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Home My WebLink About2006-03-02 Info Packet I;: 1 -....= -~- ~~~i!:~ ~... ~""i.iT__ ...,..- ~ CITY OF IOWA CITY www.icgov.org CITY COUNCIL INFORMATION PACKET March 2, 2006 MARCH 6 WORK SESSION ITEMS IP1 City Council Meetings and Work Session Agendas IP2 Traffic Calming Program brochure IP3 Memorandum from the City Attorney: State Legislative Matters IP4 Memorandum from the City Clerk: Agenda Items for Joint Meeting MISCELLANEOUS ITEMS IP5 Letter from T.M. Franklin Cownie to Mayor Wilburn: FY2007 Community Development Block Grant Program IP6 Letter from Joe Bolkcom to the City Manager: Eminent Domain IP7 Letter to Scott Bullock from the City Manager: Article on Condemnation Legislation IPS Memorandum from the Assistant City Manager: Cable TV Revenues IP9 Letter from Mary Lawyer to Tom Kernen of Procter and Gamble Hair Care: Financial Assistance Program Awards IP10 Police Department Use of Force Report January 2006 IP11 Building Permit Information - February 2006 IP12 Agenda: Johnson County Paratransit Advisory Committee March 3, 2006 [submitted by Council member Vanderhoef] IP13 Agenda: Economic Development Committee March 10, 2006 - Draft of February 16 minutes enclosed E-mail from Julie Johnson, Media Com to City Clerk: Information on Franchising PRELIMINARY/DRAFT MINUTES IP14 Planning and Zoning Commission: February 16, 2006 IP15 Public Library: January 26, 2006 IP16 Airport Commission: February 9,2006 1=1 f~~~8lt -,,;;:.... -....m~ -.- ~ CITY OF IOWA CITY www.icgov.org CITY COUNCIL INFORMATION PACKET March 2, 2006 IP14 MARCH 6 WORK SESSION ITEMS IP1 ncil Meetings and Work Session Agendas IP2 IP3 IP4 Memorandum from Joint Meeting ITEMS IP5 Letter from T.M. Franklin C ilburn: FY2007 Community Development Block Grant Program IP6 Letter from Joe Bolkcom to the City Eminent Domain IP7 Letter to Scott Bullock from the City Ma Article on Condemnation Legislation IP8 Memorandum from the Assistant City n er: Cable TV Revenues IP9 Letter from Mary Lawyer to Tom Assistance Program Awards Hair Care: Financial IP10 Police Department Use of Fore IP11 Building Permit Information February 2006 IP12 Agenda: Johnson County; Paratransit Advisory Comm' ee March 3, 2006 [submitted by Council member Vanderh ef] IP13 Agenda: Economic velopment Committee minutes enclosed PRELlMINARYIDRAFT MINUTES oning Commission: February 16, 2006 IP15 IP16 mmission: February 9, 2006 I = 1 --= -.:r... !:~~~~~ -=-~ .....m!;, _.:.... CiTY OF IOWA CiTY City Council Meeting Schedule and Work Session Agendas IJm March 2, 2006 www.icgov.org . MONDAY, MARCH 6 Emma J. Harvat Hall 6:30p City Council Work Session . Planning and Zoning Items . Traffic Calming Program . Homeless Overflow . Storm Water Construction Site Permits [reference agenda item #6] . State Legislative Matters . Agenda Items . Council Time . Schedule of Pending Discussion Items [reference IP4] . TUESDAY, MARCH 7 7:00p Formal Council Meeting Emma J. Harvat Hall TENTATIVE FUTURE MEETINGS AND AGENDAS I . MONDAY, MARCH 20 Emma J. Harvat Hall 6:30p City Council Work Session . TUESDAY, MARCH 21 7:00p Formal Council Meeting Emma J. Harvat Hall . WEDNESDAY, MARCH 29 4:30p-6:30p Joint Meeting - Local Jurisdictions Emma J. Harvat Hall . TUESDAY, APRIL 4 5:00p 7:00p Emma J. Harvat Hall Special Council Work Session Formal Council Meeting . MONDAY, APRIL 17 6:30p City Council Work Session Emma J. Harvat Hall . TUESDAY, APRIL 18 7:00p Formal Council Meeting Emma J. Harvat Hall . MONDAY, May 1 6:30p City Council Work Session Emma J. Harvat Hall . TUESDAY, May 2 7:00p Formal Council Meeting Emma J. Harvat Hall . . . .Q, , I urJ "''''''Ij''' 0.......... 0 ~ OP ~ P l'1:S P og ~.o Tra.ffic Ca.lm.ing .... d- ~ .... ... Ull'" 0:: ~ '<l "'pfllti Includes: >lD oa tJ1:TO", N!ia~ NUll a n ""8"J:o ?:s:sp Tra.ffic Enforcement mlll~!f . N n-~ .... mj& \j:S lDlDUll "'<'Ij Ca.lming EduCCLtion lD It . 0'0 'dUll a It lD P . PhysicCLl chCLnges :s a ... August 2000 F= more informa.tion contact: Iowa City Planning Department Traffic Engineering Planning: 356-5254 Neighborhood Services: 356-5237 410 East Washington Street Iowa City, IA 52240-1826 ~ (319) 356-5009 FAX I ~ i CITY OF IOWA CITY ! , I I In 1996 the Iowa City City Council , I adopted a traffic calming program I I to help neighborhoods manage jccogtp/pagelcalmng.pSSfJW rising traffic volumes and speeds ! Tra.ffic Calm.ing a roadway to force cars to slow down, or to deter Neighborhood Tra.ffic unnecessary traffic. These physical changes can be as simple as on-street parking and planting trees ca.lmin~ Progra.m Traffic calming is the practice of trying to manage between the sidewalk and curb, to constructing speeds and/or volumes of traffic on residential streets diverters to force traffic to go one way or another. Some Eva.lua.t10n Criteria. using one or more approaches: increased police of the alternatives are shown on the drawing below. enforcement, education, or physical changes to the Other alternatives are available and each application 1. To initiate a traffic study of the street proposed for traffic roadway. Each of these approaches has its appropriate is custom designed to meet each neighborhood's application. and combined they. can help reduce individual needs. calming, a fonnal request is required from the neighborhood unwanted cut-through traffic or reduce speeds on association that includes the street proposed neighborhood streets. for traffic calming, or a petition from residents along the street proposed for traffic calming. Enforcement 2. The street considered for traffic calming Increased police enforcement is , measures should be a local street or a ". "" collector street. effective at targeting high speeds "; during specific times. However, the ." 3. Traffic volumes on a local street should I police department does not have exceed 500 vehicles per day and on a I sufficient resources to provide collector street 1 ,000 vehicles per day. T rafflc continuous enforcement over a volume on any street proposed for traffic sustained period in all calming should not exceed 3.000 vehicles per ! neighborhoods. Therefore, while day. , speeds are rapidly reduced with an I 4. The measured comfortable speed of I officer present, they also return to I their previous level when the targeted drivers (85th percentile speed) should exceed I i enforcement moves to other areas. 5 m.p.h. over the posted speed limn. I The police department does select S. Staff will meet with the neighbors and specific streets to enforce each,_ I month. " detennine which traffic calming measures are reasonable for evaluation. Staff will conduct Educa.tion a traffic study which will include evaluating the potential traffic problems, roadway Education is the process of making geometry, and the impacl on adjacent streets drivers aware of their speeds in (traffic diversion) from the proposed traffic relation to the neighborhoods they calming measures. are traveling in. Several programs 6. The Police Department. Fire Deparbnent, are being used to notify drivers of ambulance service, Public Works their responsibility to obey traffic Deparbnent and Transit Department will be laws. One example is the "Share the asked to comment on the proposed street modification. Road" sign to identify that both bicycles and automobiles have rights and responsibilities while How 'Do I Apply? 1. If the traffic study shows that traffic calming measures using the roadway. Another program that includes can be implemented safeiy, a mail-back survey of aU affected signs as well as TV commercials is the "Check Your FoUowing is a copy of the City's adopted traffic calming residential dweUing units will then be conducted by the City. Speed" program to alert drivers to watch their speeds policy. The most important thing is that the residents A proposal for traffic calming must be supported by 60% of in residential areas. of the neighborhood need to be involved in the the residential dwelling units responding to the questionnaire process. in order to be considered for implementation. Ph,.sica.l Cha.nges City staff would be happy to meet with your S. No minimum number of responses to the mail-back To help control excessive speeds or unwanted cut- neighborhood to explain in more detail some of the survey is required, but a low response rate will be taken through traffic, physical modifications can be made to issues associated with traffic calming. into consideration by the City Council. City of Iowa City MEMORANDUM IP3 Date: March 1, 2006 To: City Council f\. ..J Eleanor M. Dilkes, City Attorne~'- From: Re: Eminent Domain Legislation The Iowa House recently passed HF 2351 on an 83-15 vote. The Senate will take up HF 2351 or its own similar version of the legislation, SF 2046. HF 2351 is a 29 page bill. The Iowa League of Cities has done a 22 page analysis of HF 2351 which is available on its website. I am told that the League will be preparing bullet points for local government officials in the next few days. You requested that I provide you with some "talking points" to use in your discussions with area legislators. Therefore, this memo will highlight some of the most important aspects of the proposed legislation. It is not a comprehensive review of all proposed amendments. While, for the most part, the legislation applies to all acquiring agencies I will refer to "cities" in this memo. I. RESTRICTIONS ON USE OF EMINENT DOMAIN. HF 2351 places restrictions on a city's ability to condemn private property. A. Economic development. Cities may not acquire property by eminent domain for economic development (activities that result in increased revenue, increased employment opportunities, privately owned or privately funded housing and residential development, privately owned commercial or industrial development, lease of publicly owned property to a private party, or recreational development paid for primarily with private funds). 1) As former long time Dean of the Iowa Law school stated in his recent Guest Opinion in the Press Citizen, this restriction could "hamstring the very local governments Iowa is looking toward as the engines of civic revitalization and could thereby stifle badly needed economic growth. " N. William Hines, Domain and development, Press Citizen 1/30/06 2) Condemnation for multi-use parking facilities such as Tower Place and Parking and the new Transportation Center likely would not be allowed due to the private uses in the facilities. Similarly, condemnation for a library expansion with space reserved for growth and leased to private entities would be problematic. The City would have a very difficult burden to prove by clear and convincing evidence that the private uses were "incidental" to the publiC uses and that there was no prudent and feasible alternative to condemnation. B. Surface water impoundment for water supply or recreation. A city can acquire land by eminent domain for surface water impoundment for water supply or recreation only if it demonstrates that no other prudent and feasible alternative exists to accomplish its purpose. 1) The siting and permitting of lakes as surface drinking water sources or recreational use and the siting of water and wastewater treatment facilities is already heavily regulated. The prohibition on condemnation March 1, 2006 Page 2 unless the city demonstrates that no other prudent or feasible facility exists will add further delay and expense. C. Wastewater Treatment. A city can acquire land by eminent domain for wastewater treatment facilities only if it demonstrates that no prudent and feasible alternative exists. D. Parks and recreational facilities. Parks and recreational facilities may not be condemned unless the city shows that it has made a good faith effort to purchase a prudent and feasible location from a willing seller. E. Landfill. A city may not condemn for a landfill unless the property is located immediately adjacent to an existing landfill. 1) This provision will prevent the siting of any new landfills in Iowa. F. Airport. The city may condemn property outside the City's limits for an airport or aviation uses only if approved by the Board of Supervisors after a public hearing. G. Slum and Blighted Areas. A city may acquire property by eminent domain in a slum and blighted area only if each property meets the definition of slum or blighted or 75% or more of the assessed value of the property within the urban renewal area is in a slum or blighted condition. 1) The new requirement that only slum and blighted properties in an urban renewal area will be subject to condemnation unless 75% or more of the assessed value of all the property is in a slum or blighted condition will make redevelopment of sizable tracts difficult. H. Former property owner's right to re-acquire condemned property if not used for purpose acquired within 5 years. The bill includes a new provision allowing a property owner whose property was acquired by eminent domain to reclaim the property if not developed or used within 5 years for the purpose stated in the application for condemnation. 1) Arterial roadways, water and wastewater treatment plants and landfills often take more than 5 years to plan and construct and it is often necessary to acquire property far in advance of construction. This provision will make it very difficult, if not impossible, to pursue such large long-range projects. 2) The Public Works Director reports the following: A five year horizon for land use at landfills is not practical. The IDNR requires landfills to prepare Development and Operation Plans that outline their short term and long-term plans. The IDNR will not accept plans that project long term use on land that the landfill does not own. This IDNR policy reaffirms that it is prudent for landfills to acquire and own land that will not be used for a period of greater than five years. March 1, 2006 Page 3 II. BURDEN OF PROOF. In any action contesting whether the eminent domain authority is being exercised for a public use or purpose the burden of proof is on the acquiring agency to prove by clear and convincing evidence that the proposed use or purpose is allowed by the statute and, that there is no prudent or feasible alternative to condemnation. A. For years the courts have deferred to local legislators' judgment as to what constitutes a public use or purpose, explaining that local officials, not courts are responsible for making these judgments. Particularly given the lack of criteria as to what constitutes a "prudent and feasible" alternative, the courts will become the arbiters of what constitutes a public purpose. Not only has the burden been shifted to the government but the "clear and convincing" burden of proof is higher than the preponderance of evidence burden in most civil lawsuits. It is inevitable that the city's decisions will be challenged far more often, leading to significant expense and delay. III. ATTORNEYS FEES AND COSTS. Under current law the City must pay the property owner's attorneys fees and costs if the commission's award exceeds 110% of the last offer or, if on appeal the award is increased. The proposed legislation requires the city to pay attorneys fees without regard to the outcome. A. This provision will result in fewer settlements and more condemnations and appeals, resulting in increased delays and costs for cities acquiring property for public purposes. IV. PROPERTY TAX ABATEMENT ON REPLACEMENT PROPERTY. The proposed legislation includes a new provision that limits for 10 years the amount of property tax which a property owner whose property was acquired by eminent domain must pay on replacement property. The amount of tax on the replacement property would be limited for 10 years to the lesser of the tax paid on the condemned property or the amount of taxes on the replacement property. A. It is unfair for a property owner who has been fully compensated for the condemned property to receive a tax benefit in the event it requires a more valuable replacement property. I have also attached a "List of Problems with Eminent Domain - HF 2351" that City staff received from the League. cc: Steve Atkins, City Manager Dale Helling, Assistant City Manager Marian Karr, City Clerk Mitch Behr, Assistant City Attorney Karin Franklin, Planning Director Rick Fosse, Public Works Director eanor/memleminentdomain.doc List of Problems with Eminent Domain - HF 2351 I. Economic Development - prohibition 2. Slum and Blight - 75/25 (League collecting information from cities - what effect does this have) 3. Public Purposes: a. Landfill - must be adjacent to existing landfill b. Wastewater treatment - prudent and feasible test c. Airport - can condemn outside city limits, but only if county says so. New requirement says Board of Supervisors must hold public hearing and approve acquisition by resolution. Gives veto power over expansion of existing and building of new airports. d. Surface water - prudent and feasible test 4. Burden of Proof - clear and convincing evidence 5. Notice requirement - applies to cities, but not DOT. Requires notice for ALL property and public hearing. Also requires posting notice. 6. Compensation Commission deliberation - As amended, DOT can hold closed session, but governmental entity cannot. 7. Rental payments - bill allows deferral of payment of rent until damage awarded. 8. Reasonable Attorney fees and costs - Current law allows for award if award by Compensation Commission is over 110% greater than offer made by city 9. Repurchase of property at current appraised value or FMV at time acquired by agency, whichever is less 10. Owner right to reclaim property if not developed per application within 5 years. Arterial roadways, water and wastewater treatment plants and landfills need more than 5 years to complete II. Joint action agency approval - unwieldly and jeopardizes tax exempt financing. Amended in House to exempt MRES and Lewis and Clark 12. Property Taxes - limited to taxing amount for acquiring property if relocate within county. Negative effect on taxing jurisdictions - unfair for taxpayer to receive tax benefit for larger property 13. Increases expenses to include relocation reimbursement when NOT economically feasible and allows for reimbursement for loss if existing business and relationships. ,~ j ~~~~'t -";;;;:"''''~DII'' ......~ CITY OF IOWA CITY~ MEMORANDUM . DATE: March 2, 2006 TO: Mayor and City Council Marian K. Karr, City Clerk ~t?