amplifiers, converters, health and property security systems, equipment or facilities located within the corporate hmits of the City designed, constructed or wired for the purpose of producing, receiving, amplifying and distributing by coaxial cable, fiber optics, microwave or other means, audio, radio, television and electronic signals to and from subscribers, in the City and any other equipment or facilities located within the corporate limits of the City intended for the use of the cable communications system; provided, however, such system facilities excludes building, contracts, facilities, and equipment where its sole use is for providing service to Ordinance No. Page 5 other system facilities located outside the City limits. Subst,~ntia]]y cor~p]eted means operation will be considered substantially completed when sufficient distribution facilities have been installed so as to permit the offering of full network services to at least ninety (90) percent of the dwelhng units in the service area to which access is legally and reasonably available. Terminal isolation means at any subscriber terminal, the attenuation between that terminal and any other subscriber terminal in that network. Upstrear~ means a signal originating from a terminal to another point in the cable television system including video, audio or digital signals for either programs or other uses such as security alert services, etc. Sec. 12-4-3: Cable Television Administrator and Iowa City Telecommunications Commission. A. The City Manager is hereby authorized to appoint a Cable Television Administrator for the purpose of exercising the City's continuing administration of the franchise. Such responsibility shall include but not be bruited to the following matters: 1. Receive and investigate such complaints, disputes or disagreements as may be directed or referred to the City of Iowa City, Iowa, between subscribers or potential subscribers and Grantees of a cable television system and other distribution systems interconnected with the cable television system, not first able to resolve their differences. 2. Report recommendations upon complaints, disputes or disagreements after investigation to the Iowa City Telecommunications Commission for the issuance of finding. 3. Review and audit reports, records, communications and Grantee regulations submitted to the City of Iowa City, Iowa, and conducting such inspections of the system as may be necessary in support of such review as provided for in the Cable Television Enabling Ordinance. 4. Work with the public and the media to assure that all tariffs, rates, charges and rules pertinent to the operation of the cable television system in the City of Iowa City, Iowa, are made available for inspection by the public at reasonable hours and upon reasonable request. 5. Confer and coordinate with the Grantee on the interconnection of the City's cable television system with other similar networks. 6. Advise the Iowa City Telecommunications Commission. 7. Other such duties as the City Manager or Iowa City Telecommunications Commission may assign. 8. Promote usage and understanding of the access channels. 9. Research and recommend new technologies that may be useful to the City, community, and cable system. B. Commission est3bIished: Within thirty (30) days of the granting of the first franchise, there shall be appointed a Commission to be known as the Iowa City Telecommunications Commission. C. Cor~position 3nd term: The Iowa City Telecommunications Commission shall consist of five (5) citizens of the City appointed by the City Council for a term of three (3) years; except, that the 5rst appointees shall be appointed one (1) for a term of one (1) year, two (2) for a term of two (2) years and two (2) for a term of three (3) years; and thereafter, each shall be appointed for a term of three (3) years. Following system completion, it is recommended that a majority of the members be subscribers to the system at the time of their appointment. D. Powers and duties: The duties of the Iowa City Telecommunications Commission shall be as follows: 1. Resolving disputes or disagreement between subscribers, potential subscribers and Grantee should such parties be unable fncst to resolve their dispute. The Iowa City Telecommunications Commission shall conduct a public hearing upon any petition by any person seeking resolution of a dispute concerning the operation of any franchise granted hereunder. The hearing shall be conducted pursuant to the Iowa Administrative Code, and following such hearing, the Iowa City Telecommunications Commission shall issue its finding or determination. Said finding or decision shall be final, and any person aggrieved may seek relief therefrom in the District Court of Iowa as provided by State law. 2. Reviewing and auditing reports submitted to the City as required and said such other correspondence as submitted to the City concerning the operation of the cable television system so as to insure that the necessary reports are completed and fulfilled pursuant to the terms of this ordinance. 3. Work with the public and the media to assure that all records, rules and charges pertinent to the cable tele- vision system in the City of Iowa City are made available for inspection at reasonable hours upon reasonable notice. 4. Confer with the Grantee and advise on the interconnection of the City's cable system with other cable and communications systems. 5. Subsequent to the initial franchise, solicit, review and provide recommendations to the City Council for selection of applicants for franchise under this ordinance. 6. Initiate inquiries, receive requests for review of rates charged by the Grantee and provide recommendation on such actions to the City Council. 7.Conduct evaluations of the system at least every three (3) years with the Grantee and, pursuant thereto, Ordinance No. Page 6 make recommendations to the Council concerning system improvements and amendments to this ordinance or any franchise agreement. 8. Establish and administer sanctions as authorized by the City Council to insure compliance with this ordi' nance. 9. To make recommendations to the Grantee of the cable television system and to the educational and governmental users of the educational and governmental access channels. 10. To insure that the Grantee makes the public access channel available to all residents of the City on a nondiscriminatory basis. 11. To assure that the operation of the public access channel be free of program censorship and control. 12. Cooperate with the entities operating access channels as those entities develop rules for such channels. 13. To perform such other duties and functions relative to pubhc access channels as may be appropriate in order to maximize its use among the widest range of individuals, institutions and other organizations within the City. This shall include recommendations to the City Council for utihzation of the annual franchise payment. D. RuIes andregu]ations: The Iowa City Telecommunications Commission shah adopt such rules and regulations as are necessary to carry out its functions and to insure that due notice is given to all parties concerning any hearing on any complaints to said Iowa City Telecommunications Commission and the hearings are held promptly in accordance with reasonable notice to all parties. The Iowa City Telecommunications Commission shall also have such powers to include the election of its own officers. Sec. 12'4-4: Regulatory jurisdiction and procedures. A. Continuing regulatory jurisdiction: The City shall have continuing regulatory jurisdiction and supervision over the operation of any franchise granted hereunder and may from time to time adopt such reasonable rules and regulations as it may deem necessary for the conduct of the business contemplated thereunder. Provided, how- ever, such exercise of rights or powers subsequent to the effective date of a franchise will not impair the rights of the Grantee thereunder, and if locally imposed, place an undue financial burden on such Grantee. B. Regu]atory procedures: 1. The Iowa City Telecommunications Commission shall consider any inquiry or proceeding, excluding those de- scribed in Paragraphs 2 and 3 below, requiring City Council action to be taken in regard to the cable television system or franchise, whether upon application or request by the Grantee or any other party or on its own mo- tion and shall submit such consideration, together with the Iowa City Telecommunications Commission's rec- ommendation, to the City Council. Any action by the City Council on any Iowa City Telecommunications Com- mission recommendation shah be taken only after thirty (30) days notice of said proposed action, inquiry or proceeding is pubhshed in the official newspaper having general circulation and a copy of said notice is served upon the Grantee. The Grantee shall have an opportunity to respond at the hearing and/or in writing. Mem- bers of the public shall have an opportunity to respond or comment in writing on the proposed action and appear at said proceeding or hearing; however, such hearing or proceeding shall be set no later than ninety (90) days after notice to the Grantee and the City Council shah act upon this proceeding within one hundred eighty (180) days of the notice of hearing unless such time is extended by agreement between the City Council and the Grantee. The decision of the City Council shall become a final determination. 2. Rate regulation procedures shall be conducted in accordance with the timeframe established in Division 2, Rate Regulations. 3. The City shall have one hundred twenty (120) days to act upon any request for approval of a transfer that contains or is accompanied by such information as is required in accordance with FCC regulations and by the City. If the City fails to render a final decision on the request within one hundred twenty (120) days, such request shall be deemed granted unless the requesting party and the City agree to an extension of time. 4. The pubhc notice required by this section shall state clearly the action or proposed action to be taken, the time provided for response, including response by the public, the person or persons in authority to whom such responses shah be addressed and such other procedures as may be specified by the City Council. If a hearing is to be held, the pubhc notice shall give the date, location and time of such hearing. The Grantee will be provid- ed with reasonable notice for any hearing conducted in regard to its operation. C. Triennial franchise review: 1. On or about the third and sixth anniversaries of the effective date of the franchise, the City will schedule a pubhc meeting or meetings with the Grantee to review the franchise performance, plans and prospects. The City may require the Grantee to reasonably make available specified records, documents and information for this purpose, and may inquire in particular whether the Grantee is supplying a level and variety of services equivalent to those being generally offered at that time in the industry in comparable market situations. 2. The City shall first confer with the Grantee regarding modifications in the franchise which might impose additional obhgations on the Grantee, and the Grantee may in turn seek to negotiate relaxations in any Ordinance No. Page 7 requirements previously imposed on it which are subsequently shown to be impractical. 3. Within thirty (30) days of the conclusions of such negotiations, the City may direct the Grantee to show cause why specified terms and conditions should not be incorporated into the franchise and the Grantee may similar- ly file with the City a written request that specified obhgations of its franchise be removed or relaxed. Imple- mentation of such requests shall correspond as nearly as possible with the procedures set forth herein. The Iowa City Telecommunications Commission will recommend to Council changes in the franchised rights and obligations of the Grantee only if it finds from all available evidence that such changes will not impair the eco- nomic viability of the system or degrade the attractiveness of the system's service to present and potential subscribers. D. Expiration: Upon completion of the term of any franchise granted under this ordinance, the City may in its sole discretion grant or deny renewal of the franchise of the Grantee in accordance with the provisions of the Cable Act. Sec. 12-4-5: Significance of franchise. A. Franchise nonexcIusive: Any franchise granted hereunder by the City of Iowa City, Iowa, shall not be exclusive and the City reserves the right to grant a franchise to any person, firm, company, corporation or association at any time. The grant of one franchise does not establish priority for use over the other present or future permit or franchise holders or the City's own use of the streets and public grounds. The City shall at all times control the distribution of space in, over, under or across all streets or public grounds occupied by the cable communications system. B. Franchise amendable: The scope of any franchise granted hereunder shall be deemed amendable from time to time by mutual consent, to allow the Grantee and the City to innovate and implement new services and developments. C. Privileges must be specified: No privilege or exemption shall be inferred from the granting of any franchise unless it is specifically prescribed. Nothing in this article shall be deemed to require the granting of a franchise when in the opinion of the Council it would not be in the pubhc interest to do so. D. Aut]writygranted: Any franchise granted hereunder shall give to the Grantee the right and privilege to construct, erect, operate, modify and maintain in, upon, along, above, over and under streets which have been or may hereafter be dedicated and open to public use in the City, towers, antennas, poles, cables, electronic equipment and other network appurtenances necessary for the operation of a cable television system in the City, subject to limitations contained in this ordinance. E. Previous rights abandoned: A franchise granted hereunder shall be in lieu of any and all other rights, privileges, powers, immunities and authorities owned, possessed, controlled or exercisable by a Grantee or any successor pertaining to the construction, operation or maintenance of a cable communications system in the City. The acceptance of a franchise shall operate, as between Grantee and the City, as an abandonment of any and all such rights, privileges, powers, immunities and authorities within the City. All construction, operation and maintenance by the Grantee of any cable system in the City shall be under the franchise and not under any other right, privilege, power, immunity or authority. F. Subject to other regulatory agencies' rules and regulations: The Grantee shall at all times during the life of any franchise granted hereunder be subject to all lawful exercise of the pohce power by the City and other duly authorized regulatory state and federal bodies. G. Pole use agreements required: No franchise granted hereunder shall relieve the Grantee of any obhgation involved in obtaining pole or conduit use agreements from the gas, electric and telephone companies, or others maintaining poles or conduits in the streets of the City, wherever the Grantee finds it necessary to make use of said poles or conduits. H. No right o£property: The award of any franchise hereunder shall impart to the Grantee no right of property in or on City-owned property. I. Franchise binding: All provisions of this article and any franchise granted hereto shall be binding upon the Grantee, its successors, lessees or assignees. J. General City ordinances: Any franchise granted by the City is hereby made subject to the general ordinance provisions now in effect and hereafter made effective. Nothing in the franchise shall be deemed to waive the requirements of the various codes and ordinances of the City regarding permits, taxes, fees to be paid, or manner of construction. K. No ~vaiver o£rights: No course of deahng between the Grantee and the City nor any delay on the part of the City in exercising any rights hereunder shall operate as a waiver of any such rights of the City or acquiescence in the actions of the Grantee in contravention of rights except to the extent expressly waived by the City or expressly provided for in the franchise. Sec. 12-4-6: The cable television franchise. No cable communications system, open video system, or person providing cable service shall be allowed to occupy or use the streets of the City or be allowed to operate within the City without a franchise granted pursuant to Ordinance No. Page 8 this Article. All cable television franchises in the City shall be subject to the terms of this Ordinance. Any franchise granted for an open video system shah comply with all sections of this Article, unless precluded from comphance by specific sections of applicable law. A. Fraz~chise required: No person, firm, company, corporation or association shall construct, install, maintain or operate within any pubhc street in the City, or within any other pubhc property of the City, any equipment or facihties for the distribution of cable service over a cable television system or an open video system to any subscriber unless a franchise authorizing the use of the streets or properties or areas has first been obtained pursuant to the provisions of this article, and unless such franchise is in full force and effect. Any franchise granted for an open video system shall comply with all sections of this Ordinance, unless precluded from compliance with specific sections by Federal or state law, rule, or regulation. B. Franchise applications: Public Notice of Request for Proposals. The City may invite applications for a cable television franchise by means of a public notice advertising the avai]abihty of its Request for Proposals. 1. The pubhc notice shall contain, but need not be limited to: a. A description of the franchise area which is sought. b. A statement that a formal Request for Proposals is available to prospective applicants from a City official whose name, address, and telephone number are specified. c. A statement that applications for the franchise must be submitted in writing in the form and manner specified in the Request for Proposals no later than a date certain. d. A statement that all applications will be made available for pubhc inspection during normal business hours at a specified location. C. Request £or proposals: Prior to inviting any apphcations for any television franchise, the City shall prepare a Request for Proposals that shah contain, but need not be hmited to, the following: 1. A description of the cable television system and services desired by the City including any system specifications established by the City. 2. A statement specifying the form that all applications shall follow. 3. A statement indicating the amount of the application fee (if any) to be submitted with the apphcation, and the manner in which such fee is to be submitted. 4. A statement that all apphcations must contain the information required by the Request for Proposal. 5. The closing date for the submission of applications. 6. The name, address, and telephone number of the City official(s) who may be contacted for further information. D. Review o£ qua]i~c~tJons: Specific permission to operate a cable television system under the provisions of this article may be granted by the City Council of the City to any Grantee after: a review of the legal, character, financial, technical qualifications; an analysis of adequacy and feasibility of the Grantee's construction arrange- ments; an assessment of whether public, educational and governmental access channel and institutional network capacity, equipment, facilities, services, and financial support are reasonable; a determination of whether the proposal meets the future cable communications needs of the City; and a review of the provision of other such information, equipment, services and support as required by the City, and after the City Council has approved the Grantee's qualifications as a part of a public proceeding affording due process. E. City discretion: The City, at its discretion, may reject any apphcation for a franchise. In awarding a franchise, the City: shall allow the applicant's cable system a reasonable period of time to become capable of providing cable service to all households in the franchise area; may require adequate assurance that the cable operator will provide adequate public, educational, and governmental access channels and institutional network capacity, equipment, facilities, services, and financial support; shah determine the ability of the proposal to meet the future cable communications needs of the City; and may require adequate assurance that the cable operator has the financial, technical, or legal quahfications to provide cable service. F. Requirement £or public hearing on reasonable notice: The City shall conduct a public hearing prior to awarding any cable television franchise. The hearing shall be preceded by reasonable notice to each of the franchise apphcants and to the pubhc, and shah be conducted by the City in accordance with the following procedures: 1. There shall be an agenda for the hearing which shall specify the proposal(s) to be considered at the hearing. 2. Every person who has applied for a cable television franchise shah appear at the hearing either in person or by authorized representative. The apphcation of any apphcant not so appearing shall not be further considered, except for good cause shown. 3. All applicants shall be given opportunity to participate in the hearing, but nothing contained herein shall limit the power of the presiding officer to establish reasonable time limits and otherwise limit repetitive statements or questions. 4.The notice of hearing shall: a. Conform to all relevant state and local laws and ordinances. b. Describe the agenda to be considered at the pubhc hearing. Ordinance No. Page 9 c. Indicate that copies of all franchise applications are available for public inspection during normal business hours at a place to be specified in the notice. G. Duration offranc]~ise: Upon filing by the Grantee of the proper acceptance, the bond and the required insurance and security fund, the franchise shall take effect as provided in Section 12-4-10 and shall continue in full force and effect for a term to be set by the Council in the franchise. H. Exemptions.' Paragraphs B, C, D, E, and F of this section do not apply to an incumbent operator afforded renewal rights under Section 626 of the Cable Act. Sec. 12-4-7: Operation of franchise. A. Operation to be in accordance wJt]~ rules: The Grantee shall maintain and operate its cable television system in accordance with the Rules and Regulations of the Federal Communications Commission, the State of Iowa and/or the City as are incorporated herein or may be promulgated. B. ~rnterruption of $ervYce; noti[icatYon: The Grantee, whenever it is necessary to interrupt service over the cable television system for the purpose of network maintenance, alteration or repair, shall do so at such time as will cause the least amount of inconvenience to the subscribers, and unless such interruption is unforeseen and immediately necessary, the Grantee shall give reasonable notice thereof to the affected subscribers. C. Office andphone for complaints: The Grantee shall maintain an office within the City hmits which shall be open during all normal business hours, including some week night and Saturday hours, have a listed local telephone number and be so operated that complaints and requests for repairs or adjustments may be received at any time. D. Service records maintained: The Grantee shall at all times make and keep a hst of all complaints and interruptions or degradation of service received or experienced during the term of franchise. The records maintained above shall also include complaint response time and service restoration period and shall be continuously open to inspection, examination or audit, subject to subscriber privacy rights pursuant to Section 631 of the Cable Act, by any duly authorized representahve of the City or member of the pubhc. E. Grantee ruies and regulations: The Grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonable and necessary to enable the Grantee to exercise its rights and perform its obhgations under this article and any franchise granted hereunder. 1. Rules to be in conformance with other regulations: None of such rules, regulations, terms and conditions promulgated under subsection (i) above shall be in conflict with the provisions hereof or the laws of the state, or the Rules and Regulations of the Federal Communications Commission or any rules and regulations promulgated by the City in the exercise of their regulatory authority granted hereunder. 2. All rules to be filed with City: Three (3) copies of all rules, regulations, terms and conditions promulgated under subsection (i) above; together with any amendments, additions or deletions thereto, shall be kept currently on i~fle with the City Clerk and another copy thereof shall be maintained for pubhc inspection during normal business hours at Grantee's office in the City and the copy shall be provided to the Iowa City Telecommunications Commission; no such rules, regulations, terms, conditions or amendments, additions or deletions thereto shall take effect unless and until so filed and maintained. This paragraph is not intended to apply to the Company's personnel and other internal rules and regulations. F. Subscribers' anternas: The Grantee shall not require the removal or offer to remove or provide any inducements for removal of any potential or existing subscriber's antenna as a condition of provision of service. G. Antenna $witc]~: The Grantee, upon request from any subscriber, shall install at a reasonable charge a switching device to permit a subscriber to continue to utihze the subscribers own television antenna. H. Servlce response: The Grantee shall provide same day service response, seven (7) days a week for all complaints and requests for repairs or adjustments received prior to 2:00 p.m. each day. In no event shall the response time for calls received subsequent to 2:00 p.m. exceed twenty-four (24) hours. I. State oft]~e art: This section shall be reviewed by the City during its triennial reviews whose timeframes are set forth in Section 12-4-4 (C). In the event that the Grantee, its parent company, management firm or affiliates have installed state of the art improvements in any system of similar size owned by Grantee, its parent company, management firm or affiliates, which increase channel capacity and provide additional cable service, make bi- directional capacity operational from the home, provide improvements in technological performance, provide for interactive services, and/or other substantial improvements, then the Grantee shall make said improvements available to the City of Iowa City subscribers within one (1) year. The City shall hold a hearing to determine whether state of the art technology is required hereunder. Such hearing shall afford the Grantee an opportunity to make a presentation on the state of the art and whether the conditions specified herein indicate that a state of the art change is needed. The City may require the Grantee to implement state of the art changes which meet the threshold specified herein. Ordinance No. Page 10 Sec. 12-4-8: Rights reserved to the City. A. Governing requirement: At all times during the term of the franchise, Grantee shall comply with all laws, rules or regulations of the City, state or federal governments, their regulatory agencies or commissions which are now apphcable or may be applicable hereafter to the construction and operation of the cable communications system, including without limitation, all laws, ordinances, or regulations now in force or hereafter enacted. Nothing herein shall be deemed a waiver of Grantee's right to challenge the validity of any such law, rule or regulation. B. Change iz~ ]a~r or regulation: Notwithstanding any other provisions of this ordinance to the contrary, the Grantee shall at all times comply with all laws and regulations of the local, state and federal government. In the event that any actions of the state or federal government or any agency thereof, or any court of competent jurisdiction upon final adjudication, substantially reduce in any way the power or authority of the City under this ordinance or the franchise, or if in compliance with any local, state, or federal law or regulation, the Grantee finds conflict with the terms of this ordinance, the franchise, or any law or regulation of the City, then as soon as possible following knowledge thereof, the Grantee shall notify the City of the point of conflict believed to exist between such law or regulation and the laws or regulations of the City, this ordinance and the franchise. The city, at its option, may notify the Grantee that it wishes to negotiate those provisions which are affected in any way by such modification in regulations or statutory authority. Thereafter, the Grantee shall negotiate in good faith with the City in the development of alternate provisions which shall fairly restore the City to the maximum level of authority and power permitted by law. The City shall have the right to modify any of the provisions to such reasonable extent as may be necessary to carry out the full intent and purpose of this ordinance and the franchise, subject to apphcable federal and state law. C. Authority: The City reserves the right to exercise the maximum plenary authority, as may at any time be lawfully permissible, to regulate the cable television system, the franchise and the Grantee. Should applicable legislative, judicial or regulatory authorities at any time permit regulation not presently permitted to the City, the City and the Grantee shall negotiate in good faith to determine what additional regulation by the City shall be permissible. D. Right o£amendment reserved to City: The City may from time to time, add to, modify or delete provisions of this article as it shall deem necessary in the exercise of its regulatory powers. Provided, however, such exercise of rights or powers subsequent to the effective date of a franchise will not impair the rights of the Grantee thereunder, and if locally imposed, place an undue financial burden on such Grantee. Such additions or revisions shall be made only after a public hearing for which the Grantee shall have received written notice at least thirty (30) days prior to such hearing. E. Grantee agrees to City's rights: The City reserves every right and power which is required to be reserved or provided by an ordinance of the City, and the Grantee by its acceptance of the franchise agrees to be bound thereby and to comply with any action or requirements of the City in its lawful exercise of such rights or powers which have been or will be enacted or estabhshed, subject to federal and state law. F. City's right o£intervention: The City shall have the right to intervene and the Grantee specifically agrees by its acceptance of the franchise not to oppose such intervention by the City in any suit or proceeding to which the Grantee is a party, provided, however, Grantee shall not be obhgated to indemnify the City for any such suit. G. Porters o£ the City: Neither the granting of any fi. anchise nor any provision governing the franchise shall constitute a waiver or bar to the exercise of any governmental right or power of the City. H. City's right oFiz~spection: The City reserves the right during the life of any franchise granted hereunder to inspect all system facilities and property and supervise all construction or installation work performed subject to the provisions of this article and to perform network measurements to insure comphance with the terms of the article. I. City's right o£ acquisition: Upon expiration of the term of the franchise or revocation or other termination as provided by law, the City shall have the right to purchase the cable television system as specified in Section 12'4' ll,D. City's right o£net,zork installation: The City reserves the right during the life of any franchise granted hereunder to install and maintain free of charge upon or in the poles and conduits of the Grantee any wire and pole t'~xtures necessary for municipal networks, on the following conditions: that such installation and maintenance thereof does not interfere with the operation of the Grantee; that such fixtures be used for governmental and educational purposes, and the City agrees to indemnify the Grantee for such use. Sec. 12'4'9: Apphcations for franchise. No franchise may be granted until the applicant has successfully completed the application procedure. A. Proposa] bond and £i]ing £ee: Ailapplicantsmustprovideaproposalbondasrequiredhereinandpayanonrefun' dable filing fee to the City of ten thousand dollars ($10,000.00) the time the application is submitted. This bond and filing fee does not apply to an incumbent operator afforded renewal rights under Section 626 of the Cable Act. B. Request for proposal: All applicants must complete the request for proposal (RFP) issued by the City which shall include but not be bruited to the following: Ordinance No. Page 11 1. Name and addr. ess of apphcant: The name and business address of the applicant, date of application and signature of applicant or appropriate corporate officer(s). 2. Description of proposed operation: A general description of the applicant's proposed operation, including but not limited to business hours, operating staff, maintenance procedures beyond those required in the article, management and marketing staff complement and procedures and, if available, the rules of operation for pubhc access. 3. Signal carriage: A statement of the television and radio services to be provided, including both off-the-air and locally originated signals. 4. Special services: A statement setting forth a description of the automated services proposed as well as a description of the funds, services, and production facilities to be made available by the Grantee for the public, mumcipal and educational channels required to be made available by the provisions of this article. 5.Schedule of charges: A statement of the applicant's proposed schedule of charges as set forth herein. 6. Corporate organization: A statement detailing the corporate organization of the applicant, if any, including the names and addresses of its officers and directors and the number of shares held by each officer and director. 7. Stockholders: A statement identifying the number of authorized outstanding shares of apphcant's stock including a current list of the names and current addresses of its shareholders holding three (3%) per cent or more of applicant's outstanding stock. 8. Intra-company relationships: A statement describing all intra-company relationships of the applicant, including parent, subsidiary or affiliated companies. 9. Agreements and understandings: A statement setting forth all agreements and understandings, whether written or oral, existing between the applicant and any other person, firm, group or corporation with respect to any franchise awarded hereunder and the conduct of the operation thereof existing at the time of proposal submittal. 10. Financial statement: If applicant is a corporation, audited financial statements for the two (2) previous fiscal years. If apphcant is a partnership, copies of the U.S. Partnership Return of Income (IRS Form 1065) for the two (2) previous fiscal years. If the applicant is a sole proprietorship, copies of the U.S. Individual Income Tax Return (IRS Form 1040) for the two (2) previous fiscal years. 11. Financial projection: A ten'year operations pro forma which shall include the initial and continuous plant investment, annual profit and loss statements detailing income and expenses, annual balance sheets and annual levels of subscriber penetration. Costs and revenues anticipated for voluntary services shall, if presented, be incorporated in the pro forma as required in this article, but shall be separately identified in the pro forma. 12. Financial support: Suitable written evidence from a recognized financing institution, addressed to both the applicant and to the City, advising that the applicant's financial ability and planned operation have been analyzed by the institution, and that the financing institution is prepared to make the required funds available to applicant f it is awarded a franchise. 13. Construction timetable: A description of system construction including the timetable for provision and extension of service to different parts of the City. 14. Technical description: A technical description of the type of system proposed by the applicant, including but not limited to, system, configuration (i.e.) hub, dual cable), system capacity, two-way capability, etc. 15. Technical statement: A statement from the applicant's senior technical staff member or consultant advising that he/she has reviewed the network description, the network technical standards, performance measurements, channels to be provided, service standards, construction standards and conditions of street occupancy as set forth in or required by this ordinance, and that the applicant's planned network and operations will meet all said requirements. 16. Existing franchises: A statement of existing franchises held by the applicant including when the franchises were issued and when the systems were constructed and the present state(s) of the system(s) in each respective governmental unit, together with the name and address and phone number of a responsible governmental official knowledgeable of the applicant. 