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HomeMy WebLinkAbout2009-11-25 Info Packet~~~~~ ~ •~~'~~~ -~..a.._ CITY OF IOWA CITY www.icgov.org CITY COUNCIL INFORMATION PACKET November 25, 2009 NOVEMBER 30 WORK SESSION IP1 Council Meetings and Work Session Agenda IP2 Memorandum from the Interim City Manager: Priorities for 2010 lobbying trip to Washington, D.C. IP3 Summary of Pending Work Session Issues MISCELLANEOUS IP4 Police Department P.A.U.L.A. Report -October 2009 IP5 Memorandum from the Director of Public Works: Update: Flood-related activities IP6 ECICOG Express November -December 2009 IP7 Minutes: Joint Informal meeting of Johnson County Board of Supervisors and Criminal Justice Coordinating Committee: November 4, 2009 Staff response from Public Works Director to Douglas Jones regarding Parkview Terrace Recovery [Distributed to Council at 12/1 Formal meeting.] DRAFT MINUTES IP8 Telecommunications Commission: October 26, 2009 IP9 Human Rights Commission: November 17, 2009 -.,~,~,®~~'-~ CITY COUNCIL INFORMATION PACKET -.ti...~ CITY OF IOWA CITY www.icgov.org November 25, 2009 ~ NOVEMBER 30 WORK SESSION ~ IP1 Council Meetings and rk Session Agenda IP2 Memorandum from the Int rim City Manager: Priorities or 2010 lobbying trip to Washington, D.C. IP3 Summary of Pending Work Ses 'on Issues MIS ELLANEOUS IP4 Police Department P.A.U.L.A. Report October 2 9 IP5 Memorandum from the Director of Public orks: pdate: Flood-related activities IP6 ECICOG Express November -December 2 IP7 Minutes: Joint Informal meeting of Johns n ounty Board of Supervisors and Criminal Justice Coordinating Committee: Nove er 4, 009 DRA MINUT S IP8 Telecommunications Commissio :October 26, 2009 IP9 Human Rights Commission: N vember 17, 2009 ~ _ ~ 11-25-09 `~ "'"'®'~~ City Council Meeting Schedule and -•~...._ CITY OF IOWA CITY Work Session Agendas November 25, 2009 www.icgov.org • MONDAY, NOVEMBER 30 Emma J. Harvat Hall 6:30p Special Formal -Executive Session (Separate Agenda Posted) • Collective Bargaining Regular Council Work Session • Planning and Zoning Items "d-h" • Council Appointments • Agenda Items • Curfew Ordinance (agenda #7] • Priorities for 2010 lobbying trip to Washington, D.C. IP#2 ^ Information Packet Discussion (Nov 19 & 25] ^ Council Time • Budget Priorities • Schedule of Pending Discussion Items IP #3 • Upcoming Community Events/Council Invitations • Discussion of Meeting Schedules • TUESDAY, DECEMBER 1 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting TENTATIVE MEETING SCHEDULE SUBJECT TO CHANGE • MONDAY, DECEMBER 7 Emma J. Harvat Hall 5:OOp Meeting with Legislators • MONDAY, DECEMBER 14 Emma J. Harvat Hall TBA Regular Council Work Session 7:OOp Special Formal Council Meeting (Continue Work Session if necessary) • TUESDAY, JANUARY 5 Emma J. Harvat Hall 6:30p Special Formal Organizational Meeting-Work Session Budget overview • WEDNESDAY, JANUARY 6 Emma J. Harvat Hall 8:OOa-5:OOp Special Budget Work Session • MONDAY, JANUARY 11 Emma J. Harvat Hall 6:30p Special Work Session • TUESDAY, JANUARY 12 Emma J. Harvat Hall 7:OOp Special Formal Council Meeting • THURSDAY, JANUARY 14 Emma J. Harvat Hall 7:OOp Special Budget Work Session (Boards/Commissions/Events) • MONDAY, JANUARY 18 Martin Luther King, Jr. Day -City Offices Closed ~ - i ~; = V~`~~ ""'®'"~ City Council Meeting Schedule and CITY OF IOWA CITY Work Session Agendas November 25, Zoos www.icgov.org • TUESDAY, JANUARY 19 Emma J. Harvat Hall 7:OOp Special Budget Work Session • WEDNESDAY, JANUARY 20 North Liberty 4:OOp Special Work Session -Joint Meeting 7:OOp Special Budget Work Session (wrap up) Emma J. Harvat Hall • MONDAY, JANUARY 25 Emma J. Harvat Hall TBD Special Work Session 7:OOp Special Formal Council Meeting (Continue Work Session if necessary) • MONDAY, FEBRUARY 1 Emma J. Harvat Hall 6:30p Regular Work Session • TUESDAY, FEBRUARY 2 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • MONDAY, FEBRUARY 15 Presidents' Day -City Offices Closed • TUESDAY, FEBRUARY 16 Emma J. Harvat Hall TBD Special Council Work Session 7:OOp Regular Formal Council Meeting (Continue Work Session if necessary) • MONDAY, MARCH 1 Emma J. Harvat Hall 6:30p Regular Work Session • TUESDAY, MARCH 2 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • MONDAY, MARCH 22 Emma J. Harvat Hall 6:30p Special Work Session • TUESDAY, MARCH 23 Emma J. Harvat Hall 7:OOp Special Formal Council Meeting r ~•! l~®r~~ CITY O F i C? 1N R CITY IP2 ~~ ~ M Date: November 25, 2009 To: City Council From: Dale Helling, Interim City Manager Re: Priorities for 2010 lobbying trip to Washington, D.C. Staff has met to review the potential projects for the Chamber lobbying trip to Washington, D.C. in February. This annual trip is an opportunity for us to present our project priorities to our legislative delegation for Congressionally Designated Funding (CDF). We are never certain of the form that Congressionally Designated Funding will take in any given year, but it is important for us to express our priorities in the event that funding is available. The recent completion of McCollister Boulevard across the Iowa River to Gilbert Street was funded through the CDF process. After consideration, we recommend the following three projects in the following priority order to be taken to Washington, D.C. as our highest priorities: 1. Reconstruction and elevation of Dubuque Street and Park Road Bridge • Total estimated project cost: $32 million; CDF request: $5 million 2. First Avenue Railroad grade separation project • Total estimated project cost: $6.9 million; CDF request: $2.5 million 3. Relocate Iowa City Fire Department Training