- FROM: RE: Agenda Items for Joint Meeting Iowa City will be hosting the next joint meeting of the City Councils ofIowa City, Coralville, and North Liberty; the Iowa City Community School Board, and the Johnson County Board of Supervisors. The meeting date is scheduled for March 29 at 4:30. . The meeting is scheduled to last about two hours. Prior to asking for agenda items from the other jurisdictions staff felt it was important for you to discuss possible inclusion of items that may require a block of time on the agenda. A work session item has been scheduled for next Monday for that purpose. After the work session staff will follow up with other jurisdictions. A complete agenda and meeting date confirmation will be available in your packet preceding the meeting. cc:jointmeetingrequestforitemslLdoc PENDING DISCUSSION ITEMS TO BE SCHEDULED Eminent Domain (State Legislative Matters) Senior Center / Parks & Recreation - programming/management Southeast District Plan - consultant funded Go over goal session results Meet with Schools County Coralville North Liberty etal Scattered site Family Resource Centers Sales tax Other housing issues Others to invite? Housing Authority Housing Trust Fund Washington County City of Washington General housing discussion affordability homelessness other topics Upcoming Work Sessions: 3/20, 4/17 Joint Meeting: 3/29 GOAL SETTING (January 24, 2006) "Capital Improvement" Adopt a Capital Improvement Proqram t'(Q)j9t Additional Police & Firefighters North Side Fire Station Upgrade Benton Street Completion of east side trail to Creekside park & onto D.T. & River via wide sidewalk on Muscatine & Burlington Loop trail around Sand Lake / Completion of trail from Scott Blvd. to River via Rochester & Jefferson' or Market .. . sidewalks "Economic Development" Make Iowa Citv an enticinq place to live. work. do business and recreate More business friendly City of Iowa City Continue to grow tax base Change perception of doing business Increase city revenue diversity Increase destination events SupporUEnhance/Nurture SOT A Cultural & Entertainment available to all Economic Development is about jobs that pay a healthy wage Expansion of Industrial Parks - Scott 6 - Airport S Strengthen - Summer of the Arts (SOT A) Big Idea - Eastern Iowa Airport Good jobs increase industrial/cornrnercial tax base support UI Ec. Devel Keep Taxes Low How can we.... VS .... We can't "Engagement" Educate and Enqaqe the Dublic Sponsor Board & Cornrnission Info Fair Develop I.C. Promotion Carnpaign Follow the $ Ernphasis on volunteering & contribution City Slogan Youth Input to Council Develop internal accountability to support external messaging about where the $$ is spent Info strategy about diversifying portfolio Consensus on infrastructure and appearance goals "Housing" Develop a comprehensive housina strateav Housing developed (rental & homeowner) affordable to 80% AHI & below Shared values discussion housing/homelessness Work with builders re housing prices Zoning/Incentives for scattered housing Neighborhood preservation (including historic) "Environmental Beautification" Provide activities to create a aualitv environment Clean & beautify riverbanks Burlington to Benton Recycling at Youth Sports Parks Jake Brake ordinance for Scott Blvd. Snow emergency route signage Connect bike trails and update rec facilities Update Rec center Parking ramps (remember the airport terminal) Recycling Comprehensive not just lip service Improve appearance Flowers Littler pick up More trees "Intergovernmental" Promote Interaovernmental effectiveness Metro Agenda - really do 1 Pick 2 items to promote & highlight multijuris Lobby State & Fed Officials for Cities Partnership w/ ICCSD "Programs" Evaluate Citv proarams Relook @ Senior Center (prog) Maintain quality of Rec activities Comprehensive look at Transit ~(Q)j@)7 rnJ FILED February 16, 2006 2000 FEf3 27 PM I: 09 crr\( C:LEFlt( IOW,c., CiTY iOWA The Honorable Ross Wilburn Mayor oflowa City Mayor T. M. Franklin Cownie:ll0 E. Washington Street Iowa City, IA 52240 ALL-AMERICA CITY 1949,1976.1981 2003 City Hall 400 Robert D. Ray Drive Des Moines, IA 50309-1891 Telephone: (515) 283-4944 Fax: (515) 237-1806 www,dmqov,orq Dear Mayor Wilburn: On behalf of the Des Moines City Council and the citizens of Des Moines, I am urging mayors throughout the State to contact the Iowa Congressional Delegation and urge them to fund the FY 2007 Community Development Block Grant program at $4.7 billion and retain the See 108 Loan and Brownfields programs. As you are probably already aware, the Presidents FY 2007 budget proposes to reduce CDBG by 25% and eliminate the Sec. 108 and Brownflelds programs. We need to make a concerted effort to insure an adequate funding level for these programs, which are important resources for both entitlement cities and balance of the State's cities. Without an adequate funding level many programs that provide basic needs and make a real difference in the lives oflowans will not be available. Cities and towns also stand to lose the other funds that are leveraged at a 4-1 rate from the use of CDBG dollars. This investment in the communities you represent allows many low- and moderate- income families to have decent housing, daycare, transportation, streets, sewers, and jobs. These are people who can least afford the loss or reduction in CDBG funding now being proposed. CDBG makes sense and is one of the most successful federal/local partnerships ever implemented. I know most of you have been in contact with your congressional representatives but we need to keep reminding them that their constituents need and Use the ]'lregrlHfts fhat CDBG provides. As you know one of these congressmen is running for Governor in Iowa and he should be especially concerned with a reduction/elimination of these statewide resources. Please contact all the members oflowa's Congressional Delegation and ask them to increase the FY 2007 CDBG appropriation to the $4.7 billion level. l"Y~~ T f~inCo~i" M_ City of Des Moines Cc: City Council Members City Manager JOE BOLKCOM STATE SENATOR Thirty-ninth District Statehouse: (515)281-3371 ~ DEMOCRATIC ASSISTANT LEADER COMMITTEES HOME ADDRESS 728 rd Avenue Iowa City, Iowa 52245 Phune: (319) 337-6280 joe@joebolkcom.org www.joebolkcom.org <<be 6euate State ofIowa Eighty-first General Assembly STATEHOUSE Des Moines, Iowa 50319 Appropriations Commerce Human Resources Natural Resources and Environment Ways & Means, Co-chair Health and Human Services Appropriations Subcommittee February 21, 2006 ~.;;p ~/()tY Mr. Stephen Atkins City Manager City ofIowa City 410 E. Washington Street Iowa City, IA 52240 Dear Mr. Atkins, Mayor Wilburn, and members of the Iowa City, City Council, Thanks for your letter regarding eminent domain. I share your concern about HF 2120. The specific language in section 3 is clearly a major problem in the bill and needs amending. I will be working with colleagues in the Senate to try to improve this bill. This being said, I don't believe we need a bill at all; however, we seem on track to pass more restrictions in this area. I will work for a bill that does not hinder our economic development interests. Thanks for taking the time to share your concerns. Please feel free to contact me on this issue or any other issue of interest. 1: I :f~~;!:'t ~~ _IDI~~ ... ....... :ITY OF IOWA CiTY ~ www.icgov.org February 24, 2006 Stephen J. Atkins City Manager steve-atkins@iowa-city.org Scott Bullock Institute for Justice 901 N. Glebe Road Suite 900 Arlington, VA 22203 OFFICE OF THE CITY MANAGER Dale E. Helling Assistant City Manager dale-hell ing@iowa-city.org Dear Mr. Bullock: In the Wednesday, February 22, 2006 editorial page of Des Moines Register, a letter attributed to you offers your comments concerning condemnation legislation currently being considered by the Iowa State Legislature. A copy of your letter is attached. In the body of the letter you quote that, "private property is also threatened in Coralville and Iowa City." A number of my City Council members have read this and asked me specifically what private property is currently under threat of condemnation in Iowa City. We do have occasional projects where easements and other street-related improvements may require condemnation, but I am unaware of any large scale private property condemnation issues. Would you please provide me with the specifics to which you have attributed private property condemnation in Iowa City? Thank you. Sincerely, ,~ ~. ~kins City Manager Enclosure cc: City Council mgr/ltrs/bullock.doc 410 E. Washington Street Iowa City, IA 52240 Phone: (319) 356-5010 Fax: (3 I 9)356-5009 i. ut in 'pe, ri- nd nd de, ays 'ng ore fu- , ake on- 1 , , Education shouldn't become a partisan battle Education should not be a right-left issue. Partisan- ship is tearing apart the spirit of cooperation to improve our educational system ("Iowa's Teachers Need to Rethink Partisan Attitudes," Feb. 9). ' There is an alternative for Iowa educators who do not wish to take part in the partisan activities of the Iowa State Education Association. Professional Educators of Iowa is the state's largest non-union, non-partisan educators' organization. PEl provides a much needed choice for teachers by providing them with professional support and services without get- ting involved in personal politics. Teachers should ask whether their hard-earned money is well spent and effectively used to gain benefits for teachers. PEl offers professionalism and protection for a fraction of the cost of union dues. Unlike the Iowa State Education Association, PEl dues are not used for political activities or given to other organizations that may go against the deeply held convictions of teach- ers, whether they are left, right or center. - Jim Hawkins, director, Professional Educators of Iowa, Des Moines. Cheney incident about politics, not PR t Thanks, Marc Hansen, for your insight ("Coming Clean Sooner Would Have Helped Cheney," Feb. 16). You're kidding, right? How to make the worst of a bad situation? So the crisis-communica- tions guru for Gary Kirke and Bill Knapp thinks Vice President Dick Cheney had a perfect opportunity to set the record straight in a way that would have put himself in a more positive light? In a more positive light with whom? The red states or the blue states? This is politics, not public relations. Now you're afraid that even a Cheney supporter like myself may fear that Cheney is a goofball, and he dilly-dallied around. You want dilly-dallying? Chap- paquiddick was dilly-dal- lying. The Rose law-firm billing records, that was dilly-dallying. Condemnation power abused benefit of a politically con- nected private business. Private property is also threatened in Coralville and Iowa City. The public overwhelm- ingly opposes eminent domain and bogus blight declarations for private development. The Iowa Legislature must step up and guarantee that Iowa property owners are safe from land-hungry devel- opers and tax-hungry local officials. - Scott Bullock, Arlington, Va. [The author is a senior attorney for the Institute for Justice, a public-inter- est law firm that fights eminent~domain abuse nationwide.} Look, Marc, you and col- umnist Molly Ivins would have gotten a hoot out of this no matter how it was handled. At least he didn't use that famous alibi, "I didn't know \!,ll\l!UII was loaded." '..-~ - Tom O'Brien, Urbandale. Guns are . blameless I hope all those involved in the Dick Cheney inci" dent remember, "Guns don't kill people; people kill people." - Priscilla Brown, Cedar Falls. ABOUT CONTRIBUTIONS Alllattars and guast opinions submitted to The Des Moines Register must be the original work of the author. All submissions may be edited for length, accuracy and clarity and may be published or distributed In print. electronic or other forms. Our addrass: The Des Moines Register, Box 957, Des Moines, la. 50304. By fax: (515) 286-2504. Bye-mail: letters@news.dmreg.com Include your compiete name, home address and daytime telephone number for verification. nt:i:UU1.t,;.i;l.U:: ~Yl)lll;;lU CU'"' uU too complex for a single answer. They are, however, a very important step in the right direction by engaging participants in their health- care decisions. The United States is in the midst of a national health crisis, one that will only worsen if people do not become more involved in managing their own health care. The rapidly rising health.care costs are reflective of the health decisions being made by citizens. OUf focus must shift from merely how we allocate increasing costs among participants to how we improve the health of Iowans to help contain this cost. Solu- tions must be a practical option for more than just the healthy or the wealthy, the young or the old. A March 2005 study from America's Health Insur- ance Plans found that 37 percent of the individual, high-deductible health- plan policies purchased were by people who were previously uninsured. At the same time, HSAs are becoming a viable option for funding high medical costs during re- tirement. High-deductible health plans and HSAs give all participants more control over their health care and empower them to participate in health decisions. An important component to any health-care discus- sion is giving participants the tools they need to make informed decisions, including much more information about best practices, quality and cost. Improving the health of Iowans by offering qual- ity, affordable health care should be a priority for all. HSAs are a step in the right direction. - Jerry Rlppargar, director, Consumer Health, The Principal Financial Group, Health Division, Des Moines. ., ---------_._~~_.._~..",.._..,_._--_._._-_._._---- n- fa Your editorial ("Calm Down: Law Protects Property Rights," Jan. 29) claims that there are no ex- amples of eminent-domain abuse in Iowa. Des Moines resident Nate Nicewanger would surely disagree. The city forced him to relocate his popular music store and seized the building for economic redevelopment. He may now be forced to relocate from his new loca- tion as the city threatens to seize this property, too, for redevelopment. And through a dubious blight designation, an entire neighborhood of humble homes in Clinton was targeted for "urban renewal." Homeowners were pressured out for the SA\:~N Q1~OA\ 1S J9)s!B9ij S9U!OW S9a 941 ---_._"-~---,-,._-,._----'--_._--'-_._--'- I ~ 1 -....= -ilia' !~W~1lt -.;;;;......~IIIII~ ......~ CITY OF IOWA CITY~ MEMORANDUM Date: March 2, 2006 From: Dale Helling, Assistant City Manager Drew Shaffer, Cable TV Administrator C~#?' To: City Council Re: Cable TV Revenues Council has requested a summary of Cable revenues and how they are distributed. Figures used are for the coming FY07 fiscal year. The sum of revenues (franchise fees, 55-cent pass-through, accrued interest,' and incidental charge-backs) is projected to be $704,056. The expected distribution of these funds will be as follows: 1. City Cable Division: a) $416,939 for general administration of cable-related matters pertaining to the franchise agreement and enabling ordinance, including oversight, compliance and complaint resolution matters; for the programming and operation of City Channel 4 and the City Interactive Channel 5, and for facilities and equipment maintenance and replacement. There are 4.25 FTE employees in the division who primarily assume these responsibilities, supplemented by a number of part-time temporary employees. b) $107,791 to support the Community Televisio[1 Service (CTS) which provides video services for non-profit organizations (NPOs) in the Iowa City area. This usually involves video recording and cable casting on local access channels of meetings, forums, and community events at no charge to the NPO. This funding also supports the Avatar Project which provides live cable programming to showcase local activities, events, and organizations. The CTS has one full-time employee and the Avatar Project employs one 3/4-time person. These operations are supplemented by temporary part-time employees in the division. 2. The Iowa City Public Library will receive $52,821 to help fund its cable programming needs. This figure is based on an agreed-upon amount which escalates each year. 3. The Senior Center will receive $9,005 as part of the shared cost for janitorial services. 4. The Community Television Group (CTG), which is composed of representatives from the Iowa City Community School District, Senior Center, PATV, the Library, and the City Cable Division, receives an annual allocation of $17,500. The money is reallocated among the member entities as grant funding for cable-related purposes and annual allocations are approved by the Iowa City Telecommunications Commission. March 2, 2006 Page 2 5. The City General Fund will receive $100,000 as determined by the City Council. In addition to the above, the City receives a separate annual payment from Mediacom for the provision of pubiic access/community programming services, either by a designated non-profit entity or by the City itself. For calendar year 2006 that amount is $198,849.84. The City has contracted with PATV for these services since 1991 and a renewal of that contract is expected to be agreed upon within the next two months. Assuming this renewal is agreed upon, PATV will receive that full amount in 2006. PATV has four full-time and one part-time employees and operates the public access center at 206 LaFayette Street. cc. Iowa City Telecommunications Commission mgr/asstlmem/cable-revenue.doc r;:J February 22, 2006 Mr. Tom Kemen, Assistant Secretary Procter and Gamble Hair Care, LLC 2200 Lower Muscatine Road Iowa City, Iowa 52240 ~/ ~ RE: Financial Assistance Program Awards Award Date: February 16, 2006 Master Agreement #: 06-64 Dear Mr. Kemen: I am pleased to inform you that the Iowa Department of Economic Development has awarded Procter and Gamble Hair Care, LLC the following financial assistance for your project in Iowa City, Iowa: Community Economic Betterment Account (CEBA) $200,000 Forgivable Loan High Quality Job Creation (HQJC) - estimated value $ 200,000 $1 ,522,500 Attached you will find a Sales and Use Tax Refund informational sheet describing the required forms for the tax credit program. In a few weeks, our office will send you the necessary contract documents to finalize the terms and conditions of your company's participation in this financial assistance award program. The contract documents must be signed by authorized representatives of Procter and Gamble Hair Care, LLC, the City of Iowa City, and IDEO. The Iowa Department of Economic Development looks forward to working with Procter and Gamble Hair Care, LLC and the City of Iowa City on this important economic development project. We are very pleased that you have chosen to make such a significant investment in Iowa. Should you have any questions regarding this award, please contact your project manager, Paul Stueckradt at 515/242-4897. Sincerely, )A&(;~ ltvw~ Mary Lawyer Director MLlmm cc: The Honorable Robert Dvorsky, State Senator The Honorable Joe Bolkcom, State Senator. The Honorable David Jacoby, State Representative The Honorable Mary Mascher, State Representative Joseph Grimes, Procter and Gamble Hair Care LLC Steven Nasby, City of Iowa City Mayor Ross Wilburn, City of Iowa City IDEO IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT Mary lawyer, Director . 200 East Grand Avenue, Des Moines. Iowa 50309 USA . Phone: 515.242.4700 · Fax: 515.242.4809 · www.iowalifechanging.com lOW A CITY POLICE DEPARTMENT USE OF FORCE REPORT January 2006 OFFICER DATE INC# INCIDENT FORCE USED 95 012906 4970 Fight in Progress Officers used control techniques to separate two subjects who were involved in a physical altercation. 18 012406 3899 Loud Music Subject was placed under arrest and resisted handcuffmg efforts. Subject took an assaultive stance and refused to comply with verbal directives. Subject was exposed to a chemical irritant allowing Officers to place them in hand cuffs. 26 012806 4876 Trespass Subject was placed under arrest and resisted handcuffing efforts. Officers used control techoiques to place the subject in hand cuffs and escort them to a squad car. 59 012806 4896 Traffic Stop Subject had originally failed to stop for Officers regarding a traffic violation. Subject then refused to exit their vehicle and show Officers their hands. Officers drew sidearms until the subject complied and was taken into custody without further incident. 05 012605 4429 Medical Transport Subject had intentionally injured themselves with an edged weapon. Officers used control teclmiques to prevent the subject from additional injury while also placing them in handcuffs. 58 012006 3106 Fight in Progress Subject was placed under arrest and resisted handcuffmg efforts. Officers used control techoiques to place the subject in handcuffs. 