17. Convictions: A statement as to whether the apphcant or any of its officers or directors or holders of three (3) per cent or more of its voting stock has in the past ten (10) years been convicted of or has charges pending for any crime other than a simple misdemeanor traffic offense, and the disposition of such case. 18. Operating experience: A statement detailing the prior cable television experience of the applicant including that of the applicant's officers, management and staff to be associated, where known, with the proposed fran- chise. 19. Franchise renewal information: Subject to Section 626 of the Cable Act, if an application is for renewal of a franchise, the proposal must include, in addition to the information required in subsections (1) through (18) above: Ordinance No. Page 12 a. A summary of the technical, financial and programming history of the network since the granting of the original franchise. b. A statement and timetable that'outlines all proposed changes, expansion or improvements in the system as to services, programming or technical specifications during the forthcoming three-year review period. C. Specialinterests: In order to maximize the potential of the cable television system, comparative evaluations of apphcations will reflect the City's special interest in the following areas: 1. Programming and production assistance: A proposal for funding facilities, equipment or personnel beyond those required elsewhere to be designated to effect and promote public, educational, and government access, and community programming development. 2. Discrete carriage capacity: A proposal for the origination, experimental uses and/or interconnection by or of agencies specified in Section 12-4-17 for speciahzed needs and a plan accommodating such future needs as may arise. 3. Bi-directional capacity: A proposal for effectuating the cable television system's bi-directional capacity and inte- gration of the City's interactive system. 4. Multi-origination: A proposal for system construction in such a way that it is possible to allow occasional simultaneous cablecasting of different programs on the same channel to different parts of the City. 5. University of Iowa: A proposal for interconnecting the City's cable television system with a University of Iowa cable network as specified by the university so that residents of the City will benefit from the university's resources. 6.Converters: A proposal for inclusion of converters or other subscriber technology as part of the basic service. 7. Institutional network: A proposal to provide bi-directional interconnection of video, voice, audio and data among public sector locations and interconnect to the subscriber network. 8. Home interactive: A proposal to provide two-way services to subscribers' homes. D. Additional requirements: The application for franchise shall respond specifically, and in sequence, to the RFP. Twenty (20) copies of the apphcation shall be supplied to the City. The City may, at its discretion, consider such additional information as part of the application. E. Supplementation to applications: The City reserves the right to require such supplementary, additional or other information as the City deems reasonably necessary for its determinations. Such modifications, deletions, addi- tions or amendments to the application shall be considered only if specifically requested by the City. Sec. 12-4'10: Acceptance and effective date of franchise. A. Franc]~ise acceptance procedures: Any franchise awarded hereunder and the rights, privileges and authority granted thereby shall take effect and be in force from and after the sixtieth (60th) day following the award thereof, provided that within sixty (60) days following award from the effective date the Grantee shall file with the City the following: 1. A notarized statement by the Grantee of unconditional acceptance of the franchise, and 2. A certificate of insurance as set forth in Section 12-4-14, and 3. A letter of credit as set forth in Section 12-4-15 herein, and 4. Reimbursement to the City for the costs of pubhcation of this article, and cost of the initial franchising process, and 5. Written notification of the Grantee's location and address for mail and official notifications from the City. B. Forfeiture of proposal bond: Should the Grantee fail to comply with subsection (A) above, it shall acquire no rights, privileges or authority under this article whatever, and the amount of the proposal bond or certified check in lieu thereof, submitted with its application, shall be forfeited in full to the City as liquidated damages. C. Grantee to ]~ave no recourse: The Grantee shall have no monetary recourse whatsoever against the City for any loss, cost, expense or damage arising out of any provision or requirement of this article or its regulation or from the City's lawful exercise of its authority to grant additional franchises hereunder. This shall not include negligent acts of the City, its agents or employees. D. Acceptance of power and aut]~ority of City: The Grantee expressly acknowledges that in accepting any franchise awarded hereunder, it has relied upon its own investigation and understanding of the power and authority of the City to grant this franchise. E. £nduceme~ts not offered: The Grantee, by accepting any franchise awarded hereunder acknowledges that it has not been induced to enter into the franchise by any understanding or promise or other statement, whether verbal or written, by or on behalf of the City concerning any term or condition of this franchise that is not included in this article. Sec. 12-4-11: Termination of franchise. A. Grounds for revocation: The City reserves the right to revoke any franchise and rescind all rights and privileges associated with the franchise in the following circumstances: Ordinance No. Page 13 1. If the Grantee should default in the performance of any of its material obhgations under this article or the franchise and fails to cure the default within sixty (60) days after receipt of written notice of the default from the City, or such longer time as specified by the City. 2. If the Grantee should fail to provide or maintain in full force and effect the construction bond, letter of credit and liability and indemnification coverages as required in this article. 3. If a petition is filed by or against the Grantee under the Bankruptcy Act or any other insolvency or creditors' rights law, state or federal, and the Grantee shall fail to have it dismissed. 4. If a receiver, trustee or liquidator of the Grantee is applied for or appointed for all or part of the Grantee's assets. 5.If the Grantee makes an assignment for the benefit of creditors. 6. If the Grantee violates any order or ruling of any State or Federal regulatory body having jurisdiction over the Grantee, unless the Grantee or any party similarly affected is lawfully contesting the legality or applicability of such order or ruhng and has received a stay from a Court of appropriate jurisdiction. 7.If the Grantee evades any of the provisions of this ordinance or the franchise. 8.If the Grantee practices any fraud or deceit upon the City or cable subscribers. 9. Subject to Sections 12-4-19 and 12'4-20, if the Grantee's construction schedule is delayed later than the schedule contained in the franchise or beyond any extended date set by the City. 10. If the Grantee materially misrepresents facts in the apphcation for a franchise. 11. If the Grantee ceases to provide services over the cable communications system for seven (7) consecutive days for any reason within the control of the Grantee. 12. If the Grantee fails to comply with any material access provisions of this ordinance or the franchise. B. Procedure prior to revocation: Upon the occurrence of any of the events enumerated in subsections (A) (1), (2), (il), (12), and (13) of this section, the City Council may, after hearing, upon thirty (30) days' written notice to the Grantee citing the reasons alleged to constitute cause for revocation, set a reasonable time in which the Grantee must remedy the cause. If, during the thirty-day period, the cause shall be cured to the satisfaction of the City, the City may declare the notice to be null and void. If the Grantee fails to remedy the cause within the time specified, the Council may revoke the franchise. In any event, before a franchise may be terminated, the Grantee must be provided with an opportunity to be heard before the City Council. C. Effect of pending litigation: Unless a stay is issued by a Court of appropriate jurisdiction, pending litigation or any appeal to any regulatory body or court having jurisdiction over the Grantee shah not excuse the Grantee from the performance of its obligations under this ordinance or the franchise. Failure of the Grantee to perform material obligations because of pending litigation or petition may result in forfeiture or revocation pursuant to the provisions of this section. D. Purchase of system by City: If a renewal of a franchise held by a Grantee is denied and the City acquires ownership of the cable system or effects a transfer of ownership of the system to another person, any such acquisition or transfer shall be: 1. At fair market value, determined on the basis of the cable system valued as a going concern but with no value allocated to the franchise itself, or 2. In the case of any franchise existing on the effective date of this title, at a price determined in accordance with the franchise if such franchise contains provisions applicable to such an acquisition or transfer. 3. If a franchise held by the Grantee is revoked for cause and the City acquires ownership of the cable system or effects a transfer of ownership of the system to another person, any such acquisition or transfer shall be at an equitable price. E. Restoration of public and private property: In removing its plants, structures and equipment, the Grantee shall refill at its own expense any excavation made by it and shall leave all public ways and places and private property in as good condition as existed prior to the Grantee's removal of its equipment and apphances, without affecting the electric or telephone cables, wires or attachments. The City shah inspect and approve the condition of the public ways and public places and cables, wires, attachments and poles after removal. Liability insurance, indemnity, the performance bond and security fund provided in this article shall continue in full force and effect during the period of removal. F. Restoration by City, reimbursement o£costs: If the Grantee fails to complete any work required by subsection (D) above or any work required by other law or ordinance within the time estabhshed and to the satisfaction of the City, the City may cause such work to be done and the Grantee sha~ reimburse the City the costs thereof within thirty (30) days after receipt of an itemized hst of such costs, or the City may recover such costs as provided in this article. G. Lesser sanctions: Nothing shall prohibit the City from imposing lesser sanctions or censures than revocation. H. Expiration; extended operation: Upon the expiration of a franchise, the City may, by resolution, on its own motion or request of the Grantee, require the Grantee to operate ~he franchise for an extended period of time not to exceed Ordinance No. Page 14 six (6) months from the date of any such resolution under the same terms and conditions as specified in this ordinance and the franchise. All provisions shall continue to apply to operations during an extension period. The City shall serve written notice at the Grantee's business office of intent to extend under this section at least thirty (30) days prior to expiration of the original franchise or any extensions thereof. Sec. 12-4-12: Reports and records of the Grantee. A. Annual financial reports required: The Grantee shall file annually with the City Clerk not later than three (3) months after the end of its fiscal year during which it accepted a franchise hereunder and within four (4) months after the end of each subsequent fiscal year, two (2) copies of.' 1. The report to its stockholders; and 2. An annual, fully-audited and certified revenue statement from the previous calendar year for the Iowa City system, including subscriber revenue from each category of service and every source of non-subscriber reve- nue. B. Annual £acilities'report required: Within thirty (30) days of a request by the City, the Grantee shall file annually with the City Clerk two (2) copies of a total facilities report setting forth the total physical miles of plant installed or in operation during the fiscal year and a strand map showing the location of same. C. A~nua] ser~zice record report required: The Grantee shall make available to the City for its inspection at the Grantee's office, a list of all trouble complaints and network downtime received or experienced during the fiscal year. All such submitted data shall also include complaint disposition and response time. D. Annual r~easurer~ents report required: The Grantee shall within thirty (30) days of a request by the City, provide two (2) copies of a report on the network's technical measurements, as set forth herein. E. Tests required by City: Technical tests required by City as specified in this ordinance and the franchise shall be submitted within fourteen (14) days of notfication. F. A~nua] operations reports required: The Grantee shall file annually with the City Clerk not later than three (3) months after the end of its fiscal year during which it accepted a franchise hereunder and within four (4) months after the end of each subsequent fiscal year two (2) copies of the following supplemental information: 1. If a nonpubhc corporation, a hst of all current shareholders and bondholders both of record or beneficial. If a public corporation, a list of all shareholders who individually or as a concerted group hold five (5) per cent or more of the voting stock of the corporation. 2. A current list of all Grantee's officers and directors including addresses and telephone numbers. 3. The names of both business and residential addresses and phone numbers of the cable television system resident manager and engineer. 4. Two (2) copies of all types of subscriber agreements. Copies of individual subscribers' agreements are not to be filed with the City. 5. Copies of all rules and regulations promulgated by the Grantee during the fiscal year in the conduct of its business in accordance with the provisions of this ordinance. 6. A copy of the annual report(s) of the parent firm(s) which own an interest of more than three (3) per cent or more of the voting stock of the Grantee; and such other annual report(s) of subsidiaries or divisions of the parent firm(s) as the City deems necessary for the enforcement of this ordinance and the franchise. G. A~nua] subscriber noti£ication: Copies of all annual subscriber notifications required by the Federal Communications Commission. H. App!'ication £or certi£1cate o£ co~r~p]1ance: The Grantee shall give formal notice to the City that it is seeking a certificate of compliance from the Federal Communications Commission. Within five (5) calendar days upon filing such a request with the Federal Communications Commission, the Grantee shall file two (2) copies of its application for certification with the City Clerk. I. Pub]ic availability o£reports: Such documents and reports as required under this article must be available to the public in the office of the City Clerk, during normal business hours. Subscribers shall be notified of the availabihty of such reports in ways approved by the Iowa City Telecommunications Commission. J. Correspondence: The Grantee shall, upon request of the City, file with the City Clerk a copy of each petition, application and communications transmitted by the Grantee to, or received by the Grantee from, any federal, state or other regulatory commissions or agencies having competent jurisdiction to regulate and pertaining to the operations of any cable television system authorized hereunder. Ordinance No. Page 15 K. City'~ access to records: 1. The City reserves the right during the life of any franchise granted hereunder to have access, necessary for the enforcement of the ordinance and the franchise, at all normal business hours and, upon the giving of reasonable notice, to all of the Grantee's books, necessary for the enforcement of contracts, engineering plans, income tax returns, accounting reports, financial statements and service records and other like materials relating to the property and the operation under the franchise, and to aH other records required to be kept hereunder. Nothing contained herein shall prevent the Grantee from enjoining the City from reviewing documents relating to proprietary interests not related to its operation under this article in the City's regulatory program. 2. Additional reports. The Grantee shall prepare and furnish to the City at the times and in the form prescribed, such additional reports with respect to its operation, affairs, transactions or property, as may be reasonably necessary and appropriate to the performance of any of the rights, functions or duties of the City in connection with this ordinance or the franchise. 3. The Grantee acknowledges that the reports, books and records which must be prepared and furnished to the City in connection with this ordinance or a franchise granted under the ordinance may constitute pubhc records under state law and the Grantee may be required to permit examination and copying of such records upon request. If the City receives a demand from any person for disclosure of any information, which the Grantee has designated as confidential, the City shall immediately advise the Grantee of the request and provide the Grantee with a copy of any written request. L. Proo£o£boz~ds and ~nsurance: Grantee shall submit to the City the required bond, or a certified copy thereof and all certificates of insurance required by this ordinance. Sec. 12-4' 13: Franchise payment. A. _Filing fee: Applicants for an initial franchise hereunder shall pay a nonrefundable filing fee to the City of ten thousand dollars ($10,000.00) which sum shall be due and payable at the time of submission of the application. B. _Franchising compensation: Grantees of a franchise hereunder shall provide an initial payment to the City in an amount equal to the direct costs of granting the initial franchise including but not limited to consultants fees, which sum shall be due and payable concurrently with the Grantee's acceptance of the franchise, to offset the City's costs in the franchise awarding process. C. A~nua] £ranchise payment: Grantees of a franchise hereunder shall pay to the City an annual fee in an amount equal to five (5) per cent of the annual gross revenues, as defined herein, in lieu of all other City's permits and fees, to be utilized by the City to offset its cable television related regulatory and administrative costs and to maximize awareness and use of the public, education, and governmental access and institutional network capacity. If the maximum franchise fee allowed by law is greater than five (5) percent, the City may require the higher amount. The franchise payment shall be in addition to any other payment owed to the City by the Grantee and shall not be construed as payment in lieu of municipal property taxes or other state, county or local taxes. The City shall provide the Grantee written notice forty-five (45) days prior to collection of an increased franchise fee. D. Method o£computatJoz~; interest: 1. Sales taxes or other taxes levied directly on a per subscription basis and collected by the Grantee shall be deducted from the local annual gross revenues before computation of sums due the City is made. Payments due the City under the provisions of subsection C. above shall be computed quarterly as of March 31, June 30, September 30 and December 31 for the respective quarters of each year ending on said dates and shall be paid quarterly within three (3) months after each respective computation date at the office of the City Clerk during the City Clerk's regular business hours. The payment period shall commence as of the effective date of the franchise. The City shall be furnished a statement with each payment, by the Grantee's Division Controller, reflecting the total amounts of gross revenue and the above charges, deductions and computations, for the quarterly payment period covered by the payment. 2. In the event that any payment is not made as required, interest on the amount due, as determined from the annual gross revenues as computed by a certified public accountant shall accrue from the date of the required submittal at an annual rate of twelve (12) per cent. The percentages designated in this section may be amended no more than once each year by the City Council, consistent with increased costs for municipal facilities and supervision and applicable rules of other regulatory agencies. E. RY~hts o£recomputation: No acceptance of any payment by the City shah be construed as a release or as an accord and satisfaction of any claim the City may have for further or additional sums payable as a franchise fee under this article of for the performance of any other obligation of the Grantee. All amounts paid shall be subject to audit and recomputation by the City. Ordinance No. Page 16 Sec. 12-4-14: Liability and indemnification. A. £ndemnification of franchise: It shall be expressly understood and agreed by and between the City and any Grantee hereunder that the Grantee shall save the City harmless from all loss sustained by the City on account of any suit, judgment, execution, claim or demand which the City may legally be required to pay as a result of the enactment of this article and the award of a franchise to Grantee, except as such suit, judgment, execution, claim or demand may arise from the process or action of selection of a Grantee or Grantees for award of a franchise as provided herein. B. Indemnification o£ Citff in franchise operation: It shall be expressly understood and agreed by and between the City and any Grantee hereunder that the Grantee shall save the City and its agents and employees harmless from and against all claims, damages, losses and expenses, including attorney's fees sustained by the City on account of any suit, judgment, execution, claim or demand whatsoever arising out of the installation, operation or maintenance of the cable television system by the Grantee, its employees or agents, as authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited by this article and any franchise granted hereunder. This provision shall not apply to acts of the City, its agents or employees. C. Reimbursement of costs: The Grantee shall pay and by its acceptance of any franchise granted hereunder agrees that it will pay all expenses and costs incurred by the City in defending the City with regard to all damages and penalties mentioned in subsections (a) and (b) above except as such expenses may arise from the process (as above). Should the City decide to hire its own defense, such expenses will be borne by the City. D. Pub]ic liability insurance: The Grantee shall maintain and by its acceptance of any franchise granted hereunder agrees that it will maintain throughout the term of the franchise, any extensions thereto or as required in this ordinance, a general comprehensive liability insurance policy naming as the additional insured the City, its officers, boards, commissions, agents and employees, in a company registered in the State of Iowa, and which maintains a BEST's rating of A- or better, in forms satisfactory to the City Manager, protecting the City and all persons against liability for loss or damage, occasioned by the operations of Grantee under any franchise granted hereunder, in the amounts of: 1. Two million ($2,000,000.00) for bodily injury or death to any one person, within the limit, however, of three million dollars ($3,000,000.00) for bodily injury or death resulting from any one accident, and 2. One million ($1,000,000.00) for property damage resulting from any one accident. E. Automobile liability insurance: The Grantee shall maintain, and by its acceptance of any franchise granted hereunder specifically agrees that it will maintain throughout the term of the franchise, automobile liability insurance for owned, non-owned, or rented vehicles in the minimum amount of: 1. $1,000,000 for bodily injury and consequent death per occurrence; 2. $1,000,000 for bodily injury and consequent death to any one person; and 3. $500,000 for property damage per occurrence. F. Insured: At any time during the term of the franchise, the City may request and the Grantee shall comply with such request, to name the City as an additional insured for all insurance policies written under the provisions of this ordinance or the franchise. G. InrTation: To offset the effects of inflation and to reflect changing liability h~nits, all of the coverages, limits, and amounts of the insurance provided for herein are subject to reasonable increases at the end of every three (3) year period of the franchise, applicable to the next three year period, at the sole discretion of the City, upon a finding by the City of increased insurance risks requiring such changed limits. H. Notice of cancellation or reduction oF coverage: The insurance policies mentioned above shah contain an endorsement stating that the pohcies are extended to cover the liability assumed by the Grantee under the terms of this article and shall contain the following endorsement: This policy may not be canceled nor the amount of coverage thereof reduced until thirty (30) days after receipt by the City Manager of a written notice of such intent to cancel or reduce the coverage. I. Evidence of insurance filed with City Manager: All certificates of insurance shall be filed and maintained with the City Manager during the term of any franchise granted hereunder or any renewal thereof. J. Extent of liability: Neither the provisions of this article nor any insurance accepted by the City pursuant hereto, nor any damages recovered by the City thereunder, shall be construed to excuse faithful performance by the Grantee or limit the liability of the Grantee under any franchise issued hereunder or for damages, either to the full amount of the bond or otherwise. K. Insurance for contractor and subcontractors: Grantee shall provide coverage for any contractor or subcontractor involved in the construction, installation, maintenance or operation of its cable communications system by either obtaining the necessary endorsements to its insurance policies or requiring such contractor or subcontractor to obtain appropriate insurance coverage consistent with this section and appropriate to the extent of its involvement in the construction, installation, maintenance or operation of Grantee's cable communications system. Ordinance No. Page 17 Sec. 12-4-15: Bonds. A. Proposal bond: Each applicant for an initial franchise hereunder shall submit a proposal bond in a form acceptable to the City Manager or a certified check on a bank that is a member of the Federal Deposit Insurance Corporation, payable to the order of the City in an amount of twenty-five thousand dollars ($25,000.00). Said bond shall remain in effect until such time as the apphcant accepts the franchise and furnishes both the construction bond and the letter of credit as provided herein. B. Construction bond: The Grantee shall maintain and by its acceptance of any franchise granted hereunder agrees that it will maintain through the rebuild or construction of the cable television system as required by this ordinance, a faithful construction bond running to the City, with at least (2) good and sufficient sureties or other financial guaranties approved by the City Manager, in the penal sum total of one million dollars ($1,000,000.00) conditioned upon the faithful performance of the Grantee in the construction or rebuild of a cable television system complying with related provisions of this ordinance and the franchise, and upon the further condition that if the Grantee shall fail to comply with any law, ordinance or regulation governing the construction or rebuild of the cable television system, there shall be recoverable jointly and severally from the principal and surety of the bond, any damages or loss suffered by the City as a result, including the full amount of any compensation, indemnification, or cost of repair, construction, removal or abandonment of any property of the Grantee, plus a reasonable allowance for attorney's fees and costs, up to the full amount of the bond. In addition, failure to meet construction deadlines shall result in forfeiture of said bond or withdrawal from the construction bond. The bond shall contain the following endorsement: This pohcy may not be canceled nor the amount of coverage thereof re- duced until thirty (30) days after receipt by the City Manager of a written notice of such intent to cancel or reduce the coverage. C. Re]ease o£the bond: Upon the City's determination that the construction or rebuild of a cable television system is complete, the Grantee shall be notified by the City that the bond required under this section shall be released. D. Letter o£credit: 1. The Grantee shall obtain, maintain, and file with the City an irrevocable letter of credit from a financial insti- tution acceptable to the City and hcensed to do business in the State in an amount of seventy-five thousand ($75,000.00), naming the City as beneficiary for the faithful performance by it of all the provisions of this franchise and comphance with all orders, permits and directions of any agency of the City having jurisdiction over its acts or defaults under this contract and the payment by the Grantee of any claims, liens and taxes due the City which arise by reason of the construction, operation or maintenance of the system. The letter of credit shah be released only upon expiration of the franchise or upon the replacement of the letter of credit by a successor Grantee. 2. Within thirty (30) days after notice to it that any amount has been withdrawn from the letter of credit pursu- ant to subsection D.1. of this section, the Grantee shall pay to, or deposit with, the City Clerk a sum of money or securities sufficient to restore such security fund to the original amount of seventy-five thousand dollars ($75,000.00) up to a total during the franchise term of $500,000. 3. If the Grantee fails to pay to the City any compensation required pursuant to this article within the time fixed herein; or, fails, after ten (10) days' notice to pay to the City any taxes due and unpaid; or, fails to repay to the City, within such ten (10) days, any damages, costs or expenses which the City shall be compelled to pay by reason of any act or default of the Grantee in connection with this franchise; notice of such failure by the office of the City Manager, to comply with any provisions of this contract which the office of the City Manager reasonably determines can be remedied by an expenditure of the letter of credit, the City Clerk may immediately withdraw the amount thereof, with interest and any penalties, from the security fund. Upon such withdrawal, the City Clerk shah notify the Grantee of the amount and date thereof. 4. If the Grantee wishes to contest withdrawal, the Grantee may petition to the Iowa City Telecommunications Commission for a hearing within ten (10) days from date notice of withdrawal is mailed or otherwise given. E. Replenishment o£ letter of credJt and construction bond: No later than thirty (30) days, after maihng to the Grantee by certified mail notification of a withdrawal pursuant to paragraphs C and D above, and after the total amount of funds in the letter of credit is $50,000, the Grantee shall replenish the letter of credit or construction bond in an amount equal to the amount so withdrawn. Failure to make timely replenishment of such amount to the letter of credit and construction bond shall constitute a violation of this Ordinance. Sec. 12-4-16: Fees, rates and charges. A. Schedule fi]~ngs: Subject to Federal law, Grantee shall file with the City schedules which shall describe all services offered, aH rates and charges of any kind, and all terms and conditions relating thereto. No rates or charges shall be effective except as they appear on a schedule so filed. Grantee shall notify the City and subscrib- ers in writing at least thirty (30) days prior to the implementation of any change in services offered, rates charges, or terms and conditions related thereto. B. Nondiscriminatory rates: Unless otherwise allowed by FCC regulation, Grantee shall establish rates that are Ordinance No. Page 18 nondiscriminatory within the same general class of subscribers which must be apphed fairly and uniformly to all subscribers in the franchise area for all services. Nothing contained herein shall prohibit the Grantee from offering (i) discounts to commercial and multiple family dwelling subscribers billed on a bulk basis; (ii) promotional discounts; (iii) reduced installation rates for subscribers who have multiple services; or (iv) discount for senior citizens and/or low income residents. Grantee's charges and rates for all services shall be itemized on subscriber's monthly bills. C. Cityregu]ation: To the extent that federal or state law or regulation may now, or as the same may hereafter be amended to, authorize the City to regulate the rates for any particular service tiers, service packages, equipment, or any other services provided by Grantee, the City shall have the right to exercise rate regulation to the full extent authorized by law, or to refrain from exercising such regulation for any period of time, at the sole discretion of the City. D. Rate regulation oFthe basic tier and charges: The City wiU follow FCC Rate Regulations. In connection with such regulation, the City will ensure a reasonable opportunity for consideration of the views of interested parties; and the City Attorney, or designee, is authorized to execute on behalf of the City and file with the FCC such certification forms or other instruments as are now or may hereafter be required by the FCC Rate Regulations. E. Ability to petition: If applicable, the City shall have the right to petition the Federal Communications Commission or other appropriate agency or organization to obtain rate regulation authority or to petition the federal body to review or regulate rates in the City. F. NotYScation oFcharges: The Grantee may establish charges for its services not specified in subsection (a) above; however, all such charges, including but not hmited to additional service, leased channel, discrete channel, and production rates shall be made public and two (2) copies of the schedule of charges, as originally and thereafter modified, shall be filed with the City Clerk thirty (30) days prior to the effective date of such changes. G. Deposits on advance payments to be approved: The Grantee shall receive no deposit, advance payment or penalty from any subscriber or potential subscriber other than those estabhshed in the schedule of charges previously filed with and/or approved by the City Council. H. Purchase oFswitch: In the event that the FCC does not regulate antenna switches, and/or that a switch or other appurtenant device is required to permit subscribers to receive full broadcast network service, the Grantee shall give the subscriber the option of purchasing the switch at a reasonable cost at the time of initial installation thereof, or of purchasing said switch or other appurtenant device at the then prevailing local installment plan interest rate. The Grantee hereby agrees to allow the subscriber to provide a switch or other appurtenant device at its subscriber terminal, provided that such device meets with the approval of the Grantee. Such approval shall not be withheld if it is shown that such device does not interfere with the operation of the cable television system. If the subscriber elects not to purchase or provide said switch or other appurtenant device, the Grantee may make an additional charge for the rental of such switch or other appurtenant device providing that the additional charge is in accordance with the schedule of charges contained in the Grantee's application for a franchise hereunder or hereafter shall be filed with and approved by the City. I. Subscriber refunds in addition to those authorized by the FCC: 1. If any subscriber of the Grantee of less than ten (10) days terminates services due to the Grantee's failure to render service to such subscriber of a type and technical quality provided for herein; 2. If service to a subscriber is terminated by the Grantee without good cause; or 3. If the Grantee ceases to provide service for twenty-four hours or more, the cable television system authorized herein for any reason except termination or expiration of a franchise granted hereunder; The Grantee shah refund to such subscriber an amount equal to the monthly charge, installation and connection charge paid by such subscriber in accordance with the then'existing schedule of charges. J. Disconnection: Except as provided by FCC rate regulation, there shall be no charge for disconnection of any installation or outlet. If any subscriber fails to pay a properly due monthly subscriber fee, or any other properly due fee or charge, the Grantee may disconnect the subscriber's service outlet. Such disconnection shall not be effected until forty-five (45) days after the due date of said delinquent fee or charge, and after adequate written notice of the intent to disconnect has been delivered to the subscriber in question. Upon payment of charges due and the payment of a reconnection charge, if any, the Grantee shah promptly reinstate the subscriber's cable service after request by subscriber. K. Rates subject to other regulations: The Grantee in submitting its request for approval of initial rates or any subsequent rates shah do so for basic service and related equipment to be performed to or for subscribers described in this ordinance. If FCC rules and regulations, or any other applicable laws or regulations, shall subsequently determine that the City of Iowa City has jurisdiction over other services or service to be offered or performed, said rates shall be subject to approval by the City at that time. L. Reduction of Fees: If during the term of any franchise or renewal thereof granted hereunder, the Grantee receives refunds or if the cost of operation to the Grantee is reduced as a result of an order of any regulatory body having Ordinance No. Page 19 competent jurisdiction, the Grantee shall pass on to its subscribers on a prorated basis any such savings or reduced costs pursuant to FCC regulation. M. ~ate c]~a]~e proce~ure~: 1. Limitation on application for increase in rates: The Grantee shall not, unless allowed by FCC regulations, file more than one apphcation for an increase in fees, rates or charges during any calendar year except to seek relief from the imposition of federal, state or local taxes or other legally imposed fees not contemplated in the most recent rate determination. 