Center out of flood prone area • Total estimated project cost: $1.0 million; CDF request: $800,000 The first two projects will be familiar to our congressional delegates, as they have been high priority projects for us in preceding years. CDF for these projects would allow them to proceed to construction; hopefully that will be compelling to our representatives in Washington. Funding seems to be coming together with more certainty for the relocation of the North Wastewater Treatment Plant project, and that is the reason you do not see it in the above list. The Fire Department Training Facility is a new project, based on the impact of the 2008 flood on our existing facility. At this time; we do not believe that we will receive flood relief funds for the Fire Department Training Facility, leading to our conclusion that it is a good candidate project for CDF. Another project that might qualify is the Dubuque Street pedestrian bridge over I-80. We have $435,000 previously earmarked for that project and would need an additional $1 million to complete it. In the event that we receive adequate funding for the N. Dubuque St./Park Road Bridge project from other sources, we could include the I-80 Ped Bridge as our new #3 priority. Discussion of project priorities is scheduled your November 30 work session agenda. cc: Rick Fosse Jeff Davidson Mgr/AssVmem/Priorities-2010.DC.Lobbying.doc IP3 SUMMARY OF PENDING WORK SESSION ISSUES 11 /24/09 City Steps Presentation (DECEMBER 14) Site Options for Proposed Justice Center (JANUARY/FEBRUARY) Inclusionary Zoning and Scattered Site Housing (JANUARY/FEBRUARY) Downtown Issues (JANUARY/FEBRUARY) Meet with Historic Preservation Commission re: energy efficiency/green issues (after guideline revisions are drafted) (JANUARY) City Manager Search (FEBRUARY 1) Nuisance Enforcement (FEBRUARY) Site of New Animal Shelter (after FEMA final decision) Flood Response & Mitigation Update (PERIODIC) Alley Inventory (SPRING `10) Backyard Chickens (SPRING ' 10) IP4 Iowa City Police Department P.A. U. L.A. Report -October 2009 (Possession of Alcohol Under Legal Age) Business Name (occupancy] Monthly Totals Year-to-Date Totals PA4/LA Vis~; (occupancy loads updated Oct 'os) visits arrests visits arrests eft- o-date .r 808 Restaurant & Nightclub [176] 3 0 38 36 ~~p:9~47 ~- Airliner [223] 1 0 33 20 0;606 _-. American Legion [140] 3 0 -0.000 -~ Aoeshe Restaurant [156] ~-' Atlas World Grill [165] 7 0 0,0©0 ~~~ __. Blackstone [297] 1 0 ~ .UDO """ Bluebird Diner [82] ~ ':.~ Bob's Your Uncle [260'] ,,.:,.r Bo-James [200] 3 0 29 1 0.034 ~,.~s Bread Garden Market & Bakery [?] [It's] Brothers Bar & Grill [556] 4 1 74 30 0.405 [The] Brown Bottle [289] Buffalo Wild Wings Grill & Bar [189] 3 0 0.000 Cafe Z [56] Caliente Night Club (498] (opened MARI 2 0 31 0 0.000 Carl & Ernie's Pub & Grill [92] 1 0 11 0 0.000 Carlos O'Kelly's [299] Chipotle Mexican Grill [119] (The] Club Car [56] 10 0 0.000 Colonial Lanes (502] Dave's Foxhead Tavern [87] 3 0 0.000 David's Place (aka Dawit's) [73] 6 0 0.000 DC's [120] 24 8 0.333 [The] Deadwood (218] 1 0 9 0 0.000 Devotay [45] Donnelly's Pub [49] 12 0 0.000 [The] Dublin Underground [57] 1 0 10 0 0.000 [Fraternal Order of] Eagle's [315] 2 0 0.000 EI Dorado Mexican Restaurant [104] [BPO] Elks #590 [205] EI Ranchero Mexican Restaurant [161] Englert Theatre [838] Etc [178] 2 0 35 47 1.343 Fiesta Mexico (aka Farras) [200] 13 0 0.000 [The] Field House (aka Third Base) [420] 6 14 68 131 1.926 Firewater [114] 4 1 0.250 Formosa Asian Cuisine [149] 6 5 0.833 George's Buffet [75] 5 0 0.000 Givanni's [158] Godfather's Pizza [170] Graze (49] 3 0 0.000 Grizzly's South Side Pub [265] 1 1 10 1 0.100 Guido's Deli [20] Hawkeye Hideaway [94] 1 0 8 0 0.000 [The] Hilltop Lounge [90] 7 0 0.000 IC Ugly's [72] 10 0 0.000 India Cafe [100] [The] Industry [436] 2 0 20 0 0.000 Jimmy Jack's Rib Shack [71] 3 0 0.000 Joe's Place [281] 18 0 0.000 Joseph's Steak House [226] Kamodo Klub [144] 8 1 0.125 Kandy Land (120] 1 0 9 0 0.000 Karaoke La Reyna [78] 1 0 0.000 La Casa [300] La Reyna (49] 1 0 0.000 Linn Street Cafe [80] I Los Cocos [99J 86 0 0.000 Los Portales [161] Martini's [200] 16 0 0.000 Masala [46] Mekong Restaurant [89] Micky's [98] 7 0 0.000 [TheJ Mill Restaurant [325] 3 0 0.000 [Loyal Order of] Moose [476] Monica's Italian Bistro & Pizzeria [160] [Sheraton] Morgan's [231] 3 0 0.000 Motley Cow Cafe [82] Okobo'i Grill [222] Old Capitol Brew Works [294] 5 0 0.000 One-Eyed Jake's (299] 2 2 31 35 1.129 One-Twenty-Six [105] _ _ Oyama Sushi Japanese Restaurant [87] Pagliai's Pizza (113] Panchero's (Clinton St) [62] Panchero's Grill (Riverside Dr) [95] Piano Lounge [65] 2 0 11 1 0.091 [The] Picador [261] 10 0 0.000 Pints [180] 39 11 0.282 Pit Smokehouse [40] Pizza Hut [116] Pizza Ranch [226] Quality Inn/Highlander [971] Quinton's Bar & Deli [149] 1 0 11 0 0.000 [The] Red Avocado [47] Rick's Grille & Spirits [120] 2 0 0.000 Riverside Theatre (118] _ Saloon [120] 9 1 0.111 Sam's Pizza [174] 4 0 0.000 [The] Sanctuary Restaurant [132] 3 0 0.000 Shakespeare's [90] 7 0 0.000 Short's Burger & Shine [56] 9 0 0.000 Sports Column [400] 6 8 56 79 1.411 Studio 13 [206] 11 0 0.000 [The] Summit [736] 7 22 75 152 2.027 Sushi Popo [84] 1 0 0.000 Takanami Restaurant [148] 2 3 1.500 TCB [250] 4 0 29 0 0.000 Thai Flavors [60] Thai Spice (91] Tropicana (aka Club Furia) [280] 43 1 0.023 T. Spoons [102] Union Bar [854] 3 0 57 57 1.000 VFW Post #3949 [197] [The] Vine Tavern (170] 6 0 0.000 Vito's [320] 3 2 35 9 0.257 Wig & Pen Pizza Pub [154] 3 0 0.000 [Iowa City] Yacht Club [206] 12 0 0.000 Zio Johno's Spaghetti House [94] Z'Mariks Noodle House 47 Totals: 57 50 1121 630 0.'562 Other PAULA at non-business locations: 6 112 PAULA Totals: 56 742 -- 'includes outdoor seating area current month year-ro-aate ,.