18 011806 2727 Bar Check Subject was placed under arrest and resisted handcuffing efforts. Officers used control techoiques to place the subject in handcuffs. 06 011606 2550 OWl Subject assaulted an Officer. Officers used control techoiques to place the subject in handcuffs. IP10 18 011506 2247 Out with Subject Subject was placed under arrest and resisted hand cuffing efforts. Officers used control teclmiques to place the subject in handcuffs. 58 011406 2042 Assault Subject was placed Wlder arrest and resisted handcuffing efforts. Officers used control teclmiques to place the subject in handcuffs. 23,60 011206 1615 Fight in Progress Subject had been armed with a knife and attempting to harm themselves. Subject refused to comply with Officer directives. Officers used control techniques to place the subject in handcuffs. 16,40,59,13,42 011206 1752 Arrest Warrant The Special Response Team was ,51 deployed to assist in taking a.subject who is knovm to go armed into custody. Officers drew sidearms and long weapons during this incident. Subject was taken into custody without incident. 13,05 011006 1408 Shoplifter Subject had been placed under arrest and resisted handcuffing efforts. Officers used control teclmiques to place them in handcuffs. 95 010806 1047 Assault Officer used control teclmiques to deter a subject from assaulting another. 38 010706 867 OWl Officer used control teclmiques to prevent a subj ect from attempting to flee from an OWl investigation. 51 010206 165 Suspicious Person Subject was placed under arrest and resisted handcuffing efforts. Officers used control techniques and exposed the subject to a chemical irritant to place the subject in handcuffs. 40 010106 153 Injured Deer Officer used sidearm to dispatch an injured deer. ;JJ ~./I~ t~~ ..' .' .' ..' ~t (~:~.,~~ . BUILDING PERMIT INFORMATION .~~ . IN'- roo I\jV' 'V\ \) tl ,0 February 2006 KEY FOR ABBREVIATIONS . Type of Improvement: ADD - Addition ALT - Alteration REP - Repair FND - Foundation Only NEW - New OTH - Other type of construction Type of Use: RSF - Residential Single Family RDF - Residential Duplex RMF - Three or more residential RAe - Residential Accessory Building MIX - Mixed NON - Non-residential OTH - Other Page: Date : To: From: City ofIowa City Extraction of Building Permit Data for Census Bureau Report 3 3/1/2006 2/1/2006 2/2 8/2006 Permit Number Name Address BLD05-00001 UPTOWN PROPS 618-22 IOWA AVE PATIO DOORS FOR RMF BLD05-00519 ALPHA PHI HOUSE CORPOR 906 COLLEGE ST Replace front steps BLD06-00062 APEHOUSE LC 360 RIDGELAND AVE CONVERT 2 BEDROOM TO 3 BEDROOM APARTMENT UNIT Il'!1.!: Il'!1.!: Imor Use Stories Units ALT RMF 2 ALT RMF 2 0 ALT RMF 2 Total Valuation: Total AL T/RMF permits: 4 Valuation $14,000 $2,400 $850 $34,094 BLD06-00064 CHRIS & SHERAL JENSEN 225 RIVER ST ALT RSF KITCHEN/BA TH REMODEL FOR SFD BLD06-00028 CHRISTOPHER LENZ 1131 DEFOREST AVE AL T RSF WINDOWS AND REMODELING FOR SFD BLD06-00066 SUSAN DEPRENGER & MUI( 1023 MARCY ST ALT RSF BATHROOM REMODEL & WINDOW REPLACEMENT FOR SFD BLD06-00080 JOE PARSONS & KAREN we 15 CARLSBAD PL ALT RSF BASEMENT FINISH FOR SFD BLD06-00088 MARTIN 0 & MELANIE M 0: 230 WINDSOR DR AL T RSF BA THROOMS FOR SFD BLD06-00075 SOUTHGATE DEVELOPMEN 9 CHARLES DR ALT RSF BASEMENT FINISH FOR SFD UNDER CONSTRUCTION BLD06-00079 PAT DUER 3015CLOVERST ALT RSF BATHROOM REMODEL FOR SFD BLD06-00052 HAROLD & EUNICE SCHEEF 251 WEST SIDE DR AL T RSF CONVERT SCREEN PORCH TO 3 SEASON PORCH FOR ZERO LOT LINE DUPLEX UNIT BLD06-00060 JOHN STAMMLER 120 S SUMMIT ST ALT RSF BASEMENT BATHROOM AND LAUNDRY FOR SFD BLD06-00051 JIM & SYNDY CONGER 1915 CALVIN AVE ALT RSF BATH REMODEL FOR SFD BLD06-00059 ST ENTERPRISES LLC 2339 RUSSELL DR AL T RSF BASEMENT FINISH FOR SFD BLD06-00084 ERIC & CATHERINE ANDER 8 ARBURY DR ALT RSF REMODEL FAMILY ROOM FOR SFD BLD06-00037 DAVE & JAN BURBIDGE 55 CARLSBAD PL ALT RSF ADD BATHROOM LOWER LEVEL FOR SFD BLD06-00073 BRYAN SVOBODA 526 PARK RD AL T RSF MOVE WALL & REMODEL FOR SFDQ BLD06-00055 PATRICK KEALEY 1900 RIDGEWAY DR ALT RSF REPLACE BEARING WALL WITH BEAM FOR SFD BLD06-00063 DMITRIY STUPAK 312 4TH AVE AL T RSF BASEMENT FINISH FOR SFD BLD05-00350 MICHAEL T MCLAUGHLIN 505 S DODGE ST AL T RSF CONVERT LIVING ROOM TO 4TH BEDROOM OF DWELLING UNIT 2 o 2 2 2 2 2 2 2 2 2 2 2 $71,000 o $40,000 $24,000 $18,000 o $17,700 $17,500 o $15,304 $11,522 $10,000 $8,000 $8,000 o $7,500 o $5,250 $5,000 $1,950 $1,000 $500 Total AL TIRSF permits: 17 Total Valuation : $262,226 Page: 2 City ofIowa City Date : 3/1 12006 Extraction of Building Permit Data for To: 2/1 /2006 Census Bureau Report From: 2/2 8/2006 IYt1!; IYt1!; Penn it Number Name Address Imor Use Stories Units Valuation BLD06-00057 lOW A CITY LANDSCAPING 520 HIGHWAY 1 ADD NON $25,000 KIOSK/CASHIER OUTBUILDING FOR LANDSCAPING BUSINESS Total ADDINON permits: I Total Valuation : $25,000 BLD06-00061 MAHER, JOHN E 1818 FLATIRON AVE ADD RSF 2 $25,000 ADDITION FOR SFD BLD05-00884 DICK REEVES 360 PALOMINO CT ADD RSF 0 0 $9,000 2 CAR ATTACHED GARAGE ADDITION FOR SFD B LD06-000 1 0 KIM HANRAHAN 435 GRANT ST ADD RSF 0 0 $4,000 DECK ADDITION WITH PERGOLA FOR SFD BLD05-00316 BRAD & AMBER SEA TON 1644 DICKENSON LN ADD RSF 2 $2,540 DECK ADDITION TO SFD Total AD D/RS F permits: 4 Total Valuation: $40,540 BLD05-00627 MOEN DEVELOPMENT 241 E COLLEGE ST ALT NON $687,671 RESTAURANT TENANT FINISH (Formosa Restaurant) BLD05-00896 NEUMANN MONSON ARCHI 221 COLLEGE ST 303 ALT NON $651,344 TENANT FINISH OF 3RD FLOOR OF COMMERCIAL BUILDING BLD06-00035 HY-VEE INe. 310N 1ST AVE ALT NON 2 $210,000 SPIRITS AREA REMODEL BLD06-00067 ADVANCED EYE CARE 20 I S CLINTON ST 179 ALT NON 2 $144,075 EYE CARE TENANT FINISH BLD06-00050 MERCY HOSPITAL 500 E MARKET ST ALT NON 2 $110,400 ADDITIONAL SERVER ROOM SPACE FOR HOSPITAL BLD06-00034 OTOLOGICAL MEDICAL SEI 2615 NORTHGATE DR ALT NON $40,000 OFFICE FINISH OF TENANT SPACE BLD06-00039 PLANET BEACH 201 S CLINTON ST 171 ALT NON 2 $30,000 PLANET BEACH TENANT FINISH BLD06-00043 lOW A CITY AREA ASSOCIA' 438 HIGHWAY I WEST ALT NON $25,000 ADD ADDITIONAL RESTROOMSISTORAGE SPACE FOR OFFICE TENANT BLD06-00044 LEASH ON LIFE PET SUPPU 432 HIGHWAY I WEST ALT NON $10,000 LEASH ON LIFE PET SUPPLY STORE AL TERA TION BLD06-00053 KELLY SOJKA & JAMIE T A[ 98 STURGIS CORNER DR ALT NON 2 $8,000 CHANGE OF USE FROM MEDICAL OFFICE TO HAIR SALON Total AL T/NON permils: 10 Total Valuation : $1,916,490 BLD06-00065 JOHN 0 & JOELLEN S ROFFI 619112 BOWERY ST ALT RDF 2 $3,600 ADD BATHROOM TO DUPLEX UNIT Total AL T/RDF permils: 1 Total Valuatiou : $3,600 BLD06-00027 FRANTZ CONSTRUCTION CC 51 MONTGOMERY PL ALT RMF 2 0 $16,844 BASEMENT FINISH FOR RMF UNIT Page: 4 City ofIowa City Date : 3/1/2006 Extraction of Building Permit Data for To: 2/1/2006 Census Bureau Report From: 2/2 8/2006 Ixl1.;: Ixl1.;: Penn it Number Name Address ImDr Use Stories Units Valuation BLD06-00071 GARY W O'CONNOR 831 SANDUSKY DR NEW RAC $3,000 DETACHED STORAGE BUILDING FOR SFD Total NEW/RAC pennits : I Total Valuation: $3,000 BLD06-00041 LOWELL SWARTZ 1035 TAMARACK TRL NEW RSF $350,000 SFD WITH ATTACHED 3 CAR GARAGE BLD06-00054 SOUTHGATE DEVELOPMEN 4124 RUTH ST NEW RSF 2 $224,264 SFD WITH ATTACHED 3 CAR GARAGE B LD06-00068 KW DESIGNS 4426 TEMPE PLACE NEW RSF $214,705 SFD WITH ATTACHED 3 CAR GARAGE BLD06-00069 KW DESIGNS 1144 LAKE SHORE DR NEW RSF $209,850 SFD WITH ATTACHED 3 CAR GARAGE BLD06-00048 ALLEN CONSTRUCTION 1480 TOFTING CIR NEW RSF $190,000 SFD WITH ATTACHED 2 CAR GARAGE BLD06-00042 FRANTZ BUILDERS INC 3478 KILLARNEY RD NEW RSF 2 $169,805 SFD WITH ATTACHED 3 CAR GARAGE BLD06-00047 SOUTHGATE DEVELOPMEN 4146 GUSTAV NEW RSF 2 $168,319 SFD WITH ATTACHED 2 CAR GARAGE Total NEW/RSF pennits : 7 Total Valuation: $1,526,943 BLD06-00058 MARS HILL CHURCH 2024 G ST REP NON 2 $41,000 REPAIR STAGE AREA FOR CHURCH BLD04-00839 NEIGHBORHOOD CENTERS 2105 BROADWAY ST REP NON 0 $8,700 Re-roof Total REPINON permits: 2 Total Valuation: $49,700 BLD06-00056 RIVER CITY PROPERTY MA 520 -32 FOSTER RD REP RMF 2 $12,000 DECK REPAIR FOR RMF TOWNHOUSE UNITS Total REPIRMF permits: I Total Valuation: $12,000 BLD05-00175 THOMAS A SMITH 1701 FLATIRON AVE REP RSF 2 0 $4,200 Replace deck WINDOW REPLACEMENT ADDED TO PERMITIFEES ADJUSTED 2/9/06 BLD06-00049 CHUDACEK PARTNERSHIP 214 N GILBERT ST REP RSF 2 0 $1,635 PORCH REPAIR FOR SFD Total REPIRSF pennits: 2 Total Valuati... : $5,8351 I GRANDTOTALS: PERMITS: 50 VALUATION: $3,879,428 From Council Member Vanderhoef ~~-~I Johnson County Paratransit Advisory Committee Meeting Agenda March 3, 2006 11:00 - 12:10 PM The Johnson County Paratransit Advisory Committee will be meeting at the Goodwill Plant at 1401 First Ave., Iowa City. 1. Call to Order 2. Chairperson's Report 3. Director's Report a. New Vehicle Presentation b. Rider's Guide revision 4. Old Business a. Approval oflast meeting's minutes 5. New Business 6. Open Discussion 7. Set next meeting date & time: suggested date is June 23,2006. 8. Adjournment Johnson County Paratransit Advisory Board Minutes December 2, 2005 1410 S. First Ave., Iowa City Present: Members: Dee Vanderhoef; Lynne Stamus, Brian Buelow, Valerie Scher, Terrence Neuzil, Sally Stutsman Ex-OjJicio: Nancy Snider Overstreet, Marc Rahe, Goodwill Industries: William Gorman, Systems Unlimited Others: Tom Brase, SEATS Director, Jen Samek, Bionic Bus, Theresa Meinert, GoodwilI Counselor in Training, Vickie Robrock, CoralvilIe Transit Manager Absent: Members: Tom Gill, City of Coralville, Mike O'Donnell, City ofIowa City Ex-Officio: Dave Purdy, Elder Services 1. Call to Order: The meeting was called to order by the chair, Dee Vanderhoef; at 11 :06 A. M. 2. Chairperson's Report: The Chair had nothing to report except that the committee had received a holiday card from Lynne Stamus that was very complimentary of SEATS and the Advisory Board. The chair read the card. The Chair introduced Vickie Robrock, Coralville Transportation Manager, whom she invited to the meeting to represent CoralvilIe. 3. Director's Report: a. Facility Status: Brase reported that funding was approved in the amount of $100,000 for a new administration and storage building by Senator Grassley through the Iowa Project and Transportation Spending Bill. Brase added that the amount was one tenth of what was asked for but a good start. Steps toward getting a new facility would involve a feasibility study for the best location. Discussion: Buelow asked if the location would be better in Iowa City than Coralville. Brase answered that the feasibility study would research all options such as the best location and for a location where facilities and maintenance can be shared. Stutsman asked when the current facility lease expires. Brase answered that it expires on October 1, 2006 with a one year option. Gorman suggested that it would be necessary to stay in the current location for another year until funding comes through. Brase mentioned some problems involved, such as needing a new antenna for new software and that delay in the move would necessitate it being instalIed twice. The new software is an excellent opportunity and it will be funded by State and Federal Governments with Cedar Rapids United Way paying part of the matching funds. Gorman asked if short term location with Iowa City Transit would be possible. Neuzil asked about planning time for the facility. Brase said that Jeff Davidson of JCCOG is putting together a meeting for this, participants in the planning will include two liaisons from the Board of Supervisors, two from other transits and possibly Mary Rump and Doug Elliot of ECICOG. b. State coordinated scheduling software and hardware: Responding to the chair's question concerning a meeting with the communication committee, Brase said the meeting had been postponed until January. The chair also questioned whether radios should be retained or would cell phones be better and more cost efficient. The Chair asked about the GIS system and how it works. The director has seen this technology implemented in a demonstration at Great River Bend Services. It looks great and he likes the feature that gives speed on a road so that the time of transit could be better estimated. Vanderhoef added that transit has become an issue to study at JCCOG this year and that the combination of transit and communication with transit is important. Brase said that regional transit systems now compliment each other and perhaps a central dispatch could help but did not think much of merging the systems into one entity. Vanderhoef said that transit managers will be invited to meet first to decide the next step in coordination. Discussion: The mention of North Liberty wanting transit and perhaps looking toward paratransit brought the comment that it would be to their advantage to start up with smaller buses rather than a large fixed route. Brase got assurance that the supervisors would help support the drive for funding and grants. There was some discussion about grants. c. No shows and possibly charging for them: Brase said that the new software, Route Match, gives the user the capability of charging for missed rides. The Missed Ride Policy in the Riders Guide will be revised. Discussion: Buelow asked if this would be in effect after the first missed ride. Brase said it depends; if it is the first missed ride or medically excused, probably not, but if the rider has five missed rides they would get charged for them. Brase added that he did not want to punish all the riders but some riders need to be stopped from habitually missing rides. Gorman said that a SEATS representative would probably have talked to the support staff for the rider who missed rides before enforcing policy. Neuzil asked if SEATS has the right to charge under ADA law. Brase answered, yes and added that Kevin Doyle had set up an appeal process (to appeal suspensions) that included an appeal board of3 members of the Advisory Committee and Kevin Doyle. He also said that with each 2-year eligibility renewal the missed ride record would be wiped clean. Neuzil agreed that there should be a consequence for continual missed rides. Other points brought up in discussion were: the negative effect missed rides have on revenue miles, that charging for missed rides is consistent with what is expected for other appointments, that it may be difficult to determine whether to excuse a missed ride or not as some people can be very creative in relating why they missed the ride and that the policy might be hard to enforce. There was a concern by the chair that this would not become a billing process. d. Agenda Items: Brase said that he would like riders to submit agenda items for the committee meetings. Buelow said one item is that SEATS might have smoother riding buses. Brase said that soon SEATS will have new buses that would be better, smoother riding. Discussion: Buelow asked what advantage diesel fueled buses have over gas fueled. Brase said that the diesel buses last longer, need less maintenance and get better mileage. Another advantage is being able to use soy diesel. Gas fueled vehicles are faster running and easier to start than diesel. Gorman, on the subject of agenda items, said he could see two levels of questions: Planning or improvement of the system or complaints about employees, the latter not being appropriate for committee discussion. He wanted to see some structure or filter set for accepting submissions. Tom said all submissions would go through him and he would decide. To get submissions from riders, the director said request cards would be available on the buses and the request for submissions would be on the web site. 4. Old Business: a. Before moving to approve the minutes of the December 12th meeting, Gorman requested that a correction be made: the amount of the grant received by Systems Unlimited was $800,000 not 18,000. Brase took the opportunity to thank Gorman for the help on information about grants. Stamus moved to approve the minutes with amendment, Buelow seconded the motion, the motion carried unanimously. 5. New Business: Stamus informed the group that A Guide to Basics of Emergency Preparedness is now available at the City and County offices and at the Senior Center. She said the Committee for Emergency Preparedness explores different kinds of emergencies and how to keep people safe in their homes, and that it takes a lot of planning. Buelow took the opportunity to say he likes the tie downs on the new buses; they make him feel more secure. 6. Set date for next meeting: The next meeting will be on Friday, March 3rd at 11 A. M. 7. Adjournment: The meeting was adjourned at H:4S. rnTI AGENDA City of Iowa City City Council Economic Development Committee Friday, March 10, 2006 9:00 a.m. City Hall City Manager's Conference Room 410 East Washington Street 1. Call to Order 2. Approval of Minutes - February 16,2006 3. Discussion of future role of City in economic development 4. Set tentative date of visit to Nucleus Retai11ncubator, Cedar Rapids 5. Adjournment . I ~ I f~~~1lt -..;:;:......11II1' ....... _ LI CITY OF IOWA CITY MEMORANDUM Date: February 23, 2006 From: Economic Development Committee Karin Franklin, Director, To: Re: Meeting on March 10 Economic develooment discussion With an opening in the Economic Development Coordinator position, I believe it is appropriate to revisit the role Iowa City government plays in economic development and consider any changes to our approach. The purpose of our meeting on the 10t" is to have such a discussion. I have enclosed two pages from our current Comprehensive Plan that address the general position of the City relative to economic development, goals that have been adopted for the city's economic well-being, and strategies to meet those goals. These were adopted in 1997. These pages are submitted as a point to start the discussion. With input from the Committee and others, the City Manager and I will proceed with organizational changes, if any, and addressing any personnel needs. Incubator visit Please come to the meeting with available dates over the two weeks following our meeting (March 13-March 24) to visit the Nucleus Retail Incubator in Cedar Rapids. The visit should take approximately 2 hours including travel time. Cc City Manager i I , " ,I :1 [I,' I !i: I" II il I! i , , I! i: " i ,I 1'1 'I' 'I iii, I" II 'II iii Iii' III ,I: II' I! II II ii' i; I [Ii .1: 'Ii 'I I', I' ,I, , , I I II 40 The economic well-being of the residents of Iowa City is enhanced by: . Creating and fostering an economic environment which enhances the community's character where cultural, rec- reational, and educational activities thrive and in tum pro- vide economic opportunities; . Encouraging the diversification of the community's economic base to maintain a vibrant economy through changing ec0- nomic conditions, while providing quality employment op- portunities for all work force skills and educational levels; . Encouraging linkages among new and existing businesses to create networks in which businesses may find materials and markets in the local economy; . Sustaining and enhancing fiscally responsible and socially relevant local govemment services, which include support- ive services for the local work force; and . Maintaining a vibrant economy consistent with environmen- tal health of the community, by stimulating energy and re- source conservation and promoting clean, non-polluting industries. fCDNDMIC Wfll-Bfl N G ECONOMIC WELL-BEING GOALS & SIR ATEG I E5 IOWA [llY BfYOND 2000: I/IJJf !JIJ fiE ljff mEIIE? 