2. Review of rates: The Iowa City Telecommunications Commission shall review the Grantee's schedule of fees, rates or charges that are within the City's regulatory jurisdiction, upon application by the Grantee as herein provided or at any time on its own motion. The Iowa City Telecommunications Commission shall submit such schedule and any contemplated modifications thereof, together with its recommendations, to the City Council as expressed in such a resolution. The City Council may, pursuant to FCC regulations, reduce or increase such fees, rates or charges adopted for this purpose and, unless allowed by FCC regulation, no change in the Grantee's schedule of fees, rates or charges shall be effective without prior action of the Iowa City Telecom- munications Commission and the approval of the Council. No such resolution shall be adopted without prior public notice and opportunity for all interested members of the public, including the Grantee, to be heard, subject to the procedures set forth in this ordinance. No change in City regulated fees, rates and charges shall take effect until thirty (30) days after the approval of the rates by the City Council. 3. Documentation of request for increase: Any increase requests, in addition to other factors described in this section, shall be supported by a showing of increased costs for the existing services or proposed services and shall be filed in two (2) copies with the City Clerk. If a Grantee requests a change, it shall present in detail in writing the statistical basis, in addition to other requirements as set out in this section, for the proposed fee change in accordance with FCC rules. 4. Records to be made available: For the purposes of determining the reasonableness of Grantee fees, rates or charges, Grantee records relating the same shall be made available to the City. Sec. 12-4'17: Public, education and government connection to cable television system. The Grantee shall provide upon request within the City one connection and monthly service for basic service and all non-pay services to such public, parochial and nonprofit private schools, the University of Iowa, City designated public access facihty, City and other government buildings and other agencies, provided that such designated locations are within two hundred (200) feet of any network cable route. Initial installation shall be without charge. Rates for monthly service to residential or living units within such entities may be negotiated with each such entity. The Grantee may charge for any excess footage on the basis of time and material for any such locations beyond the two hundred-foot limitation if such connection is designated by the City. The City reserves the right for itself and the above entities at their individual expense to extend service to as many areas within such schools, buildings and agencies as it deems desirable without payment of any additional installation fee or monthly fee to Grantee. All such extensions, however, shall be accomplished in such a way so as not to interfere with the operation of the cable television system. Institutions receiving free drops wi]] consult with Grantee on the technical standards to be used for such extensions. The Grantee shall comply with the public, educational and government access requirements specified in the franchise. Sec. 12-4-18: Interconnection of network. Area interconnection: The Grantee shall be interconnected with other communities and cable companies as specified in the franchise. Sec. 12-4'19: Construction timetable for initial construction. A. Permit application: It is hereby deemed in the pubhc interest that the system be extended as rapidly as possible to all residents within the City. Within mnety (90) days of the effective date of a franchise granted hereunder, the Grantee shall file with the appropriate authorities and utilities all initial papers and applications necessary to comply with the terms of this article including the application for franchise and any additions or amendments thereto and shall thereafter diligently pursue all such applications. After the Grantee has diligently pursued the acquisition of necessary pole attachment contracts, or other necessary easements, and where such necessary contracts have not been executed or easements obtained after a reasonable period of time as determined by the City, the City may, at its discretion, provide assistance to ensure the extension of the system to all residents. B. Commencement o£constructio,: Within one hundred eighty (180) days of the effective date of FCC certification, the Grantee shall initiate construction and installation of the cable television system. Such construction and installation shall be pursued with reasonable diligence. C. Commencement o£operation: Within twelve (12) months of the effective date of FCC certification, the Grantee shall commence operation within the meaning set forth in this ordinance. Ordinance No. Page 20 D. Sustained completion of construction: Within the time specified in the franchise agreement, the Grantee shall have substantially completed construction of the service area within the meaning set forth in this ordinance. E. Provisions ofbasic service: Within the time specified in the franchise agreement, the Grantee shall have placed in use sufficient distribution facilities so as to offer basic service to one hundred (100) per cent of the dwelling units in the service area to which access is legally and reasonably available. F. Delays and extension of time: The City Council may in its discretion extend the time for the Grantee, acting in good faith, to perform any act required hereunder. The time for performance shall be extended or excused, as the case may be, for any period during which the Grantee demonstrates to the satisfaction of the City Council that the Grantee is being subjected to delay or interruption due to any of the following circumstances if reasonably beyond its control: 1. necessary utility rearrangements, pole change-outs or obtaining of easement rights, 2. governmental or regulatory restrictions, 3. labor strikes, 4. lockouts, 5. war, 6. national emergencies, 7. fire, 8. acts of God. G. V/hen certain operations are to commence: If FCC certification is not required for a franchise granted under this article, all time periods specified in subsections (A), (C), (D) and (E) of this section shall commence with the effective date of a franchise granted hereunder. Sec. 12-4-20: Construction timetable for rebuild construction. A. Compliance with construction and technical standards: Grantee shall construct, rebuild, install, operate and maintain its system in a manner consistent with all laws, ordinances, construction standards or guidelines, governmental requirements, FCC technical standards, and detailed technical standards provided for in the franchise. B. Construction t]metab]e: The Grantee shall construct and complete the system rebuild in accordance with the timetable set forth in the franchise. C. Delays and extension of time: The City Council may in its discretion extend the time for the Grantee, acting in good faith, to perform any act required hereunder. The time for performance shall be extended or excused, as the case may be, for any period during which the Grantee demonstrates to the satisfaction of the City Council that the Grantee is being subjected to delay or interruption due to any of the following circumstances if reasonably beyond its control: 1. necessary utility rearrangements, pole change-outs or obtainment of easement rights, 2. governmental or regulatory restrictions, 3. labor strikes, 4. lockouts, 5. war, 6. national emergencies, 7. fire, 8. acts of God. Sec. 12-4-21: Network description. A. System bandwidth capability: The Grantee shall install a cable network according to the following specifications: The initial system shall be designed to a capacity equivalent to a minimum of 750 MHz and as specified in the franchise. The Grantee at its option may provide for this increased capacity at the time of initial construction. As total bi-directional capacity is a priority goal of the City, applicants for a franchise hereunder may propose greater channel capacities and more sophisticated two-way capabilities than the minimums set forth herein. However, such proposal shall describe the particular commumty needs to be served thereby and shall detail, as part of the financial projection and support required in this ordinance the associated costs and revenues. B. System configuration: The Grantee shall design and construct the network using fiber to the node architecture, or better, in such a way as to provide maximum flexibility and to provide service to the fewest number of homes per fiber node as economically feasible. C. Protection of subscriber privacy mandatory: Grantee shall at all times protect the privacy of subscribers, as provided in this ordinance and other applicable federal, state, and local laws. D. Notice of privacy provisions: At the time of entering into an agreement to provide any cable service or other service to a subscriber, and at least once a year thereafter, Grantee shall provide notice consistent with and in accordance with federal law in the form of a separate written statement to each subscriber which clearly and conspicuously informs the subscriber of: Ordinance No. Page 21 1. The privacy rights of the subscriber and the limitations placed upon Grantee with regard this ordinance hereof and all other apphcable federal, state, and local subscriber privacy provisions; 2. The nature of personally identifiable information collected or to be collected with respect to the subscriber and the nature of the use of such information; 3. The nature, frequency, and purpose of any disclosure which may be made of such information, including an identification of the types of persons to whom the disclosure may be made; 4. The period during which such information might be maintained by the cable operator; 5. The times and place at which the subscriber may have access to such information in accordance with this ordinance and other apphcable federal, state, and local law; 6. A request for the subscriber signature allows for use of personally identifiable information. E. Collection of personally identifiable i~formation prohibited: Grantee shall not use or permit the use of the cable system to collect personally i~lentifiable information concerning any subscriber, except as necessary to render a cable service or other service provided by the cable operator to the subscriber. Grantee shall not install or permit the installation of any special terminal equipment in any subscriber's premises for the two-way transmission of any aural, visual, or digital signals without the prior written consent of the subscriber. Grantee shall not tabulate, nor permit others to tabulate, any subscriber use of the cable system which would reveal the opinions or commercial product preferences of individual subscribers, whether residential or business, or of any occupant or user of the subscriber's premises without written authorization from the subscriber for his or her participation in a shop-at-home or similar service. When providing such service, the Grantee may tabulate only those responses essential to the functioning of that shopping or other service, and may not use any such tabulation of individual preferences for any other purposes. Tabulations of aggregate opinion or preference are permitted, provided the aggregations are sufficiently large to assure individual privacy. F. Disclosure of subscriber information prohibited: Grantee shall not without the specific written authorization of the individual subscribers involved, sell or otherwise make available to any party any list of the names and addresses of individual subscribers, any list which identifies the viewing habits of individual subscribers, or any personal data, social security number, income and other data the Grantee may have on file about individual subscribers, except as necessary to render or conduct a legitimate business activity related to a cable service or other service provided by the cable operator to the subscriber, provided, however, that such disclosure shall net reveal directly or indirectly the extent of viewing or other use by the subscriber of a cable service or other service provided by the cable operator, or the nature of any transaction made by the subscriber over the cable system. G. Notices of monitoring: Grantee shall report to the affected parties, the City and other appropriate authorities, any instances of monitoring or tapping of the system, or any part thereof, of which it has knowledge, which is not authorized under this section whether or not such activity has been authorized by Grantee. Grantee shall not record or retain any information transmitted between a subscriber or user and any third party, except as required for lawful business purposes. Grantee shall destroy all subscriber or user information of a personally identifiable nature after a reasonable period of time, unless retention of such information is authorized by the affected subscriber or user. H. Poi]lng bJ~ cab]e: No poll or other upstream response from a subscriber shall be conducted or obtained except as part of a program that contains an explicit disclosure of the nature, purpose and prospective use of the results of the poll or upstream response and where the program has an informational, entertainment or educational function which is self-evident. Grantee or its agents shall release the results of upstream responses only in the aggregate and without individual references. I. Monitoring devices: Grantee shall provide written notice to each subscriber when equipment is to be installed on the system which would permit the recording or monitoring of individual viewing habits of a subscriber or household; such equipment shall be installed only after prior written permission has been granted by the sub- scriber. Such permission may be valid for one year only and may be renewed by permission of the subscriber. In no event shall such permission be obtained as a condition of service or continuation thereof. Grantee shall give each subscriber annual written notice of any such monitoring and of the subscriber's right to terminate the monitoring in accordance with the terms and conditions of the subscriber's contract with Grantee. J. Personally identifiable information: Grantee shall not predicate regular subscriber service on the subscriber's grant or denial of permission to collect, maintain or disclose personally identifiable information. A subscriber may at any time revoke any permission previously given by delivering to the Grantee a written statement of that intent. K. Correction policjz: Each subscriber shall be provided access to all personally identifiable information regarding such subscriber that Grantee collects or maintains or allows to be collected or maintained, and such subscriber shall be provided the opportunity to correct any error in such information. L. Viewing habits: Any information concerning individual subscriber viewing habits or responses, except for information for billing purposes, shall be destroyed within sixty (60) days of collection. Information for billing Ordinance No. Page 22 purposes shall be kept for two (2) years and then destroyed unless otherwise required to be kept by law. M. System performance: This section is not intended to prohibit the use or transmission of signals useful only for the control or measurement of system performance. N. Subscriber and user contracts: This section of this ordinance shall be enforceable directly by every aggrieved subscriber or user and by every aggrieved person seeking to become a subscriber or user. Grantee shall include the following provision in every contract or agreement between Grantee and any subscribers or user: The subscriber/user, as part of this contract, has certain rights of privacy prohibiting the unauthorized monitoring of service and publication of personal information under the control of (Name of Grantee), including without limitation, information regarding program selections or service uses. (Name of Grant' ee) shall make available upon the request of the subscriber/user further description of said rights as established in its ordinance and franchise with the City of Iowa City. Grantee shall not allege or contend that any actual or potential subscriber or user may not enforce this ordinance by reason of lack of privacy. Sec. 12-4-22: Network technical requirements. General requirements: Each cable television system must be so designed, installed and operated as to meet FCC technical standards and standards set forth in the franchise. Sec. 12-4-23: Performance measurements. A. Genera! requirements: Test procedures utilized shall be in accordance with those promulgated by the FCC and the National Cable Television Association. B. Additional tests and/nspection: The City reserves the right to: 1. Reqmre additional tests for cause at specific terminal locations at expense of the Grantee, and 2. Conduct its own inspections of the cable television system on its own motion at any time during normal business hours with reasonable advance notice. C. Report o£measurements combined: To the extent that the report of measurements as required above may be combined with any reports of measurements required by the FCC or other regulatory agencies, the City shall accept such combined reports, provided that all standards and measurements herein or hereafter estabhshed by the City are satisfied. Sec. 12-4-24: Construction standards. A. Antennas and to,vets: Antenna supporting structures (towers) shall be designated for the proper loading zone as specified in the Electronics Industry Association's Specifications as amended from time to time. B. Compliance ~vit]~ aviation requirements: Antenna supporting structures (towers) shall be painted, lighted, erected and maintained in accordance with all apphcabie rules and regulations of the Federal Aeronautical Agency, the state aeronautics board governing the erection and operation of supporting structures or television towers, and all other applicable local or state codes and regulations. C. City approval of construction plans: Prior to the erection of any towers, poles or conduits or the upgrade or rebuild of the cable communications system under this ordinance, the Grantee shall first submit to the City and other designated parties for review, such information as specified in the franchise. No erection or installation of any tower, pole, underground conduit, or fixture or any rebuilds or upgrading of the cable communications system shall be commenced by any person until approval, therefore, has been received from the City. D. Contractor qua]it~cations: Any contractor proposed for work of construction, installation, operation, maintenance, and repair of system equipment must be properly licensed under laws of the State, and all local ordinances. In addition, the Grantee shall submit to the City, every two years, a plan to hire persons locally for the construction, installation, operation, maintenance and repair of the system equipment. E. Minimum interference: The Grantee's system and associated equipment erected by the Grantee within the City shall be so located as to cause minimum interference with the proper use of streets, alleys, and other pubhc ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places. No pole or other fixtures placed in any public ways by the Grantee shall be placed in such a manner as to interfere with normal travel on such public way. F. City maps: The City does not guarantee the accuracy of any maps showing the horizontal or vertical location of existing substructures. In public rights'of'way, where necessary, the location shall be verified by excavation. G. Quality o£ construction: Construction, installation, operation, and maintenance of the cable communications system shall be performed in an orderly and workmanlike manner, in accordance with then current technological standards. All cables and wires shall be installed, where possible, parallel with electric and telephone hnes. Multiple cable configurations shall be arranged in parallel and bundled with due respect for aesthetic and engineering considerations. H. Construction standards: The construction, installation, operation, maintenance, and/or removal of the Cable Communications System shall meet all of the following safety, construction, and technical specifications and codes and standards: Occupational Safety and Health Administration Regulations (OSHA) Ordinance No. Page 23 National Electrical Code National Electrical Safety Code (NESC) National Cable Television Standard Code AT&T Manual of Construction Procedures (Blue Book) Bell Telephone Systems Code of Pole Line Construction All Federal, State and Municipal Construction Requirements, including FCC Rules and Regulations Utility Construction Requirements All Building and Zoning Codes, and All Land Use Restrictions, as the same exist or may be amended hereafter. Sec. 12-4-25: Erection, removal and common use of poles. A. Approval For po]es: No poles shall be erected by the Grantee without prior approval of the City with regard to location, height, types and any other pertinent aspect. However, no location of any pole or wire'holding structure of the Grantee shall give rise to a vested interest and such poles or structures shall be removed or modified by the Grantee at its own expense whenever the City determines that the public convenience would be enhanced thereby. B. Requirements to use exJstingpoles: Where poles already exist for use in serving the City and are available for use by the Grantee, but Grantee does not make arrangements for such use, the City may require the Grantee to use such poles and structures if it determines that the public convenience would be enhanced thereby and the terms of the use available to the Grantee are just and reasonable. Sec. 12-4-26: Construction reporting requirements. A. Progress reports: Within thirty (30) days of the granting of a franchise pursuant to this ordinance, the Grantee shall provide the City with a written progress report detailing work completed to date and a schedule for completion of construction. Such report shall include a description of the progress in applying for any necessary agreements, licenses, or certifications and any other information the Cable Television Administrator may deem necessary.. The content and format of the report will be determined by the Cable Television Administrator and may be modified at the Administrator's discretion. B. Time£r~me for reports: Such written progress reports shall be submitted to the City on a bimonthly basis throughout the entire construction or rebuild process. The Cable Television Administrator may require more frequent reporting ff the Administrator determines it is necessary to better monitor the Grantee's progress. C. Subscriber J~£ormation: Prior to the commencement of any major system construction, the Grantee shall produce an informational document to be distributed to all residents of the area to be under construction, which shall describe the activity that will be taking place. The informational document shall be reviewed by the Cable Television Administrator prior to its distribution. Sec. 12-4-27: Channels to be provided. A. Le~sed ~ccess c]~nne]: The Grantee shall maintain at least one specifically designated channel for leased access uses. In addition, other portions of its nonbroadcast bandwidth, including unused portions of the specifically designated channels, shall be available for leased uses. On at least one of the leased channels, priority shall be given to part-time users. B. Te]evJsion broadcast signal c~rri~ge: The Grantee shall carry those television broadcast signals which are in accordance with Part 76, Section 76.63 of the FCC Rules and Regulations as such rules are amended from time to time. The provision of additional television broadcast signals as provided for in Part 76, Section 76.63(a) shall also be required as amended from time to time. C. Basic service: Channels to be included on the frrst tier of service not requiring a converter or other appurtenance shall include: all television signals described in subsections A., B. and D. of this section. As the maximized use of the total channel capacity is of great interest to the City, applicants for a franchise hereunder may submit proposals to utilize channels beyond the basic service. Such a proposal may include the use of converters at no additional charge to subscribers. D. Access c]~anne]s: Grantee shall provide the public, educational and governmental access channels as specified in the franchise. The entities operating access channels shall, in cooperation with the Iowa City Telecommunications Commission, develop rules for such channels. Such rules shall be placed on file with the City Clerk. Sec. 12-4-28: Conditions of street occupancy: A. Approw] o£proposed construction: The Grantee shall first obtain the approval of the City prior to commencing construction on the streets, alleys, public grounds or places of the City as specified in the franchise. B. Permits: A Grantee shall obtain construction permits in conformance with all City rules and regulations. C. C]~anges required by' public ]mprovements: The Grantee shall, at its expense, protect, support, temporarily disconnect, or relocate in other public place any property of the Grantee when required by the City by reason of traffic conditions, public safety, street vacation, street construction, change or establishment of street grade, installation of sewers, drains, water pipes, City-owned power or signal lines, and tracts or any other type of structure or improvement by public agencies. D. Use o£ existing po]es or conduits: Nothing in this article or any franchise granted hereunder shall authorize the Ordinance No. Page 24 Grantee to erect and maintain in the City new poles where existing poles are servicing the area. The Grantee shall require permission from the City before erecting any new poles, underground conduit or appurtenances where none exist at the time the Grantee seeks to install its network. E. U~derground JnstaY]atJo~: All installations shall be underground in those areas of the City where public utilities providing either telephone or electric service are underground at the time of installation. In areas where either telephone or electric utility facilities are above ground at the time of installation, Grantee may install its service above ground, provided that at such time as those facilities are required to be placed underground by the City or are placed underground, the Grantee shall likewise place its services underground without additional cost to the City or to the individual subscribers so served within the City. Where not otherwise required to be placed underground by this ordinance or the franchise, the Grantee's system shall be located underground at the request of the adjacent property owner, provided that the excess cost over the aerial location shall be borne by the property owner making the request. All cable passing under the roadway shall be installed in conduit. F. Pedestals: When housing mini-hubs, switching or other equipment are to be utilized on the pubhc right of way, such equipment must be completely buried beneath streets or sidewalks. Any pedestals located in the public right of way shall comply with city ordinances or regulations. All such buried equipment shall be shown in plan and cross'section on the design plans for permits. G. Facilities not to be hazardous or inter£ere: All wires, conduits, cable and other property and facihties of the Grantee shall be so located, constructed, installed and maintained as not to endanger or unnecessarily interfere with the usual and customary trade, traffic and travel upon the streets and public places of the City. The Grantee shall keep and maintain all its property in good condition, order and repair. The City reserves the right hereunder to inspect and examine at any reasonable time and upon reasonable notice the property owned or used, in part or in whole, by the Grantee. The Grantee shall keep accurate maps and records of all its facilities and furnish copies of such maps and records as requested by the City. A Grantee shall not place poles or other equipment where they will interfere with the rights or reasonable convenience of adjoining property owners or with any gas, electric or telephone fixtures or with any water hydrants or mains. All poles or other fixtures placed in a street shall be placed in the right'of-way between the roadway and the property, as specified by the City. H. Method o£insta]]at]on: All wires, cables, amplifiers, and other property shall be constructed and installed in an orderly manner consistent with the trade. All cables and wires shall be installed parallel with existing telephone and electric wires whenever possible. Multiple cable configurations shall be arranged in a parallel and bundled, with due respect for engineering and safety considerations. All installations shall be underground in those areas of the City where public utilities providing telephone and electric service are underground at the time of installation. All underground installations of wires and cable shall be buried at least twelve (12) inches below ground, and no trenching or other underground installation shall be commenced without notice to the City Forester. All underground installation shall be performed in compliance with City Forester directions. I. Protectior o££aci]it~es: Nothing contained in this section shall reheve any person, company or corporation from hability arising out of the failure to exercise reasonable care to avoid injuring the Grantee's facilities while performing any work connected with grading, regrading or changing the line of any street or public place or with the construction or reconstruction of any sewer or water system. Any person, company or corporation intending to perform any of the above'described work in an area where Grantee's facihties are located shall notify Grantee at least twenty-four (24) hours prior to performing said work. J. Requests £or remova] or change: The Grantee shall, on the request of any person holding a building moving permit, temporarily raise or lower its wires to permit the moving of said building. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the Grantee shall have the authority to require such payment in advance. The Grantee shall be given not less than ten (10) working days' notice of any move contemplated to arrange for temporary wire changes. K. Authority to trYrn trees: The Grantee may trim trees upon and overhanging streets, alleys, sidewalks and other pubhc places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the Grantee. No trimming shall be done except under the supervision and direction of the City Forester, upon the exphcit prior written notification and approval of the City Forester and at the expense of the Grantee. The Grantee may contract for such services; however, any firm or individual so retained shall receive City Forester approval prior to commencing such activity. L. Restoration or reimbursement: In the event of disturbance of any street or private property by the Grantee, it shall, at its own expense and in a manner approved by the City and the owner, replace and restore such street or private property in as good a condition as before the work causing such disturbance was done. In the event the Grantee fails to perform such replacement or restoration, the City or the owner shall have the right to do so as the sole expense of the Grantee. Payment to the City or owner for such replacement or restoration shall be immediate, upon demand, by the Grantee. All requests for replacement or restoring of such streets or private property as may have been disturbed must be in writing to the Grantee. Ordinance No. Page 25 M. ~££~ce and rec~rds in C1ty: The Grantee shall at a~ times make and keep at an ~ffice maintained by the Grantee in the City full and complete plans and records showing the exact location of all cable television system equipment installed or in use in the streets or other pubhc places of the City. The Grantee shall furnish the City complete maps upon request, compatible with the City's geographic information system, showing all of the cable television system equipment installed and in place in streets and other public places of the City. Such maps shall be updated annually. N. Emergency removal o£pla~t: If, at any time, in case of fire or disaster in the City, it shall become necessary in the reasonable judgment of the City to cut or move any of the wires, cables, amplifiers, apphances or appurtenances thereto of the Grantee, such cutting or moving may be done and any repairs rendered necessary thereby shall be made by the Grantee, at its sole expense provided that such repairs are not necessitated by neghgent act of the City, in which case, cost for repairs shall be borne by the City. O. Alternate routYng o£plant: In the event continued use of a street is denied to the Grantee by the City for any reason, the Grantee will make every reasonable effort to provide service over alternate routes. Sec. 12'4-29: Unauthorized eormeetions or mott~6cations. A. Unauthorized connections prohibited: It shall be unlawful for any firm, person, group, company, corporation or governmental body or agency, without the expressed consent of the Grantee, to make any connection, extension or division, whether physically, acoustically, inductively, electronically or otherwise, with or to any segment of a franchised cable television system for any purpose whatsoever, except as provided in this ordinance. B. i~emoval or destruction prohibited: It shall be unlawful for any firm, person, group, company, corporation or government body or agency to willfully interfere, tamper, remove, obstruct or damage any part, segment or content of a franchised cable television system for any purpose whatsoever. Sec. 12-4-30: Preferential or discriminatory practices prohibited. A. P~ohJbited employment practices: The Grantee shall not commit any of the following employment practices and agrees to prohibit the following practices in any contracts or subcontract entered into or effectuate the operation of this franchise. 1. To discharge from employment or refuse to hire any individual because of their race, color, religion, creed, sex, national origin, age, disability, marital status or sexual orientation. 