~ -+ ~,~ __.~ ~-r:-a )u r ~.'-_,:,,®~~ C (T Y O F IOWA C[ T Y 1P5 #,,., ~~ RANDI~~ ~ ESC) Date: November 25, 2009 To: City Council From: Rick Fosse, Director of Public Works Re: Update: Flood-related activities Engineering and Public Works Administration • Iowa City, Coralville and University staff held a flood recovery coordination meeting. • The contractor is working on the Iowa Avenue Inverted Siphon Sewer Project. The pipes under the river are installed. The contractor is working on the siphon structures. • The Iowa City Hazard Mitigation Plan has been reviewed by FEMA Region 7. The plan has been approved but will need public comment and final approval by Council. This process will begin in January. • The Project Partnering Agreement has been sent to the Army Corps of Engineers for the Section 14 Iowa River Bank Stabilization along Dubuque Street downstream from the Park Road Bridge. The plans and specifications are being developed by the Army Corps of Engineers. DNR is requiring a mussel survey be completed. • The City has 12 of the HMGP Buyout properties demolished to date. The City is currently pursuing bids for the demolition of seven additional properties. The City will have approximately 11 more properties to demolish after the first of the year. • FEMA has verbally approved the redelineation of the floodway on the west side of the Iowa River along Baculis and Thatcher Mobile Home Parks and Commercial Court. The CDBG funding was not approved for the West Side Levee Project. MMS will complete the design and staff will pursue funding. • The property south of Taft Speedway has been cleaned up. • The City technical advisory committee met to discuss the relocation of the North Waste Water Plant. The Special Project Administrator has been hired and is developing the RFQ for consultant services. Water Division • Continued working with Engineering & Howard R. Green (HRG) for design on replacement of two 12" river crossing repairs (Old Plant and Hwy 6) 1. HRG is under contract to provide design, specifications bid documents and inspection for the two projects -approved by Council on 10-6-09. 2. Funding for this project was confirmed, including design costs, through FEMA and Deb Mansfield. November 25, 2009 Page 2 3. A meeting with City staff and U. of I. representatives was held on 11/19/09 to review design layout. a. Additional locate and survey work is planned for this week per the discussion on 11/19/09 • The HRG Hazard Mitigation Study is the source of planning for proposed funding and projects on the peninsula site and the plant site improvements. The PW and Hazard Mitigation Plan for peninsula work; CW 3, CW 4, SW 4, JW 2 and the respective electrical systems has been `obligated' by FEMA. 1. HRG is under contract to provide design, specifications bid documents end inspection for the two projects -approved by Council on 11-17-09. 2. CIP Project Estimate Forms were submitted for the respective PW's for the City's budget process. • The HRG Hazard Mitigation Study is being used for additional funding request for hazard mitigation for plant site well houses. We are currently working with Dave Purdy. 1. We have submitted information to FEMA for the Benefit Cost Analysis (BCA) to ascertain our eligibility. 2. We received communication from FEMA that the BCA looks favorable. We are awaiting their decision to proceed further. 3. CIP Project Estimate Forms were submitted for the respective PW's for the City's budget process. NOVEMBER-DECEMBER 2009 EC I C: G~~~~'~"~" Herwig honored Henry Herwig, ECICOG Chairperson, was honored by his colleagues at the November 17, 2009, board meeting with an engraved gavel. Vice Chairperson, Leo Cook, thanked Herwig for his, "leadership over the last two years and participation on the ECICOG board for fourteen years." Herwig has lead the agency during a particularly crucial period, as ECICOG serves as the Disaster Recovery Area for the region. He noted that the executive committee has met several times each month in an effort to thoughtfully and expeditiously distribute assistance to homeowners and businesses in the region. Ed Raber, ECICOG secretary/treasurer, was acknowledged at the same meeting for his thirteen years of service on the board. Thanks for your attendance! Henry Herwig (r), outgoing ECICOG chairperson, accepts an engraved gavel from Leo Cook, vice chairperson. Herwig was honored by his colleagues at the November 17 board of directors meeting. Henry Herwig (r), presents Ed Raber, Washington County citizen representative and ECICOG secretary/treasurer, with a gift of appreciation for his 13 years of service on the board of directors. Eleven of the twenty-five legislators representing the ECICOG region participated in the Legislative Open House on November 17 at Coralville City Hall. Since we forgot to take pictures, we wanted to be sure and note those attending. They were: Senator Joe Bolkcom Senator Robert Dworsky Senator Wally Horn Senator Tom Rielly Senator Becky Schmitz Representative Betty DeBeof Representative Dave Jacoby Representative Larry Marek Representative Mary Mascher Representative Dawn Pettengill Representative Nick Wagner In addition to representativesfrnmthe Iowa League of Cities and Iowa State Association of Counties, more than sixty public ficials and interested citizens also attended the event. Updated employment handbook available An updated version of The Employment Handbook, a personnel summary guide for Iowa cities and