41 Diversify and Increase the property tax base by (1) encouraging the retention and expansion of existing Industry and (2) attracting Industries that have growth potential and are compatible with ex- . Istlng businesses. . Identify industry groups thatare compatible with community goals and toward which the community should target its economic de- velopment efforts. . Provide an atlractive environment to businesses involved in envi- ronmental technology and services. . Encourage the development and expansion of businesses whicl1 use infonnation technologies by making public right-of-way and land available for infrastructure such as fiber optics lines and wireless communication facilities. Increase employment opportunities consistent with the available labor force. . Identify local labor force skills and the types of jobs compatible with the local labor force. . Identify work force skills required by targeted industries and identify education and training needs and resources such as the Region 10 Workforce Development Board. . Provide opportunities forlhe IoWa City work force to live close to their place of employmenl . Encourage small businesses as employment opportunities for the available labor force. Provide and protect areas suitable for future industrial and com- mercial development. . Provide for the extension of infrastructure which will encourage development in areas designated for industrial and commercial growth. . Promote awareness oflhe city's economic development policies through public forums. . Cooperate with local and regional organizations to promote eco- nomic development within Iowa City. . Continue to use the 1000a City Area Development Group as the lead economic developmentageney in the area. . Continue to coordinate with the UI. . Enhance communication between entrepreneurs, businesses, govemmenllabor, consumer and citizens groups, and educa- tional institutions. Improve the environmental and economic health of the community through the efficient use of resources. . Encourege commercial activity to take place in existing core areas or neighborhood commercial centers; discourage the pro- liferation of new major commercial areas. . Continue and enhance dOlNntOlNn revitalization. . Establish programs to encourage businesses to use resources more efficienUy. . Encourage the creative reuse of existing commercial sites that are vacant or underutilized. Considerfinanclallncentives and programs to facilitate achieving the above goals. . Focus incentives on infrastructure development, work training and retraining; and an efficient, timely and fair development re- view process. . Develop criteria to use whenever considering financial incen- tives for economic development projects. . Monitor local financial markets to determine if they meet the needs of local commercial and industrial ventures. . Provide for and facilitate the timely review by the City Council of requests forfinancial incentives. PRELIMINARY MINUTES CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE FEBRUARY 16,2006 CITY MANAGER'S CONFERENCE ROOM Members Present: Regenia Sailey, Connie Champion, Sob Elliot Members Absent: NONE Staff Present: Steve Nasby, Tracy Hightshoe, Karin Franklin Others Present: Victor Tichy, Lucille Gregory, Rebecca Neades, CALL MEETING TO ORDER Chairperson Sailey called the meeting to order at I :30 PM. APPROVAL OF THE MINUTES FROM JANUARY 18.2006 Motion: Elliot moved to approve the minutes from January 18,2006 meeting as written. Champion seconded the motion. Motion passed 3:0. REOUEST FOR CDSG ASSISTANCE - GENIUS IN DIAPERS CHILD DEVELOPMENT CENTER Nasby said that the proposed project anticipates the creation of 11.88 FTEs and is requesting $99,880 in CDSG assistance. He said that the applicant is proposing a business start-up, located at 722 East College Street, in space leased from the Christian Science Church. Nasby said that the proposed budget shows that $78,400 of the CDSG funding would be used for site improvements to that property. He stated that CDSG regulations require that monies must be used for non-secular activities, and the applicant is aware of this requirement that the uses of the child care and church must be separated. Nasby said the Genius in Diapers Child Development Center will be the only users of the leased space and beneficiaries of the proposed site improvements. Nasby said that currently the applicant is working with Housing and Inspection Services on a minor modification and parking issues. He stated that if the required parking spaces cannot be provided on-site a Special Exception will be needed to allow for off-site parking. He added that Genius in Diapers Child Development Center is requesting $99,880 in CDSG assistance as a grant or forgivable loan. Nasby said that Tichy is providing an equity investment of $23,900, but no other private funds have been secured. Elliot asked how the improvement of the parking lot would not affect the use of church. Nasby said that the church would not use the lots unless the day care is not in service which would only be one day per week. Tichy said that parking is not required for church as it is 'grandfathered in' and the church has been using on-street parking for years. So, the improvement of the parking lot will only be a coincidental benefit as the church does not need it to operate. Tichy said that the center is called Genius in Diapers based on Einstein's words "every child is born a genius." He said the center will serve mothers from the second trimester of pregnancy and children from birth to two years old. He said that it will be a child development center designed to stimulate infants' and toddlers' minds while also developing their emotional, physical, and social abilities. He said that babies will be stimulated with poetry, reading, foreign languages, sign language, and visual math. Tichy said that out of the 200+ phonemes used in all languages of the world, children can discern only those 80 to which they were exposed in the first nine months of their life by interaction with their caretakers. He added that two- month- olds have the ability to discern all of the phonemes, and therefore children will be natural speakers of as many languages as they are exposed to during the first nine months of their lives. Elliot asked how many days a week will the day care operate. Tichy said they would operate at least 5 days, but preferably 6 days a week. Bailey asked if funds were requested from banks. Tichy said they had preliminary discussions with banks. However, he said, usually daycares lose money on babies, break even with 3-4 year- olds, and make profit when providing care for children over 5 years old. As such, the cash flow would not be sufficient to have debt service with interest. He said that in order for the program to work with the age group he is targeting he will need to have I care provider for 3-4 babies, which is very expensive. Bailey asked how strong the competition for such programs is. Tichy said that there are programs for babies, but usually in conjunction to preschools. Elliot said the proposal is targeted to high-income families and therefore it might not qualify for funds. Nasby said that the criterion for qualification in this case is based on the number and quality of jobs created for low-moderate income persons as it is an economic development project. Tichy said that the price of child care for those with high income would be $300 a week. Tichy added that those with lower income can enroll the baby and work for the center, taking care of their baby, making additional money, and learning the skills to open their own center. Elliot said that in order to have such a project going the philosophy of the day care would have to appeal to higher income in order to create the financial basis for the activity. Tichy said that mothers could work three days a week and spend quality time with their child. Bailey said that if mothers have time to work in a day they would not need such a service. She added that those working in day cares receive low paychecks and no benefits. Champion said that health insurance is typically, at least, partially paid by the employers. Gregory said that she was with the church. She added that she was lucky to be a stay at home mom and did not have to put her kids into a daycare. She added that this program will attract mothers who can afford it. She added that the program offers easy access to the child and at the same time is an opportunity for low income families who can't afford such a high level of daycare to enroll their child and work for the center a few days a week. Bailey said that the plans sounds great, but is not sure that it should be funded with public funds. Elliot said the goal in allocating the funds is to attract workers for whom a good salary and benefits will be provided or to increase the Iowa City tax base. Tichy said that both criteria are met. He said that people who would work in the center would get $10 per hour, while the rest of the parents will work in their professions which will generate taxes. Gregory added that it will be an opportunity for parents to work while taking care of their child. She said that the payment per hour is higher than the wage provided by other day cares. Tichy said that he would also encourage mothers to open their own day care after learning good practices by working at the center. Elliot said the project is based on a wonderful concept, but is hesitant in involving tax money into it through CDBG. He said that an Angel investor might be interested in providing help for this business start-up. MOTION: Champion moved to not recommend CDBG assistance for Genius in Diapers Child Development Center. Elliot seconded the motion. Motion passed 3:0. DISCUSSION - AMMENDMENT TO UNITED NATURAL FOODS. INC. TIF DEVELOPMENT AGREEMENT Nasby said that during the 2005 TIF Certification Process staff verified that the capital improvements have been completed and the wage thresholds are being met, but identified a deficiency in the number of jobs that were to be created by United Natural Foods, Inc. (UNFI). He said that staff contacted UNFI regarding this matter and the response was that the initial estimate for employments was too aggressive given the time frame outlined in the application to the City and State. Nasby said that in the City's TIF agreement the employment threshold was to be 300 full-time jobs. He added that at the time of certification, in November 2005, the employment level was 248. He noted that to move forward with the project and provide time for a resolution of this matter the TIF certification was made to Johnson County. Nasby said that staff is recommending that the TIF Development Agreement between the City of Iowa City and UNFI be amended to allow UNFI until June I, 2007 to reach the employment threshold of 300 required by the TIF Agreement. He said that ifUNFI does not reach the 300 employment threshold by June 1,2007 the TIF tax rebate would be reduced through a 'claw back' provision in the Agreement. Nasby said that the amount of the reduction per job could be based on the project's goals. He said that the full amount of the TIF rebate would be up to $1,000,000 and since UNFI had meet the capital investment and wage thresholds, but not the number of jobs one option would be to prorate the recapture. The following formula was proposed by staff: $1,000,000 X 50% $500,000 Divided by 300 = $1,666.67 \job Maximum TIF Tax Rebate Job Creation worth 50% and Capital Investment worth 50% TIF value for Job Creation Requirement Number of Required Jobs Champion asked if there was another tenn other than claw back. Nasby said it was a common tenn in economic development. Champion said that she would also round the reduction per job to a whole dollar figure. Eliot said he will be in favor of giving United Natural Foods time to meet the threshold. Bailey asked how often such contracts are amended. Nasby said that this would be the first tax rebate one fonnally amended. MOTION: Elliot move to amend the TIF Development Agreement between the City of Iowa City and UNFI until June 1,2007 as proposed. Champion seconded the motion. Motion passed 3:0. DISCUSSION OF FUTURE COMMERCIAL! INDUSTRIAL AREAS Franklin said the Planning Department continues to look at expansion of the industrial park in the Southeast District. She added that some capital improvements are needed for such an expansion, one of which would be the expansion of sewer line. She noted that another challenge relates to providing an appropriate transition between industrial and residential properties. Franklin said that there are no large tracks ofland available for industrial development. She added that landowners prefer housing developments because they provide a higher return per acre. She added that industrial land typically has a lower market price and longer time of development. She said that the city has not had the option of purchasing land to save it for industrial development. She added that even if land was owned by the city, a negative perception of competition with the private market might arise. Bailey said that one ofthe realities in Iowa City is that owners come for rezoning, and their vision might not be in line with the broader economic development visions of the community. She added that there is also the perception that there is a competition between City and private land owners which impedes the City from purchasing available industrial lots for further pursuing the economic development goals. Elliot gave an example of an individual owning land that wants to sell his property to a big corporation, but the corporation is buying City land. Elliot said that in this case the competition between City and individual owners is visible. He added the City bought the land with tax money, and are selling in competition with the individual owner who actually contributed to part of the taxes. Franklin said the City was careful to not undercut the market when it sold land at the Aviation Commerce Park. She added that the first step in development of the next phase ofthe Aviation Commerce Park (Aviation Commerce Park South) is getting FAA approval for the Monnon Track extension. She said that the area is not needed for navigational purposes, which enables the Airport Commission and the City to decide on ways to utilize the property for its best use. Bailey asked what the time line for FAA approval is. Franklin said that it would take at least six months from the date they receive the plan. In response to a question on retail Franklin said that as a matter of policy the City has not aggressively gone after commercial retail development. Elliot asked how the City works with people that would want to locate retail in the downtown area. He said that it is a stated goal to expand the retail area downtown to something more than bars and restaurants. He asked how help can be provided without being unfair to those who started their businesses without any help from the City. Franklin said that currently the business development in downtown is directly correlated to the rent for retail in the area. Champion said that businesses would not locate based on rent alone but based on where they feel they would succeed. She added that downtown is like a micro business, where things easily rent. She said she is satisfied with the current downtown. Elliot said that downtown area offers very large spaces for rent, and does not allow for a starting business to develop and grow due to high rents. Franklin said that theoretically when a new business is started it will go to a lower rent area and move towards downtown as they grow. Champion disagreed saying that new business will go where they feel will be successful. She added that by choosing to locate where the rent is lower they will more likely fail. Franklin said that other communities have tried the Main Street program. She said that the program assumes collaboration between different entities, similar to what it has been done in the downtown Iowa City strategy. She added that nothing has been done in the direction of regulating who locates in the downtown area. Elliot asked for Neades' opinion on the subjects of discussion. Neades said that it might be a good opportunity to create a joint position with the Chamber of Commerce to encourage economic development. Bailey said the retail incubator in Cedar Rapids is an interesting concept. Neades said that downtown Cedar Rapids houses a retail incubator which works based on an interesting model. Bailey said that someone proposed a retail artist incubator for downtown. She said that this would be appropriate for a cultural district. Franklin said that the incubator could be supported with CDBG funds. Bailey said that a lot of artists could use additional business skills or access to people who will do the business part of the arts for them. She added that this is in tune with what Iowa City does, and has the potential of keeping people who might otherwise move to other places. Champion said that the discussion should not be concentrated only on bars. She said there were a number of businesses that opened in the downtown area in the past years. She said that the downtown is evolving. Neades said that the Chamber of Commerce recognizes downtown as the living room of the community, the place everyone comes back to. Elliot said that they should try to support the downtown association to become a more viable entity and playa significant role in the downtown area, which in retum would help the entire community. Franklin said that a fas:ade renovation should be pursued for the downtown area. Bailey said that historic or rehab tax credits could be use for the project since most of the downtown buildings are classified as historic structures. Bailey asked what happened in Pepperwood Plaza. She said that Big Lots and The Rack have ceased business. Nasby noted that the TIF agreement is with Southgate and not with individual businesses. He added that it is up to Southgate to make sure that the required number of square footage is being leased and operational. Champion said that the Rack was funded by CDBG and they did not have the tools to run a business. She added that if businesses are funded it has to be determined a way to help the businesses succeed. Elliot said that the town has a lot of young retired residents, and the Chamber of Commerce could put together a volunteer group to provide help for businesses. Bailey said that it should be required ongoing business education for firms that are funded. SET NEXT MEETING DATE The next meeting will be set up as needed. ADJOURNMENT The meeting adjourned at 3:00 PM. s:/pcdlminuteslecodev/2006Jfeb 16 2006.doc Council Economic Development Committee Attendance Record 2006 Term Name Expires 01/18 02116 Regenia Bailey 01/02/08 X X . Bob Elliott 01/02/08 X X Connie Champion 01/02/08 OlE X Key: X = Present 0 = Absent OlE = AbsentlExcused NM = No Meeting I I I I I Marian Karr From: Sent: To: " / J\Y ? ~~~ ( (V " Subject: Attachments: ~ julie johnson uuljohnson@mediacomcc.com] Friday, March 03, 2006 11 :37 AM cityofagency@iowatelecom.net; albiacity@iowatelecom.net; tcoons@mchsi.com; pu bworks@netins. net; mainstreet@bonaparte~iowa. com; sat isburyk@burlington.dst.ia.us; mayor@cedar~rapids.org; cyn@iowasocean.com; cityofcj@hotmail.com; khayworth@ci.coralville.ia.us; danvcty1 @danvilletelco.net; eddyville@iowatelecom.net; cityeld@netins.net; fairfax@southslope.net; mayor@hiawatha~iowa.com; marian_Karr@iowa~ city.org; citkal@kctc.net; dgkeokuk@interlinklc.net; lisboncityhall@airolink.com; jschott@uswest.net; comiddletown1 001@mchsi.com; cmd@cityofmtvernon:com; newlonmu@inter1.net; newhaILcityhall@mail.ccs.k12.ia.us; shanahan@ia.net; marilyn.miller@mahaska.org; fjelstulb@ci.ottumwa.ia.us; ojcityhall@linktide.net; riversid@iowatelecom.net; sigourneyclerk@iowatelecom.net; solonia@inav.net; swisher2 @netins.net; citymanager@tiptoniowa.org; ctvinton@fmtcs.com; wapello@louisacomm.net; cowashia@iowatelecom.net; citywelm@netins.net; wbcity@netins.net; simonsont@burlington.dst.ia.us; wlcity@l.com.net; wpcityhal@inter1.net; wccierk@iowatelecom.net; jenclerk@avalon.net; wyocity@netins.net; bcmlib@netins.net.; cityofbritt@kalnet.com; calmarcc@mchsi.com; gary. hesse@ci.cedar ~falls. ia. us; jody@cityofcharlescity.org; cicity@netins.net; con radcierk@adiis.net; cityhall@iowatelecom.net; Ifarley@neotek.net; cityclerk@trxinc.com; edgecity@iowatelecom.net; eldorajoyce@yahoo.com; 1 elgclerk@alpinecom.net; elkrunhts@mchsi.com; celkader@alpinecom.net; jwalters@cedarnet.org; fairbank@iowatelecom.net; fayettecityhall@mchsi.com; fccityhall@wctatel.net; fburgch@iowatelecomnet; citygarn@alpinecom.net; cierk@garneriowaorg; bkdoub28 @aol.com; clerkgladbrook@iowatelecom.net; gbergcty@alpinecom.net; ham ptoncityrd@sswireless.net; h rfycity@acegroup.net; hazletoncityhall@trxinccom; bbury@iafalls.com; janesvilleia@cedarnet.org; jocity@hotmail.com; Ipccity@netins.net; lansing52151@yahoo.com; limearea@mchsi.com; manch@mwci.net; cityofmanly@netconx.net; marqcity@alpinecom.net; tmormen@masoncity.net; citymcgr@mhtc.net; cityhall@ci.new~hampton.ia.us; citynwd@rconnect.com; cityoelwein@ 4irw.com; citygovt@osage.net; ossianclerk@oneota.net; cityofparkersburg@mchsi.com; cityhall@reinbeck.net; ctyrckwl@netins.net; cityofsr@netins.net; jkulish@iowatelecom.net; strawpt@iowatelecom.net; cysumner@iowatelecom. net; nancy.eckert@waterloo~ia.org; kathy@ci.waverly.ia.us; mgames@alpinecom.net Statewide Franchise Information Letter to Cities 3~2~06.doc; Sample letter from cities 3~2~06.doc; Sample Iowa resolution.doc; NLC Burns Inouye Franchising Letter 2~3~06.pdf; What Others Are Saying (5).pdf; hsb 670 analysis. doc lWI.ill ~ ~~ t~~: ....L... -m -m lWlill ~ Sample letter from Sample Iowa NLC Burns Inouye What Others Are hsb 670 cities 3~2~... resolution.doc (31... Franchising L... Saying (S).pdf.., .nalysis,doc (74 KB: In conversations with many of the city officials in the region it has corne to my attention that not everyone is aware of HSB 670 or the significant impact that it will have on each city's ability to enforce local franchising rules. QWEST and the ITA want to be able to obtain a state wide franchise thereby bypassing any local input or regulation of their activities within your city. The included attachments will clarify what Mediacom's position is relative to our belief that no one knows better than each City what their particular needs are. If you have any questions concerning this email please call me at 319-395-9699, x214 or email me at 19rassley@mediacomcc.com Letter to Cities 3~2~06.doc (4... Lee Grassley Senior Manager Government Relations Mediacorn *** eSafe scanned this email for malicious content *** 1 March 3, 2006 Dear Mayor, Council and City Administration: As you know, Iowa's telephone companies, including Owest, have expressed interest in providing video services in the State. This will result in even more video options available to greater numbers in a growingly competitive cable marketplace. i want to alert you, however, that there could also be serious negative impacts to your community if the Iowa Telecommunications Association and Owest are successful in bypassing existing local franchising obligations. We are asking that your voice and others be heard to oppose such efforts before it's too latel HSB 670 and SSB 3146 have been proposed to allow telephone companies to bypass the franchising requirements of local governments. If they succeed in their plans, many of your citizens may never see the benefit of competitive services, because the telephone companies do not want to be forced to build out their service areas as cable is required to do. Revenue for local governments could be in question and access to public education and governmental channels may not be supported by the state franchised telephone companies. In a recent press release on the prospect of national video franchising Don Borut, Executive Director of the National League of Cities said: 'The elected leaders of the nations cities and towns stand ready and willing to welcome video competition in their communities. We must insist however, that the benefits of competition come to all citizens ... Local elected leaders currently ensure that reasonable deployment schedules are established so that no neighborhood is considered unworthy of competition. .. Because both the Senate and House committees have brought these bills out of committee this week, we urge you to write a letter soon to let your legislators so they know how important it is that local franchising is preserved in Iowa. Federal Representatives know that the following key principles should be included in any state or federal policy on local video franchising: . That new multichannel video providers must build out video capacity in their entire service area without discrimination; . That local governments must maintain authority over physical rights-of-way; . That video providers should abide by important social responsibilities - like providing local government and educational channels. We have attached a sample letter and a sample resolution to be approved by Council that can be personalized for use with your legislators. As background information we have included a commentary from the Washington Post, "Civil Rights Unplugged," .that speaks to the fact that the Bells want to disregard past guarantees that all citizens have equal access to video and broadband services regardless of income or ethnicity and a handout entitled" What Others are Saying About SSC and Verizons Video Franchise Plans' a piece which shows how opinion leaders, from around the country, feel about the Bell video policies that would favor only the most affluent neighborhoods. An analysis of the bill by the Iowa City Cable Teievision Department is also inciuded. If you have any questions on this important issue, you can contact me at 319-395-9699, x323. Thank you for your consideration of this important matter. Sincerely, Lee Grassley Senior Manager, Government Relations Attachments: . State sample Letter - Sample Resolution . NLC Letter . Washington Post Commentary /l0/15/05) . "What Others are Saying..." . Iowa City Analysis of HSB 670 --~---------_.._._~---~-'-'-- -_.-~-----_.._-..~-------_.__._~------ ---_..._-----~"_.__._.--_.__._-_._~~."..,-~-,_.._~-----.-....------. Date Representative/Senator XXXXX State Capitol Des Moines, IA 50319 Dear Representative XXXX, I'm writing to voice serious concerns with House Study Bill 670 and Senate Study Bill 3146 ("relating to franchises for the provision of cable service or video service including providing for fees and providing an effective date"). It is apparent that there are serious implications in this legislation for [town name], our residents, and consumers across the state. Most basically, this bill would threaten local franchising authority over cable television services, which could have dire consequences for customer service standards and equitable service availability. As written, this legislation could result in loss of revenue to cities, as well as weaken several key consumer protections provided by municipally-granted franchises. This bill also raises questions about the implementation of level playing field statutes, since this regulatory regime would result in uneven requirements for multiple video service providers in the same city. For cities with individual cable TV franchises, some threats to residents' current rights as cable subscribers include: . Possibly limited video service availability/quality. This legislation allows the service provider to define their own franchise area, rather than offer service equally to all residents (Section 477A.3 Subsection Id). Additionally, cities are prohibited from enforcing build-out requirements, which historically have ensured improved services over time to all residents. Providers can choose to upgrade service to some subscribers and let others fall behind (Section 477A.6 Subsection la). . No continuous service guarantee. Under this bill (Section 477A.2 Subsection 3b), a provider could elect to terminate their franchise certificate at any time, simply by notifying the Secretary of State. Our Cable TV Ordinance includes continuity-of-service requirements that prevent providers from "jumping ship" and leaving subscribers without service. . No local customer complaint response. The rights of a local franchising authority, such as enforcement of customer service standards provided by the Federal Cable Act, will be transferred to the state level (Section 477A.4). Under Federal law, local franchising authorities can help mediate complaints between cable subscribers and service providers. Does the State have the resources, which municipalities already have in place, to address individual subscriber concerns? Will the Secretary of State's office be handling customer complaints and service outage reports that local governments currently deal with on a day-to-day basis? . Reduced services from PEG (public, educational and government) access. Local access channels facilitate communication between citizens and their local government in ways no commercial media can provide. The fee limitations in this bill would eliminate PEG support outside of Franchise Fees (Section 477A.8 Subsection la). . Possibly reduced City services. Franchise Fees collected under this bill would likely be less than those collected under the current franchise structure, because the calculation for gross revenue in this bill is more restrictive (Section 477A.l Subsectiou 7). Many cities subsidize their General Fund with cable TV Franchise Fees. Permitting fees are also strictly limited, which could also negatively impact cities' revenue (Section 477A.8 Subsection 2). . Inconsistent and unstable regulatory environment. There are several bills at the federal level currently under review that would effectively supersede this legislation. If this bill were to pass and then federal legislation preempt it, consumers would be victim to the inconveniences caused by such regulatory instability. Additionally, customers would be faced with different rules and opportunities for recourse if they switched from a "competitive" provider's service to an "incumbent" or vice versa. In summary, the local franchising process works well, and many municipalities already have the resources in place to manage video providers. Municipally-awarded video franchises contain customer service safeguards and locally-relevant provisions, ranging from how complaints are dealt with locally to requiring support for PEG access channels. The proposed mechanism for franchising certificates, issued through the Secretary of State, places a regulatory burden at the State level without establishing oversight of video providers. The bill is unfair to "incumbent" providers, locking them in to existing local franchise requirements while favoring "competitive" providers, which goes against "level playing field" statutes. The system for issuing franchise certificates as proposed leaves local governments and their residents out of the loop, and enables new video providers to pick and choose where they deliver service, which could effectively promote a "digital divide". I appreciate the opportunity to shed some light on this legislation from a municipality's point of view. Thank you very much for your consideration. Sincerely, Name Title --~~_.---------~--~--- Resolution Urging the Legislature to Reject House Study Bill 670 and Senate Study Bill 3146 WHEREAS, Qwest and the Iowa Telecommunications Association have asked the Iowa General Assembly to approve HSB 670/SSB 3146 to avoid any local franchising responsibilities to use the public right of way to provide video service, and WHEREAS, any company desiring to provide video service can obtain a cable franchise from a municipality by agreeing to the same terms as the existing cable provider under existing Iowa Code, and WHEREAS, Section 364.2 of the Iowa Code provides a primary role for local governments to negotiate the terms and conditions under which a wire line cable television company may provide cable television service to its residents and this requirement of law is consistent with the long-standing principle of ascertaining and addressing community cable-related needs at the local level, and WHEREAS, Iowa's wireline cable television companies constructed and now operate cable television systems under municipal consents that address the specific needs of local communities consistent with the provisions of the Iowa Code with expiration terms that range from 5 to 25 years, and WHEREAS, federal law explicitly prohibits cable companies and municipalities from entering into exclusive franchises, and WHEREAS, competition in the provision of cable television service is desirable and has the potential for producing consumer benefits through increased choice and (name of municipality) supports competition, and WHEREAS, in order to ensure nondiscriminatory and equal access to competitive services consistent with federal and state law, (name of municipality) has an obligation to ensure that its residents are served subject to similar construction requirements across the entire community, and WHEREAS, municipal rights would be eliminated in direct contradiction to the premise of home rule if such legislation were enacted, and WHEREAS, the process for award of such a state issued franchise will have the effect of eliminating any meaningful opportunity for (name of municipality) to address the specific cable-related needs that otherwise might be fulfilled by any new cable service provider and disable (name of municipality's) ability to ensure competition is offered on equal terms, and WHEREAS, municipalities and their residents have a significant and specific interest in the terms and conditions attendant to the award of a cable television franchise; NOW THEREFORE BE IT RESOLVED (name of municipality) urges the Iowa State Legislature, in the strongest possible manner, to oppose any effort to eliminate the municipal franchise process for providers of cable television service. AND, BE IT FURTHER RESOLVED that a copy of this resolution shall be certified and forwarded to Senate Co-Presidents Jeff Lamberti and Jack Kibby, Speaker of the House Christopher Rants, Senator and Representative (the municipality's current state legislators). ,...,,,,,,,,,,,.,,,'" and promote cities as centers of opportunity, leadership, and governance. ~,~,~ National League of Cities 1301 PermsylvaniaAve.,N.W. Washinglon,D.C.20004-1763 202-626-3000 Fax: 202-626-3043 www.nlc.org 2006 Officers President JamasC. Hunt Councilmarrber Clarksburg,WestVirginia FirstVicePrasidenl Bart Peterson Mayor Indianapoiis,lndiana SecondVicePresidenl Cynthia McColium Council Member Madison, Alabama Immediate Past President Anthony A. Williams Mayor Washington, DC ExeculiveDirector Donald J. Borut February 3, 2006 The Honorable Conrad Burns U.S. Senate Committee on Commerce, Science and Transportation 508 Dirksen Office Building Washington, DC 20510 The Honorable Daniel Inouye Co-Chairman U.S. Senate Committee on Commerce, Science and Transportation 508 Dirksen Office Building Washington, DC 20510 Dear Senators Burns and Inouye: I am writing on behalf of the 18,000 cities and towns represented by the National League of Cities to thank you for your February 2 statement affirming the central role oflocalities in cable and video franchising. As you recognize, each community is unique, and local elected leaders are in the best position to ensure that each community's needs are met. We are gratified that you recognize the limited federal role in managing streets and sidewalks around the country. Local govemment strongly endorses promoting competition for all consumers and treating like services alike. The elected leaders of our nation's cities and towns stand with you, ready and willing to welcome video competition in their communities and committed to treating all competitors fairly, As your statement acknowledges, cities' management of the rights of way protects public safety. While citizens want better programming at lower prices, they do not want potholes, water main breaks, and traffic jams during rush hour as a consequence. Yet local governrnent's ability to ensure that public safety is maintained would be severely jeopardized without authority over the physical rights of way established through the franchising process, I appreciate your willingness to put this important role at the forefront of your consideration of this issue, Cities believe that the franchising process is open and quick for those companies that do not seek to abuse the process. However, this does not mean it cannot be streamlined if necessary to address particular issues, The Honorable Conrad Bums The Honorable Daniel Inouye February 3, 2006 Page Two The National League of Cities looks forward to working closely with you to develop legislation that meets our shared goals. Very truly yours, j~~ James C. Hunt President Councilmember, Clarksburg, West Virginia Cc: Senate Commerce Committee House Energy and Commerce Committee Put Presidents: Clarence E. Anthony, Mayor, South Bay. Florida. John DeStefano, Jr., Mayor, New Haven. Connecticut. WIlliam H. Hudnu~ III, Mayor, ToW[} of Chevy Cha.e, Maryland. Sharpe James, Mayor, Newark, New Jeraey. BrIan J. O'Nelll, Councilman, Philadelphia, Permsylvanla Directors: R. Michael Amyx, Executive Director. Virginia Municipal League. Tommy Baker, Aldorman, Osooola, Arl<ansas. Vicki Ba",ett, Mayor, Falminglon Hills, Michigan. Thomes Bredeweg, Executive Dimclor, Iowa League of Cities' Nora Campos, Councilmomber, San Jose, Calif<xnla. Tllomas Cartaon, Mayor, Sprlngf.eld, ""'.soon. James Condl>>. Council Chair, Soulh Burii"lllon, Vermont. JO..ph O<lnald8D!l, Mayor, Flagstaff, Arizo"". Ted Ellis, Mayor, Blufflon, Indiana. Makla Eple, Council Member, Cadar Hili, Texas. Margaret Finlay, Mayor, Duarte, Cal~omia' Eddy Ford, Mayor, Farragut, Tennessee. Danny G...,rl/8, Executive Director, Oklahoma Municipal Laague, Inc, . Gary Graham, Mayor, O'Fallon, Illinois. MaUhew Greller, Executive Director, Indiana Association of Cities and Towns. Jim Higdon, Exeoutl.a Director, Georgia Municipal League. Charlu Hughes, Council Presidenl, Gary, Indiana. Steven JefflllY, Execu~ve Director, Vermont League of Citias and Towns. Martin Jonu, Council Member, Conyars. Georgia. Ronald Loveridge, Mayor, Riverside, California. Cynthia Mangini, Councilman-At-Large, Enfield, Connecticut. Marcia Marce>ux, Councilmembef, Rochesler, Minnesola . Michael McGlynn, Mayor, Mildford, Massachusetts. Jamu Mitchell, Jr., Council Member, Charlotte, North CarOlina. Darryl Man, Mayor, Creadmoor, North Carolina. Ed Oakley. Coundlmember, Dallas, Te~as' Jamu Perkins, Jr" Mayor. Selma, A1at>ama. Rlcllard Radcliffe, Councilman Greenacres. Florida. Dottie Reeder, Mayor, Seminole, Florida. Julie Aberg Roblse>n, Council Membar AI-Large, Caf)/, North Carolina. Ron Schmitt, Council Member, Sparks. Nevada. Shlrtey Scott, Council Member, Tucson, Arizona' Anne Sinclair, Cooneil Member, Cohmbia. Soulh Caroli"". Walter Skowre>n, Council Mamber, Loveland. Colorado' Connie Sprynczynatyk, E<eoulive Director, North Dakola League 01 Cities. Ken Strobeck, E'ecu~\te Director. League of Arizona Cities and Towns' Chartetll Tavares, Council Member, Columbus, Ohio. Lynne Whalen, Council Woman, Casper, Wyoming . Jacques Wigginton, Council Member. Lexington, Kentucky. Evelyn Woodson, C<luncilor, C<llumbus, Georgia What Others Are Saying About SBC and Verizon's Video Franchise Plans The Bells' plans to make their new fiber optic network available only to their most privileged customers are drawing poor marks from opinion leaders around the country. . "They are insisting that lawmakers bless their proposal to roll out new digital television and advanced broadband services only to the more affluent... Ifthe pols accede to this special-interest pitch, it will represent a sea change in the bipartisan telecommunications policy of the past 20 years that has required companies that provide video services -- such as cable TV -- to serve the entire community through local franchise agreements... 