2. To discriminate against any individual in term, conditions or privileges of employment because of their race, color, religion, creed, sex, national origin, age, disability, marital status or sexual orientation. The Grantee shall be an Equal Opportunity/Affirmative Action Employer adhering to all Federal, State or municipal laws and regulations. Pursuant to 47 CFR Sec. 76.311 and other applicable regulations of the FCC, Grantee shall file an Equal Employment Opportunity/Affirmative Action. Program with the FCC and otherwise comply with all FCC regulations with respect to Equal Employment/Affirmative Action Opportunities. B. Er~p]oyment policy: Grantee shall take affirmative action to employ, during the construction, operation and maintenance of the cable communications system minorities and females as set forth in the franchise. Upon request by the City, Grantee shall submit to the City annual reports indicating such compliance. C. Procurement: For all services, materials or equipment purchased for the construction, operations or maintenance of the cable communications system, Grantee shall wherever possible, purchase from competitively priced and otherwise qualified minority-owned, or female owned businesses located in the City of Iowa City, as set forth in the franchise. D. Loca! er~p]oyment andprocurer~ent practices: Whenever possible, all services, personnel, hardware and supplies for the construction, maintenance and operation of the system shall be procured locally. E. Services to be equally available: The Grantee shall not refuse cable television services to any person or organization who requests such service for lawful purpose, nor shall a Grantee refuse any person or organization the right to cablecast pursuant to provisions of this article. The Grantee shall not, as to rates, charges, service facilities, rules, regulations or in any other respect, make or grant any unreasonable preference or advantage, not subject any person to any prejudice or disadvantage. The Grantee shall take affirmative steps to disseminate the information concerning the availability of its services to all minority and other under represented groups. This provision shall not be deemed to prohibit promotional campaigns to stimulate subscription to the system or other legitimate uses thereof, nor shall it be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules to which any customer coming within such classifications shall be entitled, provided such schedules have been filed with and approved by the City as provided in this ordinance. F. £aYrness o£ accessibiYity: The entire system of the Grantee shall be operated in a manner consistent with the principle of fairness and equal accessibihty of its facilities, equipment, channels, studios and other services to all citizens, businesses, pubhc agencies or other entities having a legitimate use for the system. No one shall be arbitrarily excluded from its use. Allocation of use of said facilities shall be made according to the rules or decisions of regulatory agencies affecting the same, and where such rules or decisions are not effective to resolve a dispute between conflicting users or potential users, the matter shall be submitted for resolution by the Iowa City Ordinance No. Page 26 Telecommunications Commission. Sec. 12-4'31: Installations, connections, and other services. A. Standard installations: Standard installation shall consist of a service not exceeding one hundred fifty (150) feet from a single point or pedestal attachment to the customer's residence. Service in excess of 150 feet and concealed wiring shall be charged at such cost as exceeds normal installation costs. The desire of the Subscriber as to the point of entry into the residence or commercial establishment and location of pedestal shall be observed whenever possible. Runs in building interiors shall be as unobtrusive as possible. The Grantee shall use due care in the process of installation and shall repair any damage to the subscriber's property caused by said installation. Such restoration shall be undertaken within no more than ten (10) days after the damage is incurred and shall be completed as soon as possible thereafter. B. Deposits: Any deposit required by Grantee shall bear interest at the current lending rate. C. Loc]~out devices: The Grantee shall provide to the potential subscriber, as part of its promotional hterature, information concerning the availabihty of a lockout device for use by a subscriber. The lockout device described herein shall be made available to all subscribers requesting it beginning on the first day that any cable service is provided. D. Reconnec~ion: Grantee shall restore service to customers wishing restoration of service provided customer shall first satisfy any previous obligations owed. E. Free disconnection: Subscribers shall have the right to have cable service disconnected without charge. A refund of unused service charges shall be paid to the customer within sixty (60) days from the date of termination of service. F. Downgrade and upgrade £ees: Any downgrade or upgrade fees shall conform with FCC rules. Sec. 12-4-32: Service calls and compl,int procedures. A. t~usiness o££~ce staffing: Grantee shall provide all subscribers or users with at least thirty (30) days prior written notice of a change in business office hours. The business office shall maintain a staff adequate to process complaints, requests for installation, service or repairs, and other business in a timely and efficient manner. Grantee shall add additional telephone hnes and service representatives when existing hnes are substantially utilized or when a pattern of subscriber complaints reflect a need for additional service employees. Additional offices and payment stations provided by the Grantee shall be included in the franchise. B. Te]ep]wne service: The Grantee shall have a listed, locally-staffed telephone number for service calls available twenty'four'(24) hours a day, seven (7) days a week. Said number shall be made available to subscribers and the general public. The Grantee shall provide an unlisted locally-staffed telephone number to the City and utility companies to enable the City or utihty companies to reach the Grantee in case of emergency on a 24-hour, 7-days-a-week basis. C. Grantee rules: The Grantee shall prepare and file with the City copies of all of its rules and regulations in connection with the handling of inquiries, requests and complaints. The Grantee shall, by appropriate means, such as a card or brochure, furnish information concerning the procedures for making inquiries or complaints, including the name, address and local telephone number of the employee or employees or agent to whom such inquiries or complaints are to be addressed, and furnish information concerning the City office responsible for the administration of the franchise, including, but not hmited to, the address and telephone number of said office. D. Equipment service: The Grantee shall service or rep]ace without charge all equipment provided by it to the subscriber, provided, however, that the Grantee may charge a subscriber for service to or replacement of any equipment damaged due to negligence of such subscriber. E. Subscriber soScJtatio,: Grantee shall provide the City with a list of names and addresses of all representatives who will be soliciting within the City and the area in and the dates within such solicitations shall take place. Each such representative and all other employees entering upon private property shall be required to wear an employee identification card issued by Grantee and bearing a picture of said representative. Grantee shall notify the general public of its sohcitation in a manner calculated to reach residents in the areas to be solicited in advance of such solicitation. F. Sa]es z~£ormation: Grantee shall provide to all subscribers annually and all prospective subscribers or users with complete written information concerning all services and rates provided by Grantee upon solicitation of service and prior to consummation of any agreement for installation of service. Such sales material shall clearly and conspicuously disclose the price and other information concerning Grantee's least costly service. Such information shall be written in plain Enghsh and shall include but shall not be limited to the following: all services, tiers, and rates; deposits if applicable; installation costs; additional television set charges; service upgrade or downgrade charges; lockout devices; and information concerning the utilization of video cassette recorders (VCRs) with cable service(s) and the cost for hooking up such VCRs so that they function as manufactured. G. ~i]]ing practices i~£orr~a¢ion: Grantee shall inform all subscribers annually and all prospective subscribers or users of complete information respecting billing and collection procedures, procedures for ordering changes in or Ordinance No. Page 27 termination of services, and refund policies, upon sohcitation of service and prior to the consummation of any agreement for installation of service. Such information shall be written in plain English. l-I. Notice o£coz~p]aiz~tproced~zre$: Grantee shall periodically, and at various times of the day, present its business office address and publicly hsted local telephone number by means of alpha-numeric display on a local origination channel. I. Investigation ~z~c] remedial ~ctJoz~: For recurrent complaints regarding service deficiencies (other than total or partial loss of service, such as ghosting, weak audio signal, distortion, and the like), the Cable Television Administrator may require the Grantee to investigate and report to the causes and cures thereof, and the Cable Television Administrator may also conduct an investigation. Thereafter, the Cable Television Administrator may order specified remedial action to be taken within reasonably feasible time hmits. If such action is not taken, or is ineffective, or if within thirty (30) days the Grantee files with the City a notice of objection to the order, the City may conduct a hearing and may, if the evidence warrants a finding of fault on the part of the Grantee, take appropriate action pursuant to the terms of this ordinance. Sec. 12-4'33: Transfer. A. Tr~s£er o££ra~ctdse: A franchise shall not be assigned or transferred, either in whole or in part, or leased, sublet, or mortgaged in any manner, nor shall title to the cable system, legal or equitable, or any right, interest or property therein, pass to or vest in any person without the prior written consent of the City, such consent not to be unreasonably withheld. Except that no consent shall be required for any sale, transfer, or assignment of ownership to an affiliate under common control with Grantee, provided that prior to such transfer, Grantee provides to the City verifiable information to estabhsh that such transferee has the financial, legal and technical ability to fully perform all obligations of the franchise. No such consent shall be required, however, for a transfer by mortgage to a federally licensed lending institution in order to secure indebtedness. Within thirty (30) days of receiving the request for transfer, the franchising authority shall, in accordance with FCC rules and regulations, notify the Grantee in writing of the information it requires to determine the legal, financial and technical qualifications of the transferee. If the franchising authority has not taken action on the Grantee's request for transfer within one hundred twenty (120) days after receiving such requested information, consent by the franchising authority shall be deemed given. B. Tr~s£er o£owners]~Jp: The Grantee shall not sell, transfer or dispose of thirty percent (30%) or greater ownership interest in the Grantee or more at one time of the ownership or controlling interest in the system, or thirty percent (30%) cumulatively over the term of the franchise of such interests to a corporation, partnership, hmited partnership, trust or association, or person or group of persons acting in concert without the consent of City. Every sale, transfer, or disposition of thirty percent (30%) or greater ownership interest as specified above in the Grantee shall make the franchise subject to cancellation unless and until the City shall have consented thereto. C. Tr~ns£er o£co~tro]: The Grantee shall not change control of the Grantee in whatever manner exercised without the prior written consent of the City. D. C/~y ~pprov~]: Every change, transfer, or acquisition of control of the Grantee shall make the franchise subject to cancellation unless and until the City shall have consented thereto. For the purpose of determining whether it shall consent to such change, transfer, or acquisition of control, the City may inquire into the legal, financial, character, technical and other public interest qualifications of the prospective transferee or controlling party, and the Grantee shall provide the City with all required information. The City reserves the right to impose certain conditions on the transferee as a condition of the franchise to ensure that the transferee is able to meet existing ordinance and franchise requirements. E. Assur~ptJo~ o£co~tro_l: Any financial institution having a pledge of the franchise or its assets for the advancement of money for the construction and/or operation of the franchise shall have the right to notify the City that it will take control and operate the cable television system. If the financial institution takes possession of the cable communications system the City shall take no action to effect a termination of the franchise without first giving to the financial institution written notice thereof and a period of six (6) months thereafter (unless otherwise provided herein below) (i) to allow the financial institution or its agent(s) to continue operating as the Grantee under the franchise and; (ii) to request the City, and for the City to determine whether, to consent to the assignment of the Grantee's rights, title, interest and obhgations under the franchise to a qualified operator. The City acknowledges that in order for the financial institution to realize upon the collateral accorded to it by the loan documents, the financial institution must be entitled to a reasonable period of time after taking possession of the franchise under the loan document to obtain the City's consent to an assignment of the franchise to a qualified operator. The City agrees that such reasonable period of time is six (6) months after the financial institution takes possession of the cable communication system and, further, agrees that the City shall use its best efforts to decide upon the assignment of the franchise to the new operator proposed by the financial institution within such period of time. The financial institution shall be entitled to such possession and other rights granted under this paragraph until such time that the City determines whether to consent to such assignment (the extended time). If the City finds Ordinance No. Page 28 that such transfer, after considering the legal, financial, character, technical and other public interest qualifications of the apphcant are satisfactory, the City will consent to the transfer and assign the rights and obhgations of such franchise as in the public interest. During the six (6) month period or extended time, the finan- cial institution shall enjoy all the rights, benefits and privileges of the Grantee under the franchise, and the City shall not disturb such possession by the financial institution, provided the financial institution complies in all respects with the terms and provisions of the franchise and this ordinance. The various rights granted to the financial institution under this paragraph are contingent upon the financial institution's continuous compliance with the terms and provisions of this ordinance and the franchise during the entire aforementioned six (6) month period or extended time, if applicable. For example, should an agent of the financial institution take possession of the cable communication system pursuant to rights granted to the financial institution under this paragraph, and such agent fails to comply with the level of service requirements set forth in this ordinance or the franchise, the rights granted to the financial institution under this ordinance and the franchise shall automatically terminate. F. No waiver of City property rights: The consent or approval of the City or any other public entity to any transfer of the Grantee shall not constitute a waiver or release of the rights of the City in and to the pubhc property or public rights of way, and any transfer shall, by its terms, be expressly subordinate to the terms and conditions of this ordinance and the franchise. G. Transfer time periods: In the absence of extraordinary circumstances, the City will not approve any transfer or assignment of the franchise prior to construction or the completion of the rebuild of the system. Subject to the conditions of Section 617 of the Cable Act, the City shall not approve a transfer if the Grantee has not held the franchise for a period of three years. H. Right to review purchase price: Based upon public information, the City reserves the right to review the purchase price of any transfer or assignment of the cable system. I. Signatory requirement: Any approval by the City of transfer of ownership or control shall be contingent upon the prospective party becoming a signatory to the franchise agreement. Sec. 12-4-34: Publication costs. The Grantee shall assume the cost of publication of the franchise ordinance as such pubhcation is required by law. A bill for the publication costs shall be presented to the Grantee by the City upon the Grantee's filing of acceptance and shall be paid at that time. Sec. 12'4-35: Ordinances repealed. ' All ordinances are parts of ordinances in conflict with the provisions of this article are hereby repealed. Sec. 12-4-36: Separability. If any section, subsection, sentence, clause, phrase or word of this article is for any reason held invahd or unconstitutional by any court of competent jurisdiction, such section, subsection, sentence, clause, phrase or word shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. Sec. 12-4-37: Time is of the essence to this ordinance. Whenever the ordinance shall set forth any time for any act to be performed by or on behalf of the Grantee, such time shall be deemed by the essence any failure of the Grantee to perform within the time allotted shall always be sufficient ground for the City to invoke an appropriate penalty including possible revocation of the franchise. Sec. 12-4-38: No waiver of rights. No course of dealing between the Grantee and the City nor any delay on the part of the City in exercising any rights hereunder shall operate as a waiver of any such rights of the City or acquiescence in the actions of the Grantee in contravention of rights except to the extent expressly waived by the City or expressly provided for in the franchise. DIVISION 2. RATE REGULATIONS Sec. 12-4-39: Rate regulation proceedings. Any rate regulation proceedings conducted under this division shall be in accordance with FCC rate regulations. A. In the course of the rate regulation proceeding, the City may request additional information from the cable operator that is reasonably necessary to determine the reasonableness of the basic service tier rates and equip' ment charges. Any such additional information submitted to the City shall be verified by an appropriate official of the cable television system supervising the preparation of the response on behalf of the entity, and submitted by way of affidavit or under penalty of perjury, stating that the response is true and accurate to the best of that person's knowledge, information and belief formed after reasonable inquiry. The City may request proprietary information, provided that the City shall consider a timely request from the cable operator that said proprietary information shall not be made available for public information, consistent with the procedures set forth in section 0.459 of the FCC rules and regulations. Ordinance No. Page 29 Furthermore, said proprietary information may be used only for the purpose of determining the reasonableness of the rates and charges or the appropriate rate level submitted by the cable operator. The City may exercise all powers under the laws of evidence apphcable to administrative proceedings under the laws of the state to discover any information relevant to the rate regulation proceeding, including, but not limited to, subpoena, interrogatories, production of documents and depositions. B. Upon termination of the rate regulation proceeding, the City shall adopt and release a written decision whether the rates or proposed rate increase are reasonable or unreasonable, and, if unreasonable, its remedy, including prospective rate reduction, rate prescription and refunds. C. The City may not impose any fines, penalties, forfeitures or other sanctions, other than permitted by the FCC rules and regulations, for charging an unreasonable rate or proposing an unreasonable rate increase. However, the City may impose fines or monetary forfeitures on a cable operator that does not comply with a rate decision or refund order of the City, directed specifically at the cable operator, pursuant to the laws of the state and the City Code. D. Consistent with the FCC rules and regulations, the City's decision may be reviewed only by the FCC. E. The City shall be authorized, at any time, to gather information as necessary to exercise its jurisdiction as authorized by the laws of the state, the Cable Act, and the FCC rules and regulations. Any information submitted to the City shall be verified by an appropriate official of the cable television system supervising the preparation of the response on behalf of the entity, and submitted by way of affidavit or under penalty of perjury, stating that the response is true and accurate to the best of that person's knowledge, information and belief formed after reason- able inquiry. Sec. 12'4-40: Certification. The City shall file with the FCC the required certification as necessary. Sec. 12-4-41: Notification of changes. With regard to the cable programming service tier, as defined by the Cable Act and the FCC rules and regulations, and over which the City is not empowered to exercise rate regulation, the cable operator shall give notice to the City of any change in rates for the cable programming service tier or tiers, any change in the charge for equipment required to receive the tier or tiers, and any changes in the nature of the services provided, including the program services included in the tier or tiers. Said notice shall be provided to the City at least thirty (30) business days prior to any change becoming effective. Sec. 12-4-42: Cable official. The City may delegate its power to enforce this division to the Iowa City Telecommunications Commission or to employees or officers of the City, to be known as the cable official. The cable official shall have authority to: A. Administer oaths and affirmations; B. Issue subpoenas; C. Examine witnesses; D. Rule upon questions of evidence; E. Take or cause depositions to be taken; F. Conduct proceedings in accordance with this division; G. Hold conferences for the settlement or simplification of the issues by consent of the parties; and H. Take actions and make decisions or recommend decisions in conformity with this division. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,2005. MAYOR ATTEST: CITY CLERK Approve~ 1~ ~ City Attorney's Office Ordinance No. Page 30 cabletv~enabling.doc IP4 5281 Wapsi Avenue SE ~)~\ Lone Tree, IA 52755-9795 May 3, 2005 Sarah Holecek. " ~ '~-~: Assistant City Attorney City of Iowa City 410 East Washington Street Iowa City, IA 52240 ~ " Dear Sarah: I am in receipt of your letter of April 12, 2005. It does not surprise me that Officer Leik provided a similar story to the one I told you. It is my belief that my car looks sufficiently different to have caused stereotypical suspicion on his part, and that "driving slowly" was the only acceptable rationale he could find for stopping me and thus that is the reason he recalls. In your April 12 letter, based upon your interview with Officer Leik, you state:: Officer Leik recalls that he stopped your vehicle after observing it traveling slowly. While I agree that driving slowly is not itself an illegal act, it can provide reasonable suspicion that criminal activity may be afoot or the driver of the vehicle may need assistance. This suspicion is further augmented by the fact that the stop took place at 10:00 p.m. on a Friday night. Driving 22-23 miles per hour on Kirkwood Avenue/Lower Muscatine should not be reason enough to suspect that 'criminal activity may be afoot.' How are traveling slightly less than the posted speed limit and possible criminal intent linked? What criminal activity would an officer imagine might occur when a car is going down Kirkwood Avenue/Lower Muscatine at ten o'clock at night with a police car right behind it? I know there are some amazingly dumb criminals out there, but it seems to me that the majority of people intending to commit a crime would most certainly put an end to that intent knowing they were in full view of law enforcement. I do not accept the argument that driving 4-5 miles less than the 45 miles per hour speed limit on Highway 6, especially at night, presents an indication that the driver of a car going that rate 'may need assistance.' How does traveling at a rate of reasonable speed create a suspicion on the part of law enforcement that a driver may need some sort of help? If an officer can make such a link then a driver could be doing absolutely nothing wrong, going exactly the posted speed limit, and still be stopped because she put her hand to her head and the police officer following thought the driver had a headache, or had been bitten by a bat, or was having a stroke, or was in angst over not attending church the previous Sunday and thus was in need of assistance. Do officers in unmarked cars also follow and stop persons 'traveling slowly'? That would be enough to scare a woman (especially if driving alone and at night) into speeding to flee a possible (in her mind) attacker or into actually having an accident or a health crisis. I do not believe that officer intuition or experiencing a hunch are sufficient reasons to stop a moving vehicle that is not in violation of any law. However, if the police can legally stop a vehicle based on any reason concocted in an officer's mind then I hope someday another court of Supreme Beings will reverse itself and cut civilians a break from the long arm of the law. Sincerely, Carol W. deProsse Cc: Matt Johnson, Captain, Field Operations R.J. Winklehake, Chief of Police iowa City City Council Police Review Board Ben Stone, ICLU JCCO ITl e O Date: May 5, 2005 To: Iowa City City Co_un~ From: Brad NeumannJ'JCCOG Solid Waste Management Planner Re: Survey of curbside recycling customers In an effort to increase the participation rates and volumes collected in the City's curbside collection program, I have prepared a survey that will measure the interest in making changes to the current recycling methods. The survey will ask questions regarding the current curbside service and whether or not program users would be interested in co-mingling their recyclables in one container (to be separated at another location) and would this type of program increase usage. This survey will be sent to 1,000 Iowa City curbside customers. Currently, Iowa City collects six different items at the curb, including #1 - #7 plastics, metal cans, cardboard, newsprint, mixed paper, and magazines. All of these items are required to be separated into paper bags (larger pieces of cardboard are placed under the recycle bin) and placed in one 18 gallon recycling bin that the City provides. These items are collected by a recycling truck that has separate bins for each item collected. Iowa City operates five trucks five days a week, and each truck is operated by one person. All items are delivered to City Carton fo'r recycling and marketing. No sorting is required at City Carton since the items are already separated. Since there is no sorting of material, the City's contract with City Carton allows the City to get paid for some of the materials delivered to City Carton. According to a 2002 study, Iowa City's capture rate was at 59%. This means that Iowa City was collecting only 59% of what is recyclable from their waste stream. Cities using co-mingled recycling programs, such as Cedar Rapids and Marion, have capture rates between 67-77%. A co-mingled collection program would include material separation and new equipment costs which could result in a monthly fee increase. However, this type of program would greatly increase the volume of materials being collected. I have briefly discussed a co-mingled collection program with City Carton and they seem willing to work with us in the future. Currently, City Carton's Iowa City plant is not equipped to separate large volumes of material. Unless instructed not to send the survey, I will proceed with the survey and I will provide you with the survey results later this spring. cc: Jeff Davidson Rodney Walls Rick Fosse jccogsw/mem/com mingle-su rvey.doc EAST CENTRAL IOWA COUNCIL OF GOVERNMENTS YOUR-REGIONAL PLANNING AGENCY ~MEMORANDUM DATE: April 20, 2005 TO: ECICOG Board of Directors FROM: Doug Ellio c,utive Director SUBJECT: Next Meeting - Thursday, April 28, 2005 The ECICOG Board of Directors will meet on Thursday, April 28, 2005~ 1:00 p.m., at the ECICOG offices in Cedar Rapids. An agenda for the meeting and minutes of the March 24th meetingare enclosed. Other items are highlighted below: Item 2.0 Routine Matters: Financial statements for the month of March are enclosed~ Item 3,0 Guest Presentation: The ITS Task Force intends to report its recommendations to the board of directors at the April meeting. A summary is provided in the Transportation staff report. In addition, Bill Dale, representing Routematch, will give a demonstration of the SOftware and its proposed utilization in the region. Item 4.4 Staff Reports: Staff, reports are enclosed for your information. Item 5.0 Committee Reports 5.1 ITS Task Force RePOrt: A summary of the Task Force's recommendations is included in the Transportation staff rep~ort. 5.2 Solid Waste TAC Report: Minutes of the TAC's most recent meeting are enclosed. Please review the remainder of the enclosed materials, and contact us if you have questions before the meeting on the 28th. Enc. 108 Third Street SE, Suite 300 Cedar RaPids, Iowa 52401 319-365-9941 FAX 319-365-9981 www. ia.net/-ecicog East Central Iowa Council of Governments Board Meeting Notice 1:00 P.M. April 28, 2005 ECICOG Offices 108 Third Street SE, Suite 300, Cedar Rapids TEL 365-9941 FAX365-9981 pages 1.0 CALL TO ORDER · 1 Recognition of Alternates .2 Public Discussion .3 Approval of Agenda 2.0 ROUTINE MATTERS 1-3 .1 Approval of Minutes (March 31, 2005) 4-12 .2 Preceding Month's Budget Reports/Balance Sheets 3.0 GUEST PRESENTATION Bill Dale, RouteMatch Director of Sales for US Central Division 4.0 AGENCY REPORTS · 1 Chairperson's Report .2 Board Members' Reports .3 Director's Report 13-52 .4 Staff Reports - informational only 5.0 COMMITTEE REPORTS · 1 ITS Task Force · Consider Task Force Recommendations 53-54 .2 Solid Waste Technical Advisory Committee - infommtion only 6.0 OLD BUSINESS · 1 Approval of Expenditures 7.0 NEW BUSINESS 8.0 LEGISLATIVE DISCUSSION 9.0 NEXT MEETING: May 26, 2005 ECICOG is the Region 10 planning agency serving local governments in the counties of Benton, Iowa, Johnson, Jones, Linn, and Washington. MINUTES East Central Iowa Council of Governments Board Meeting 1:00 p.m. - March 31, 2005 108 Third Street SE, Suite 300 Cedar Rapids, Iowa MEMBERS PRESENT Lu 2~arron-£inn County Suffer'visor Ross Wilburn-Iowa Gty City Council Pat Harney-Johnson County Supervisor Gary Edwards-Iowa County Citizen Ann Hearn-Linn County Citizen Don Magdefrau-Benton County Citizen Charles Montross-Iowa County Supervisor Larry Wilson-Johnson County Citizen Ed Raber- Washington County Citizen Wade Wagner-Cedar Rapids Commissioner Ric Gerard-Iowa County Supervisor Ed Brown-Mayor of Washington MEMBERS ABSENT Henry Herwig-Coralville City Council David Vermedahl-Benton County Supervisor Bill Daily-Benton County Citizen Leo Cook-Jones County Supervisor Don Gray-Mayor of Central City Randy Payne- Washington County Supervisor Dennis Hansen-Anamosa City Council Linda Langston-Linn County Supervisor Vacancy-Jones County Citizen ALTERNATES PRESENT - None OTHER'S PRESENT - None STAFF PRESENT Doug Elliott-Executive Director Gina Peters-Administrative Assistant Mary Rump-IT~Transportation Planner Robyn Jacobson- Transit Administrator Eric Freese-Housing Specialist Chad Sands-Planner Lisa-Marie Garlich-Planner Jennifer Ryan-Planner ' Kristin Simon-Planner 1.0 CALL TO ORDER The meeting was called to order by Chairperson, Lu Barron at 1:05 p.m. .1 Recognition of Alternates - None .2 Public Discussion - None .3 Approval of Agenda M/S/C (Raber/Gerard) to approve the agenda. All ayes. I 2.0 ROUTINE MATTERS .1 Approval of Minutes (February 24, 2005) Wilson said the minutes should reflect that no members of the public were present for the public hearing. M/S/C (Hamey/Heam) to approve the minutes with the above change. All ayes. .2 Preceding Month's Budget Reports/Balance Sheets Elliott gave an overview of the February financial statements. M,/S/C (Gerard/Brown) to receive and file the February financial statements for audit. All ayes. 3.0 AGENCY REPORTS .1 Chairperson's Report - None .2 Board Members' Reports - None .3 Director's Report- None .4 Community Development Report Sands reported the request for EDA designation has been approved and forwarded on to Washington D.C. Garlich gave a report on the APA conference she attended. She handed out an article on an eminent domain court case. Discussion followed. .5 Housing Report- None .6 Circuit Rider Report- None .7 Solid Waste Report Ryan told the board the Jones County Schools SWAP application was funded; the total award is $13,375. She gave an overview of a request from DCI Environmental Inc. seeking inclusion into the solid waste comprehensive plan. The TAC recommends allowing DCI to join the planning area and be included in the comp plan. Ryan handed out a resolution to be considered. Wilburn suggested a memorandum of understanding be signed along with the resolution. Discussion followed. Staff is to create a memorandum of understanding for DCI to sign in addition to the resolution. M/S/C (Brown/Gerard) to allow the chair to sign the resolution amending the comprehensive plan. All ayes. Simon showed the board samples of the promotional items to be used by the Illegal Dumping Task Force; she said the public service announcements would start tomorrow. Simon handed out information on a conference to be held in June sponsored by Keep Iowa Beautiful. .8 Transportation Report Rump told the board an RFP for transit services in Washington County was sent out. Proposals are due May 4. 4.0 COMMITTEE REPORTS .1 · Executive Committee Barron handed out a summary of the March 29 executive committee meeting. Discussion followed on updating the agency's strategic plan. .2 ITS Task Force The task force will meet immediately following the board meeting. .3 Solid Waste Technical Advisory Committee - information only .4 Transit Operators' Group-information only 5.0 OLD BUSINESS .1 Approval of Expenditures M/S/C (Montross/Wilson) to approve payment of expenditures. All ayes. 6.0 NEW BUSINESS - None 7.0 LEGISLATIVE DISCUSSION Elliott handed out a NADO Legislative Action Alert and encouraged board members to contact their legislators to encourage funding of HUD and EDA programs. A sample letter was included in the handout. Barton reported on the National Association of Counties conference she attended in Washington D.C. Elliott handed out information on the Governance Subcommittee. Discussion followed. NEXT MEETING: April 28, 2005 The meeting adjourned at 2:00 p.m. Gary Edwards, Secretary/Treasurer April 28, 2005 Date Community Development Report Date: April 28, 2004 From: Chad Sands, AICP, Planner Lisa J. Treharne, Planner Lisa-Marie Garlich, Planner Amy Peterson, Program Administrator Eric Freese, Housing Inspector Status of Planning Projects · Work is continuing on the Benton County Comprehensive Plan. Monthly work-sessions with the Planning and Zoning Commission have focused on development tools to assist in managing the rapid growth in the County. In particular, the Commission is reviewing a //~ ' proposed Land Evaluation and Site Assessment (LESA) program. Johnson County has asked for a service proposal for the update of the County's Land Use Plan. · Jones County has begun work on updating their subdivision and Ag-land Preservation Ordinance with the assistance of ECICOG staff. The County's sign ordinance will also be updated. Work is expected to be completed this fall. · Linn County has asked for a service proposal for the creation of another City/County Strategic Growth Plan. · The City of Lone Tree has asked for a service proposal for the update of the City's zoning ordinance. · The City of North Liberty's update of their comprehensive plan is nearing completion. The Planning and Zoning Commission has met monthly, focusing on updating the outdated community goals. The plan is complete, pending final P&Z and Council review. · The City of Springville's zoning ordinance is complete. The City Council adopted the zoning ordinance in February. Work on the subdivision ordinance has started. In addition, a planning and zoning training session will be held after both ordinances have been adopted. · ECICOG staff prepared a grant application for the City of Vinton to fund the creation of a local pre-disaster mitigation plan. The grant was approved by FEMA. As soon as we recieve the proper paper work, ECICOG can begin work on the plan. · ECICOG is providing site plan and development review services for the Cities of Bertram and Shueyville. Staff represents the City of Bertram on the Linn County Technical Review Committee when reviewing conditional use applications outside of the City of Bertram. There were no conditional use permit reviews during the month of February or March in Bertram. · The Economic Development Administartion (EDA) is currently reviewing our designation request. As you recall, ECICOG had requested to become designated as an EDA District. IFederal Home Loan Bank Projects 3ohnson County Federal Home Loan Bank ~[IT. ECICOG received a third round of funds on behalf of the Johnson County Housing Task Force for the rehabilitation of 20 homes. Applications are being accepted and processed. Twelve have been completed, one is in the construction phase, two are waiting on bids and three are in the verification stage. More applicants are needed. Grant: $107,500 Local Match: $101,820 Source of Funds: Federal Home Loan Bank Washington County Federal Home Loan Bank I. ECTCOG received funds on behalf of Washington County to assist 10 homes. There are 9 homes that have been completed and 1 that is in the construction phase. Grant: $53,750 Local Match: $50,910 Source of Funds: Federal Home Loan Bank Jones County Federal Home Loan Bank. ECTCOG received funds on behalf of Jones County to assist 10 homes. Applications are being accepted and processed. The verifications are complete on one home and they are getting bids. Grant: $55,000 Local Match: $50,000 Source of Funds: Federal Home Loan Bank IFlood Buy Out Projects Central City Flood Buy-Out I. Ail five homes have been purchased. Ail homes have been demolished. The financials are cleared. The Hazard Mitigation Plan is accepted by FEMA: the project will soon close out. Grant: $179,632 Source of Funds: FEMA/State of :Iowa/Central City Central City Flood Buy-Out II. All homes have been bought out. Three homes are scheduled for relocation. The fourth home is going to be demolished or burned by the city. Another home was added to this project. The Hazard Mitigation Plan is accepted by FEMA: the project will soon close out. Grant: $371,547 Source of Funds: FEMA/State of :Iowa/Central City Linn County Flood Buy-Out T. The county was awarded funds to acquire four houses. All demolition is complete. The last home was disqualified for funding. Financials complete. Linn County Flood Buy-Out Phase II. The county was awarded funds to purchase and demolish four homes. This project is now complete. FEMA is currently closing out the project. Grant: $118,169 Source of Funds: FEMA/State of l~owa/Linn County Marion Flood Buy-Out. The City was awarded funds to acquire and demolish three homes flooded by the June 04, 2002 rains. The City closed on one home. The Demolition is completed. The second home was able to get an extension: the extension has been granted until 2005. The City will be closing on the home within the month of May. The third home chose not to participate. Grant: $ 264,117 Source of Funds: FEMA/State of Towa/City Monticello Flood Buy-Out. The City was awarded funds toacquire and demolish two homes flooded by the June 02, 2002 rains. Both homeowners have closed on their homes. The Demolition is completed. The ot. her home was sold by the city and relocated out of the floodplain. Close out is completed. Grant: $133,599 Source of Funds: FEMA/State of Towa/City ECICOG Hous/ng RepOFt ECICOG ITS Ad Hoc Committee Meeting March 31, 2005 ECICOG 108 Third Street SE, Suite 300 Cedar Rapids, Iowa The following members were present: Tom Brase, Johnson County SEATS Sam Gipple, Iowa County Transportation Robyn Jacobson, ECICOG Linda Langston, ECICOG Board Ed Raber, ECICOG Board Joyce Baker, United Way of East Central Iowa Mary Rump, ECICOG Members not present: none Others present: none 1.0 Call to Order Langston called the meeting to order at 12:10 PM. 2.0 Routine Items .1 Approve Agenda M/S/C (Gipple, Baker) to approve the agenda. All ayes. .2 Approve Minutes of Previous Meeting M/S/C (Brase, Gipple) to approve the minutes. All ayes. 3.0 New Business · 1 Discuss Contract Process for Radio Study Rump indicated that she and Jacobson were finally able to talk to Bob Krause. However, following some miscommunication, it was determined that it is not possible to sign a contract with RouteMatch for just the Radio Study. The Radio Study must be part of the software (phase 1) 0fthe project. It is possible to include language in the contract to provide the region with an out following the completion of the Radio Study. 