counties, is now available. This is the fourth edition of The Handbook, which addresses issues relating to hiring workplace administration and termination for public employers. The Handbook, is made available by the Iowa Association of Regional Councils (IARC) through ECICOG. IARC contracted with Von Bokern Associates, who has prepared all previous editions, to also prepare this latest edition. To order The Employment Handbook, send a check for $125 made payable to ECICOG. (please note a local contact person when ordering): Gina Peters ECICOG 700 16~' Street NE, Suite 301 Cedar Rapids, Iowa 52402 City clerks, mark your calendars for March training Mark your calendars for Thursday, March 18, 2010, for a special training session for city clerks in the ECICOG region. ECICOG staff is currently working with a committee of clerks to assemble a daylong session including topics like Il'ERS and Workforce Development administration, local professionaUtrades licensing requirements, and IJOBS funding/administration. The event will take place in the Community Center at the South Slope Cooperative Communications Company in North Liberty (www.southslope.com). More information will be provided as it's available, or contact Chad Sands at ECICOG (egt. 12'x. ECICOG was established in 1973 to promote regional WaS~llrigtOri COUrity ~laZaPC~ 1111t1gat10I1 p1aI1 fUI1C~eC~ cooperation and provide professional planning Iowa Homeland Security Emergency Management (IHSEM) recently announced services to local governments in Benton, Iowa, an award of $38,112 for preparation of amulti-jurisdictional hazard mitigation Johnson, Jones, Linn and Washington Counties. plan ECICOG also provides solid waste planning services ECICOG, which prepared the successful funding request, will assist the county to Tama County and transportation planning services and participating communities in preparing the plan. to Cedar County. Members of the ECICOG Board of Directors: Lu Barron Don Magdefrau ~ Connie Champion Adam Mangold Leo Cook Charles Montross Gary Hughes, ECICOG Planner, will retire from his position on November 30~', Bill Daily David Plyman after a career of more than 30 years in local government. At ECICOG, he has been Gary Edwards Ed Raber responsible for administering a variety of federal grants, most significantly CDBG Don Gray Ben Rogers Dennis Hansen Sally Stutsman public works and disaster recovery programs. The ECICOG staff and board of Ann Hearn David Vermedahl directors wish him the best in his well-deserved future life of travel and leisure! Henry Herwig (chair) Larry Wilson Marty Kelzer Linda Yoder Mary Beth Stevenson began her duties as a planner and the Iowa Waste Exchange Linda Langston Resource Specialist in November. Stevenson recently relocated to Iowa from the east coast, and brings a wealth of experience in environmental planning and programming. She will work on apart-time basis until January 4, 2010, when she begins her duties full-time. ECICOG Staff Doug Elliott, Executive Director Gina Peters, Administrative Assistant Mary Rump, Transportation Services • ~ Robyn Jacobson, Transportation Services Gina Johnson, Mobility Manager Hilary Copeland, GIS Services 2009 Chad Sands, AICP, Comm. Development November 26-27 ECICOG offices closed in observance of Thanksgiving Adam Ralston, Comm. Development holiday Gary Hughes, Comm. Development Rob Arnold, Housing Services December 17 RLF Loan Advisory Committee Meeting, ECICOG Jennifer Ryan, Solid Waste Planning offices, 700 16~' Street NE, Cedar Rapids, 2:00 p.m. Kristin Simon, Solid Waste Planning Mary Beth Stevenson, Iowa Waste Exchange ECICOG Personnel Committee Meeting, ECICOG Kristine Chiafos, Disaster Recovery offices 700 16~' Street NE 2:30 p.m. Tracy DeKoter, DisasterRecovery , , Diana Stromer, Program Assistant Melanie Riley, Disaster Recovery December 10 Solid Waste Technical Advisory Committee, location TBA, 1:00 p.m. East Central Iowa Council of Governments December 25 ECICOG offices closed in observance of Christmas 700 16th Street NE, Suite 301 holiday Cedar Rapids, Iowa 52402 (319) 365-9941 December 29 ECICOG Executive Committee Meeting Fax: (319) 365-9981 (teleconference), ECICOG offices, 700 16~' Street NE, e-mail: ecicog@ecicog.org Cedar Rapids, 1:00 p.m. 2010 January 1 ECICOG offices closed in observance of New Years Day holiday January 14 Solid Waste Technical Advisory Committee, location ~~ TBA, 1:00 p.m. EAST CENTRAL ICyWA January 21 RLF Loan Advisory Committee Meeting, ECICOG CC~uNCIL CAF C~]VERNMENTS offices, 700 16~' Street NE, Cedar Rapids, 2:00 p.m. YC}UI2 REGIC)NAL PLANNING AGENCY January 2g ECICOG BOard Of D1T'eCtO1S Meeh~gAnnual ;_,•~„~,;~,:,;, is a bimonthly electronic publication of the East Central Meeting), ECICOG OfflceS, 700 16 Street NE, Iowa Council of Governments. Cedar Rapids, 1:00 p.m. IP7 MINUTES OF THE JOINT INFORMAL MEETING OF JOHNSON COUNTY BOARD OF SUPERVISORS AND CRIMINAL JUSTICE COORDINATING COMMITTEE: NOVEMBER 4, 2009 TABLE OF CONTENTS Page Report on Activities of Justice Center Coordinating Committee Coordinator ............................... 1 Report from Alternatives and Treatments Subcommittee ............................................................... 2 Report from Public Information/Outreach Subcommittee .............................................................. 2 Report from Facilities Subcommittee .............................................................................................. 4 Additional Comments from Criminal Justice Coordinating Committee Members ......................... 