'The telephone companies' proposal is made precisely for the purpose of allowing them to invest less, and in fewer communities -- rather than more, as the current rules require. And as for their perennial promises of more investment in exchange for legislative favors: Legislators around the country have derided SBC and Verizon for never fulfilling such pledges.... ".. .potential benefits should not transform our elected officials into marionettes for two monopolies that want to trample our civil rights traditions." C. Delores Tucker, Co-founder a/the National Congress of Black Women, Washineton Post Op-Ed (October 19,2005) "Most recently in Texas, telcos were given what they wanted, fast track franchises. But Verizon and SBC, months after the law was put on the books, have offered to provide competitive choice to less than one percent of Texas households. Is the nation giving up the consumer protections and community benefits in the current franchising system just to provide choice to one percent of the population?" "Dispense with local franchises for the phone companies and 'if you live in a poor neighborhood, they won't serve you,' said Mark Cooper, director of research at the Consumer Federation of America in Washington, D.C." Raleigh News & Observer article by David Ran)i (Aug 22. 2005) Testimony of the Honorable Marilyn Praisner on behalf a/the National League of Cities, United States Conference of Mayors, National Association a/Counties, National Association afTelecommunications Officers and Advisors, and Telecommunity. u.s. House Telecommunications and Internet Subcommittee (November 9, 2005) "... regulatory reform should embrace, and not undermine, these core social responsibilities including, in particular, the antidiscrimination rules which ensure that underserved communities will obtain equal access to the latest digital and broadband services... any new legislation enacted by Congress should require all new entrants in the video marketplace to offer their broadband and [video] services to all consumers within their services[sic] territory on a non-discriminatory basis." National Black Caucus o/State Legislator Resolution (Adopted December 8, 2005) "In 2006, Congress will set out to rewrite the nation's telecommunications laws. ." [I]f lawmakers misfire, the digital divide could explode into a digital abyss. ... [C]ompanies willing and able to accelerate the expansion of broadband and video choice and to deploy alternative types of technology FOR INTERNAL PURPOSES ONLY - NOT FOR DISTRIBUTION 1.5.05 to provide more options for relevant content to the Hispanic community should do so in a nondiscriminatory manner. As Congress considers updating our nation's telecom laws, it should do so by creating a national broadband policy with a legislative and regulatory framework for the rapid, nondiscriminatory deployment of video services to every neighborhood to ensure that the process is competitive and fair. In short, any refonn must ensure that Hispanic neighborhoods get access to these new services as quickly as non-Hispanic neighborhoods." Hector Flores, President of League of United Latin America Citizens, Op-ed Miami Herald (January 5. 2006) "[Verizon executive William] Roberts also did not mention that FiOS is being deployed to communities in Prince George's County [Maryland] that have a median household income of about $80,000 or above. Meanwhile, Verizon is leaving communities such as Oxon Hill, Temple Hills and District Heights out in the cold. Rather than obscuring its discriminatory practices, Verizon should pledge to abide by the antidiscrimination laws that apply to other providers of video services." Mark McClarey, Chairman, National Black Church Initiative's Ministers Alliance, Letter to the Washineton Post (November 3, 2005) "NHCSL urges Congress to update our nation's telecom laws by creating a national broadband policy that provides a legislative and regulatory framework for the rapid, non-discriminatory deployment of video choice, ensuring the benefits of competition in the video marketplace for the Hispanic community. ... any new legislation enacted by Congress should apply the same Federal prohibition of discrimination that currently applies with respect to cable to new competitors as well...." National Hispanic Caucus of State Legislators Resolution (adapted November 12, 2005) "We fear that many of the complaints mask the true intent of supporting a repeal of the anti- discrimination rules ~ namely, to roll out new broadband and video services solely to customers that have the luxury of paying for their most expensive services. ... We therefore urge you to oppose any legislation that would be a setback for competition and the closing of the digital divide in the Hispanic community." Letter from the Hispanic Federation to U.S House and Senate Commerce Committees (December 7, 2005) "You have Lightspeed for the well-off and 'snail-speed' for everyone else, which is the bottom 50 percentile." u.s. Representative Ed Markey, u.s. House Telecommunications and Internet Subcommittee (quoted) Dallas MorninfJ News (April 20, 2005) "Qwest and its sister Bell telephone monopolies - SBC, Verizon and BellSouth - are seeking exemptions from time-honored civil rights laws that require companies providing cable services to serve all neighborhoods in their service area. The telephone companies - whose networks were built with more than a century of government subsidies and handouts - now want our local lawmakers to bless a business plan that will largely exclude African-American, Hispanic and working-class communities from the latest 21st century advanced broadband services." Rev. Patrick L. Demmer, Political Vice President of the Greater Metro Denver Ministerial Alliance and Senior Pastor at Graham Memorial Community Church, Denver Post Op-ed (December 9. 2005) 'The stakes are especially high for SBC, which doesn't want to have to wire entire towns. It plans to target 90% of high-spending customers, 70% of 'middle-value' subscribers and 5% of' low-value' consumers. 'The last time I looked, that was called red-lining,' says [Marilyn] Mohrman-Gillis [of the National League of Cities.]" USA Todav article by Paul Davidson (December 9, 2004) FOR INTERNAL PURPOSES ONLY - NOT FOR DISTRIBUTION 1.5.05 "IfVerizon is installing these [fiber] lines for voice and data service anyway, it is fair to ask why it still cannot get non-exclusive cable TV franchises one town at a time. This really has nothing to do with the newer technology. Verizon really wants a cost-saving regulatory shortcut." Gloucester Countv Times editorial (December 2, 2005) "The demographics of areas Verizon is targeting are raising some questions about. . . 'broadband redlining' by telecommunications giants cherry-picking affluent areas for advanced service offers." Boston Globe article by Peter Howe (February 9, 2005) "It's strange that the leadership in Austin is rushing to pass a bill riddled with problems and guaranteeing unequal access to communication." Houston Chronicle Editorial (July 14. 2005) "At a time when everyone in the country realizes it is vital for our future generations to bridge the digital divide, SBC seems to be doing all it can to widen it." Rev. James L. Demus III, Ministerial Alliance Against the Digital Divide( quoted) Multichannel News (January 7, 2005) "The [legislation] unfortunately does not ensure that new television services are provided to consumers throughout the state and therefore is likely to leave out minority and low-income communities. . . . "It comes down to pure and simple greed." "The United States Conference of Mayors supports the continued requirement for providers of video services using the public rights of way to obtain cable franchises, whether the provider is a cable company, a telephone company or some other entity." us Conference of Mayors, Adopted Resolutions, Transportation and Communicatio1:ls (2005) Rev. James L Demus III, Ministerial Alliance Against the Digital Divide quoted in Multichannel News (January 7, 2005) "In 1999, U S West - now Qwest - came out strongly against what it called 'cherry picking' of telephone customers by competitors. 'If you have new competitors coming in and only taking the cream of the crop, who's there to help the little guy?' said then-U S West spokesman David Beigie.... Now that it wants to get into the cable TV business. Qwest argues that 'second entrants' in that market shouldn't have to offer their new service equally to all residents in a community. Qwest is essentially saying - in a twist on its own position - that it shouldn't have to serve 'the little guy.' Who does Qwest want to serve? Its activities so far suggest it wants to provide cable TV to new and affluent neighborhoods - what Beigie called 'the cream ofthe crop.'" Cathy Reynolds, Former President of Denver City Council, and a Past President of the National League a/Cities and the Colorado Municipal League, Rockv Mountain News Op- ed, (December 3. 2005) "It doesn't help me when the Bells say it will take them 40 years to deploy this service... [starting in 1978] it only took 10 years for the cable industry to wire 80 percent of America. The Bells sit here telling us it will [take] 40 years for them... which again [leaves] observers wondering whether or not - _ whether and how high their sincerity coefficient is. And by the way, the cable companies served FOR INTERNAL PURPOSES ONLY - NOT FOR DISTRIBUTION 1.5.05 every single customer in America which the Bells say they can't do. They need 40 years to do something without promising that they're going to serve every consumer." Congressman Ed Markey (D-MA) u.s. House Telecommunications and Internet Subcommittee (November 9, 2005) "They are promising to 'compete' for television customers, ifthey can build their new fiber networks without first obtaining a local franchise agreement. What they really want is license to bring these new services only to the wealthy; an entitlement local leaders around the state are refusing to give them." Manuel Diaz Garza, Edgewood Neighborhood Association San Antonio Business Journal Op-Ed (May 27, 2005) "[O]ur opposition also stems, in part, from our beliefthat [the legislation] could allow telecommunications companies to red line in California cities and deprive municipalities of rranchise fees. . . . If they are allowed to do this, then communities which the telecommunications companies feel are less profitable will fall further behind in the deployment of new technologies." Greater Sacramento Urban League Letter to Chairman Lloyd Levine, Assembly Utilities and Commerce Committee (May 2, 2005) 'This is another discriminatory scheme disguised as technological progress by SBC . . . SBC is planning to deprive poorer customers of access to...vital new technology." Rev. James L. Demus 111, Ministerial Alliance Against the Digital Divide (quoted) Multichannel News (January 7. 2005) "Some analysts estimate that less than 20 percent ofVerizon's entire 29-state territory will ever be served with the fat fiber-optic pipes. So far (their rollout) is mostly targeting affluent towns." Berf!en Record article by lv/artha McKay (February 13, 2005) "If it was really [about] leveling the playing field, the bill could have required phone companies to commit to deploy their service to entire communities." Tim Morstad, Policy Analystfor Consumers Union-Austin (quoted) Fort Worth Star Tele~ram (May 19. 2005) "Verizon doesn't need to have a strategy to give fiber to everybody - they need a strategy to make money." Tom Nolle, Telecom Analyst quoted in the Bergen Record (February 13, 2005) "The former Bell telephone companies desire the right to pick which neighborhoods they serve, which probably would leave many Iow- income residents without spirited competition. The Legislature should approve a bill that requires competition for all, especially for low-income residents who most need competitive rates." Houston Chronicle Editorial (May 7, 2005) "Like me, I think most mayors around the state want to negotiate a franchise with Verizon. More competition for cable service is a good thing for consumers. But allowing Verizon to compete should not come at the expense of other important priorities for our communities, especially when it is clear that consumers can have both. "Verizon's new network raises a host of questions, including how our public rights-of-way will be used. As the company looks to tear up our streets, or install huge new boxes in front of residents' FOR INTERNAL PURPOSES ONLY - NOT FOR DISTRIBUTION 1.5.05 homes, local governments have a role in making sure that public safety and aesthetic concerns are met. These are what franchise agreements and local oversight are designed to accomplish. . . . "Now I'm not sure whether Verizon considers working with local community leaders merely a nuisance or just wants to avoid these responsibilities altogether. Regardless, it is time for the company to put its cards on the table." G. Thomas Donch, Mayor of Franklin Lakes Letter to the Berf!en Record (July 17, 2005) "The phone companies argue that. . . legislation is needed. . . so they can 'compete' for video consumers without being required to build out their networks everywhere within a franchise area. What they really want to do is compete in wealthy neighborhoods. . . . " Jaime Martinez, Texas President a/the Labor Council/or Latin American Advancement Austin American-Statesman Op-Ed (May 17. 2005) "At the expense of minority communities, big telephone monopolies' desire for special interest legislation that allows them to redline minority communities as they build out new telecom services once again reminds me how diligent we must remain against those who seek such legislation." Op-ed by ManLJel Diaz Garza, Director a/the Edgewood Neighborhood Association San Antonio Business Journal (May 27, 2005) "[T]he big phone companies have drafted state legislation that would make Jim Crow proud, freeing them of their obligation to enter into local franchise agreements, while at the same time allowing them to cherry-pick which neighborhoods - even streets - they will serve." Mayor Pro Tern Frank Estrada and Councilman James Bertram, City of Lockhart Letter to the Austin Business Journal (May 6, 2005) FOR INTERNAL PURPOSES ONLY - NOT FOR DISTRIBUTION 1.5.05 ---_.__.~-"-_._,_..._'--'---- Overview of Telephone Company Video Franchising Bills Prepared by the City of Iowa City Cable TV Division House Study Bill 670 and its companion Senate Study Bill 3146 were recently introduced in the Iowa General Assembly with the purported goal of promoting competition in the cable TV market. These bills respond to claims by telecommunications providers, principally Qwest and the Iowa Telecommunications Association, that following the long-established franchising regulations governing cable TV providers is too burdensome to permit them to rapidly enter into competition with cable TV operators. This claim is supported only by the telephone industry's assertion. There is little substantial evidence they can offer from either Iowa or around the country. The effect of this legislation would extend well beyond just facilitation of market entry. These bills would effectively eliminate nearly all regulatory authority of any kind of municipalities and the state by eliminating franchise agreements and create a separate and distinct category of video service provider specifically for new entrants, primarily telecommunications providers, while retaining the existing obligations for incumbent cable TV providers. The effect of this legislation is to create a competitive advantage for telecommunications providers over incumbent cable TV providers. The goal of the legislation is not to level the playing field to permit telecommunications companies to effectively compete, rather it is to give one category of companies an advantage as an incentive to compete. These bills would hand the telecommunications providers a huge gift, but the losers would be the consumers who would lose nearly all of the protections and benefits gained through the traditional franchising process. Municipal governments are quite rightly perceived as being closest to citizens. Congress has recognized that municipalities are best suited to deal with consumer protection, ascertain and promote a community's communications needs, protect and manage their rights-of-ways, and ensure that cable TV services would be available to all citizens, and provided them the authority to do so. With this proposed legislation those protections would be eliminated. By carving out a preferential new category specifically for new entrants in the cable TV industry nearly all of the existing consumer protection and franchise-related benefits afforded local communities by virtue of federal law would be lost. Federal law gives municipalities the responsibilities to enforce the FCC's Customer Service Standards. Theses rules set out requirements regarding office hours and telephone availability; installations, outages, and service calls; billing practices; and the minimum information a cable company must provide subscribers. The FCC Standards would not be enforceable. Rates for the basic tier, which provide consumers a low-cost program offering, are regulated by municipalities subject to FCC rules. That protection would be lost. Municipalities receive and resolve consumer complaints. That authority would be lost. Municipal franchise agreements ensure that all citizens will be served. The proposed legislation forbids build-out requirements. Municipal franchise agreements provide for channel space and funding oflocal public, educational, and government channels. The proposed legislation would only require equivalent channel but no operational funding. The bills allow municipalities to receive compensation for the use of the public right of way through franchise fees, which would seem to be consistent with fair competition. However, the definition of gross revenues has been written so non-subscriber revenue such as advertising is not subject to franchise fees for the new entrants-but that is not the case with the incumbent cable TV operator. In sum, these bills do not promote fair competitionnquite the opposite. They do not provide benefits for consumers, but rather reduce their protections. They do not streamline the franchising process, they eliminate it. These bills are bad for municipalities, bad for consumers, bad for fair competition, and bad public policy. ~---,." ~--'---"'---'-'-'--~'''-'''''-'~-'''"'-'---'-''-'-'------~"-~-_._--~---._--"-,------_._,---_._.-.