2. Review Revised RouteMatch Cost Estimate and Option/Pricing Matrix Discussions with Ball Dale revealed an error in the original cost estimate for Scenario 6. The revised cost estimate was emailed to committee members, and Rump distributed the revised Option/Pricing Matrix. Following some discussion, the committee was prepared to make a recommendation, contingent upon the inclusion of an out clause in the contract. M/S/C (Baker, Gipple) to recommend to the ECICOG Board to go ahead with Phase 1 (Scenario 6) of the project throughOut the region. All ayes. Langston asked the staff to start on the following things: · Ask Doug to begin a legal review of the contract(s); · Make copies of the option/pricing matrix for the board; · Summarize the Scenario 6 breakdown from the RouteMatch cost estimates; · Ask Bill Dale to do a quick demo for the board; and · Set up a meeting with County Reps, City Reps, Mini Bus Board Chair and Director (maybe April 12 in conjunction with 1DOT Commission Tour). 4.0 Old Business none 5.0 Set Next Meeting Date and Adjourn The meeting adjourned at 3:15 PM. The next meeting was not scheduled, but the committee will reconvene to review the results of the Radio Study. East Central Iowa Council of Governments ITS Ad Hoc Committee Cost Estimate for Scenario 6 2t-Jan-05 ;cenario 6 Software Software Cost Maintenance Maintenance $49,270 $78,890 $124,260 $44,343 $71,001 $367,764 % of PM TS Implementation PM TS Total Federal PM/TS Software Software Cost Maintenance Maintenance Cost 75% Benton 22 $10.839 $0 $12,923 $9,755 $0 $33,518 $25,138.43 !Iowa 19 $9,361 $0 $11,059 $8,425 $0 $28,846 $21,634.21 i Johnson 46 $0 $36,289 $31,438 $0 $32,660 $100,388 $75,290:73 i,; Jones 21 $10,347 $0 $11,680 $9,312 $0 $31,339 $ 23,504.38 ~'~7,~'~$ Linn 50 $0 $39,445 $33.550 $0 $35,501 $108,496 $81,371.78 :'~*;,~i ~ Washington 38 $18,723 $0 $21.124 $16,850 $0 $56,697 $42,522.86 ~,~ ~ ECICOG 4 $0 $3,156 $2,485 $0 $2,840 $8,481 $6,360.63 ~.~ Total $49,27~ $78,890 $124,260 $44,343 $71,00t $367,764 $275,823.00 t~,~ Scenario Option 2 I Option 3 I Cost Cost Total Cost $235,185 $301,790 County % of Option 2 Option 3 Option 2 Opt. 2/3 Cost Cost Federal 75% Johnson 42/30 $98,778 $~,537 $74,083 Linn 58/42 $136,407 $126,752 $102,305 Washington 0~28 $0 $84.501 Total $235,185 $301,790 $176.389 i Guest Editorial '"* By Sara Bixby Gettimj a Handle on Meth Lab Waste I wish it had been some noble social concern that first drew my atten- lng meth lab waste. The key message was "If you find it, don't pick it up. tion to methamphetamine, instead, it was my brother-in-law's story Call law enforcement." The next day, one attendee somewhat sheepish- about a man who received life-threatening freezer burns when he thed ly noted to a deputy that he had previously found a podable air tank while to drain anhydrous ammonia into a 5-gallon LP tank using jury-rigged mowing ditches and took it home for his own use. The tank had corrod- equipment in the middle of the night. Anhydrous ammonia, a common ed valves, a clear sign of anhydrous ammonia being stored in it. Other but controlled agricultural fedilizer in lewa, is also a key component used road crew members have since reported finding coolers of meth-making by do-it-yourselfers to cook methampbetamine (meth). paraphernalia sitting in ditches. Those have been reported to deputies so Meth is a popular, illegal drug that can be made quickly using ingre-they can be properly handled. dients purchased at local grocery and hardware stores, it is "cooked" inThe safety compliance officer for a neighboring landfill notes that op- a couple of processes that use ephedrine or pseudoophedrine (cold erators there have also been trained in identifying illegally dumped meth tablets) as a primary ingredient. Everyday items like drain cleaner, paint tab waste. The training was revisited after a paper picker sent to collect thinner, starter fluid, coffee filters, lithium batteries, matchbooks, glass litter along the highway leading to the facility found meth lab contents jars, coolers, and plastic pop bottles may also used in the production, along the road, picked them up, and brought them back to the landfill for Because the cooking Io- disposal. cations (labs) are kept small Our regional collection center and portable, they're fre- Methamphetamine is as much a waste for household hazardous waste quentiy found in houses, management issue as a drug enforcement one. won't take waste from meth ,ab apartments, outbuildings, cleanups. Transportation to a col- cars, and secluded rural ar- The issues are with hazardous wastes, lection point is too dangerous and the costs are too high, officials say. eas. A recent Iowa news re- with illegally dumped wastes, They go on to caution that labs and port attributed a tire in a ho- tel to a guest manufacturing and longer-term with demolition debris, dumpsites are sometimes booby- meth in a bathroom, trapped to deter snooping. Thus, Meth is a huge drag en: picking a cooler or plastic bin of lab forcement issue in the Midwest. The state of Iowa was second in the na- components from alongside a mad represents a safety risk for em- tion with 1,266 seizures of meth labs, manufacturing equipment, and ployees, for "adopt-a-highway" participants, and in a Bottle Bill state dumpsites in 2003, according to the federal statistics. Officials predict fi- like Iowa for people who walk the roadside collecting cans and bottles hal statistics for 2004 will show it was another record-setting year with to redeem. more than 1,400 seizures. Now, the Iowa Department of Public Health has begun working with But I became more concerned about meth as it dawned on me the landbrds to try to develop standards for cleaning rental units that have drug is as much a waste management issue as a drug enforcement one. housed meth labs. The cooking process leaves behind a sometimes tox- The issues are with hazardous wastes, with illegally dumped wastes, and ic residue soaked into carpeting, seeped into walls, and accumulated in longer-term with demolition debris, drains and septic systems. Exposure to even very Iow levels of the Each pound of "cooked" methamphetamine is repoded by the Min- residue over a long period of time may cause health problems, especial- nesota Department of Health to leave behind 5 to 7 pounds of hazardous ly among young children and the elderly. waste. Cleanup methods, according to draft guidelines published by the When meth labs are discovered and closed by law enforcement Mindesota Department of Public Health, can range from ventilation to agencies, they are treated as hazardous-waste sites. Local and state law washing to removal to, at worst, demolition of the property altogether. enforcement agencies work with the federal Drag Enforcement Agency "Only the most heavily contaminated meth lab furnishings and vehicles (DEA), which has a nationwide contract with a hazardous-waste firm torequire special disposal," the guidelines say. "Most can generally be dis- handle meth tab cleanup. The DEA also pays for disposal of meth posed of in regular landfills and salvage yards." wastes, which currently costs a minimum of $3,000 per lab, according As the manager of a "regular landfill," t will be spending more time to an official from the iowa Division of Narcotics Enfomement. this year trying to make sure landfill operators know how to respond It isn't the labs closed by law enfomement agencies that concern when those wastes arrive. NSW me. It is those that just show up in our operations. ' Last winter, my landfill staff and the road crews from our counfy's Sara Bixby is with theSouth Central lowa Solid Waste Agency-and is a secondary roads department sat through a training session on identify- member of MSW Management's Editorial Advisory Board. bfa~'lluN~ 2005 Management MINUTES EAST CENTRAL IOWA COUNCIL OF GOVERNMENTS Solid Waste Technical Advisory Committee (SWTAC) I PM, April 14, 2005 Cedar Rapids / Linn County Solid Waste Agencyf Cedar Rapids~ Iowa VOTING MEMBERS PRESENT NON-VOTING MEMBERS PRESENT Benton County: Myron Parizek Iowa City/Johnson County: CR/LC SW Agency: Floyde Pelkey Jon Thomas IC/Johnson County: Brad Neumann Iowa Waste Exchange: John Koch, Rick Tama County: Lyle Brehm Meyers STAFF PRESENT Jennifer Ryan Kristin Simon MINUTES: Minutes from the March 2005 meeting were approved as corrected. Local Updates- ///~wa City ! 3ohnson County. Neumann and Thomas reported: · The Iowa City City Council heard the second reading of the public notice for land acquisition adjacent to the landfill. · The DNR conducted an air quality and landfill inspections March 17th. · Hiring summer help for litter control. · The landfill, City Carton and Midwest Electronic Recovery will host an e-waste collection at the City Carton Benton Street drop-off center on April 22® from 10 am to 2pm. · Described dumpster permitting program for downtown to improve the appearance/cleanliness of alleys. · Discussions with recyclable processor regarding the possibility of a co~mingled residential curbside program. · Reviewing and refining the covered load policy at the landfill. Benton County. Parizek reported: · Hiring aerial mapping service for landfill capacity report.. · Discussing issues regarding debris and soil from a train accident in Benton County. Cedar Rapids ! Linn County Solid Waste Agency. Pelkey reported: · A fire in the gas collection building. The emergency action plan was implemented and worked well. · Starting planning process with HDR, the consultant for Site #2 improvements. · Increased distribution of bagged compost. · The City of Cedar Rapids is starting their annual bulky item collection, which will increase truck traffic at Site #1. · Using a new brand of litter fence that is working very effectively. Tarna County. Brehm reported: · Investigating purchase of new dozer equipment. · Grading and moving soil for new cell development. · Receiving new signs for drop-off recycling containers. Iowa Waste Exchange Koch and Meyers reported: · The RFP for the IWE grant was released. · Noticing an increased interest in C & D recovery. · MAHP will be applying for an OIP grant to reopen the EcoYouth Salvage Center. · Eastern Iowa Construction is applying for a SWAP grant for shingle grinding equipment. · Discussed the disposal of"green" treated lumber. Regional update. Ryan reported: · SWAP Applications Form E o Eastern Iowa Construction o Eco Youth Salvage Center o Anamosa Penitentiary ACTION ITEM: Brehm/Neumann (M/S) to sign Form E's with suggested changes. Motion passed. · Comp Plan o The DCI Environmental, Inc. request to be included in the ECICOG Comp Planning area was forwarded from the Solid Waste TAC to the ECICOG board with a recommendation for approval. A resolution was passed by the ECICOG Board to admit DCI into the Comp Planning area once a memorandum of understanding was signed by DCI to provide data for Comp planning purposes. · White Goods o Moor's new processing facility in Kieler, WS is open. Discussed touring the facility for the May TAC meeting. · HHM o ECICOG has not yet received word regarding the HHM Awareness grant application. o ]CCOG submitted a HHM grant for a mobile unit at the Iowa City Landfill. That grant was funded. o NAHMMA is trying to expand service to members by developing regional chapters. Discussion was held, It was suggested that IRA and ISOSVVO be consulted about issues they have had as state affiliates of national organizations~ · Educational o ]ones County has begun purchasing recycling equipment/containers for their school buildings. The educational component of the grant will begin in the fall. o Appointments are being scheduled for the Summer Library Reading Program. · Next meeting: i PM, Thursday, May 12, 2005 at Moor's facility in Kieler, WS. Departure time/location TBA. From Mayor Pro tem Wilburn ~~ THE SEE~~ ~' AsDevelop ~effl~ ...... ~ A R K"~O U~ C A ~'~ N D'~'~'S i' JUNE '1 & 2, 2005 CEDAR RAPIDS, IOWA Participants will learn: · Why protectingfarmland is important and how agricultural land protection programs can enhance the bottom line for agricultural - producers and land owners; · Effective tools producers and planners can use for farmland protection; · The rolea comprehensive farmland protection program plays in controlling Watch for Registration materials sprawl, and how protecting ardving soon! working and open lands can enhance the local tax base. AGENDA PATV BOARD OF DIRECTORS MEETING Thursday, April 21, 2005 7:00 pm PATV - 206 Lafayette Str=ct 1. Call meeting to order 2. Consent agenda 3. Approval of March minutes 4. Old business 5. Short public announcements 6. New business 7. Reports · ICTC · Committees i. Building & Grounds ii. Outreach & Fundraising iii. Refranchising iv. Evaluation v. Bylaws · Treasurer · Management- Iowa Shares, Annual Meeting 8. Board announcements 9. Adjournment If you have additional agenda items or cannot attend the meeting, please contact Joeh at 336-7036, Public Access Television Board of Directors Meeting - Final Draft (Approved as amended) Thursday, February 17, 2005 7:00 PM PA'I'V, 207 Lafayette Street, Iowa City, Iowa 52240 1. Call meeting to order: Began at 7:09 PM. Present were Doug Allaire (11/04- 11/07), Holly Berkowitz (11/04-11/07), John Carhoff (11/02 - 11/05), Jack Fuller (12/01-11/07), Brett Gordon (11/04-11/07), Ross Meyer (11/04-11/07), Phil Phillips (11103ol 1/06), Hannah Weston (11/04-11/07) and Director Josh Goding for management report. 2. Consent to agenda: Jack F. and Doug A, seconded. 3. Approval of December and January minutes: Phil moved to approve January minutes, Ross seconded. Approved. Holly requested approval of December minutes. Ross seconded. Approved. 4. Old business: None 5. Short public announcements: None 6. New business a. Committee recruitment: i. Grounds: Ross, Jack, John. ii. Outreach & Fundraising: All board members. iii. Technology: Steve, Josh, Jack, Brett, Doug, Phil, Holly. iv. Refranchising: Hannah, Phil, Doug, Steve. Research. Discussed extension versus renewal. v. Bylaws: Phil and Hannah. vi. Evaluation (of Josh): Phil, Doug, Holly. Josh advises committees. Staff, producers, public can also be members of committees. 7. Reports i. ICTC: none ii. Committees: a. Building & Grounds: No report other than some slight water damage when snow piled up on north side: No action. In spring we'll have another landsacaping day to help keep up the grounds. b. Outreach & Fundreising - City High, CTC fundraisers: 1. Chili supper: Chili supper a great success and all had fun. The event made $300 and was great publicity. Next time we'll hold something like this in the fall, instead. Need a place that is handicap-accessible in the future. 2. Reggae Band fundraiser at City High; March 24, 2005, Meditations (played with Bob Marley) to play. PATV has rights to videotape and air. John will obtain OK to sell concessions. Probably about 6:30 PM.John and Josh will work on switcher for Reggae. 3. Leftovers from chili supper: Jack and BOD discussed possibilities of raffle of chili supper leftover raffle pdzes. 4. Issues Forum for publicity and fundraising spin-offs: Holly and BOD discussed possibility of issue forums as a means of publicity for PATV with spinoffs for fundraising. Jack suggested that public issues ideas be forwarded to producer's forums. 5. Store: Holly asked about the possibility of a store for producers to sell products, forwarding 5% to PATV, of course, such as calendars or postcards with images from Nature's Logic, Holly's weekly sedes. BOD discussed possibility of a Guild or Fdends of PATV to manage such a project. BOD talked about location of such a store. 6. Bob Jett Fundraiser: Bob Jett would like to do a fundraiser with his band at the Eagle's Lodge: Will donate. Date set 4130/05, 7:00-10:30 PM Saturday at Eagle's. We need volunteers to tape Bob Jett Band. Discussed fundraiser. 7. Open Channel: BOD discussed possibility of starting Open Channel again to draw audience. 8. Other ideas for publicity: Story in Little Village, Chamber of Commerce Events of the Year, Newspapers. 9. Videotape graduation and music? John has found that this is probably not possible. 10. Concerts by Artists sponsored by PATV: Holly to research. May Day. ICPL. c. Technology: None. d. Refranchising: Public forum is taking place April 18, 5:30 PM in the ICPL, Room A. Iii. Treasurer: Made a report about the state of PATYV accounts and investments. iv. Management- Iowa Shares: a. Producers' forum 3110105, 7:00- 8 or 9:00 PM: Producers should bdng clips or shows for critique, no more than 20 minutes in length. Signup sheet in lounge. b. New w~rkshop on media literacy: 'Raising Media-Savvy Kids" to be taught by Liz Preciado, 4~28 7-9 PM at PATV (?). Minutes submitted by Holly Berkowitz 3117/05, checked by Josh and Board 3117/05, Resubmitted by Holly 4/20105. IP9 Marian Karr From: Helen Burford [hburford@mchsi.com] Sent: Wednesday, May 04, 2005 5:03 PM To: Marian-Karr@iowa-city.org Subject: National Historic Preservation Month Good Morning- As a follow-up to the invitation extended to council to participate in the activities planned by Friends of Historic Preservation at Tuesday's council meeting, I would appreciate your efforts to include a copy of the special edition of Friends newsletter in the May 5th packet along with a copy of the following comments and updates: Over the course of the last few months, Friends has made an effort to fulfill your request to find ways to better educate the public about the value of historic preservation and in particular, vinyl siding and replacement windows that may not be the most cost effective and energy efficient replacement material. The program with Bob Yapp will be a significant step taken toward that goal. Friends has created a special edition of its newsletter to promote the events in Iowa City that celebrate National Historic Preservation Month. (A hardcopy is included in your packet) In this edition, you will find background information on Bob Yapp and an interview with him about restoration. We would be very pleased if you would find the time to attend this discussion on Friday afternoon. We look forward to your support: Friday May 6th 5:30pm Englert Theatre Bob Yapp, nationally known Old house authority shows home Owners and contractors how to obtain A paint job that will last 15yrs and how to Repair windows to be more energy efficient and easier to clean. Saturday May 21st 9am-lpm Salvage Barn lC Landfill Learn from the masters on how to Use old house parts. Sunday May 22nd 1-4pm 925 E Washington Open house: view the restoration in Progress of this 81yr old house in The College Hill Conservation District Sunday May 22nd 1pm Nature trail, Grant St. History walk through the Longfellow Neighborhood. Wednesday May 25th 5:30pm Englert Theatre 23rd Historic Preservation Awards 5/5/2005 Past, Present & Future Friends of Historic Preservation Iowa CID,, Iowa Spring 2005 L E D I T I 0 N :ional Historic Preservation Month Restore America: Communities at a Crossroads. Citizens in Iowa City and Johnson County xvill ioin thousands of individuals ~round the country as part of a nationwide celebration of National Historic Preservation Month, May 2005. "Restore Mmerica: "What better way to Communities at a Cros~'road~" is the theme of the month-long celebration, celebrate National which is sponsored annually by the National Trust for Historic Preservation. Historic Preservation Month than by "Historic preservation has made great strides in recent ),ears, but our job is by no means complete," said National Trust President Richard Moe. recognizing the people of "Older business districts and residential neighborhoods are still marred by Iowa City that have disinvestment and deterioration. Landmarks of the recent past don't always dedicated themselves to receive the attention that the), deserve. Sprawl continues to devour precious open space and destroy the character that makes each community unique, preserving their homes and laws that protect historic places are under attack. Preservation Month and neighborhoods?" 2005 calls on us to get involved and tackle the new and ongoing challenges stated Michael Plaharry, we face, and to redouble our efforts to ensure that our movement president of Friends of accurately reflects the vision, energy and diversit), of America." Historic Preservation. As part of the month-long celebration, Friends of Historic Preservation "We would like to make it will be sponsoring several activities, which will include a presentation by historic preservation contractor and author Bob Yapp. The annual I~tistoric easy for more people to Preservation Awards ceremony xvill also be held at the Englert Theatre. restore their homes. We Friends of Historic Preservation is a non-profit organization that supports are pleased to be able to the efforts of the Iowa City Historic Preservation Commission and actively host BobYapp. He will advocates the designation of local landmarks and historic districts. Friends demonstrate to home operates "the Salvage Barn" of architectural materials and parts located at the Iowa City landfill and is currently restoring a house located at 925 E owners, landlords, and Washington Street in the College Hill Conservation District. contractors alike how they can preserve older The National Trust for Historic Preservation, chartered by Congress in 1949, is a private, non-profit organization with more than a quarter million buildings while saving members. It provides leadership, education and advocacy to save America's money." diverse historic places and revitalize communities. D'or more information, visit thc National Trust's ~vebsite at xvw~v, nationaltrust org. The Big Lie: Replace or Restore? Older structures and homes are a goldmme, Yapp practices what hc preaches, in Scpteml0cr 2002 according to consumer advocate and prcscrvalionist, he partnered with the Kentucky Ilcritagc Council Bob 55q>p. On Frida), May 6~t', I3ob Yapp will :lind thc Pine Mountain Sc/tlcmcnt School to start a present thc "Big lac" a discussion of inappropriate hands cm training school to tcaclx practical, cost replacement materials for historic homes. Thc effective rcstoration methodology. And to&tv as a prcsclqtalioll is free and is open to mcnlloers of Commtmitv lh'cscrvation Specialist for thc [ Iistoric Friends and thc public. Thc lecture will be hdd at ],nndmarks l,'om~dation of Indiana, Yapp is oul 5:30pm at lhe Englert Theater, 221 least ~X~shington training contractors and homeowners how to practice Street. cost effective prcscrvation. Thc program at thc [:~nglcrt will cover how to paint fbr less than thc cost of rcplaccmenl siding and how to restore original windows to be marc energy efficient, easily cleaned and just as fm~ctionnl as comparable replacement windows fi)r less BlOllCV. Bob ~sapp is no stranger to [own Cim In Get, lac spent his coll%c >'cars hying in a historic "i" house on Bloon~ngton Street and in Black's Gas Light Village on Brown Street. Iie began his im olvcmcnt with historic preservation in thc 70's when hc bought his first house, a craftsman bungaloxx; to renovate. Since that time, 13o10 Yapp has been revolved in thc restoration or renovation of over 150 historic homes. In thc 80's Yapp became involved in tine revitalization of historic areas m thc Midwest, he 10ccamc an his/oric property rcahor and began a home inspection business. At thc same mac, he dcvclopcd a media career starting with a column m thc Des Moincs Register as "The House l)octor." This column evolved into a nationally known sw~dicatcd radio show and video distributed by PBS. Thc success of this promotion lcd to the 52 program series on PBS, 'SUx)ut Your IIousc with Bob h~qpp." gbo=tYo~r Ho~se b7 Bob%pp and other books Today, ~Sq~p currently writes a column, '%sk Bob", about historic preservation are available at Prairie for Re//oz~/tio, 57)lc ,lI~(ga{inc and a weeny newspaper Lights Bookstore during Historic Preservation colmnn called, 'SUx)ut Your Ilouse." Month. page 2 A Conversation with BobYapp Rep~inted from the Small Home Gazette, a quarter) [environmentally friendly] construction? My first publication of the Twin Cities Bungalow Club. thought is, that's all well and good, but what could be more green than rehabbing an existing house? Small Home Gazette (SHG): What's the state of the old house movement? SHG: Where do we get this idea that preservation is expensive? Yapp: The state of the hold house movement is very good in many ways and scary in other ways. What we've Yapp: Take the replacement product industry for found in the Midwest is that there are a lot of people homes. It spends hundreds of milhons of dollars a who love their old houses. But I'm also fmding a huge year to market their products, to convince you that property rights movement that's growing every day. they're better than what is already on your house. These are people who love their old Does that automatically make it true? homes but don't want what they view Of course not. Yet when I ask a as the 'paint police' or the 'preservation "Preservation group how many have replaced their Nazis' telling them what to do or what x~/mdows or resided their house or not to do with their homes, doesn't cost.,~lt any number of things that are detrimental~and cost them more Most of this resistance is based on ,1 than it should have--they sheepishly misconception. I am often asked to pays. raise their hands. give talks to angry groups of property rights people. Usually I walk out with Part of what I'll be walking people all of my limbs, and at the end of most of those through at the Bungalow Club's presentation is how sessions, we're all hugging. There's a perception with a they can hire someone--or do it themselves--to lot of property rights people that somehow restore original windoxvs in their bungalows, make preservation is a left-wing conspiracy; that we're out to them more energy efficient than a replacement take their property rights away. The truth is, nothing window, almost as easily cleaned as a replacement could be more conservative than preserving and window, for less money than a replacement window. conserving our built environment. Most consumers are blown away when I walk them I end up talking about the economics of practicing through this. They slap their foreheads and say, this preservation, and then they get it. No one's taken the makes perfect sense. They say, why have we been lied time to sit down and walk them through what the big to? They're mad at the replacement product industry lie in America is and how it's raping historic because they've been duped. I'm talking about the homeowners' pocketbooks, vinyl siding industry. And doors. Go to the big-box lumberyards and look at the cheesy doors they sell. SHG: The "big lie"? Take laminate wood floors--they cost as much as Yapp: The big lie is that preservation is expensive, laying a ¼ inch tongue-and-groove oak floor and Preservation doesn't cost; it pays. Retaining original having it sanded. Pre-finished flooring is another materials virtually always costs less than replacing one--in accelerated testing those finishes just don't things, and it's almost alxvays more energy efficient, hold up. It is the ultimate in recycling, based upon the fact that Last year at the Chicago Bungalow exposition I had a our land£flls are 40 percent filled with demolition and large group in a window restoration seminar. I asked construction debris. From time to time I train for a show of hands, and about 60 percent of them architects for the American Institute of Architects. were there to talk to vendors at the fair that were They ask, what do you think about 'green' page Bob Yapp (cont.) Yapp: That is the chsis m America for historic neighborhoods today. It is exactly what my whole selhng replacement windows. At the end of the two- career is based on. It's what I do for Historic hour talk I again asked people to raise their hands, Landmarks Foundation here in Indiana. I identify and asking who was going to talk to the replacement tram contractors in how to do cost-effective, window people, and about five percent of the people preservation-oriented rehab and make a profit while raised their hands. When I asked how many were gong competing with the replacement industry and giving to talk to the window restoration companies, virtually excellent value to the consumer. The problem is that every hand in the audience went up. this is not a nationwide movement. There are probably SHG: Our bungalows are typically small, often plain, five people like myself who do this. and usually not owned by avid preservationists. Hoxv In my opinion, the National Trust for Historic does one go about addressing preservation in Preservation has dropped the ball. They need to hire neighborhoods where people don't drive through and 500 people like myself to go all over the country and think: Wow--what magnificent architecture! Let's save target young, small contractors, kVhat's happening is it! that some contractors know that they can get away Yapp: The question is: have we done our job as with overcharging, but even more importantly, they preservationists? In the big picture, no, we haven't, don't knoxv how to do work efficiently. What the preservation movement did m the first 30 That's what I teach at a school I founded in the years was create this exclusivit); this hoity-toity notion Appalachian Mountains called the Pine Mountain that somehow preservationists were only the well School for Practical Historic Preservation, in concert heeled. The average working family couldn't relate to with the Kentucky Heritage Council. We get that. preservation staff and contractors from all over the My whole mission in life is to take preservation country to come down there to learn cost-effective, through the back door by talking about economics and efficient preservation in the old mode of an self-reliance. Many working families do a lot of thugs apprenticeship. I'm also going into schools and themselves. If they're shown, through education, that starting vo-tech programs for at-risk kids, teaching it's easier to repair that windowsill ~vith epoxy than it them to be preservation contractors. is to rip it out, that it's easier on their pocketbook to SHG: You sound passionate about your work. restore an original windo~v, they'll come around. Yapp: This is my heart, my love--neighborhoods and People are concerned with the bottom line. The preservation, especially the Arts and Crafts era. When I cultural aspects of preservation arc incredibly was a httle kid, all I ever wanted to do was go into a important to me--the sense of neighborhood, of crappy old neighborhood and buy an abandoned keeping interiors and exteriors of old houses intact, house. To me, that was the ultimate in being a pioneer. But we cannot promote preservation to the average To do that was the most romantic thing I could think working family by talking only about the cultural of doing. aspects of preservation. We have to talk about the positive economics, from the methods used to achieve My purpose in life is to be that nerd that does ali the home improvements to the value added to bungalows research, digs up all the studies, finds all the objective that have retained their original features, reformation that's done by not-for-profits and universities that don't have millions of dollars to SHG: There are many people who are sympathetic to market what they've found. I see myself as the repairing their homes or replicating features if original consumer's advocate for old houses and their owners. pieces are gone. But it can be hard to find someone who's willing and able to do that kind of thing, especially at a reasonable cost. It's much easier to fred a ~ vinyl siding salesman. page 4 FOR SALE: 925 Washington Street I:ricnds of I listoric Preservation ,,,,'ill be hosdn~ m~ thc nec'ds o~ f~m~l~'s t'xpcricncmg d~c increasing open lmusc of 925 I&sr Washington on Sunda~; May pace off urban life. Thc house slyle xv~s a perfect 22from l:00pm-4:00pm to provide an opportunity transition for its owner, Herman I t. Pun&, n farmer for thc members of Friends and thc communitx to fi'om tlomcstcad, to rcdrc to Iowa City. view thc project. ()vet thc past 6 months, this 1924 When lq {P acquired thc lac>usc, it had been ,kmcrican Foursquare home has been completely abandoned fbr more than 10 years. All of the renovated and will be sold as a singlc-Gmily home. heating, plumbing and electrical systems had been FHP was intrigued with thc opportunity to save a destroyed and most of tin0 interior woodwork and home in one of Iowa City's conservation districts. Features had been removed. "This provided us xsdth Thc lnousc represents nn cxcdlcm cxmnplc off thc both a challenge and an opportunity. We used influences of bodn d~c lh:nirie and (}raf-tsmm~ styles salvaged materials and replicated historic millwork in of architecture that wcrc prcvalcnt at the time. Built order to recreate thc style and charm of this home. of a sand colored brick, thc two story house has a li% were :dso able to update thc house to better meet simple rectangular plan, a low pitched hip roof and a thc needs of today's Gmilics and bc more energy ktl] width, single story fl;ant porch t:hat covers thc efficient," sass Shelley McCafgcrt)5 architectural asymmetrical entrance. Thc house design fi)OUStS on designer. thc structure and materials which arc both restrained and correct. This moral tone or idealism was exactly Mc(:af~2'rty's design pays attention to the scale and ~ flow of the space keeping tine house simple but xvh:~t home builders of tine period were tr)mg to fSmdly-fl-icndly. The fi'ant porch has been opened, achieve, h was called thc "common sc ~se' style a allowing namrnl light to once again filtcr into thc simple articulauon of design and fhnction co mcct fl'ant room. Inside, an entry hall has been recreated w[lh thc ICCOllStruction of- ~t colormadc that includes OlaC g~fr t:hc original o:d< buill-in bookcases. A cent closet and a guest bath have both bccn carefully added to thc first floor entrance way, offering easy access fi'om thc living, dining and kitchen space. Thc crnfl:sman-stylc feel of thc space is called out through thc usc of thc oak trina that matches original trina that was milled by [tawkc) c Lumber back in thc early 1920's. In ll~c living room, a })rick fireplace is thc focal poin~ and it is flanked by deep paneled doo~vays that [cad to thc dining room. Recognizing that thc fk)rmal dining room has evolved todav into a more casual dining venue, McCaffcrty chose to create marc openness between thc dimng room and kitchen, by creating a pass-through that replicates thc detail of thc living room colonnade. : ::::: ::: :2 Special attention has been paid to thc design of the r updated kitchen. Custom-made cabinets have been constructed by a local, Amish caNnctmal*cr. Thc doors w411 bc of a traditional, fitcc frame Michael Naharr~ and Nolan NcCaffert7 volunteer to paint the front porch. ((.bn//,//ed o, ~/qe 0 page 5 -m ze painting TIlE latest fashion in ttchcap" careless preparation and uuskilled the gallon, BUT--for every 11 gal- " ' ' d paint applesauce is out. It goes daubing of '~Cheap" Palntcr~you Ions of cheap paint reqmre , y like this., ha;'e t~Ie costt&st paint job in the 7gallonsq[]fineoldS~'Pare needed. '~O~ price is very Iow but our world, Don't let these "Applesauce" 'l]lat4-gallonsavingmakesSWPco~t palm isn't'cheap~' h~ cause, etc., etc., Twi~$ fool you, Don~t thr~w good about the same as"cbc ap" paint. etc., etc." nmney away. thc wall or hy the joh. Don't be h~oled. A low.prlce-per- There is only one ;~ay to save Thc cosl of any palm joh divides gallfm means a "cheap" palnt~a mm*ey on a house pMnting job,,, shout llke this: One-third for paiuL skimpedpaint~aterriblycost~¥paint use the best hou~ paint ami let a Two. thirds for lahor. ~et~crv time. And there's no "he- master painter do the wo~. Don't ~ry to save money hy hiring cat~se'¢ t hat can explain it, Fine old SWP llou~ Painb for ex. a '*cheap" palmer. His careless work Only one thing is more costly amplc, ismadeofsuperfinematcrials, will cost ?u dear(v~in repainting thau~'cheap"paiat. J[~st let"Cheap" It may be a little higher priced by Paint's twlu brother, 'Chcap" Don'teagagea,msferpainterand Palmer, in o, the deal. then ask him Io u~ **cheap" paint. There you have a co~fiuation With M1 his skill, he can't make that will make a farce of a~y house '~cheap' paint lt~st. paint job. ~Cheap" Pa~t is costly enough It qnicklycracks, chips, peels. The atone, as thousamts of home owners cheap colors fade. Every ye~ or so it now ~ow. But when yon add ~e ~st°be**rep~nted'at~vye~ense' page 6 ONe 11~ is lrahmd. Hr- km*ws his profes. iSce carefully, lie applies Hm paint skiltfull?. He is applies fine ohl S%P llouse It is the "mtlster lottch" Ami remember, that what is trne of Painl loc )ou it assmtes a bfthe sci, nfllie men of }mnse paint is truc of any other baudsome job ~at louest Sherwln:5~ illiams, te~ior or i~teri~r finish, h must be ualt--a finidt thai ~ill smwe are to "paint' ~dlat Edlsm~ hiolhcr ~ords, fin~ oht SWPand Their **[llils{t~l" Iotl(~h,~' which If yon d. lml kuow a a Master Palmer arc the most et,,- makes SWP lhmse Paint dlffer~ nt pai~der~ho xGll apply {nc d SEeP The ":flasher ~l~)uch" (mi, impossible of su(c, ssful imL will semi ?:)u dm name and address You may h~ar argmnents as to for- Only Sherwin-Williams has it. We wilt als~ s~nd a free cot?' of mulas~tneant to Icad you astra} ()nlySWP House Paiu~ usms l)im> our famo~s llo,~sch(~Id Pai~ti~g balanced formula has been op~ nly hcforc you t:my any cheap pamL in pah~ting. printed for )cars. A~U one {an ha, e tislt [ aim Ileadqnarters, your local [H~h'E~V/f~-~IIZ/~gS i~. Yet the characteristic qualities of Shcrwln-WiBiams d(aler, Get his SWP have never btcn duplicah~d, nd~ice aud material estimate on the it~ the ~r'orid ~ h)'? ]}coat, se formula is only ol~e job. Coral)are it with "cheap" paint. Cleveland - - Oho dtq:,licated and still SWP ~ould main tmchalhmged. B~cause there is om: elcn,ent i~ tlne old SWP that copied suc. eessf~lty. PA I NTS VARNISHES ~ ENAMELS LACQUERS page 7 ~ ........ 