8 Set Next Meeting Date .................................................................................................................... 8 Criminal Justice Coordinating Committee Chairperson Harney called the joint meeting of the Johnson County Board of Supervisors and the Criminal Justice Coordinating Committee to order in the Johnson County Health and Human Services Building at 4:30 p.m. Members present were: Supervisors Pat Harney, Terrence Neuzil, Janelle Rettig, Sally Stutsman, and Rod Sullivan; County Attorney Janet Lyness; County Sheriff Lonny Pulkrabek; Iowa City Representative Connie Champion; Department of Corrections Supervisor Jerri Allen; MECCA Director Steve Estes; Judge Douglas Russell; Bar Association Representative Jim McCarraghar; and Citizen Representatives: Professor Emeritus John Stratton and Iowa City Public Library Adult Service Coordinator Kara Logsden; absent: Public Defender John Robertson, and Consultation of Religious Communities Representative Dorothy Whiston. Also present: Criminal Justice Coordinating Committee Coordinator Bob Elliott. REPORT ON ACTIVITIES OF JUSTICE CENTER COORDINATING COMMITTEE COORDINATOR Criminal Justice Coordinating Committee Coordinator Bob Elliott said he thinks the subcommittees are now moving forward and becoming more active. The Public Information/Outreach Subcommittee met earlier this week, and the Facilities Subcommittee will be meeting next week. Elliott said he is not sure whether he is still needed in the position of Coordinator since the Criminal Justice Coordinating Committee (CJCC) has been reconstituted with a member of the Board of Supervisors on each subcommittee. He just thought he would raise the issue because there hasn't been much work for him to do. Elliott said he is willing to continue in the position if he can be of help, however the Board can let him know if it is now an extraneous position. In the latter case, he would like to continue to be a member of the CJCC. Harney said he is unsure of the proper time for the Board to discuss that issue. Stutsman said it may need to be put on a Key Issues Meeting agenda. Neuzil said the Board will again take a look at the job description. Harney said Elliott has done a good job of keeping up with the minutes of the meetings and similar tasks. Informal Minutes: November 4, 2009/ page 2 REPORT FROM ALTERNATIVES AND TREATMENTS SUBCOMMITTEE MECCA Director Steve Estes read the following information from the October 2009 report: MECCA staff attended 31 initial courtroom hearings, 48 assessments were requested and 47 were completed, 22 assessments were completed on the weekend, and one Spanish evaluation was completed with an interpreter. The one individual not seen was due to illness. Three of the evaluations came at the request of the Public Defender and were counted under the Jail contract. The one evaluation that was completed by the Spanish interpreter resulted in expediting that person's release from Jail. There are ten MECCA Counselors that are trained to provide assessments at the Jail in order to ensure daily coverage. Sullivan said there is a new Supervisor, and she may not be aware of the roles of all of the CJCC members. Harney asked each person in attendance to state their name and the organization with which they are affiliated, and they did so. County Attorney Janet Lyness said CJCC members should be aware that Drug Court and other Department of Correctional Services (DCS) programs could be affected by State budget cuts. They are hoping to keep the Drug Court going. Neuzil asked what percentage of the Drug Court funding comes from the State. Lyness responded that it was all new money that came from the State, but it was funneled through DCS. Harney said he hopes funding for that program is not cut. REPORT FROM PUBLIC INFORMATION/OUTREACH SUB-COMMITTEE Neuzil said the subcommittee primarily focused on creating a letter of response to the General Services Administration (GSA) regarding the acquisition of the GSA property. The letter would not only follow up on a number of questions that a representative of the GSA had previously asked, but would also formally state that the County is interested in the property. Neuzil said Lyness has been working on a letter and thinks discussion of the letter will probably be the focus of today's meeting. Lyness said she accidentally went to the wrong subcommittee meeting on November 2, 2009. She thought it was the Facilities Subcommittee meeting, but it was actually the Public Information/Outreach Subcommittee meeting. She brought up the issue of the letter, however, and they discussed it at the meeting. She said she has 15 copies of the letter Harney received from a GSA Representative and copies of a possible letter of response. Lyness said she wrote a letter for the Board to consider at their Informal meeting a couple of weeks ago, however she had not seen the letter received by Harney and subsequently realized that her letter was too generic. The letter currently being handed out includes a more detailed answer to the questions previously raised by the GSA. Although it is not extremely specific, it will hopefully facilitate continuation of the previous conversation between the County and the GSA regarding acquisition of the property. Informal Minutes: November 4, 2009/ page 3 Lyness said it seemed like the GSA was primarily concerned with three topics in their letter to Harney. One was acquisition and whether the County would be purchasing the property outright, leasing it, or exchanging other property for it. She said she responded that the County would like to purchase the property outright, however, they are willing to consider