__._".. MINUTES PLANNING AND ZONING COMMISSION EMMA J. HARVAT CONFERENCE ROOM FEBRUARY 16, 2006 em PRELIMINARY MEMBERS PRESENT: Beth Koppes, Bob Brooks, Ann Freerks, Terry Smith, Wally Plahutnik MEMBERS EXCUSED: Don Anciaux. Dean Shannon STAFF PRESENT: Bob Miklo, Sunil Terdalkar, Mitch Behr OTHERS PRESENT: Steve Gordon, Greg Van Dusseldorp RECOMMENDATIONS TO CITY COUNCIL: Recommended approval by a vote of 5-0, (Anciaux, Shannon absent) REZ06-00002, an amendment to a conditional zoning agreement to remove the requirement for a 30-foot setback (Item 4.e) subject to maintenance of the landscaped bed at the front of the lot and complete compliance with the landscape plan approved as a requirement of the right-of-way vacation prior to the installation of any additional parking or dispiay areas within the 30-foot setback from Highway 1 for .63-acres of land located at 809-817 Highway 1 West. CALL TO ORDER: Brooks called the meeting to order at 7:34 pm. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. REZONING ITEMS: REZ06-00002, discussion of an application submitted by Autohaus L TD for an amendment to a Conditional Zoning Agreement (CZA) to remove the requirement for a 30-foot landscape setback from Highway 1 for .63-acres of land located at 809-817 Highway 1 West. Miklo said the area was required to be maintained as a landscaped or turf-grass area as part of a 2001 rezoning. Shortly after the rezoning the City had vacated the frontage road and entered into an agreement with the applicant in which the City would vacate the R-O-W and turn it over to the applicant. A condition of that agreement had been a requirement for landscaping along the frontage as well as three small landscape islands that had replaced a larger existing green swath. At the time of the vacation it had been thought that the landscaping, which would be denser than just grass, would serve in lieu of the 30-foot setback. The applicant was currently requesting to eliminate the requirement for a 30-foot setback from Highway 1 for the Nissan portion of the property in order to allow more vehicle display area near the R-O-W. Similar landscaping conditions had been placed upon other businesses fronting Highway 1. Miklo said Staff recommended approval of the amendment to the CZA to remove the setback requirement. However, as noted in the Staff Report, as part of the previous right-of-way vacation agreement there were four (4) ornamental trees required in the larger parking lot which had not been planted yet. Miklo had spoken with Julie Tallman and she had no recollection of a wavier for those trees so they would need to be planted before any additional paving to the west was installed. Public discussion was opened. There was none. Public discussion was closed. Motion: Smith made a motion to approve REZ06-00002, an amendment to a Conditional Zoning Agreement to remove the requirement for a 30-foot setback (Item 4.e) subject to maintenance of the landscaped bed at the front of the lot and complete compliance with the landscape plan approved as a requirement of the right-of-way vacation prior to the installation of any additional parking or display areas within the 30-foot setback from Highway 1 for .63-acres of land located at 809-817 Highway 1 West. Plahutnik seconded the motion. The motion passed on a vote of 5-0 (Anciaux, Shannon absent). Planning and Zoning Commission Minutes February 16, 2006 Page 2 REZ06-00003, discussion of an application submitted by Sycamore Apartments LLC for a rezoning of approximately 1.51-acres of property from Interim Development Multi-family Residential (ID-RM) to Low Density Multi-Family Residential (RM-12) located on Kountry Lane SE. Terdalkar said the property was accessed through a private drive from Kountry Lane. In 1994 when the property had been annexed in to the City it had been part of a larger piece zoned ID-RM. When the City had acquired the Sycamore Greenway, this 1.5-acre tract had become separated from the larger ID-RM zone. An adjoining single-family residential property is located to the east. The subject property provides a transition zone and acted as a buffer from the existing multi-family residential development on the west. The City's Comprehensive Plan recognized this unique situation but anticipated the isolated piece to be developed as multi-family development. Terdalkar said Staff recommended approval of REZ06-00003 subject to a Conditional Zoning Agreement which required a minimum 35-foot building setback from the east property line with an evergreen landscape buffer to provide a buffer for the adjacent single-family home. Brooks said he felt the 35-foot setback and the evergreen landscape buffer were good ideas to create a separation and buffer. He asked how would they be defined and how would there be assurances that the developer would plant them according to specifications in order that the buffer would accomplish what it was intended to do? Terdalkar said the developer would be required to submit a landscape plan showing the type of plants to be planted. Behr said with a rezoning, if a developer did not comply with the terms of a CZA, they would be subject to a municipal infraction and it would be handled the same as any other zoning violation. Brooks asked if it could be stipulated as part of the CZA that the plantings be in place before any buildings were started. Behr said the CZA could govern when the plantings had to be done. Miklo said typically the requirement was to have the buffer/plantings done before a certificate of occupancy was issued. Freerks asked how the required planting of trees had been missed in the previous commercial item they'd voted on. Miklo said it had been part of a vacation of R-O-W, and did not necessarily require a building permit. Koppes asked if the private drive went all the way to the end of the property. Terdalkar said that was correct, it went all the way to the single-family home. Brooks asked if there was an agreement in place for access to the proposed multi-family dwelling with the property owner of the single-family home as access was via the private drive. Terdalkar indicated on an overhead map where Kountry Lane ended and the private drive began. Plahutnik said after looking at the photo of the existing greenery and lane, it didn't look to be a very dense buffer. With only a 35-foot setback requirement, having a multi-family dwelling that close to his home would make him uncomfortable. Public discussion was opened. Steve Gordon, developer's representative, said this was part of a 420-acre annexation into the City approximately 3 years ago. There were currently 3 existing apartment buildings on the west side of the property. Because the South Sycamore Regional Storm Water detention project used a large portion of the property this piece had remained attached to the larger RM-12 land to the north. The applicant's intent was to finish the Sycamore Apartment project. After the Regional Storm Water project had been completed, it had brought services to the area which had allowed the development of the current Sycamore Apartments. They were in addition to the three older buildings to which the applicant had made a lot of improvements to. In order to finish out the project the applicant was requesting that the 1.51-acre parcel be rezoned to RM-12. Gordon said they had tried to keep the buildings as far west as possible, Building H sat in line with the other buildings, Building I was at least 35-feet away from the property line. Planning and Zoning Commission Minutes February 16, 2006 Page 3 They anticipated doing extensive landscaping to be specified in the CZA. Gordon said he thought they could also sink the building into the ground so it would not have a 3-story look from the front - the lower units wouid not have a patio but would have a garden-type window to minimize the building's buik as seen from the private drive. He had met earlier in the week with Mr. Van Dusseldorp who'd made a couple of suggestions which Gordon wished to present: 1) Connect their sidewalk system with the City's trail system. That was not part of their original plans, but the applicant would like to connect the sidewalk in front of Building H with the City's trail system if the City would allow it. 2) At the end of the private drive, erect a sign "Private drive, no outlet" to inform vehicles that it was a private drive. Gordon said they felt their plans were in line with the City's Comprehensive Plan. It had been a successful development which had provided a quality place to live at a reasonable price on the south side of Iowa City. Gordon said he was aware of the request to have this item deferred and was agreeable. Brooks asked if the sidewalk connection was feasible, he thought it was a good idea. Miklo said he didn't anticipate any probiems with that, it would have to be worked out with the Parks and Recreation Department. Plahutnik said Gordon had begun the process of meeting with the adjacent home/land owners, a process that the Commission endorsed. Freerks asked Gordon if he would be agreeable to having a condition in the CZA stipulate that Building I would be 2 Y, stories in height so the neighboring property owner would know that it was something that the Commission felt was a serious commitment. Gordon said at this time he would be hesitant to agree in that they had built the other buiidings in that area and he didn't perceive a problem. The City Engineering Department had said there was a high water table in that area; the ground naturally sloped from north to south. The only thing that would prevent the proposed submersion of Building I would be if there was water and they could not dig down. If the Commissions wished, he could hopefUlly have the tests done before the next Commission meeting. If they tested the soils and there was water, then he would not want that as part of the CZA. Greq Van Dusseldoro, 4387 Kountry Lane SE, said he had concerns about more apartments being built in that area due to the wetiands that existed there and some events that occurred at the existing apartments. He said he'd like to see green space or park area considered for that parcel of land due to the density of persons currently residing in the apartment complex. It had been his understanding when the area had previously been rezoned that no more construction would occur, the number of apartments constructed and density was appropriate for that area. Van Dusseldorp said he felt that the Commission should take into consideration the density of persons living there and their need to have space to recreate. There was also a tremendous number of pets who resided there and persons currently used the open area to run their dogs off leash. He'd not complained when the dogs had run on his property, he'd tried to adjust to it. That was another concern of his. Van Dusseldorp said he'd aiso exchanged e-mails with realtors who'd informed him that with more apartments and higher densities in his area, it wouid cause his property values to decrease. He was also concerned for his peace and quiet. Van Dusseldorp said he was concerned about Building I being over 2 Y, stories high. He felt that these types of items could have been taiked out earlier. He was disappointed that he had not been informed earlier, he'd not received any notification from the City until Saturday, Gordon had visited with him even prior to the City. He appreciated that Gordon had contacted him, but felt it would have been more appropriate and a better Good Neighbor intent if they'd contacted him last fall. Van Dusseidorp felt that the intent had been to shove this through and not give him time to understand the situation. He'd had to hire an attorney to get information and to scramble to try to understand what was going to happen. If he'd been given more notice he possibly could have had a better understanding of the situation and not had to hire an attorney. . Van Dusseldorp said he was concerned as to how the surrounding area was going to be developed. He'd resided there since 1996 and had watched the area develop. His daughter had commented that the little Planning and Zoning Commission Minutes February 16, 2006 Page 4 green stream had turned into a big brown ditch. It was not the area that he'd bought 10 years ago. With the proposed apartments coming closer to his property, he felt it was intrusive on his privacy. He was concerned about the ID-RM areas, what they would become and if they were to be low density or multi- family housing. He was very concerned as to what was going to h<lppen to the wet lands. A tremendous amount of trash from the apartment complex blew into the ditch and no one picked it up. He'd picked the trash up for 6-months, he didn't think there was enough maintenance for the trash and receptacle area. It was concerning to him to constantly have the trash blow onto his land and to have to pick it up. Trash from when the apartments had been constructed several years ago was still there. The density of persons living there and the irresponsibility of those persons were part of the problem. Van Dusseldorp said he was willing to work with the developer, he realized that he probably was not going to get much done but wished to voice his opinion with the Commission. He was particularly concerned with the placement of Building I, he felt if the development had been built all at once it could have been a better complex. He was also unhappy with the amount of concrete that had been and would be installed for parking. A lot of persons used the trail, he'd had people compliment him for picking up the trash along the trail. Hauling out other people's trash was not pleasant. Plahutnik asked Van Dusseldorp if he anticipated talking with Gordon again during the requested 45-day extension to work things out. Van Dusseldorp said he was unfamiliar with the process, he didn't know if he should be talking to the developer or with the Commission. Freerks suggested including Staff in the discussion(s) as well. Plahutnik said the Commission didn't want to be in the position of telling the developer that they couldn't build on their land. A rezoning had been requested 'and there would be concessions with the rezoning as well. Staff would be a good resource as well as working with the developer. The Commission would like to see him be happy as well, but might not be able to satisfy all of his requests. Miklo said if this item were to be deferred, Staff could be directed to further explore certain concerns. With respect to the trash, the City Inspection Department could perform an inspection of the site and duplexes to see if they were being properly contained. Van Dusseldorp said he didn't think it was the containers as much as the people, how they placed their trash in the containers and how it was removed, on a windy day for instance. A lot of the problem was people being irresponsible and simply throwing their trash out the window. That could be seen between where you turned off Sycamore Street, traveled down Kountry Lane and turned into the apartments. Miklo said the Inspection Department had a lot of experience with different types of enclosure designs, particularly with designs that if the trash did get out of the container(s) it would be contained in a chain link, decorative fence or masonry enclosure. They'd look at it to see if a solution could be achieved. Freerks requested to have the Inspection Department look at the situation and initiate a solution if possible. Smith encouraged Van Dusseldorp to talk with Gordon and work out details with him. Van Dusseldorp said the wet lands were a very nice area. It was surprising how much water filled up in the ditch, the ducks and waterfowl had to contend with the trash. More apartments meant more noise too. Freerks asked about parking and number of parking spaces as the amount of concrete had been mentioned as well. Brooks said that had been a concern of his as well. The applicant was meeting the requirements. Terdalkar said 130 units, 234 parking spaces. Plahutnik said he regretted that the first thing Van Dusseldorp had done was to contact an attorney, which had cost him money. All the numbers of the Commission were published and they were all available to talk to. Miklo said the Commission By-laws regarding ex-parte discussions indicated that the appropriate process was for members of the public to attend the Commission's public meetings and not to talk to the Commissioners outside the meetings. In that way everyone has benefit of the same information, and the Commission could not be accused of working out deals in private. Planning and Zoning Commission Minutes February 16, 2006 Page 5 Koppes asked if there were additional requirements for open space in that area. Mlklo said since it was not a subdivision, there was not a specific requirement. The neighborhood open space ordinance became effective when there was a subdivision or planned development. Van Dusseldorp said the kids who resided there now played in the corn field to the north, there was no other area for them to play in. The area proposed to be rezoned was extremely rough, it had been poorly graded, never re-seeded and had gone to weeds. After he had complained, it had been mowed but not maintained. Terdalkar said the green space fee noted in Staff Report was a name for Storm Water Management fee. Miklo said because of the high water table and not the best drainage in this part of the city, the City had taken on a public project and built the Sycamore Regional Greenway. The intent was to have it collect storm water from developing areas rather than having individual basins in each development. That fee would go toward the City's expense of having developed the Greenway. In addition to providing for draining it provided some open space and some wetland restoration. Koppes said as the development grew, there would be no parks required. Miklo said if there was a subdivision involved, then the Neighborhood Open Space ordinance would take effect and dedication or fees would be required. In the RS-8 area of Saddlebrook, when it was subdivided, it was anticipated then the ordinance would kick-in. Freerks asked Staff and the Developer to look at moving Building I, perhaps to the south to open up green space to the east and to the north. She realized there might be issues with topography or the water table, but to provide a little more space would be done easier now. Miklo said Staff would look at that. Van Dusseldorp said he definitely had a concern that Building I not be over 2 Y, stories high; he didn't want it to over power his home or the view when driving down the lane be apartments only. Public discussion was closed. Brooks said because the adjoining property owner had expressed concerns and requested a deferral to work through details and the developer was willing to do so, the Commission should defer. In the interim, Brooks requested that the developer, City Staff and the adjacent property owner explore some ideas to make the proposal more acceptable to all parties and come to consensus on a few things. Motion: Koppes made a motion to defer REZ06-00003, a rezoning of approximately 1.51-acres from Interim Development Multi-family Residential (IDRM) to Low Density Multi-Family Residential (RM-12) located on Kountry Lane SE. Freerks seconded the motion. The motion passed on a vote of 5-0 (Anciaux, Shannon absent). CONSIDERATION OF 2/2/06 MEETING MINUTES: Motion: Freerks made a motion to approve the minutes as typed and corrected. Koppes seconded. The motion passed on a vote of 5-0, (Anciaux, Shannon absent). OTHER ITEMS: Miklo distributed copies of a letter that had received addressed to the Commission. The letter was from a homeowner who had recently made some renovations and had complaints regarding the building code. Miklo had also forwarded the letter to the Building Official. The concerns were not specific to the zoning of her particular property. Freerks and Brooks requested Staff to draft a letter acknowledging receipt of her letter and that it had been forwarded to the appropriate