925 Washington (cant) construction, x~dth the cabinet doors fitting flush Ii .~ ..~ inside the frame. This higb-quality craftsmanship ........ is complemented by details such as a tile backsplash to recreate the charm of an early Attic/Office kitchen while providing the conveniences of a modern kitchen. Tbe original hardwood floors have been repaired and refinished throughout the first floor. The second floor features a master bedroom stfite, two bedrooms and a second bath. A unique :~ feature of thc master bedroom are the French doors which are original to the house. Unable to use them on the first floor, McCaffcrD~ Balcony incorporated the doors into the large bedroom. In addition, she has moved and restored the original linen closet to be used in tbe master suite. In / keeping x~Sth the period of the house, McCafferty Bedroom designed the master bath to include t-,va pedestal Master sinks and a claw-foot bathtub. All flooring, except Bedroom the northeast bedroom and bathrooms, retains the original hardwood floors. 7In addition to the hving spaces in the house, there is a full basement complete with a laundu5 utility Bedroom room, work area and a two car garage. An unfinished room in the basement could be finished to provide an addition 375 square feet of living space. The attic provides space for an office, storage or a fourth bedroom. The house bas all ne~v plumbing, electrical, and heating and cooling systems. The exterior walls and attic have been completely insulated. Shelley ItcCafferty was the preservation I Entry Hall ~:=i~Kitchen ~i ' ': ~-1~' ,, ] planner for 10wa City for nearly four years. ~ She assisted homeowners and contractors ~:-::.'._~., ~ : comply with the Historic Preservation : : , Guidelines. McCafferty has a Itaster of ~ Porch Architecture degree and several years of Dining Room Living Room Patio architectural design experience. She is currently providing residential design, ~~ i historic presenation and land planning }7~ services, and may be reached at shellmac@ itt.net. page ~ The Longfellow Neighborhood Historic Markers by Tim Weitzel sculpture occurred a little over a year after the initial presentation to thc neighborhood. It took It was a sunny day over ten years ago when I called approximately txventy-six person hours for themarkcrs, Irving \'G.bbcr. \Uc had taken out n lone to buy our thirty person hours f~r thc sculpture. Ir~stnllation was house in thc Longfellow Neighborhood in 1993-- greatly facilitated by thc presence of a xvilling and named for thc I Ienry \XStdsworth Longfcllox~5 Although gencrous crew to donate thcir time and effort for all thc front gambrel storv-and-a half residence was clearly phases of the project. not designed by an architect, it had enough oddities that made tls xvant to learn marc about its history. I Each pot:cntial landowncr was bc contacted meaning had started in thc pubhc library, and then thclocnlbook marc landowners than eventually nccded. Some stores. Thc owner suggested I call Irving. "Can you do landowncrs want to participate, others do not. Some that?" I asked, not with a heavy dose of incredulity, "I have very distinct ideas nl0out how their part of thc mcan, just call him up?" As it turned out, you could, project will look, where the sign will go, crc. and this but m thc event, I land to call his home, and then to his can run rata conflicts xvith the artist's vision for thc hospital room. i le had broken a leg and \vas just itching project. Coordination and conducting the research to talk to someone. An hour and a half later, my head meant that when time \vas not occupied by c mailing rcadv to explode xvith the rapid insemination of or phoning folks, I \wis doing the research and writing historical lore, and 1 thanked him, hung up the phone it up. After that was done, thc copy editor consulted and quicldy wrote as down as much as I could remcmber, with mc several hours per week by e-mail, often had to Little did I know that was only thc beginning of what clarify or locate more hmnanistic details for each topic. there was to learn about the history of thc area. For (()mt~b/ae,/o,/)~(ge l0 years I told myself I would get around to doing more .~ research. Finally, In the fall of 2003, I had an opportunity to volunteer for a project that would at lnsl make tlnal research a rcahtv. In 2003, thc City Council of Iowa City endorsed the concept of providing funding for expansion of the Iowa City Pulolic Art program into the neighhorhoods of thc ciu~ The program, directed to thc city's gcographically defit~cd neighborhoods, provides funding to the rcsidenls of the neighborhood to initiate development of their art programs in their neighborhood. The lxmgfellow Neighborhood decided that a serics of artist designed historical markers would be an ideal way to utilize this funding. Thc project also included a large public sculpture on display along the Nature Trail between Sheridan Ave. and thc tunnel to lx)xvcr Muscatinc Road. Thc proiect was intendcd to bc planned through a very intensive neighborhood participation process. A charette with the artist and ncighbor Will Thomson involved neighborhood residents m thc conceptual and implcmcntation phases of neighborhood art. Planning and research proceeded for many months. The Installation of the markers and page ~ Longfellow Markers (cont.) level. F©llowing that mecting a constant level o£ historical research, dcsign, writing, editing, and Most of this detail was already researched, but I had coordination of cffbrt continued for many hours per been uncertain if the editor and artist preferred a mainly xveek until installation in September 2004. Research factual presentauon, or one that was more ora colorful xvas conducted at a professional level including oral summary. Other than landoxvners, I conducted histories and in-dcpth study of ncwspapers and other interviews with venerable and former residents of the local sources for history. Discrepancies wcrc cross neighborhood, I took a tour of thc proposcd locations checkcd and thc final story verified by at least two with the a ciU' staff members from Engine(ring and sources of information, both primary sources if Ncighborhood Scrvices, I called in an incredibly possible, which gencrally xvas the case. Some of thc complex set of location for Iowa One Call, and mcr discussion about, say, xvhat xvas sold at early with or had phone and c mail conversations xvith local neighborhood graceU' stores or xvhat xvent on at thc nnn-profit groups to find out marc about th(ir histories local hatcheries was anecdotal but came from a primaU- and scck permission to in(lade them in thc project, extant sour(c--someone who saw it happen and can Background rescarch for thc project began in the fifll still tell us about thc event. I had to use somc anecdotal of 2003 to provide cnongh information for a re(cling and rough gucssxvork to calculate how big thc Rundell of thc I.NA public art committee in early January 2004. Park bali field would have been I used recorded \Xk: chose twelve topics to res(arch and then chose the statistics on knoxvn major leaguc parks of that time bcst from those. In this casc "the bcst" meant it was and caleulated a mean, a modc, and a standard broadly interesting to thc whole neighborhood and deviation with a ninety fivepcrcentlevclofconfidence hopefully had historic relevance on a local or larger to conclnde the park lnad to bc larger than a block as · they are plattcd in the Rundell Addition and therefore the a park had to extend past the alley no matter which way it xvas facing. ~ It is always good to remember that many of our popular sourccs ,>f history, xvhilc wondcrfhl at delivering an impressionistic image of life at a given point in time, are often repetitions of twicc told talcs. \Vhcn anecdotal accounts are not from a first hand or eve witness account, which is often the case, those accounts frequently conflict with Gcts provided m ncxvspapcrs and other documents. Even the dates fiDr houses hstcd at thc Assessor's office can be incorrect and if suspect thcy have to be cross check(d, ideally with sU'hstic information and plat maps, dc(ds, or scwer records. Thc archival information on J.H. Maggard and Camp Pope at the State Historical Society was invaluable at solving many debates surrounding places and evcnts. Diaries or even manv reminiscences still providc enough Gctual dctail to alloxv us to veri6' thc wondcrfld color they bring to an othcrxxSse static history when presented only by dates, numb(rs, and formerly learned by rote. page lO Salvage Barn Open House Support Saturday, May 21st Do-it-Yourselfers Welcome! Preservation! Your tax-deductible contribution directly supports Architectural Salvage is growing in populariiy the implementation and expansion of our advocacy, Did you know that architectural salvage is cBay's £:~srcst education and rehabilitation programs that encour- growing categoU' or that Lmnber Liquidators and other age the preservation of our historic, cultural and purvcyors of rcclaimed lumber have created a S70 million architectural heritage. If you are ah'eady a member, dollar-a '}'car business? In fact, salvage has become thc consider increasing your contribution or give a subject o£ yet another television show targeted at thc do-it membership to a friend. Members hip provides: ),ourself market. * A subscription to our newsletter. Thc Salvage Barn, founded by Friends of Historic * A 10% discount on purchases from the Iowa Preservation, is Ioxva City's own resource for architectural City Salvage Barn. · "PreservationAlerts" about timely preservation salv:~gc. Located at the Iowa City Landfill, the Salvage Barn issues. is perfectly located, offering old house p:~rts and materials * Opportunities to participate in Friends activities destined fi~r thc landfill another life. On the first and third such as salvage operations, rehabilitation efforts S:~turdavs of each month you will find the doors of thc Barn and special events. open [~'om 9:00am to l:00pm. 11ere you xvill meet old house * Opportunities to meet like-minded friends. owners, contractors, renovators, designers and even artists Yes, I would like to support Friends of finding nexv uses fi~r old materials. Historic Preservation! Our resident expert on old house parts, Paul Kinney, is there Name(s) to shoxv you how to idcnti~' picture molding from crown Street molding, explain how corbels were attached to stately brick City State houses in thc late 1800 s, find pocket doors or just rillS\vet your <>id house questions Zip Phone I f you haven't bccn out to the Barn lately, come to the open /We do nor snare our member's addresses. ~hone house, Saturday, May _1 , 2005. Just folloxv Melrose qum0ers or email addresses.,, ~\vcnuo out to thc Iowa City landfill. Membership Levels [~ Preservationist $25 Salvage Barn Finds: [n Do-It-Yourselfer $50 ~ Rehabber $100 [~ Master Builder $200 or more 5'x 6' Polished Baluster spindles Limestone E~ This membership is a gift t Oak & pine boards Set of 38 corbels Window sashes [~ Please send information on:volunteer Pocket Doors opportumties. Cupboard doors Interior/Exterior doors Hardware [] Please include me on me email list for preservation news updates. Oak flooring Misc. millwork Bath fixtures lication to: Ea. Box 2001 Baseboard, cap and And much more! Iowa City, plinths page I I 2005 NATION ^ [, P S iWArI' ONMay Calendar of Events ~ ~ hand to explain how to install old doors, Sunday, Hay 22 identi~., picture molding from crown 925 Washington Street Open House molding, and find new uses for old flooring Friends of Historic Preservation NATIONAL TRUS~ and more. The public is invited to bring Restoration Project (.. HISTORIC PRESERVATION their questions and .Id house problems to l:00pm -4:00pm discuss with the experts. ~ Friends will have the doors open at 925 Friday, May 6 May 2~5~- East Washington for the public to view the The "Big Lie" Spring 2004 History Walk and Art restoration of the American Foursquare 5:30pm, Englert Theatre Festival house located in the College Hill l:00pm, Longfellow Neighborhood Conservation District. The house was Join us for a lively discussion with old purchased in October 2004 from the City house master, Bob Yapp. Learn how to The Longfellow Neighborhood of Iowa Cit~. save money and avoid using inappropriate Association invites all Friends of Historic materials for repairing or restoring your Preservation to celebrate National Historic Su~nl,a/', MS~/25 home. This program is perfect for do-it- Preservation Month and to attend the 2Ya Annual Historic Preservation yourselfers as well as contractors. Spring 2004 History Walk and Art Festival. Awards Ceremony An interpretive tour of the seven historic Saturday, May 21 markers is scheduled along with other 5:30pm, Englert Theatre Salvage Barn Open House activities. An information table will be set Property owners, contractors and 9:00am-l:00pm, Iowa City Landfill up the day of the event at the head of the consultants will be recognized for ' Nature Trail South of Sheridan Avenue at historically appropriate projects in the Friends of Historic Preservation is Grant Street. For more information, categories of paint and exterior finishes; celebrating National Historic Preservation contact Tim Weitzel, Longfellow house rehabilitation; porch rehabilitation; Month with an open house at its Salvage Neighborhood Association President, by additions or new construction; and Barn. "Old House" masters will be on e mail: timwendyQbtvalon.net, stewardship. Non-Profit Org. U.S. Postage PAID Iowa City, IA Friends of Historic Preservation Permit No. 343 P.O. Box 2001 Iowa City, IA 52244 BUILDING PERNHT INFORMATION April 2005 KEY FOR ABBREVIATIONS . Type of Improvement · .... ADD - Addition ,' ~:'* ~u ~ ' ALT- Alteration REP- Repair FND - Foundation Only NE ~V - New OTH- Other type of construction Type of Use · RSF- Residential Single Family RDF - Residential Duplex RMF- Three or more residential RA C- Residential Accessory Building MIX- Mixed NON- Non-residential OTH- Other Page: 2 City of Iowa City Date: 5/2/2005 Extraction of Building Permit Data for To: 4/1/2005 Census Bureau Report From: 4/30/2005 Type Type Permit Number Name Address Impr Use .Stories Units Valuation BLD05-00222 GRAHAM PACKAGiNG PLAS 2515 INDEPENDENCE RD ADD NON 1 1 $15,495 FOUNDATION FOR COOLING UNIT Total ADD/NON permits: I Total Valuation: $15,495 ] BLD05-00220 MARK HOLTKAMP 717 E JEFFERSON ST ADD RDF 2 1 $152,006 ADDITION TO SFD TO CREATE RDF Total ADD/RDF permits: 1 Total Valuation: $152,006 ] BLD05-00257 RUSSELL & SHEILA BLOOM 431 PETERSON ST ADD RMF 2 1 $5,600 ATTACHED PERGOLA ABOVE DECK BLD05-00277 PIERCE, CONNIE K 1204 VILLAGE RD ADD RMF 2 1 $1,000 DECK ADDITION FOR TOWNHOUSE UNIT Total ADD/RMF permits: 2 Total Valuation: $6,600 i BLD05-00255 CAROLYN & ANNA BOERNt 237 LEXINGTON AVE ADD RSF 2 1 $216,000 KITCHEN/BATH ADDITION AND REMODEL OF SFD BLD05-00276 BILL & PAT ECKHARDT 514 N LINN ST ADD RSF 2 1 $20,000 ADDITION TO SFD BLD99-00918 RONALD KUZNIAR 1363 SANTA FE DR ADD RSF 1 1 $16,456 SFD PORCH ADDITION BLD05-00232 BRAD & ANNE PARKER 4830 SOUTHCHASE CT ADD RSF 1 1 $13,000 ATTACHED 1 CAR GARAGE ADDITION FOR SFD BLD05-00239 BEN & MARCI WENBERG 1328 E BLOOMINGTON ST ADD RSF 1 1 $12,500 2 CAR ATTACHED GARAGE ADDITION FOR SFD BLD05-00197 SADER, HELIOS 2139 ABBEY LN ADD RSF 1 0 $12,000 SCREEN PORCH & DECK ADDITION FOR SFD BLD05-00209 AUR-CONSTRUCTION 720 E WASHINGTON ST ADD RSF 2 1 $4,750 ADDITION TO SFD BLD05-00244 JON BACH 2710 IRVING AVE ADD RSF 1 0 $1,800 DECK ADDITION TO SFD BLD05-00250 CHARLES J & MARILEE S K! 1110 COTTONWOOD AVE ADD RSF 1 1 $1,200 DECK ADDITION FOR SFD Total ADD/RSF permits: 9 Total Valuation: $297,706 I BLD05-00263 RINELLA BUILDING PARTN 22 S CLiNTON ST ALT NON 2 1 $500,000 REMODEL OF DOWNTOWN RESTAURANT BLD05-00165 JIMMY JACK'S RIB SHOP 1940 LOWER MUSCATINE ALT NON 1 1 $110,000 REMODEL AND ADD OUTDOOR SEATING TO RESTAURANT BLD05-00268 STUFF ETC. 1963 BROADWAY ST ALT NON 1 1 $108,000 ALTERATION OF 24,000 SQ.FT TENANT SPACE FOR USED MERCHANDISE STORE BLD05-00223 SOUTHGATE DEVELOPMEN 901 HOLLYWOOD BLVD ALT NON 1 0 $44,000 ADD FAMILY RESTROOM AND REMODEL PUBLIC RESTROOMS Pag¢ 3 City of Iowa City Date: 5/2/2005 Extraction of Building Permit Data for To: 4/1/2005 Census Bureau Report From: 4/30/2005 Type Type Permit Number Name Address lmpr Use Stories Units Valuation BLD05-00100 RADIO SHACK 1654 SYCAMORE ST ALT NON 1 1 $30,124 INTERIOR REMODEL OF ELECTRONICS STORE BLD05-00188 EDWARD JONES 203 SCOTT CT SUITE 201 ALT NON 2 1 $22,300 OFFICE FINISH OF TENANT SPACE BLD05-00241 J'S FISH & CHIPS 201 S CLINTON ST 155 ALT NON 2 1 $17,894 RESTAURANT FOR MALL TENANT SPACE BLD05-00267 CONGREGATIONAL UNITE[ 30 N CLINTON ST ALT NON 1 1 $15,000 REMODEL OFFICE IN CHURCH BLD05-00233 COOKIES & MORE 1608 1/2 SYCAMORE ST ALT NON 1 1 $4,500 INTERIOR PARTITION WITHIN SINGLE TENANT SPACE BLD05-00243 CAMAY ENTERPRISES COM 14 S CLINTON ST ALT NON 2 1 $2,891 ATM MACHINE ON BUILDiNG EXTERIOR I Total ALT/NON permits: 10 Total Valuation: $8s4,7o9I BLD05-00240 CHRISTIAN RETIREMENT SI 701 OAKNOLL DR ALT RMF 1 1 $25,000 REMODEL OF APARTMENT 103 BLD05-00016 AUR-CONSTRUCTION 507 BOWERY ST ALT RMF 2 1 $4,000 PATIO DOORS FOR RMF ] Total ALT/RMF permits: 2 Total Valuation: $29,000 i BLD05-00228 LARRY & KAREN LENTH 668 TIPPERARY RD ALT RSF 2 1 $17,500 BASEMENT FiNISH OF SFD BLD05-00117 JOE MORELAND 1237 WILD PRAIRIE DR ALT RSF 2 0 $17,000 BASEMENT FINISH OF SFD BLD05-00160 BARRY & MELINDA DEYOU 1314 GOLDENROD DR ALT RSF 2 1 $17,000 CONVERT SCREEN PORCH TO LIVING SPACE BLD05-00097 LIHE WANG & TONG LI 1946 FLANIGAN CT ALT RSF 1 0 $14,000 BASEMENT FINISH OF SFD BLD05-00259 JEFF NERAD 415 BROWN ST ALT RSF 2 1 $14,000 CONVERT SCREEN PORCH iNTO 3 SEASON PORCH FOR SFD BLD05-00224 JOHN KOLAND & MAGGIE IX 224 FAIRVIEW AVE ALT RSF 1 1 $10,000 ADD BATHROOM TO SFD BLD05-00251 ANDY & JEN NOELLER 19 EALING DR ALT RSF 1 0 $8,100 KITCHEN REMODEL OF SFD BLD05-00231 MICHAEL T MCLAUGHLIN 730 BOWERY ST ALT RSF 2 1 $5,000 BASEMENT FINISH OF SFD BLD05-00252 IRENE PATIL 339 MAGOWAN AVE ALT RSF 1 0 $4,800 BATHROOM REMODEL OF SFD BLD05-00249 MICHAEL T MCLAUGHLIN 513 S DODGE ST ALT RSF 2 1 $2,000 CONVERT 3 SEASON PORCH TO BEDROOM BLD05-00278 TRISH ZANDER -HUBING 1425 SPRUCE ST ALT RSF 2 1 $1,581 CONVERT CARPORT TO SCREEN PORCH BLD05-00234 GREATER IOWA CITY HOU5 419 ELMRIDGE AVE ALT RSF 1 0 $500 Install two egress windows Page: 4 Cityoflowa City Date: 5/2/2005 Extraction of Building Permit Data for To: 4/1/2005 Census Bureau Report From: 4/30/2005 Type Type Permit Number Name Address Impr Use Stories Units Valuation Total ALT/RSF permits: 12 Total Valuation: $111,4811 BLD05-00036 VERIZON WIRELESS 637 FOSTER RD NEW NON 1 1 $85,000 MONOPOLE COMMUNICATIONS TOWER AND EQUIPMENT SHED 605 FOSTER RD BLD05-00196 IOWA CITY SCHOOL DIST 1130 SEYMOUR AVE NEW NON 1 0 $30,000 CONCESSION STAND AT ELEMENTARY SCHOOL BLD05-00216 CITY OF IOWA CITY 1317 DOVER NEW NON 2 1 $8,000 PRESS BOX/STORAGE BUILDiNG AT BALL FIELD ] Total NEW/NON permits: 3 Total Valuation: $123,000 BLD05-00225 DONALD BLACK 715 PARK RD NEW RAC 1 0 $43,500 DETACHED GARAGE ADDITION FOR SFD BLD05-00271 DENNIS PARROTT 900 CONKLiN LN NEW RAC 1 1 $35,800 DETACHED GARAGE ADDITION FOR SFD BLD05-00208 STEVE FEDERSPIEL 1102 CHURCH ST NEW RAC 1 I $8,665 DETACHED GARAGE ADDITION FOR SFD BLD04-00846 GREG SEYDEL 620 BROOKSIDE DR NEW RAC 1 0 $4,000 16' x 24' detached shed BLD04-00613 ROBERT M CHAMPAGNE JR 1761 DOVER ST NEW RAC 1 0 $1,500 12' x 18' detached storage shed Total NEW/RAC permits: 5 Total Valuation: $93,465 BLD05-00131 UNIVERSITY VIEW PARTNF 500 S GILBERT ST NEW RMF 3 20 $3,596,829 20 UNIT APARTMENT BUILDiNG WITH BASEMENT PARKING Total NEW/RMF permits: I Total Valuation: $3,596,829 BLD05-00272 RUPP BLDG iNC 53 ALDER CT NEW RSF 2 1 $724,764 SFD WITH ATTACHED 3 CAR GARAGE BLD05-00219 HAMPSTEAD BUILDERS - 1032 PRAIRIE GRASS LN NEW RSF 2 1 $315,000 SFD WITH ATTACHED BLD05-00270 SCOTT & NANCY BYRAM ~ 922 TAMARACK TRL NEW RSF 2 1 $276,000 SFD WITH ATTACHED 2 CAR GARAGE BLD05-00214 MICHAEL GERICKE '3475 KILLARNEY ROAD NEW RSF 1 1 $270,200 SFD WITH ATTACHED 3 CAR GARAGE BLD05-00229 YUNGUI HUANG '3428 KILLARNEY RD NEW RSF 1 1 $247,000 SFD WITH ATTACHED 2 CAR GARAGE BLD05-00195 JASON LEE ,333 DUBLIN DR NEW RSF 2 1 $202,659 SFD WITH ATTACHED 3 CAR GARAGE BLD05-00207 SOUTHGATE DEVELOPMEN · 4186 GUSTAV ST NEW RSF 2 1 $199,645 SFD WITH ATTACHED 2 CAR GARAGE BLD05-00264 MIDWEST HOME BUILDERS ' 30 MARY CT NEW RSF 1 1 $186,572 SFD WITH ATTACHED 3 CAR GARAGE Page: 5 City of Iowa City Date: 5/2/2005 Extraction of Building Permit Data for To: 4/1/2005 Census Bureau Report From: 4/30/2005 Type Type Permit Number Name Address Impr Use Stories Units yaluation BLD05-00237 FRANTZ CONSTRUCTION '3311 WINTERGREEN DR NEW RSF 2 1 $179,192 SFD WITH ATTACHED 2 CAR GARAGE BLD05-00265 JEREMY PATTERSON CONS' ' 3326 WINTERGREEN DR NEW RSF I 1 $172,755 SFD WITH ATTACHED 2 CAR GARAGE BLD05-00248 JEREMY PATTERSON CONS~ ~ 3449 NORTH JAMIE LN NEW RSF 1 1 $170,676 SFD WITH ATTACHED 2 CAR GARAGE BLD05-00261 SOUTHGATE DEVELOPMEN · 4144 RUTH ST NEW RSF 2 1 $166,200 SFD WITH ATTACHED 2 CAR GARAGE BLD05-00221 HAMPSTEAD BUILDERS ' 53 MARY CT NEW RSF 2 1 $165,000 SFD WITH ATTACHED 2 CAR GARAGE BLD05-00142 STEVE KOHLI CONST. · 1341 LANGENBERG AVE NEW RSF 2 1 $164,212 SFD WITH ATTACHED 2 CAR GARAGE BLD05-00215 STEVE KOHLI CONST · 1313 LANGENBERG AVE NEW RSF 2 1 $158,373 SFD WITH ATTACHED 2 CAR GARAGE BLD05-00212 STEVE KOHLI CONST '1327 LANGENBERG NEW RSF 1 1 $141,887 SFD WITH ATTACHED 2 CAR GARAGE BLD05-00155 IOWA VALLEY HABITAT FC ' 2449 ASTER AVE NEW RSF 1 1 $125,083 SFD BLD05-00157 IOWA VALLEY HABITAT FC · 2410 ASTER AVE NEW RSF 1 1 $101,288 SFD [ Total NEW/RSF permits:la Total Valuation: $3,966,506 BLD05-00256 ALFRED MARRON & DARLE 508 E BLOOMINGTON ST OTH RSF 1 0 $500 PRIVACY FENCE FOR SFD Total OTH/RSF permits: 1 Total Valuation: $500 BLD05-00227 DAN CILEK 619 S JOHNSON ST REP RMF 1 0 $7,000 REROOF RENTAL APT BLD05-00235 RIVER CITY PROPERTY MAi 802-04 BENTON MANOR REP RMF 2 0 $6,460 Reroof BLD05-00236 RIVER CITY PROPERTY MAi 916 BENTON DR REP RMF 2 0 $6,460 Reroof BLD05-00266 WALTER KOPSA 320 DAVENPORT ST REP RMF 2 1 $2,343 WINDOW REPLACEMENT FOR RMF I Total REP/RMF permits: 4 Total Valuation: $22,263 BLD05-00247 MATTHEW M TENTINGER 915 N GOVERNOR ST REP RSF 1 0 $6,000 Replace norht foundation wall BLD05-00230 ETHAN FOX 622 DEARBORN ST REP RSF 1 0 $5,000 RESIDING SFD 1N CONSERVATION DISTRICT BLD05-00198 TERRENCE NEUZIL 3201 FRIENDSHIP ST REP RSF 1 1 $3,500 DECK REPAIR FOR SFD BLD05-00218 COREY K CREEKMUR 1157 COURT ST REP RSF 2 1 $1,400 REPAIR OF SOFFET AND FACIA FOR SFD IN HISTORIC DISTRICT Page: -6 City of Iowa City Date: 5/2/2005 Extraction of Building Permit Data for To: 4/1/200S Census Bureau Report From: 4/30/2005 Type Type Permit Number Name Address lmpr Use Stories Units Valuation BLD05-00253 TERRENCE L & JILL CRYER 3201 FRIENDSHIP ST REP RSF 1 1 $1,032 WINDOW REPLACEMENT FOR SFD BLD05-00134 COLLEGE TOWN PARTNER5 916 E BURLINGTON ST REP RSF 1 0 $900 Replace rotted front porch I Total REP/RSF permits: 6 Total Valuation: $17,8321 I GRAND TOTALS: PERMITS: 75 VALUATION: $9,287,392 i You are invited to an Open House At the New Peninsula Neighborhood 1310 Foster Road Iowa City, IA Thursday, May 19, 2005 4:00 PM to 6:00 PM Hosted by: Iowa City Public Housing Authority And Greater Iowa City Housing Fellowship Project Partners CiO, of Iowa CiO' Greater Iowa City Hous#ig Fellowship Iowa Department of Economic Development Hills Bank a~Td Trust MINUTES DRAFT IOWA CITY TELECOMMUNICATIONS COMMISSION MONDAY, APRIL 25, 2005 - 5:30 P.M. CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE PARKING FACILITY MEMBERS PRESENT: Gary Hagen, Brett Castillo, Kimberly Thrower, Terry Smith MEMBERS ABSENT: Saul Mekies STAFF PRESENT: Drew Shaffer, Mike Brau, Bob Hardy, Dale Helling, Sue Dulek OTHERS PRESENT: Kevin Hoyland, Susan Rogusky, Jon Koebrick, Beth Fisher RECOMMENDATIONS TO CITY COUNCIl, The Commission unanimously approved motions to recommend to the City Council that they approve the franchise extension with Mediacom and adopt the Cable TV Enabling Ordinance as proposed. SUMMARY OF DISCUSSION Thrower moved and Castillo seconded a motion to recommend to the City Council that they approve the franchise extension with Mediacom. Smith said the franchise agreement is a good agreement for the City and thanked Mediacom for negotiating in a constructive, cooperative way. The motion passed unanimously. Castillo moved and Hagen seconded a motion to recommend to the City Council that they adopt the Enabling Ordinance as proposed. The motion passed unanimously. Castillo announced he was moving at the end of June to attend graduate school and will be resigning his seat on the Commission. Thrower announced that the April 25 meeting would be her last as she is moving out of the state. Hoyland reported that as the school year comes to a close there will be an increase in productions including graduation ceremonies and concerts on the school channel. Discussions have taken place with Regina representatives regarding placing programming on the school channel. Todd Leach, the library's main production personnel will be leaving the library. It is hoped his replacement will be in place before the end of May. Hardy said that City Channel 4 and Interactive Channel 5 are now able to provide information to TV Guide in a more timely manner. This will enable the Cable Division to have more timely information on the digital tier TV Guide. Castillo said that the Commission has gotten away from sending a representative to the PATV Board meetings and suggested that a representative schedule be drawn up. ELECTION OF OFFICERS Thrower nominated Terry Smith for chair. Castillo seconded and Smith was elected unanimously. Hagen nominated Mekies for vice-chair. Smith seconded the nomination and Mekies was unanimously elected. APPROVAL OF MINUTES Thrower moved to approve the March 28, 2005 minutes. Hagen seconded and they were passed unanimously. Thrower moved to approve the corrected April 18, 2005 public hearing minutes. Hagen seconded and they were passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS Castillo announced he was moving at the end of June to attend graduate school and will be resigning his seat on the Commission. Thrower announced that the April 25 meeting would be her last as she is moving out of the state. SHORT PUBLIC ANNOUNCEMENTS None. CONSUMER ISSUES Shaffer reported receiving 12 complaints. All that could be resolved have been. There were 2 complaints about rates being too high, 5 about technical problems, 2 about programming, and three about being placed on hold when calling Mediacom for extended periods of time. Koebrick said that the problems with the telephone system were due to some upgrades being made. Smith asked about the complaint aired at the franchise extension public hearing. Castillo said he suggested to the person at the hearing to contact Shaffer. Shaffer said he has not heard from him. Smith asked if there had been complaints regarding the recent rate increase. Shaffer said he has not seen an increase in rate- related complaints. Koebrick said the recent rate increase is the lowest percentage increase in a number of years. MEDIACOM REPORT Koebrick reported that he was pleased with the franchise extension public hearing and said that Mediacom has come a long way in three years. Castillo said that Mediacom leases fiber optic cable from McLeod and asked who maintains that fiber. Koebrick said that McLeod maintains the fiber in their sheath and that Mediacom's contract with McLeod ensures that Mediacom will have a reliable source of fiber. UNIVERSITY OF IOWA REPORT No representative was present. SENIOR CENTER REPORT Rogusky distributed the SCTV program schedule. A 4-camera production at the Englert was recently shot. Taping of several performances is planned for May. IOWA CITY COMMUNITY SCHOOL DISTRICT REPORT Hoyland reported that as the school year comes to a close there will be an increase in productions including graduation ceremonies and concerts. Discussions have taken place with Regina representatives regarding placing programming on the school channel. Smith noted that the audio on the school board meetings is vastly improved. Hoyland said this is due in part to new audio equipment recently installed. Efforts to educate meeting participants on the use of microphones are planned and that should also help sound quality. PATV REPORT No representative was present. LEGAL REPORT Shaffer introduced Sue Dulek who will be providing legal services to the Commission. Dulek said she has nothing to report. KIRKWOOD REPORT No representative was present. LIBRARY REPORT Fisher reported that April and May would be less busy than the summer months, which are generally quite busy. Todd Leach, the library's main production personnel will be leaving the library. It is hoped his replacement will be in place before the end of May. A DVD disk changer failed and programming times were slightly reduced. A replacement changer has been ordered. MEDIA UNIT Hardy reported that demand for services from the Community Television Service remains quite high. Recent productions include a panel on the municipal power initiative and the Domestic Violence Intervention Project's 25th anniversary celebration. The time in use in March 2005 of InfoVision has increased 100% from March of 2004. This is due, in part, to the introduction of video-on-demand. The transfer to a Macintosh platform is anticipated for the first week in May. The Media Unit recently taped the Telecommunication Commission's franchise extension public hearing. The production allowed the City Channel staff an opportunity to work out any problems with sending a live signal from the library to any of the access channels. Hardy said that City Channel 4 and Interactive Channel 5 are now able to use a more timely method of providing information to those responsible for the digital tier programming guide. The new procedures permit shorter lead times for program listings and have a comment section where program descriptions can be placed. Hardy thanked Jon Koebrick for his assistance in making the service available. CABLE TV ADMINISTRATOR REPORT Shaffer reported that he has been monitoring legislation in the Iowa legislature regarding municipally owned telecommunications and cable TV systems. The bill's intent is to make it more difficult for municipalities to provide such services. Smith said the legislation sets up a structure a municipality must follow to start a telecommunications or cable TV service. Koebrick said that the bill requires a municipal telecommunications or cable TV service to fund the creation and operations from funds generated by the service. Shaffer said that nearly all municipally owned systems in Iowa have a municipally owned electric utility. Koebrick said that Reinbeck is the lone exception. RECOMMENDATION TO CITY COUNCIL ON CABLE TV FRANCHISE EXTENTION AND ENABLING ORDINANCE Thrower moved and Castillo seconded a motion to recommend to the City Council that they approve the franchise extension with Mediacom. Smith said the franchise agreement is good agreement for the City and thanked Mediacom for negotiating in a constructive, cooperative way. The motion passed unanimously. Castillo moved and Hagen seconded a motion to recommend to the City Council that they adopt the Enabling Ordinance as proposed. The motion passed unanimously. ATTENDANCE AT PATV BOARD MEETINGS Castillo said that the Commission has gotten away from sending a representative to the PATV Board meetings and suggested that a schedule be drawn up. Castillo volunteered to attend the next two meetings. Thrower said it is valuable for new members to become acquainted with the services and operations of PATV. PATV has always been willing to provide Commissioners with tours of the facility. Koebrick offered to provide a tour to Mediacom's facilities and operations at their Cedar Rapids facility. This has been provided in the past and was quite successful. It was agreed to wait until the new members to the Commission are appointed to set up a time. ADJOURNMENT Castillo moved and Hagen seconded a motion to adjourn. The motion passed unanimously. Adjournment was at 6:13 p.m. Respectfully submitted, Drew Shaffer Cable TV Administrator TELECOMMUNICATIONS COMMISSION 12 MONTH ATTENDANCE RECORD 01/01/03 to CURRENT Meeting Kimberly Saul Meikes Brett Castillo Terry Smith Jim Pusack Date Thrower 6/2/03 x x x x x 7/28/03 x _x _x _x 8/25/03 x _x _x x o/c 9/22/03 x x x_ x o/c 10/27/03 x x x x o/c 11/24/03 x x o/~c _x _x 12/15/03 o/c o/c x x x 1/2/04 x o/c x x x 1/26/04 x x x x x 2/23/04 x o/c x o/c x 3~22~04 x x x x x 4/26/04 x x _x x_ O/C 5/24/04 x x O/C x x 6~28~04 x x x o/~c x 7/26/04 o/c x x _x x_ 8/26/04 did not meet did not meet did not meet did not meet did not meet 9/27/04 X X X X X 1 O/25/O4 x x 11/04 Did not meet Did not meet Did not meet Did not Did not meet meet X X X X X 12/20/04 1/24/05 X X __X X X 2/28/05 X X X X Gary Hagen 3/8/05 x x x x x 3/25/05 X O X X X 4/25/05 x o/.c X_. _X x (X) = Present (O)= Absent (O/C) = AbsenffCalled (Excused) MINUTES PRELIMINARY IP13 HOUSING AND COMMUNITY DEVELOPMENT COMMISSION LOBBY CONFERENCE ROOM, CITY HALL THURSDAY, APRIL 21, 2005 Members Present: Jerry Anthony, Lori Bears, William Greazel, Matthew Hayek, Brian Richman, Jayne Sandier Members Absent: Mark Edwards, Rita Marcus Staff Present: Tracy Hightshoe, Steve Long, Deb Briggs Public Present: Charlie Eastham, Maryan Dennis Recommendation to Council: MOTION: Greazel moved to recommend adoption of the FY06 Annual Action Plan by the City Council subject to minor edits as necessary. Sandier seconded the motion. Motion passed 5:1. Anthony opposed. CALL MEETING TO ORDER Chairperson Hayek called the meeting to order at 6:35 PM. APPROVAL OF THE MINUTES FROM MARCH 10 & 17, 2005 Motion: Sandier moved to approve the minutes as submitted. Greazel seconded the motion. Motion passed 6:0. PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA Eastham said that during the HOME and CDBG allocation process he was surprised to notice that the application from Extend the Dream for Affordable Housing did not include a proforma investment analysis. He added that he is extremely puzzled as to how the commissioners scored the application due to the lack of a proforma or how they determined project feasibility/administrative capacity. He stated that the FY06 applicant guide clearly stated that the FY06 Housing