along-term lease if the terms were long enough to justify building a multi- million dollar building on the property. She also wrote that the County is still pursuing the acquisition of property to exchange for the lot. The message is basically that the County wants the property and is willing to work with them to acquire it. Lyness said the second issue was regarding the issue of parking and how the County would accommodate the GSA's parking needs during construction and after. Lyness said the response involved the County somehow obtaining at least 150 parking spaces within two blocks of the current Federal Lot for use by GSA employees and tenants of the Federal Building. She said the County would probably approach the City of Iowa City about acquiring some spaces in one or more of the nearby parking ramps for use during the construction phase. Following construction, they could use part of the current GSA lot to accommodate the parking needs of GSA employees. Lyness said there was another question regarding maintenance of any parking facility. She indicated in the letter that it is a negotiable point. If the GSA wouldn't have to pay any maintenance and they would be provided parking, she would expect them to take those factors into account in determining the price of the property. She said she didn't state it in the letter in those words. Lyness said the third question involved the timing and funding of the project. She .indicated in the letter that the County doesn't anticipate having a sufficient plan in place for 12-18 months. Depending on the decision regarding how to fund the project, a related ballot measure would probably be put before Johnson County voters within two years. The letter provides some timeframes and an idea of what the County is considering. It does not involve a lot of specifics but will hopefully encourage continuation of discussions between the County and the GSA. Harney said he thinks the letter is a good starting point and that Lyness did a very good job on it. He took the liberty to speak to City Assessor Dennis Baldridge regarding the value of the GSA property in comparison to other properties within the downtown area. He did so to get an idea of the amount they would need to be offered for purchase of the property. However, it would be a different story if the lot was shared. Harney said Baldridge used the property located at 551 S. Linn Street for one comparison. It is the lot where St. Pat's Church was previously located, and it was sold for $750,000 to a firm out of Minneapolis. The second comparison property is located at 435 S. Linn and includes the St. Pat's parking lot and their community center located on the property. It sold for $3,050,000. Harney said to determine the actual cost of the space of that property, $500,000 should be deducted from that amount for the cost of the building. The third comparison was the Happy Joe's property at 225 S. Gilbert, which sold for $350,000. The total of the three properties less the $500,000 is $3,650,000. The average cost per Informal Minutes: November 4, 2009/ page 4 square foot is $49.40. Harney said the GSA lot includes 76,800 square feet of space. Therefore, the estimated value of that property is $3,793,920. Harney said Baldridge estimates that amount to be the approximate value of the property, however, it may be higher when the diminished availability of similar, downtown parcels is taken into account. Harney said Baldridge told him that is an estimate, and it could be worth anywhere between that amount and $4.5 million. Harney said he was told the City of Iowa City got a bargain on the property they purchased. Harney asked if anyone has had a chance to read the letter that Lyness put together. Judge Douglas Russell said the first paragraph mentions that the Justice Center would provide a new jail and new courtroom space. He suggested that it be reworded to `new courthouse'. That is really what they are talking about, and the additional courtroom space would actually be whatever is left in the old Courthouse. Russell said he would really like to highlight that this would be the new, central courthouse facility and that the old courthouse is more likely to include office space and support services for the courts. Harney said he doesn't think the letter needs to be formally approved by the Board. He thinks it can be approved at this meeting and signed by the Board Chairperson. Neuzil agreed and said he is fine with that. Harney said they were originally going to send the letter through the subcommittees, but he thinks it should come from the Board since they will be the representatives in the property issue anyway. Sullivan said the letter should be put on Board letterhead. Stutsman asked if Harney wants a motion to approve it. Harney said yes. Stutsman made a motion to authorize the Board Chairperson to send the letter to the GSA. Professor Emeritus John Stratton seconded the motion. Neuzil commented that his name is spelled incorrectly in the letter and asked that it be corrected. The motion was unanimously approved. Lyness said she would make the changes. REPORT FROM FACILITIES SUBCOMMITTEE Harney said the Facilities Subcommittee has not met due to being unable to find a date prior to this meeting that would work for all members. The subcommittee is scheduled to meet on November 9, 2009 at 4:30 p.m. Harney said he and Facilities Manager David Kempf talked to Novak Design Group Founder James Novak about obtaining accurate numbers regarding space needs. Harney said that Novak told Kempf and himself that Novak would be willing to determine space needs