department. Planning and Zoning Commission Minutes February 16, 2006 Page 6 ADJOURNMENT: Motion: Smith made a motion to adjourn the meeting at 8:15 pm. Koppes seconded the motion. The motion carried on a vote of 5-0, (Anciaux, Shannon absent). Elizabeth Koppes, Secretary Minutes submitted by Candy Barnhill s:/pcd/minutes/p&z12006/02-16-06.doc i I I I Iowa City Planning & Zoning Commission I Attendance Record I 2006 I FORMAL MEETING I , Term I , Name Expires 1/5 1/19 2/2 2/16 I D. Anciaux 05/06 X X X OlE B. Brooks 05/10 X X X X A. Freerks 05/08 X X X X E.Koppes 05/07 OlE X X X W Plahutnik 05/10 X OlE X X D.Shannon 05/08 X X X OlE T. Smith 05/06 X X OlE X INFORMAL MEETING Term Name Expires 2113 D. Anciaux 05/06 X B. Brooks 05/10 X A. Freerks 05/08 X E.Koppes 05/07 X W Plahutnik 05/10 X D.Shannon 05/08 OlE i T. Smith 05/06 X I I I Key: I X = Present 0 = Absent OlE = Absent/Excused N/M= No Meeting I I I I I I GrD ~ Iowa City ~Public Library DRAFT BOARD OF TRUSTEES Minutes 5:00 pm - January 26, 2006 2nd Floor Board Room David VanDusseldorp, President Linzee McCray, Vice President Thomas Dean William Karf Thomas Martin Meredith Rich-Chappell Pat Schnack, Secretary Leon Spies Tom Suter Agenda item 3A Members Present: Thomas Dean, William Korf, Tom Martin, Linzee McCray, Meredith Rich- Chappell, Pat Schnack, Leon Spies Members Absent: David VanDusseldorp, Tom Suter Staff Present: Barb Black, Maeve Clark, Susan Craig, Debb Green, Heidi Lauritzen, Kara Logsden, Elyse Miller, Patty McCarthy, Hal Penick Call Meeting to Order McCray called the meeting to order at 5:00 pm. Public Discussion Mr. Ray Robinson asked that the Library designate specific areas where cell phones may/may not be used. Approval of Minutes The minutes of the regular meeting of December 15, 2005 were approved after a motion made by Korf and seconded by Rich-Chappell. Motion passed 7-0. Unfinished Business A. Leased Space Update/Approve lease for New York NY Deli: The lease for the proposed upstairs tenant New York NY Deli is scheduled to be officially approved at the 2/13/06 City Council meeting. This kind of proposal must have at least two hearings at City Council before it comes to a vote. We believe New York NY Deli will be subleasing part of the space. One council member wondered why we wouldn't lease this directly. Craig explained that we would prefer one responsible party. We must approve all subleases. The Board had no questions or concerns regarding the Deli lease. Agenda item 3A Page No 2 Primus lease: Eric Goers, City attorney, is working on an agreement between Primus and the City of Iowa City to cancel their lease. Primus, citing a change in corporate direction, decided not to inhabit the space in the basement, even after bathrooms and other improvements were made. Hanick does have a party interested in the basement. Any official agreement will have to be approved by the City Council. B. Extend agreement with realtor, Kevin Hanick. The contract with our realtor, Kevin Hanick, will expire in February 2006. This contract has been extended before. Schnack made a motion, which was seconded by Martin to extend Hanick's contract for six months until August 2006. Motion passed 7-0. C. FY07 Budget The Citizen's Summary of the FY07 budget as prepared by the City Manager and sent to Iowa City City Council was distributed. Budget meetings are underway; ICPL's meeting is scheduled for 7:15 pm on Monday night. In preparation for this meeting with City Council, Craig asked how Board members wished to follow up on the two Library budget items that were not recommended for FY07. Board members felt strongly that Council hear that the expanded hours proposal was in response to the strategic plan, which is a reflection of what the community wishes. The Board wanted Council to know that these budget initiatives are a good value for the money. Additionally, it shouid be noted to Council that the public would really like more hours than those proposed in our budget. VanDusseldorp and Craig will present, but all Board members were encouraged to attend the budget meeting. Schnack would like the parking issue to be raised at the meeting on Monday night. There is concern about the impact of an open Plaza Towers building on parking availability in the Dubuque Street ramp. Craig will talk to VanDusseldorp about this. The Library is monitoring and paying attention to this important issue. There is good budget news: Craig states that the City of Iowa City budgeted for a higher increase in healthcare costs than the provider says will be needed. Additionally, due to an increase of 16% in property values, if levies do not change, there will be additional tax money. The City Council has policy decisions to make about these issues. New Business Review of Board Policy #802 - Confidentiality This policy was reviewed. Dean was concerned that the new language made it sound like we would be too compliant with federal requests. others also questioned the new language. Spies suggested looking at the Madison, Wisconsin Public Library policy. New policy language was discussed. Craig suggested that we work on the policy language and bring revisions back to the Board. Spies made a motion to table the item until next meeting, which was seconded by Dean. Motion passed 7-0. Review of Board Policy #704 - Use of Cardholder File The Board reviewed policy on Use of Cardholder File. Spies made a motion to approve the policy that was seconded by Rich-Chappell. Motion passed 7-0. Spelling Bee Sponsorship Trustee Spellers is the name of the ICPL Library Board spelling bee team, which is sponsored from gift funds. Rich-Chappell made a motion to approve sponsoring the team, which was seconded by Spies. Motion passed 7-0. --------_._--~_.,._~---_..,_...._---_..._---_._._--_.-,._-'-----_._--_._--~--_._.,_._.._~.,.__._"~_.,--_.._- Agenda item 3A Page No 3 FY06 Strategic Plan Report The Board was impressed with many aspects of the strategic plan six-month update, including the number and kinds of partnerships and the annual fund increase over last year. Schnack would like to help Children's and Adult Services with some of the "tween" programming. Staff Reports Deoartmental Reoorts: Adult Services, Circulation, and Information Services Adult Services report. There was discussion about community service volunteers. They are typically court mandated and their associated job descriptions identify restrictions e.g., a person who was convicted of stealing cannot work at The Book End because of the money component of those jobs. Most community service volunteers are hardworking and capable. We have had community service volunteers stay on as regular volunteers. Korf asked about e-audio and when it will be available. We are still waiting for word from the vendor. Circulation Services report. Hours during the recent holidays were discussed. Dean wondered if there was any interpretation of the statistics about the Library closure on 12/25-26. It was noted that the Library does nearly the equivalent of two days of business the day after the holidays and that patrons would likely use the Library on 12/26. We received a few complaints about fines incurred due to reduced hours on Saturday. Foundation Reoort. Ginsberg Jewelers is having an everything-must-go sale on Saturday from which the library will benefit by one-third of the profits. It is hoped that a good turnout will help spark an annual event that includes other businesses. Spies stated that other non-profit organizations are keeping an eye on this event and its success. The Annual Fund has passed the $50,000 mark. Seventeen teams have registered for Iowa City Spells on 2/7/06. University Heiqhts Uodate. Craig spoke with the Mayor of University Heights today. She appointed a library committee, consisting of two persons from University Heights Council and two persons from the community. Minor revisions to the contract may come back to ICPL Board. Changes would need the approval of Iowa City and Coralville Public Library Boards. President's Report The March Board of Trustees meeting has been set for March 30, 2006. Announcements from Members Schnack said that she saw Spies on NBC's Dateline. He discussed a high profile murder case in which he was involved. Committee Reports Foundation Members Martin reported that the Foundation Board met on Wednesday, 1/25. The Book End reports that the faCility is cleaner than it's ever been thanks to Michael Lensing, who generously donated a cleaning service. The meeting focused on budget matters and fundraising activities, including Agenda item 3A Page No 4 the Building the Collection event that will be held in May at hotelVetro. After this event the Board hopes to focus on some specific one-time purchases, such as Airpac. Communications None. Quarterly Financial Reports Second quarter receipts. Second quarter expenditures. Second quarter gifts and bequests. Quarterly Use Reports Six month output measures. lCPL is the single busiest library building in the state in number of visitors and circulation. Six-month circulation by area and agency. Six-month circulation by type and format. Modest decreases in circulation, typical after the grand opening year, were noted. The number of reserves is up. As this is a staff-intensive service, self-check helps by giving staff time to handle more reserves. Internet usage is also up. Disbursements Visa Expenditures for December, 2005 were reviewed. Disbursements for December 200S were approved after a motion by Korf and seconded by Spies. Approved 7 -0. Set Agenda Order for February Meeting Policy reviews: Confidentiality policy Discussion rooms Setting hours Nominating committee appointed Cell phone use (review current policy) Adjournment The meeting was adjourned at 6:14 pm. Respectfully submitted, Elyse Miller Board or Commission: ICPL Board of Trustees ATTENDANCE RECORD CALENDAR YEAR 2006 Meeting Date Name Term 1/26/06 2/23/06 3/30/06 4/27/06 5/25/06 6/22/06 7/27/06 8/24/06 9/28/06 10/26/06 11/16/06 12/28/05 Exp Thomas Dean 7/01/09 X X Bill Korf 7/01/09 X X Tom Marfin X X Linzee McCray 7/01/09 X OlE Meredith X X Rich-Chappel Pat Schnack 7/01/07 X X I Leon Spies X X I i , Tom Suter 7/01/07 0 0 I , I Dave I 7/01/07 OlE , VanDusseldorp X KEY: X = Present 0 = Absent OlE = Absenl/Excused NM = No meeting _n = Not a Member ~ MINUTES Iowa City Airport Commission February 9, 2006 Iowa City Airport Terminal- 5:45 PM DRAFT Members Present: Randy Hartwig, Chair; John Staley; Dan Clay; Howard Horan; Greg Farris Staff Present: Sue Dulek, Michael Tharp Others Present: Richard Blum, Rick Mascari, David Hughes, Ron Wade, Mary Honeck DETERMINE QUORUM: Chairperson Hartwig caIled the meeting to order at 5:47 PM. RECOMMENDATIONS TO COUNCIL: APPROVAL OF MINUTES FROM JANUARY 12 and JANUARY 23, 2006, MEETINGS: Chairperson Hartwig asked ifthere were any additions or changes to the above-named minutes. Horan moved to accept the minutes of the January 12 and January 23, 2006, meetings as written; seconded by Farris. Motion passed 3-0 (Staley absent). PUBLIC DISCUSSION: Rick Mascari thanked the Commission for allowing him to install insulation in his hangar. He stated that he would probably start on this in the spring. ITEMS FOR DISCUSSION/ACTION: A. Parcel of Land: Parcel No. 1020177001 (the "Hagen parcel" located on Highway 1 between land owned by Patricia Wade and Ann Hargrave) - Hartwig stated that the purpose of this being on tonight's agenda is so they can address any questions that need to be answered, and for the Commission to decide what process they would like to use regarding offers to lease or buy this land. He stated that first he would like to address any issues regarding F.A.A. requirements, and the difference in these requirements with leasing versus selling. David Hughes of Earth Tech explained to the Commission that this land was purchased with F.A.A. funds, and that if they do seIl this land, a portion has to go back to the F.A.A. to off-set the portion they originally gave the Airport. Hartwig stated that the appraisal is not yet complete on this parcel, but it may be available by the next Commission meeting. Members asked questions regarding leasing versus selling, Airport Commission February 9,2006 Page 2 and if they know the marketability of this land. The discussion continued with members asking what advantages are there to selling the property, versus leasing it. It was stated that once they have the appraisal numbers, they would be better able to calculate this payback amount to the F.A.A. Hartwig stated that they need to decide how they want to proceed, such as asking for sealed bids from people who want to buy the land or lease the land. Horan stated that he would prefer to keep the land and lease it. He stated that they should hang on to it and see where the market goes, as far as developing it. The discussion then turned to finding out what restrictions would apply if they did lease the land. It was reiterated that the Commission needs the appraisal on this parcel of land and any and all restrictions that apply to the land use, in regards to selling versus leasing, and the F.A.A. restrictions as well. The members agreed that they would like to move forward with this as soon as possible. (John Staley arrives during the discussion) B. Runway 07 Project - Earth Tech - David Hughes was present. He stated that the box culvert contractor is about 80% done. As the weather permits, Iowa Bridge & Culvert will start work again. He stated that they are currently working with the F.A.A. on finalizing the grading set of plans for this spring. Hughes also spoke about the survey that they have been waiting for the F.A.A. to give their concerns on Section 405. Earth Tech received revised survey requirements from the F.A.A, which would require a change in the current contract and provide a cost savings for the Airport. Horan moved to approve the contract change as discussed; seconded by Farris. Motion passed 4-0. Hughes also spoke about the hangar repairs that have taken place on the roofing of Hangar K. C. T Hangers - Consider resolution awarding contract and authorizing the Chairperson to sign and the Secretary to attest a contract for construction of the project to repair the floors in Hangars B and C - Hartwig noted that they received four bids on this project. Two of them were under the estimate. Hughes spoke to the members regarding this project. Questions arose about where those who rent these hangars would be able to put things while this project is taking place. Staley moved to approve the resolution to award the contract to the lowest bidder; seconded by Farris. Resolution carries 4-0. (TAPE ENDS) Hartwig expressed appreciation to the city for their willingness to work with the airport for the construction proj ects. D. Aviation Commerce Park - Hartwig stated that he spoke with'Harry Wolf yesterday regarding the sale to Wal-Mart. Dulek mentioned the court date for both cases being set for February n'd. E. Airport "Operations": Strategic Plan-Implementation; Budget; and Airport Management - Hartwig "welcomed" Michael Tharp as the new Airport employee. Tharp thanked the members for their vote of confidence. Hartwig stated that a week ago Monday was the City Council budget meeting. He presented the Airport Commission February 9, 2006 Page 3 Airport budget and stated that he thought it went well. He pointed out to the members several categories that have changed, such as the addition of the permanent position. The parking lot project was also discussed, with Hartwig noting that perhaps if several projects were done at one time they could obtain a cheaper bid. In reference to the actual budget for the previous month, Hartwig noted that he was working with Deb Mansfield on this, and in researching the electrical bill costs, they discovered some discrepancies. Tharp noted he'd been in contact with MidAmerican and was waiting for information from them. Land rental- Hartwig noted this is short, and it goes back to last year when some of the people did not get billed in a timely manner. The discussion continued with members asking various questions about upcoming expenses and the monthly budget. Hartwig noted that he and Tharp discussed Tharp's attendance at the American Association of Airport Executives (MAE), who is having a week-long seminar/review for the Certified Member program. Tharp explained that a Certified Member is basically a third of the full accreditation, and he would like to be sent to this seminar. This seminar runs June 26th through the 30th and is in Virginia. Members questioned Tharp about the seminar, and he stated that it will run approximately $1,100 for registration and with transportation; it would be close to double that amount. Hartwig stated that he would like to look into sending Tharp to this seminar, and the members agreed. F. Kim Brogan Agreement - Horan noted that nothing has occurred with this yet, and he is still awaiting word from Brogan. G. Old United Hangar - Clay noted that the State Department of Transportation inquired regarding the costs to relocate the United Hangar. Questions were answered regarding trying to fund a relocation of the United Hangar instead of the planned removal. It was agreed to continue with the planned removal. H. Subcommittees' Reports - Farris commented he'd been away. Farris stated that he and Tharp are going to look into some computer equipment for the Airport. Hartwig noted that they will be working with the City on getting their involvement in things like concrete maintenance. CHAIRPERSON'S REPORT: Hartwig noted that he recently discussed with the City the need to do a survey on the land south of the Airport. He also brought up having a self-serve pump upgrade to be presented as part of the state's General Aviation Vertical Infrastructure (GA VI) grant. He also addressed an aviation magazine article on Operator Performance Lab, headed by Tom Schnell and conducting research at the airport. OPL is working on synthetic vision systems for aircraft. He also mentioned the Iowa Public Airport Association, of which they are a member, and their upcoming show. He will pass on information regarding this Airport Commission February 9, 2006 Page 4 to the members. Hartwig also stated that the F.A.A. web site has some useful information On it. COMMISSION MEMBERS' REPORTS: Staley noted that everyone had a copy of the memo he sent to the Mayor and City Council, asking to be reappointed to the Commission. Horan noted that he took quite a few photos, and he noted that at the self-serve fuel pump, he noted how bad the area is. He asked if they couldn't go out and by hand do some minor repair there. He stated that he had hoped to meet with Amy Correia from the Council, but they have had to reschedule. He will let members know what information she is wanting. (TAPE ENDS) STAFF REPORT: Tharp noted that the Day on the Hill is March 8 from 11:30 to 1:00 P.M. in Room 116. He will email the information to everyone and stated that he plans to attend. Tharp noted that he has spoken with Ron and Jet Air about Jet Air letting the Airport use their Internet connection in the pilot's lounge if the Airport provides the needed equipment to set up a wireless network. The members agreed with this. SET NEXT REGULAR MEETING FOR: March 9, 2006 @ 5:45 P.M. ADJOURN: Meeting adjourned at 7:24 P.M. Airport Commission February 9,2006 Page 5 Airport Commission ATTENDANCE RECORD YEAR 2006 !Meetine Date) TERM 1/12 2/9 3/9 NAME EXP. Daniel Clay 3/1/08 --- --- Randy Hartwig 3/1/09 X X Greg Farris 3/1/07 0 X John Staley 3/1/06 X X Howard Horan 3/1/08 X X KEY: X = Present o = Absent OlE = AbsentlExcnsed NM = No meeting --- = Not a Member