Applications required the developers to complete and submit a proforma for the proposed project. Eastham asked why this requirement was not applied to all applicants. Dennis mentioned that they would like to see any group produce affordable housing in the area, but would like to emphasize that there are some process issues, and all the applicants deserve a level playing field when applying for funds. Anthony said that members of the public and members of the community sometimes disagree about what information should be reviewed. Greazel said that there were some flaws in the process, and the commission should be aware of so it would not happen again. Richman said that there were requests for housing and non-housing in the same application, and that challenged the evaluation that was used. Sandier said that in the past there were less than complete applications and some were funded. She added that they would need to determine at what point would a submitted application not be considered. Hayek said there are challenges with the scoring, but ultimately the group consists of volunteers that try to make good decisions. Greazel mentioned that the commission does not necessarily distribute the money based on the final score, but uses their own judgement to determine their final recommendation. Commission agreed to review the allocation process and will set up a subcommittee at the May meeting. Points to review include the scoring and ranking criteria, incomplete applications, and the general process. Hightshoe stated there were some handouts to distribute. Old Brick submitted a project schedule for their FY06 project. Hightshoe stated it would be available if anyone wanted to review it. Hightshoe noted due to the substantial increase of handouts during this year's allocation, the committee formed next month to review the entire process might want to address what will be accepted as correspondence. Housing and Community Development Commission Minutes April 21,2005 Page 2 Hightshoe stated the City contacted our legislators to encourage their support of the CDBG program. Senator Grassley and Nussle submitted letters of support for the program. Hightshoe stated a copy of Senator Grassley's response is available. Staff expects to receive additional letters from legislators. Hightshoe announced there was a change in the way the Iowa City Housing Authority determines subsidy standards for Section 8 vouchers. Hightshoe stated the change, effective March 1, 2005, may affect the FY07 and subsequent rental housing applications as developers may build smaller units (bedroom size) if dependent on Section 8 vouchers. Hightshoe passed out the Subsidy Standards, Assignment of Bedroom Sizes (page 21), from the HCV Administrative Plan for reference. Briggs, Public Housing Coordinator, stated that there was a reduction in subsidy money so in order to make the dollars stretch to serve the same number of families, the Housing Authority decided to revise the number of bedrooms that could be assigned based on family composition. For example, she stated that it used to be that a child had to share a bedroom with a parent until the age of one, but now a single adult with a child under the age of 7 would be assigned one-bedroom. She added that kids of the opposite sex would be assigned one bedroom until the age of 11. Briggs stated families still have the option, depending on their income and the rent charged, to live in a larger apartment. The family would have to pay the difference if they wanted a unit larger than their voucher size (i.e. a family with a 2 bedroom voucher could still live in a $ bedroom unit if they can pay the difference and the rent is not above the Housing Authority's threshold). Bears asked about live-in aides. Briggs stated one bedroom would be added for a live-in aide if required for a disabled person. REVIEW FY06 ANNUAL ACTION PLAN Hightshoe said that the FY06 Annual Action Plan identifies the objectives and projects that will be funded this upcoming year. This year marks the first year implementing our new Consolidated Plan for 2006- 2010 (CITY STEPS). Sandier said that it was her understanding that one applicant has declined funding and there would be $25,000 to reallocate. Hightshoe stated that the River City Housing Collective called staff to decline the funds, however staff was waiting for a written response. Long added that they could not do anything until they receive a letter from the River City Housing Collective declining their use of the funds. The commission discussed if they should recommend funding the Extend the Dream - housing application without a proforma. A real estate analysis was submitted at the question/answer (Q/A) session for this project and the micro-enterprise application. Hightshoe stated Extend the Dream included the real estate analysis with the micro-enterprise application, however as the application exceeded 13 pages it was returned to the applicant. The applicant then submitted it at the Q/A session. Commission members decided to ask for a proforma. Hayek said that after receiving the proforma there should be at least one person opposed to the initial allocation for the Extend the Dream housing project in order to set up another meeting. Richman referred back to the $25,000 declined from the River City Housing Collective. Richman said that given that this is something the.applicant rejected after the commission made their recommendation; maybe it should be upon the Council to take action. Greazel said he does not feel obligated towards reallocating those funds unless the commission thinks they know better where to put that $25,000. Anthony asked what would happen if they do not hear from River City Housing before the Council meets to approve the Annual Action Plan. Hightshoe said that if they do not receive a written response from River City by May 3, the Council would most likely reallocate the money. Richman said there is a legitimacy issue that would appear if the money were to be realiocated by the Commission at tonight's meeting. Other organizations would want to have an opportunity to come and present their case again. Tonight's meeting is not for that purpose and it should be Council's time to make the call. MOTION: Richman moved that if there would be a meeting due to the submission of proforma from the Extend the Dream Foundation, the agenda should only contain that matter. Greazel seconded the motion. Motion passed 6:0. Housing and Community Development Commission Minutes April 21, 2005 Page 3 MOTION: Richman moved to schedule tentatively a meeting for Tuesday, April 26th to discuss the Extend the Dream recommendation. Staff would request a proforma from the applicant for review and distribute via email and mail to commission members. Once the commission members reviewed, at least 4 members must indicate an interest to meet and discuss the allocation by 4:00 PM Monday (the 25th). If not enough interest, staff would cancel the meeting, and the commission would submit the existing recommendations to the Council. The commission discussed. At this point the applicant would have Friday, the 22nd, and Monday morning, the 25th, to submit a proforma. Hightshoe questioned if a proforma was emailed/mailed to members on Monday if they would have sufficient time to review and determine if they have concerns by late afternoon that same day. Richman said that at this point it would be too late in the allocation process to go back and stated this particular concern was just too late in the process to alter their recommendations. He said that in reality the process is not perfect and suggested to present the existing recommendations to the Council. Hayek said that he agrees with Richman due to the time constraints. Richman withdrew his motion. MOTION: Greazel moved to recommend adoption of the FY06 Annual Action Plan by the City Council subject to minor edits as necessary. Sandier seconded the motion. Motion passed 5:1. Anthony opposed. OLD BUSINESS Discussion of FY05 CDBG projects that have not performed per the Unsuccessful or Delayed Projects Policy. Hightshoe said that Neighborhood Centers of Johnson County submitted a bill for their window repairs/replacements totaling $4,996. The work on the windows is complete. Their total FY05 allocation is $6,000. MECCA submitted a reimbursement request for the entire grant at the beginning of April. Hightshoe noted that MECCA typically bills after the second or third quarter due to their reporting system. As clients enter their system they are recorded as high income and/or undisclosed. As they receive income verification the system is updated. Thus at the start of the year, they may not reach the required 51% of their clients as Iow to moderate income due to the number of clients with unverified incomes. HUD requires that all undisclosed recipients be considered high income. As the year progresses and income verifications are received and updated, the percentage of those who are considered Iow to moderate income increases. Hightshoe noted that Old Brick installed the wheelchair lift, but staff does not have a reimbursement request yet. Sandier said that Old Brick has not spent the needed percent by this point. She added that staff should follow the traditional protocol and send them a letter stating they have until a specific date to spend a certain percent of their money. MOTION: Sandier made a motion to send a letter to Old Brick stating that they need to spend 50% of their money by June 1st, and spend 100% by June 30th. Sandier requested that Old Brick provide an updated schedule. If work is not anticipated to be complete by June 30, the commission would request that the applicant submit a request for an extension of time. Motion passed 6:0. NEW BUSINESS Discussion of National Community Development Week Celebration Hayek said that every year they organize the National Community Development Week Celebration. He said that last year the celebration was at the Rack, and was a great success. Hightshoe said this year we may publicize the event more and highlight the contribution CDBG/HOME funds make to our local community due to the current debate over the CDBG program. Hightshoe stated that in the past we have encouraged prior CDBG/HOME recipients to submit letters to area newspapers in support of the program. They are encouraged to describe what the funds have done for their organization. She said that they would need a committee of 2-3 people to help organize the event. Sandier and Hayek volunteered to be on the committee. Housing and Community Development Commission Minutes April 21,2005 Page 4 Hayek proposed to have the monthly HCDC meeting after the celebration. Review and Discussion of the Draft Scattered Site Housing Taskforce's Recommendations. Hightshoe passed out the updated 4/19/05 draft recommendations. Hayek said that these recommendations come after one year of meetings and discussions. He said that there are two recommendations that are tabled because they are still discussing them. He said that the one tabled has to do with the matrix that was submitted. He said that they are getting close to the end. Sandier asked how would this work with the Development Code. Hayek said that they did not study the Development Code rewrite process. He said they have made some suggestions, and some of them seem to have been adopted. Sandier said that she would hate to see the work ~ost and not implemented. Anthony said that the City could choose to take some of the recommendations and say that CDBG/HOME funds could not be spent in certain tracks, however this may limit the supply of affordable housing. Anthony said that his concern derives from the fact that the recommendations that might limit affordable housing are pretty detailed, while those to encourage things such as inclusionary zoning are clich~ statements. There are generalizations about how to increase affordable housing, but not specifics. Richman asked if there is a value to the City assisting the schools in some way in order to help with the special needs implied by Iow income children, rather than taking action which might reduce the future supply of affordable housing. Anthony said that before going to the Council those aspects would need to be discussed. He said that one option for the City that would not reduce affordable housing would be busing, taking kids to schools that have a less concentration of Iow-income kids. Greazel asked how would the recommendations influence the allocation process if the Council would pick all the recommendations. Anthony said that there would be more money available. He said that recommendations 2 and 3 suggest that the additional money would be committed to locating sites in the City that do not have a high concentration of affordable housing. MONITORING REPORTS Neighborhood Centers of Johnson County Hayek said that Neighborhood Centers of Johnson County have made a lot of progress on the windows. The work, he said, is 99% complete. Shelter House Richman was unable to reach anyone from the Shelter House and would present his report at the next monthly meeting. Greater Iowa City Housing Fellowship Anthony said the Housing Fellowship received a grant from FY02 City HOME funds to purchase three lots in Longfellow Manor to be used for 6 rental housing units. The grant, he said, was for $220,000 and in partnership with the Iowa City Housing Authority (10 duplex lots were purchased in Longfellow Manor). Anthony mentioned that the Housing Fellowship received a FY05 City HOME loan in the amount of $190,000 to construct the three duplex buildings. State of Iowa HOME funds, Housing Trust Fund of Johnson County, and Hills Bank are the other sources of funding that have been secured for the project. He added that the environmental part has been completed. He mentioned that the construction would require noise attenuation measures due to the proximity to the railroad. He added that no other significant findings resulted from the environmental assessment. Anthony said that a Request for Qualifications was mailed to nine area architects, and five responses were received. He said that a committee of the Board of Trustees of the Housing Fellowship reviewed the Architects' qualifications and selected John Shaw to be the project architect. Anthony said that City staff, the project architect and staff will meet on Thursday, April 21,2005 to discuss federal requirements for the project. Housing and Community Development Commission Minutes April 21,2005 Page 5 Anthony said that construction would begin this spring/summer. He added that all units must be rented to households at or below 50% of AMI and one unit will be initially rented to a household at or below 30%. Free Lunch Program Greazel said they completed their project to build a storage area for food and misc. items. Free Medical Clinic Greazel said that case management is spending their funds timely. All funds will be spent by the end of the fiscal year. Adjournment MOTION: Greazel moved to adjourn. Sandier seconded the motion. Motion passed 6-0. The meeting adjourned at 8:20 PM, Minutes submitted by Bogdana Rus. s:/pcd/minutes/HCDC/2005/04-21-05 hcdc.doc Housing & Community Development Commission Attendance Record 2005 TeITI1 Name Expires 01/20 02/17 03/10 03/17 04/21 00/00 00/00 00/00 00/00 00/00 00/00 00/00 Jerry Anthony 09/01/05 X X X X X Erin Barnes 09/01/06 X X X X .... Lori Bears 09/01/07 X X X X X Mark Edwards 09/01/05 X O/E X O O William Greazel 09/01/06 O/E X O X X Matthew Hayek 09/01/07 X X X X X Rita Marcus 09/01/06 O/E X X X O Brian Richman 09/01/07 X X X O/E X Jayne Sandier 09/01/05 O/E X X X X Key: X -- Present O -- Absent O/E = Absent/Excused NM = No Meeting ..... Not a Member MINUTES PRELIMINAR'~ PLANNING AND ZONING COMMISSION APRIL 21,2005 EMMA J. HARVAT HALL MEMBERS PRESENT: Ann Freerks, Don Anciaux, Bob Brooks, Beth Koppes, Dean Shannon MEMBERS ABSENT: Jerry Hansen STAFF PRESENT: Bob Miklo, John Yapp, Mitch Behr OTHERS PRESENT: Garry Klein, Caroline Dieterle, Gary Saunders, Kathy Cochran, Larry Schnittjer, Scott Pottorff, Don Hilsman, Jason Hilsman RECOMMENDATIONS TO CITY COUNCIL: Recommended approval, by a vote of 4-1 (Shannon voted against), to amend the South Central District Plan future land use map to show the Aviation Commerce Park Property, on the north side of the airport, as Retail / Community Commercial, and that the South Central District Plan text be changed to reflect the text changes as shown in the 4/15/05 Staff Memorandum. Recommended approval, by a vote of 4-1, (Shannon voted against), REZ05-00004 a rezoning of approximately 54 acres from Public Intensive Commercial (P/CI-1) zone to Community Commercial (CC- 2) zone for property located on Ruppert Road subject to a Conditional Zoning Agreement addressing: 1) Sidewalks to be installed on Ruppert Road from Hwy 1 south to a sidewalk system in Aviation Commerce Park, including pedestrian crosswalks and pedestrian signals at the Ruppert Road / Highway 1 intersection. 2) Pedestrian walkways be provided between the principal buildings on each lot and the public sidewalk system, to be identified and reviewed as part of the site plan review process for each lot. 3) A landscaping plan be required as part of the site plan review process, showing how parking areas, loading docks, outdoor storage, dumpsters are screened from view, and the landscaping of other areas of the site not taken up by required paving or building areas. 4) The preliminary plat indicating necessary improvements to the Ruppert Road / Hwy 1 intersection and the Ruppert Road / Riverside Drive intersection. 5) A future subdivision of the property indicating other transportation and infrastructure required based on the expected traffic. 6) Design criteria for large retail establishments as listed in the April 15, 2005 Staff Report. Recommended approval, by a vote of 5-0, ANN05-00001, annexation of approximately 29.7-acres of property located north and east of Highway 218 and Deer Creek Road and for the Horton property, the city portion of the property tax levy be transitioned according to what is permitted by State Code. Recommended approval, by a vote of 5-0, REZ05-00006, a rezoning of approximately 29.7-acres of property located north and east of Highway 218 and Deer Creek Road from County Residential to Interim Development - Office Research Park, ID-ORP. CALL TO ORDER: Brooks called the meeting to order at 7:30 pm. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. COMPREHENSIVE PLAN/REZONING: A public hearing on an amendment to the Comprehensive Plan to amend the South Central District Plan to change the future land use map designation and plan text to change the Aviation Commerce Park designation from Intensive Commercial to Retail / Community Commercial. Planning and Zoning Commission Minutes April21,2005 Page 2 REZ05-00004, discussion of an application submitted by the City of Iowa City for a rezoning of approximately 54-acres from Public Intensive Commercial (P/CI-1) zone to Community Commercial (CC- 2) zone for property located on Ruppert Road. (45- day limitation: 4/24/05) Yapp said the South Central District Plan identified Aviation Commerce Park as intensive commercial. In 1997 when South Central District Plan had been written, the feeling had been that that property would be appropriate to attract businesses that would have some connection to airport operations and would attract intensive commercial businesses that would not need visibility from Highway 1. During approximately 5- years none of these properties have been leased or sold. The City had recently received a purchase offer for part of the property from a large retailer. For the property to be used for retail development, it would need to be rezoned to Community Commercial. To make the South Central District Plan consistent with Community Commercial zoning, the map would need to be changed. An overhead projection showed the current (1997) South Central District Future Land Use map with the proposed April 2005 version. Yapp said the proposed rezoning would be consistent with all the designation of the commercial properties that fronted on Hwy 1 and the commercial properties to the west. The property to the south, airport property, would not have a negative impact from retail development. Improvements recommended in the South Central District Plan for retail development for this area would include pedestrian improvements, landscaping improvements and other appearance related improvements. Yapp said Staff felt these issues would apply to this property as well as to the other retail properties in the area. Text changes would be needed to the Plan which would include removing the specific reference to Intensive Commercial for this particular property and referring to it as General Commercial Development; removal of the word intensive from several places in the Plan; and removal of specific reference to retail commercial to be referred to as general commercial development in this area. Rezoning: The property is also proposed for Community Commercial zoning. As requested by the Commission at their last informal meeting, Staff had prepared some standards for design of any "big box" business. Big box being defined as anything over 50,000osquare feet in size. The design criteria would serve a number of purposes including · make sure that the design would be consistent with the Gateway One shopping center plaza · allow such a large building to be easily adapted for smaller commercial uses if the main tenant ever left Staff had done research in addition to the information provided by the Commission chair. The proposed design criteria would be very consistent with other things that had been done nationally. These included: · make sure the facade had some projections or recessions at least every 100-feet which would allow the fa(;ade to be more easily broken up into smaller commercial buildings. · require that any fa(;ade that faced a public street or included a public entrance included things that were common in shopping centers such as display windows, awnings, arcades or another entry- way feature. · require that the exterior wall of the building have some details including color change, texture change or other architectural elements at least every 50-feet to add visual interest to the building and to create break-points that might be broken up into smaller buildings at some future time. · make sure that the roof-line had features that would conceal roof-top equipment, would include over-hanging eaves to create visual interest or sloping roofs · require that building materials be brick, masonry, stone, stucco or textured concrete as opposed to being pre-fabricated steel or vinyl panels on at least 75% of the building · make sure that entry-ways had easily identifiable entry-way features such as canopies, over-hangs, arcades, patios, archways, display windows (at least three features to help define the entryway). Yapp said Staff recommended that the rezoning be approved subject to some site design standards that were referenced in the South Central District Plan including: · sidewalk connections from Hwy 1 including a cross-walk at Hwy 1 / Ruppert Road intersection · sidewalk connections to commercial businesses on this property · pedestrian walkways from the Ruppert Road sidewalk to each commercial building Planning and Zoning Commission Minutes April 21, 2005 Page 3 · landscaping plan required as part of the site plan review process which would show screening of parking areas, loading docks, outdoor storage, dumpsters and other areas that are not taken up by required paving or building areas · preliminary plat indicating any necessary improvements to the Ruppert Road / Hwy 1 intersection and the Ruppert Road / Riverside Drive intersection Public discussion was opened. Gary Klein, said with the rezoning they were talking about public land which made it a special case in the first place. It seemed to him that anything that should be done for this instance should be an exception rather than a rezoning issue. Obviously public land could be used a number of different ways including as he'd suggested at the previous Commission meeting a fire station, assisted housing or things that through special exception could have taken place. He asked that the Commission consider that one of their desires was to create a new building that would be allowed to be broken down into smaller retail spaces if the tenant should leave. He wondered if there should be a retro-fitting of the building that will be vacated if the new Wal-Mart was constructed. He asked if Planning and Zoning had any authority to consider that. His second concern was regarding transportation. Klein said the City Council in Winston-Salem, North Carolina had recently had Wal-Mart withdraw a zoning request at a location there, in part, because it had to do with traffic issues. In the Winston-Salem newspaper report that he'd read, the article mentioned that Wal-Mart looked for on a daily basis 25,000 - 30,000 vehicles to visit their shopping center. Klein said he wondered if Ruppert Road access could support that many vehicles trips in addition to the many trucks that went along with that. He said the 1997 Comprehensive Map showed much of the property being considered is no longer agricultural as it was in 1997. The area around the airport itself was significantly different. His point being that land use was being considered; since it seemed to be being used up pretty quickly from 1997 to 2005 one of the things to consider was, was this the best use of public land? Caroline Dieterle, said prior to being on the board for New Pioneer Coop she'd really had no business experience. She's learned a great deal in the time she's been on the board. She was very aware how much store traffic meant to the success of a business. She said considering the investment that is being made into this relocated rezoned spot, she thought what Klein had said about traffic was very pertinent. Traffic had been alluded to very briefly in the Staff report, that there would have to be some changes in the traffic flow. Dieterle said that was probably one of the understatements of the decade. It would make a huge difference to have the amount of traffic there that would make that store a 'successful' store. She was bothered by the land use issue as well. She had been a former member of the Airport Commission during the 1970's. At that time there had been a fight going on about whether or not to continue having an Iowa City airport because of financial issues and "this and that". It had continued to be a struggle ever since. Dieterle said it had always come down to the idea that the airport was needed because of the University of Iowa Hospitals and Clinics and serving them. It was true that the majority of the air traffic that went through the airport was commercial aircraft and persons who came to Iowa City for the sports. The overriding idea was you still needed to have the airport there for UIHC. At that time there had been a real concern about trying to keep the area surrounding the airport free from this type of intensive development because in the event that there would be any type of aeronautic tragedy the amount of casualties realized would be obviously greater if there were heavy development around the outside of the airport. Dieterle said she felt that was still true. Even if the airport were never enlarged or runways lengthened, the fact remained that the more people you put around an airport a potentially bigger disaster could occur. Dieterle she would like to reiterate what Klein had said about the use of public land, this was City land. She felt that we would be sorry down the line if the land were not used for more of a public purpose, even for parks. She asked the Commission to deny this rezoning request and send it back to the Council and ask them, "VVhat were they thinking?" Planning and Zoning Commission Minutes April 21,2005 Page 4 Gary Sanders, said he had a question regarding the change in the Iowa City Charter which now did not allow a referendum on zoning matters as it had in 1989. He asked if the Office of Mr. Yapp or Mr. Behr had contributed to that discussion or entered into the participation of the discussion of the change of the charter so that it was no longer legal to have a referendum based on a land use change as it had been in 1989 when the City of Iowa City voters through petition had had a referendum on the change of land use for the first Wal-Mart. Yapp said he was not familiar with that change. Behr said there had been a Charter Commission appointed by the City Council that had done that. Sanders said he was very pleased that the Commission was going to pass this item this evening because of the fact that they were going to go by the use and not the user. Sanders said he wished to announce for the public, for the Commission and any media present that he, earlier in the day, had made formal contact with the Lion's Den Corporation. His goal was to bring in the largest pornography palace in the Midwest. He restated his name and said he looked forward to coming before the Commission at a future date where again the Commission could consider the land use and not the land user. Kathy Cochran, said as the Planning and Zoning Commission, she assumed that they looked at sustainable growth and issues in planning. In changing the zoning here, she saw a nightmare on 'our' hands for Iowa City. If the zoning were changed to allow a bigger store or bigger retail there, there would be the issues of traffic which had already been brought up and the issues of the airport which had been brought up. What was growing up around that area now were also the housing developments on the south side of the airport and the commercial properties that had since sprung up along Hwy 1. Cochran said if indeed said suggested retail store went in there, there would be issues of empty buildings. She felt better planning was needed; she didn't know what could/would go in there. Additionally there was Menards that would be moving to a larger location which posed the question of another empty building and what would go in there. Cochran said she felt there would be a snowball effect if the Commission changed the zoning and if big or even little retail stores located there. The resulting snowball effect and chain reaction on businesses already located in Iowa City would not be good for Iowa City or for that area of town. It would change the dynamics of that area of town. Cochran said she was not saying that change was not good but the change that was being suggested with the proposed rezoning was definitely not good. She hoped that the Commission would think this through, nip this in the bud now and have better, perhaps more public uses which had already been suggested. She'd prefer to see more moderate to Iow income housing built there, a definite need in Iowa City, or a fire or police annex station(s) built there. Cochran said there were lots of uses for that land to improve it, it should not be rezoned and built upon just to be using it. Because there was a buyer at hand, she didn't think things should be changed just to help them along. It would be a bad decision. Public discussion was closed. Freerks said there had been some good questions and good thoughts brought up. She asked Behr to address the question regarding empty/vacated buildings. She thought other communities had standards regarding this issue. Behr said if she was asking about a user coming in and what would become of their current (old) building, that would not be something that was tied to the rezoning and would not be germane to the Commission's view at this point. They could not consider it. Freerks asked if that could be a consideration somewhere down the road. Would there be anything that the Commission could do about it? Behr said it would not be. He said the City and buyer could work on that separately, but that would not be something that would come through the P&Z Commission. However, if there would be a change in use, then it would be a separate matter. Freerks asked Staff to address the question(s) of traffic. Yapp said Ruppert Road would have direct access to Highway 1 and Riverside Drive, both of which were arterial streets. Highway 1 carried 25,000- 30,000 vehicles currently. Ruppert Road would need to have some improvement with a large traffic Planning and Zoning Commission Minutes April 21, 2005 Page 5 generating use. The City would expect to see the design plans for those improvements with the preliminary plat, not at this stage of the process. Yapp said the Chairperson of the Airport Commission had attended the previous formal Commission meeting and had indicated that the Airport Commission was in favor of this rezoning. Brooks asked if as part of the purchase agreement, was the applicant required to do a traffic study or just that they would do improvements as necessary. Yapp said some of the agreements had already been negotiated as part of the purchase agreement. Staff would have a better idea of any other improvements when they received the preliminary plat. Because this was City property the City would do its own traffic study, the potential buyer was not required to do one. Brooks requested discussion regarding the Commission's standpoint on the conditions that were proposed. He said his interest with the design standards was that the City faced the potential of vacant buildings in a number of cases around the community. Sometimes a developer stepped forward to redevelop a large facility into a vibrant and viable commercial zone as had been the case with WardWay Plaza. His interest in setting design standards was to make a building more adaptable should it become vacant at some time in the future. Freerks said she was interested in the design standards as well for the reasons that Brooks had just stated. She did not like the idea of vacant buildings, if there was any way at all to make a building more viable for the future it would be a small price to pay for the developer. Koppes said she was also in favor of the design standards as outlined in the Staff Report for the reasons Brooks had stated. Anciaux said his sentiments were the same. Motion: Anciaux made a motion to approve an amendment to the South Central District Plan future land use map to show the Aviation Commerce Park Property, on the north side of the airport, as Retail / Community Commercial, and that the South Central District Plan text be changed to reflect the text changes as shown in the 4/15/05 Staff Memorandum. Koppes seconded the motion. Freerks said she felt the proposed Comprehensive Plan change seemed reasonable, it seemed to fit. It didn't matter whether she agreed with what was going there or not, it met the requirements. The change from intensive commercial to retail / community commercial was reasonable. The Intensive Commercial was a bit of an island surrounded by retail commercial, the proposed change would make for a more viable area to have it all be retail commercial. Anciaux said he felt the change in designation was not all that significant from what it had been. It would improve the ability for the City to sell it and build tax base with it. Shannon said he was not comfortable with the change in the Comprehensive Plan. He had not been in favor when a street had been built down the middle. The plan then was to have businesses that would go along with the airport. In keeping with that thought, it was too bad that it had not worked. Perhaps five years was not enough time for Airport Commercial Park to develop. He could not support the change to the Comprehensive Plan at this time. Shannon said it scared him to have this that close to the airport. Maybe the Airport felt good about it but he did not. Shannon said he'd looked at the map and gone to the site, but couldn't see it as a good fit. If they wanted to sell the property then perhaps they should close the airport. Anciaux said he'd asked the question previously if this met the FAA guidelines and it did. If the guidelines were not met then it would all be a mute point. Since the guidelines were met, the FAA apparently felt this would be safe. Koppes said the FAA would not let them build anything if it were not safe. She would support the Comprehensive Plan change. It would match the rest of the area pretty well and looked like a good commercial area. She would not speak on what was moving there, just consider the land use. Planning and Zoning Commission Minutes April 21,2005 Page 6 Brooks said he felt the same way but somewhat reluctantly. The Airport Commission had attempted for five years to market the land with the other zoning but it had not materialized. He felt the change would help concentrate some commercial activity in that area. He would support the proposed change. The motion passed on a vote of 4-1. Shannon voted against. Motion: Koppes made a motion to approve REZ05-00004, a rezoning of approximately 54-acres from Public Intensive Commercial (P/CI-1) zone to Community Commercial (CC-2) zone for property located on Ruppert Road subject to a Conditional Zoning Agreement addressing: 1. Sidewalks to be installed on Ruppert Road from Hwy 1 south to a sidewalk system in Aviation Commerce Park, including pedestrian crosswalks and pedestrian signals at the Ruppert Road / Highway 1 intersection. 2. Pedestrian walkways be provided between the principal buildings on each lot and the public sidewalk system, to be identified and reviewed as part of the site plan review process for each lot. 3. A landscaping plan be required as part of the site plan review process, showing how parking areas, loading docks, outdoor storage, dumpsters are screened from view, and the landscaping of other areas of the site not taken up by required paving or building areas. 