for each department in about a month from now and at a negotiable price, if desired. Harney said Novak told them the estimates would be very accurate, could include some space for potential expansion and, the amount of space they need to operate the justice center regardless of where it is located. Harney thinks that is what CJCC members have been looking for, and Novak is scheduled to give a presentation to the Facilities Subcommittee at their meeting on November 9, 2009. Harney said Novak told him he is also willing to give the presentation at the December CJCC meeting if they would like him to do so. Harney thinks the information is needed and will provide a good base to start from. Informal Minutes: November 4, 2009/ page 5 Iowa City Representative Connie Champion asked if that information was sought for the drawings that were previously done. Harney said no, the drawings, which really just represented a concept, were based on the numbers identified in the previous study. No one was comfortable with those numbers. Harney said Novak can obtain accurate numbers that can be used no matter where the justice center will be located. Rettig commented that the Durrant Group study was just done at a cost of $50,000. She said the study was presented on September 2, 2008 and she asked if those questions were asked before the Durrant study was paid for. Harney said they paid to have that study done, and then people in the County Attorney's Office and others said the numbers were not accurate. They've had long conversations about the legality of potential actions due to not having received the desired product. Harney said that Novak described the Durrant study as a good feasibility study but not an accurate space needs study, which is what is needed. Harney said Novak told him the space needs study is fairly simple to put together, and he could have it ready in about a month. He said Novak plans to present a space needs study he has done in the past to the subcommittee. Harney said Novak is willing to do the study for less money than he previously requested because he would like to see the project move along. Neuzil said it would be helpful for Novak to identify potential phasing of the project. Rather than a $65 million to $80 million project, it would be nice to know if they can start with a $25 million to $30 million project and phase in some other things after the initial costs are paid off. He would also like an accurate cost estimate. If an updated study is done, he would like it to address those things. Harney said he thinks they are talking about two different things. He said Novak would only be looking at the space needed. Neuzil asked if it would address the amount of space currently needed or the amount of space needed five or ten years from now. Harney said Novak says he can easily plug those numbers in. Neuzil said he thinks there needs to be direction fairly early on to determine the size of the building needed. They need to look at how long into the future the space will be able to accommodate their needs. He thinks they may be asking residents to support a facility that will only meet their needs for the next five or ten years. Stutsman said she thinks they will go through the same process that they did for the Health and Human Services (HHS) Building. They will determine today's needs, make projections for the future, and pull the numbers together. Harney said that is what Novak stated as well. Novak told Harney he will determine their current space needs, their projected space needs, and costs for making accommodations for future additions. Harney is not going to criticize or question Novak's methods until he has seen the presentation and knows what is actually being offered. He restated that Novak will be making that presentation to the Facilities Subcommittee on November 9, 2009. If the Subcommittee members feel it is worthy, they can bring it back to the CJCC. Sullivan said one potential difference between this project and the HHS Building is that the HHS Building includes room for future expansion. The Board members are Informal Minutes: November 4, 2009/ page 6 proud of that because lack of space for expansion has been a problem with public buildings in the community. The County may not be able to afford to do that for the justice center since additional space is somewhat of a luxury. Sullivan said they should not choose an option that will leave them landlocked and prevent future expansion. Sullivan thinks there should be potential for relatively easy future expansion if they choose an incremental option. Otherwise, they will be making a mistake. Champion agreed and said five to 10 years is a very short time. She thinks they should consider at least 25 years. Neuzil said his point is that they may not be able to consider 25 years at this time if the associated price tag is $65 million. Champion said they should consider how they would be able to expand to allow enough space for the next 25 years. Stutsman agreed. Harney said he thinks what Neuzil is saying is true. After Novak lets them know how much space they will need, they could choose to do the courthouse section first. They could subsequently move the Sheriff s Department and Jail three to four years later. Elliott said he understood Sullivan to be saying that they need to ensure that there is a sufficient foundation for future expansion, whether it is outward or upward. Harney said foundation and space. Sullivan and Stutsman agreed. Elliott said there have been problems with a couple of civic buildings for which there was not enough money to initially ensure a solid