4. The preliminary plat indicating necessary improvements to the Ruppert Road / Hwy 1 intersection and the Ruppert Road / Riverside Drive intersection. 5. A future subdivision of the property indicating other transportation and infrastructure required based on the expected traffic. 6. Design criteria for large retail establishments as listed in the April 15, 2005 Staff Report. Anciaux seconded the motion. Freerks said the public had discussed wanting to have the best use for the land, wanting to have parks, police and fire stations. Part of that was having a tax base and having development. She felt right now the best use for this particular piece of land would be commercial. Anciaux said the City was not selling off the whole parcel. If the City wished to install a fire station or other public use they could. Park land could also be developed but it would probably be a step down from what the potential of the land could bear and this was not a good location for a park. He would support the motion. Shannon said what he felt about the changing of the Comprehensive Plan held true about this as well. He was not comfortable with the whole development and felt it was a bad place for it. Shannon said he could not support it. Koppes said what the Commission had previously discussed regarding the Comprehensive Plan was very true. This would be a good commercial use, not talking about who but what. With all the other commercial in the area it would fit in well. Brooks said he hoped who ever the tenants will be in that area would take the hint from the Commission's discussions regarding design criteria and that they were looking for quality, something that would have a future adaptive use if necessary. They wanted the area to be an asset to the community and to this part of the community as well. Brooks said he hoped that the issue with design criteria standards would be helpful in development of that piece of property. Freerks said she was aware that the Commission could do nothing regarding an empty shell, nor tie it to a rezoning but hopefully in the future look into what other communities did in those types of situations. She would be open for ideas as to what had been done with other large buildings that had sat or would have sat empty. The motion passed on a vote of 4-1. Shannon voted in the negative. REZONING/SUBDIVISION ITEMS: REZ04-00017/SUB04-0001'~, discussion of an application submitted by Third Street Partners for a rezoning from Low Density Single-Family Residential (RS-5) zone to Planned Development Housing Overlay - Low Density Single-Family Residential (OPDH-5) zone and a preliminary plat of Village Green, Planning and Zoning Commission Minutes April 21,2005 Page 7 Part XXIII and XXIV, a 76-1ot residential subdivision (38 single-family lots and 38 attached zero-lot line lots) on 25.67-acres of property located on Wintergreen Drive. Miklo said the applicant had requested that this item be deferred to the 5/5/05 meeting while the drainage issues were worked out. Motion: Anciaux made a motion to defer REZ04-00017/SUMB04-00017 to 5/5/05. Freerks seconded the motion. The motion passed on a vote of 5-0. REZ05-00001/SUB05-00003, discussion of an application submitted by James Davis for a Sensitive Areas Overlay Zone and approval of a Sensitive Areas Development Plan and preliminary plat of MSD Davis Addition, a 14-1ot, 50.04-acre commercial subdivision located north of Highway 1, west of 218 subject to the Army Corps of Engineers approval of the wetland mitigation plan prior to Council Consideration. (45 day limitation: 5/14/05) Yapp said this was an application for a 14-1ot commercial subdivision. Lot 3, the large lot located on the north side of Highway 1 and the west side of an extension of Naples Avenue was proposed for Intensive Commercial zoning. Lots 1, 2 and the lots on the east side of Naples Avenue up to Lot 9 were proposed for Community Commercial. Lots on the north end of the proposed cul-de sac would be Office Commercial that would abut existing residential properties off of Kitty Lee Road. The City Council had voted approval of the annexation of this piece of property and voted their first vote on the rezoning ordinance. The rezoning was still in process at the City Council level, the annexation application would be forwarded to the State which ultimately would grant the annexation. A preliminary plat could go forward at this time, a final plat could not be approved until the property was annexed and zoned into the City. The plat consisted of a new street, Naples Avenue, extending into the property with a cul-de-sac to provide access to the commercial lots. Lots 1 and 2 would have access to Kitty Lee Road, a rural designed road. As part of the CZA the road would need to be improved to City standards prior to the two lots having access to it. Because of the presence of wetlands on the property, it would be a sensitive areas development plan. The applicant had prepared and was working with a wetland mitigation plan through the Corps of Engineers who had federal jurisdiction on wetlands. A portion of the wetlands that would be disturbed as part of the development would be mitigated on the west side of Kitty Lee Road and a portion would be mitigated on this property. All the wetlands and stormwater management would be located on an outlot, a proposed pond would be surrounded by a wetland. Staff felt that the wetland buffer was an issue of concern associated with the plat. City Code required a 100-foot buffer around wetlands, a buffer between any development activity and the wetland itself. Once the new wetland and the buffer were established, no paving, grading or other development activity could occur within the wetland buffer. City Code allowed for averaging a wetland in order to provide more protection to one part of a wetland versus another. A 100-foot wetland could be averaged to as little as 50-feet if the 50-feet were made up in another spot. Yapp showed a depiction of the wetland with the 100-foot required buffer. The buffer would extend onto some of the proposed private property lots which was permitted by City Code but no development activity could occur within the buffer. The applicant had proposed averaging the buffer with an extension along Kitty Lee Road. A gas pipeline easement and set-back area from Kitty Lee Road would not be developed due to the pipeline easement. Yapp said Staff recommended that the applicant's proposed averaging layout not be accepted. What was contemplated in the City's Code was an averaging to accomplish greater protection to one area of a wetland than another. The applicant's proposal appeared to Staff to not be consistent with the intent of a wetland buffer, which was to provide some protection to the wetland between it and any development activities, any paved areas that might have run-off and any immediate impacts from adjacent devetopment. Planning and Zoning Commission Minutes April 21,2005 Page 8 It was noted in the Staff report that there needed to be at least 50-feet between the wetland and Naples Avenue. The proposal submitted by the applicant provided the required 50-feet, however the issue of concern was the nature of the buffer averaging. The proposed plat was in conformance with the CZA in other ways. Naples Avenue was proposed to have two north-bound lanes and three south-bound lanes for exiting traffic consistent with the traffic study for this development. It had the appropriate access points to preserve queuing space on Naples Avenue and was acceptable in all other respects. Yapp said Staff recommended deferral pending the minimum 50-foot required wetland buffer being shown and Commission acceptance of the buffer averaging for the wetland area. Koppes asked if there were any federal requirements on the buffering or just City Code. Yapp said the Army Corps of Engineers did not require buffering, it was an Iowa City City Code. Public discussion was opened. Larry Schnittier and Scott Pottorff, MSS Consultants. Schnittjer said they had several issues with the buffering situation. · Staff contended that the drainage channel located in the lineal buffer would probably be filled at the time Kitty Lee Road was improved 'someday.' That was not a know fact · MMS Consultants doubted it because it would entail extra fill over the proposed relocation of the pipelines. There was a considerable drainage area that came down through that space that they felt the buffering would help the impacts to the wetlands. · MMS currently had a permit from the Corps of Engineers approving their proposal. · The Code enforcement agent agreed with their position. Freerks asked if there currently was a wetland along the channel. Schnittjer said there was not. There were two major drainage ways coming from the west that would be incorporated into the drainage channel. Freerks said her concern was, it was a buffer. She didn't see any wetlands along the tentacle strip so it was not buffering anything. Schnittjer said there was no current wetland in that space and there was not proposed to be any in that space. Pottorff said there currently was a strip of wetland that ran in that area, the strip they had shown on the site illustration was MMS' proposed mitigation. They would be filling in the naturally occurring wetland. Freerks said, then it would not be a wetland that would be being buffered later. A wetland buffer was an area that nurtured and supported a wetland. That was why she had concerns. It didn't make any sense that the applicant's engineers were saying that it buffered a wetland, because it did not. Schnittjer said it would be filtering the water that came in from across the road. Freerks said it still was not buffering a wetland. She remembered quite specifically that when the Commission had made the changes and amendments to the Sensitive Areas Ordinance, they had discussed this in great deal. She had understood what the purpose of a wetland buffer was for - it was to maintain, help support and nurture the wetlands that are now proposed to be mitigated by the applicant. She was not seeing that; she was seeing strange shapes that to her didn't seem to have a purpose. Pottorff said MMS felt that that particular drainage way was buffering the wetland as far as cleaning the water that would eventually travel to the wetland more than any other area there. There would actually be water flowing in that ditch. Once Kitty Lee Road was improved there still would have to be a ditch. The rest of the area would be just slope adjacent to the wetland. Except in a very large storm, there would never be water flowing through the rest of the buffer area except for where they had illustrated the strip buffer. Freerks said she was trying to be open and listen to them but she felt it set the wrong precedent. She felt it was giving a piece of land so that something else would work. She asked what was the grade and was it a steep grade? Planning and Zoning Commission Minutes April 21,2005 Page 9 Schnittjer said the north-south gradient would be relatively steep but it would be sloping the other way. What he saw as the difference between Staff's position and their position was, Staff's was a 'physical' buffer, MMS Consultants were talking about an 'ecological' buffer. Pottorff said the north-south would basically be like a road ditch. Going north would drain toward the blue- line stream MMS was creating as part of the mitigation leading toward the pond. There would be a somewhat steep slope; all of the buffer area would be steep slope but they would have part of the steep slope area coming down to the ditch. To him it was still providing benefit to the wetlands. Pottorff said as proposed, the area was sitting much higher than a lot of the adjacent ground. All the lots sat much higher so there would be slope from those lots down to the pond and wetland mitigation fairly all over. Anciaux asked if Staff had seen the federal permit. Schnittjer said they had not he'd just received it. The permit had basically been issued subject to the owner's signature. Once the permit was signed and recorded, then it would be approved and they could start construction. Miklo said the federal government did not regulate buffering. It was a requirement that had been put into place in 1995 when the Sensitive Areas Ordinance had been written. A committee that had proposed the buffer had consisted of environmentalists and developers who had consulted with the buffer averaging was designed to allow some areas that were more sensitive to have a greater buffer and then some areas that were less sensitive to have less buffering. Miklo said regardless of whether the area proposed by the applicant was approved as buffer or not, it was an easement. It was not going to develop, the benefits of it would be there one way or another. The benefits of a buffer located in the otherwise required location would not be there if the applicant's wetland buffering average was approved. Freerks said the Army Corps of Engineers had signed off on the mitigation plan but it had nothing to do with the City's local standards. They were really talking about two separate things. She'd like to see a. revised drawing. Brooks asked how would the lots drain, surface drainage? There was going to be a lot of paving, where would the water be going? Pottorff said MMS was actually not working on the Site Plan, so they were not positive. He guessed that a portion of the front would go out into the street and down to a Iow point and into the pond that way. On the backside he could see the potential of it being piped down into the pond. By standards, it was necessary to pipe 5-year storm to the pond. A larger flow could come down the slope into the back area. Pottorff said he couldn't give the Commission a good answer. Anciaux asked where / which way would the two lots to the north of the large lot drain? Pottorff said he'd like to see them drain off to the street, that was how he intended to grade the lots. There would be more slope going to the north than to the east due to the nature of the ground. He'd like to slope them back toward the street and provide storm sewer in the street for all the lots to bring it down and put the water in the pond. Freerks said she felt Staff's proposed design did what the true spirit of the Sensitive Areas Ordinance asked to do - to buffer a wetlands area, to nurture and help maintain, and give it a little bit of room. Brooks asked what type of area and/or distance to the north property line was being discussed. Pottorff said 20-30 feet and 5-10 feet. Brooks said another concern he had was this was not something that had come up out of the blue, it was something that was part of the ordinance that had been known about when the subdivision was laid out. Especially as it related to the large lot, he hadn't been convinced that the north-south spine along Kitty Lee Road was really serving as a buffer. Brooks said he'd have real reservations about approving the proposed plan. He didn't feel it was following the spirit of what was intended with the buffer zone. It had been know about since the site was being considered for development. Anciaux asked if the Commission had any concerns about the road. Brooks said he was not convinced that the proposal was in the spirit of the intent of what a buffer zone was for. Brooks said he didn't feel it Planning and Zoning Commission Minutes April 21,2005 Page 10 was appropriate to give approval of the requested design until he felt that every attempt had been made. A twenty to thirty foot difference in the large lot was insignificant but perhaps became more significant in the smaller lots. However when talking about the amount of watershed coming off the large lot, he didn't buy it. Schnittjer said he didn't wish to get into an argument. He just wanted to be sure he had a clear understanding of where things were and to express his position. He said he didn't think that the "intent" was well defined in the ordinance. They'd worked on the design concepts for this based on meeting the requirements. These aspects had been in their plans for a long time. The other problem they had with bumping the buffer out to the east was it then became actually the property line of this lot. Development could not occur within any required yard, set-back would be based on the buffer line. An additional twenty foot buffer in the required rear yard in addition to that lot in the two smaller eastern lots. Freerks said there had been other areas developed that had had wetland buffers on them. Schnittjer said they had not been commercial property with the dollar value as it is. Yapp said Staff would and did support reducing the buffer for Naples Avenue as long as it met the minimum 50-feet. Schnittjer said they'd met that requirement. They'd modified the design of the wetland and the location of the street to meet that requirement. Freerks said she felt something more could be done. They could all come to a better understanding of what the ordinance was defined as. Public discussion was closed. Motion: Freerks made a motion to defer REZ05-00001/SUB05-0000~, an application for a Sensitive Areas Overlay Zone and approval of a Sensitive Areas Development Plan and preliminary plat of MSD Davis Addition, a 14-1ot, 50.04-acre commercial subdivision located north of Highway 1, west of 218 subject to the Army Corps of Engineers approval of the wetland mitigation plan prior to Council Consideration. Anciaux seconded the motion. Freerks said to defer would give an opportunity to talk further and come up with a solution. This was a big project and she would like to see it done right. She felt they were close yet very far off in terms of the type of precedent they could be setting by allowing this buffer averaging. The whole idea of a wetland buffer was to buffer the wetland; she didn't see it with the proposed tentacle of land. Freerks said she' d like Staff to work a little harder with the developer for one more try and hoped they could come up with a solution. Shannon said that particular lake didn't even exist until the freeway had been built. He was very sad when the freeway had been built because the lake that had preceded this one had been a dandy lake. It was currently in the middle of the intersection of Highways 1 and 218. The current pond had been established, the previous pond had been much better. Shannon said he had a hard time getting excited about this proposal because he'd tromped down through that area and didn't recall any wetlands being there. He was quite sure it had not been there 20-years ago or it had been very minimal, it had been just a pasture. He had walked down through there many times and didn't recall a pond/wetlands being there: He had a problem with losing natural wetlands and creating them someplace else. Shannon said he was not against wetlands, they were good. However in this particular case he was having a problem with it because it may have been partially created by man. He wanted to do the right thing but had doubts about this particular site. Anciaux asked what was or defined a wetland. Yapp said wetlands had hydrologic soil(s) as well as plant life characteristics. The motion passed on a vote of 5-0. REZONING ITEM: REZ05-00005, discussion of an application submitted by Ace Auto Recyclers for a rezoning of approximately 2.22-acres from General Industrial (I-1) zone to Heavy Industrial (I-2) zone for property south of 2752 S. Riverside Drive. (45 Day limitation: 5/15/05) Planning and Zoning Commission Minutes April 21,2005 Page 11 Miklo said the 2-acre site plus a larger 45-acre site had been annexed into the City in 1974. The eastern area of the annexation had been zoned M-2, Heavy Industrial, which allowed salvage yards under certain conditions. The frontage had been zoned M-l, Light Industrial, which did not allow salvage yards. At the time a Conditional Zoning Agreement (CZA) had been entered into. It had restricted the salvage yard operation to five acres, a series of conditions had been imposed upon the rezoning. The intent had been to keep a light industrial area between the salvage yard and the highway and there would be a berm with landscaping surrounding the salvage yard so it would not be visible from the adjacent light industrial lands, from the river or from the highway. That agreement had been a covenant which had been recorded with the property. It had applied to the owner who'd owned it at that time as well as to all future property owners. It had been recorded with the deed. There had been an attempt to build the berm and some of the landscaping but it had been removed by the owner of Ace Auto and had never been replaced. The current salvage operation now exceeded the 5-acres originally approved. The salvage yard now was approximately 14-acres and had been illegally subdivided. The applicant had approached the City building department about repairs or replacement of shop buildings on the site and had been told that because this was in violation of the CZA as well as the current I-1 zoning that had been applied to the property in 1974, a building permit could not be issued for the expansion or the rebuilding of the shop on the property. A General Industrial (I-1) zone was characterized for the most par~ by manufacturing plants or warehousing. The Heinz Road and Proctor & Gamble areas were good examples of what the intent of the I-1 zone was. It did not allow salyage yards. The proposed zoning, ~-2, was a more intense industrial zone that allowed many of the same things an I-1 zone did but also allowed sand & gravel extractions, more heavy industry and by special exception, salvage yards. Miklo said the Staff Report noted several conditions placed on salvage yards if they are approved for an ~-2 zone. One of the conditions required that a wall or solid fence be built around the property and that the salvage material could not be seen over the top of the fence. The current salvage yard, did not meet the agreed upon CZA nor the fence requirements of the I-2 zone. The Comprehensive Plan called for this area to be an entrance way to Iowa City. It is the first entrance from the Avenue of the Saints and Highway 218. The City intended to build a 6-million dollar road to the north of this property that wou~d cross the Iowa River. One of the intents of that road was to spur economic development, job creation and improvement of the tax base. One of Staff's concerns with adding to the salvage operation in this area was that it would not foster economic development, it would be less likely that this area would be cleaned up, it would not attract job creating or a tax base increasing industry. One of the reasons that the Comprehensive Plan identified this area as appropriate for industrial was because it was one of the few areas of the city where all the features that industrial users looked for were located, i.e.: access to the highway system including the interstate highway system, access to rail, fairly flat land. Staff felt that the whole corridor would be conducive to industrial development. Miklo said Staff felt that there should be a place in the community for salvage yards. It was a service that a community of this size needed and that had been the thinking in 1974 when the agreement was reached. A salvage yard that was bermed, screened, landscaped and not highly visible would be a service to the community. If the original agreement had been adhered to and the owner was possibly thinking of adding to the salvage yard in the area located back from the highway, that would be a different situation. Staff felt given that the previous and existing property owner and operator of this salvage yard had not complied with the current zoning or the previously agreed upon CZA, Staff was unable to support the rezoning request and recommend denial. Miklo showed several photographs of the current location and visual impact of the existing auto salvage yard. Freerks asked if the property had been illegally divided. Miklo said the original owner of the property in the area that had been annexed had been Gordon Russell. He'd had an agreement with Paul Paulsen to operate the salvage yard on the property. At some point it had been subdivided with out the City's subdivision review. Public discussion was opened. P~anning and Zoning Commission Minutes April 21, 2005 Page 12 Don Hilsman, said Ace Auto Recyclers was owned and was operated by Denny McCaw, himself and their sons. It had been stated that they'd expanded to 14-acres. They'd purchased the original 10-acres and owned an additional 16-acres which bordered currently vacant land. Consistent with the 1974 zoning agreement they were operating 300-feet east of Riverside Drive. Paul Paulson had never owned Ace Auto Recyclers. In 1980 they'd leased 10-acres from Paulson and in December of 1982 they'd purchased the 10-acres that they were leasing. At that time they had been in direct contact with a City Inspector regarding the earthen berm. Hilsman said they'd had permission from the City Inspector to remove the berm and spread it out in a ~ow ~ying area. At that time they'd been told by the City to replace the earthen berm with a chain link fence with s~ats on it, which they'd done. Hilsman said they would work with the City on a 60-foot by 120-foot building and there would be a solid screen coming off the building on each side. At this time they had cement blocks 8-feet high that did an excellent job of screening. Hilsman said from time to time they'd had to stack cars, it went back to their situation in 1980 when they'd come to town and were processing or recycling approximately 600 to 700 cars/year. In 2004 they'd processed 1700 cars for scrap. Koppes asked Hilsman if he had any documentation regarding the City giving them permission to remove the berm. Hilsman said at that particular time they'd had someone from the City down there. He should have documented names and stuff, it had kind of been like an inspector at that particular time. Koppes asked if the City might have any documentation. Miklo said the City did have some records of the original 1974 agreement and some legal actions that the City had taken in 1987 that had referred to the lack of agreement. Miklo said he didn't know what had been said in 1980. The area adjacent to Highway 218 / Riverside Drive had never been zoned for this type of operation, regardless of what an inspector might have said or might not have said. Miklo said in terms of the screening of this area, it did not comply with the recorded CZA and it didn't comply with the current requirement for salvage yards. Hilsman said they planned on working with the City on this, they wished to do what was right and to get it done. It was not really an expansion of the salvage yard itself, it would be a warehouse and expanded office to update their facility. It went back to the amount of cars they were recycling. Hilsman said he'd provided letters from adjacent businesses that they would go along with anything that was necessary for Hilsman to do this on his property. Hilsman said they wished to install a building and were willing to spend thousands of dollars to make it look pretty as an entrance to the city. As far as screening, with the 8-foot blocks and a building with wings, that would take care of 70% of the problem. They'd discussed with Staff regarding planters with foliage that kept its color year-round or a solid fence in front of their entrance gate. Jason Hilsman, said Ace Auto Recyclers was a family business that he took a .lot of pride in. Often times their business was portrayed in a negative view as a junk yard. They are recyclers of auto pads. The business had been called Ace Auto Recyclers from its inception. It had had the same name prior to its relocation to Iowa City in 1980 and for the past 25-years. Recycling was a key word, even more than it had been before. Hilsman quoted the Webster's Dictionary definition of recycle and said that everything their business did reflected recycling. They did two main things at their business. Recycle cars - they had an onsite car crusher that smashed cars after which they were hauled to Wilton where they were processed and reused for other steel purposes. They also offered affordable used auto pads which was another form of recycling. Hilsman said he felt they were a service to the city as they picked up many cars from around the city, for the City and from the local businesses. With the recycling of cars there was also a lot of waste involved. They needed a new facility to handle the waste. Every three weeks they recycled 300-400 tires. Hundreds of gallons of waste oil and transmission fluid was recycled. They had a license to resell anti-freeze, they reclaimed Freon from the air conditioning systems and they disposed of over 1700 batteries annually. They operated under safe environmental guidelines and worked with the Department of Natural Resources, The Iowa Waste Reduction Center, were members of the Iowa Automotive Recyclers Association, and one of their staff was an officer on the iRA Board. They had the appropriate permits to recycle, kept up to date on new standards and better ways to run their business. Hilsman said he felt that in all these aspects they were an asset to the community. They needed a new facility to keep up with the city's growth. In 2003 they'd processed 3,804,092 pounds of scrap steel metal Planning and Zoning Commission Minutes April 21,2005 Page 13 or the equivalent of 1268 automobiles. In 2004 they'd processed 5,511,180 pounds, approximately 1778 vehicles, a 510 automobile increase in one year's time. Hilsman said he disagreed with the Staff report that said a recycling facility would have a negative effect on economic development and diminish the general character of the area. He felt recycling should be welcome everywhere. If they built a new building with the proper screening, it would be as nice as any industrial building that would locate there. It would also increase the property values of the adjaoent businesses. Freerks asked if there had been a limit on the number of autos that could be stored on site. Miklo said it was not the number of autos, but the number of acres - 5 acres. Hilsman said their facility had not changed since 1974. The wind had blown their back shop down in 1998. They had not been allowed to expand or rebuild, the building still leaked today. As any business expanded it needed new facilities to progress. Today was 2005 and they had not been allowed to progress. Public discussion was closed. Motion: Freerks made a motion to deny REZ05-00005, a rezoning of approximately 2.22-acres from General Industrial (I-1) zone to Heavy Industrial (I-2) zone for property south of 2752 S. Riverside Drive. Koppes said her preference would be to defer. Anciaux said he'd prefer to see it deferred. The motion died for lack of a second. Motion: Anciaux made a motion to defer REZ05-00005. Shannon seconded the motion. Anciaux said Modern Marvels on the History Channel talked about junk yards and what they were capable of doing. Whether Ace Recyclers could do something like that remained to be seen. He felt they provided a valuable service. He suggested that they provide an elevation that showed the proposed building, it would be helpful. He'd like to see something that would improve the looks of the area. Freerks said she was all for recycling. Under other conditions and if things were different she could support this. What Ace Recyolers did was very important for the community. She'd spoken earlier about setting precedents and she couldn't ignore the fact that they were in violation of their CZA and they were in violation of the underlying zoning. Freerks said she'd have to look at the next person and what they'd do and say. She would not feel right about doing this. The Hilsmans had spoken about doing what was right and spending money, she thought they needed to start with catching up, which probably could not be done it two weeks. It would have to be done over time, then they could come back to the City to try to work something out. Anciaux said he agreed with Freerks. The CZA had been violated, the Hilsman' had an opportunity with this to possibly get it up to snuff and even better. He'd like to give them the opportunity to work with Staff until the next meeting to see if could bring the property into conformance and to screen the property appropriately for an entrance into the City. If it became apparent that things could not be worked out, he would vote against the application. Freerks requested Staff to create a list of things that fit and did not fit in the CZA and in the current zoning. She wished to discuss this again but felt it was a much broader problem. Shannon said this was a bigger problem than what he'd realized. In his mind it was all do-able. He didn't understand why the City had allowed them to continue in violation for this long. Things could be corrected, he'd like to see something worked out to make it the way it could and should be. Koppes said she'd like to see the applicant propose something back to the City. She agreed with Anciaux she would also have to vote to deny the application if progress were not made. She said having an entrance way into the City look good was important. Planning and Zoning Commission Minutes April 21,2005 Page 14 Brooks said he agreed with what had been said and was perplexed that in 20-years if this had been in non-compliance something had not come to a head before now. He would like to see more effort to come into compliance. It was an importance service that needed to be accommodated in the appropriate way. The motion passed on a vote of 5-0. Anciaux said with respect to the e-mail letter from Sham Russell regarding water run-off, had Rick Fosse been apprised of the concern. Miklo said the e-mail had just been received and he would follow up with Fosse. ANNEXATION/REZONING ITEM: ANN05-00001/REZ05-00006, discussion of an application submitted by the City of Iowa City to annex approximately 29.'7 acres of property located north and east of Highway 218 and Deer Creek Road, and rezoning the property from County Residential to ID-RS, Interim Development Office Research Park (ID- ORP). Yapp said Staff had received voluntary requests for annexation from these two properties. The adjacent properties were zoned ID-ORP, Staff recommended the same zoning for these properties. Public discussion was opened. There was none. Public discussion was closed. Motion: Anciaux made a motion to approve ANN05-00001, a proposed annexation of approximately 29.7-acres of property located north and east of Highway 218 and Deer Creek Road, and for the Horton property, the city portion of the property tax levy be transitioned according to what is permitted by State Code. Koppes seconded the motion. The motion passed on a vote of 5-0. Motion: Anciaux made a motion to approve REZ05-00006, a rezoning of approximately 29.7-acres of property located north and east of Hwy 218 and Deer Creek Rd, from County Residential to Interim Development - Office Research Park, ID-ORP. Koppes seconded the motion. The motion passed on a vote of 5-0. OTHER ITEM: Motion: Koppes made a motion to set a public hearing for April 28, 2005 to discuss the proposed new zoning code. Freerks seconded the motion. Koppes asked regarding time limits. Miklo and Brooks suggested the five minute, two minute rule. Miklo said since this was a public hearing and because the Commission would not be voting, they might just want to take input and not respond or give in to a debate. If the hour became late, the Commission could announce that because they were deferring this item and there would be a future opportunity for public input, they were going to close the public hearing. The Commission Chair should announce that the written comments received would be entered into the record. The motion passed on a vote of 5-0. Miklo distributed a revised City Council rotation schedule. It would be revised again when a new commissioner was appointed approximately the first week of May. An .informational meeting would be held at 5:30 pm on Tuesday for persons who owned property in the CB-2 zone. It was not a public hearing, Staff was providing an educational program before the public hearing on the zone changes that would accompany the new zoning ordinance. CONSIDERATION OF THE APRIL 7, 2005 MEETING MINUTES: Planning and Zoning Commission Minutes April 21, 2005 Page 15 Motion: Anciaux made a motion to approve the minutes as typed and corrected. Shannon seconded the motion. The motion passed on a vote of 5-0. ADJOURNMENT: Motion: Koppes made a motion to adjourn the meeting at 9:25 pm. Shannon seconded the motion. The motion passed on a vote of 5-0. Elizabeth Koppes, Secretary Minutes submitted by Candy Barnhill $:lpcdlminu~eslp&z/200514-21 o05.do¢ Iowa City Planning & Zoning Commission Attendance Record 2005 FORMAL MEETING Term Name Expires 1/6 1/20 2/3 2/17 3/3 3/17 4/7 4/21 5/5 5/19 6/2 6/16 7/7 7/21 8/4 8/18 9/1 9/15 10/6 10/20 11/3 11/17 12/1 1 D. Anciaux 05/06 X X X X X O/E X X B. Brooks 05/10 X X X X X X X X B. Chait 05/06 X O X X O ............ A. Freerks 05/08 X X X X X X X X J. Hansen 05/05 X X X X X X O/E O E. Koppes 05/07 O/E X X X X X X X W Plahutnik 05/10 ................................ D. Shannon 05/08 X X X O/E O/E X X X INFORMAL MEETING Term Name Expires I/3 2/14 2/28 3/14 4/4 4/18 5/2 5/16 5/30 6/13 7/4 7/18 8/1 8/15 8/29 9/12 10/3 10/17 10/31 11/14 11/28 12/12 D. Anciaux 05/06 CW X X O/E X X B. Brooks 05/10 CW X X X X X B. Chait 05/06 CW X O ............ A. Freerks 05/08 CW X X X O/E X J. Hansen 05/05 CW X X O/E X O E. Koppes 05/07 CW X X X O/E X W Plahutnik 05/10 CW .................... D. Shannon 05/08 CW O/E O/E X X X Key: X - Present 0 = Absent O/E - Absent/Excused N/M- No Meeting .... - Not a Member CW = Cancelled due to Weather