foundation, and now they can't expand. Sullivan said the Jail is one of those buildings. Stutsman said the Linn County Detention Center is another case in point. It was initially built with a plan for future expansion, however, as things have evolved, they don't need that expansion. Stutsman thinks they should build for today with the possibility of future expansion. Elliott asked if the Board has the final say in determining square footage. Harney said the Board has the final say, but he thinks it would be negligent not to consider a professional's recommendations regarding the amount of square footage needed for individual departments. Elliott asked if the Board has the authority to say they don't think a particular department needs as much space. Harney said yes. Sullivan said he knows there was previously talk of Polk County potentially being sued due to lack of space there. The County rented additional space in response to the talk, and there was no lawsuit. Sullivan said there is an obligation in the Code regarding space, but he thinks there is a question of who determines adequate space. Neuzil said the Board will have the final say regarding language on the ballot and hopefully, they will all agree on the proposed plan. He said ultimately, the voters will make the decision. Stutsman asked if they will be approving the subcommittee to review the issue during this meeting. Harney said no, he is just informing them that Novak is going to give a presentation to the subcommittee. If the subcommittee members like the ideas presented, they will bring it to the next CJCC meeting, and if they don't like it, they will say they should do something else. Stratton said he would like to emphasize that it is necessary to obtain an assessment of what is needed. He is fearful that they will get in a position of working backwards. He doesn't want the requests for the building based on the amount of money they think they can obtain. Stratton said he thinks they should start out with a determination of what they need and then see how much of it they can afford. Informal Minutes: November 4, 2009/ page 7 Stratton said he worked on the last Jail, and he thinks it went through three votes and was cut down to the point of being almost outdated at the time it was opened. He would hate to see that happen again. Harney again stated that Novak described the first study as a good feasibility study but not a needs study. Rettig said consultants and studies are only as good as the questions and parameters given to them. She doesn't want to say the Durrant Study resulted in wasted money, but it certainly didn't provide the information needed to move forward. She would be hesitant to do additional studies if they are not sure they are asking the right questions. Rettig said Neuzil's point about phasing is well taken. If there needs to be one more study regarding space needs and phasing, then there should be one more study. However, they should not rush into a study without first determining all of the questions they want answered. Harney said he thinks they are confusing an evaluation of the County's space needs with a study. The information regarding space needs can be used for future projections. It is not a study per se, which was done previously and felt to be a failure. Harney said future expansion plans could be addressed when an architect is hired to create a design. The design would be based on the County's desires regarding areas for expansion and show how it could be done. The work by Novak would simply provide information regarding the amount of space needed. They could subsequently make decisions regarding the type of facility and its location. Neuzil said there were two components of the Durrant Study. It involved both space and location analyses. Although the study may not have addressed all the County's space needs, it did key in on the value of the location. Neuzil thinks they have been discussing the issue of location for the past year. There is a lot of value in the Durrant Study, and they should open it up. He said he thinks the committee will find that it is fairly useful and can be built upon. Neuzil said it would obviously require updating and some corrections would need to be made, but there is value in the study. Iowa City Public Library Adult Service Coordinator Kara Logsden said part of the Durrant Study involved meeting with each County department head. Neuzil agreed. Harney said it seemed like there was some inaccurate information, however. Neuzil said he is certainly comfortable with the Facilities Subcommittee members meeting with the consultant. They should start moving forward. Sullivan said he is not a subcommittee member but he has attended the last two meetings. He wants to let people know that he recently tried to determine a rough estimate of square footage and cost. He doesn't have any experience in this area, but he wanted to do something. A number of people provided him with input and corrected his numbers, and University of Iowa Facilities Representative Larry Wilson was very helpful. Sullivan doesn't intend for the result to be accurate, but he thinks it can serve as a starting point for discussion. Informal Minutes: November 4, 2009/ page 8 ADDITIONAL COMMENTS FROM CRIMINAL JUSTICE COORDINATING COMMITTEE MEMBERS Neuzil said Kempf plans to coordinate a meeting with Rettig to update her on facilities related issues. Elliott said Executive Assistant Andy Johnson gave him a report from their meeting last month, which they neglected to send out. They will try to distribute the report for this meeting significantly faster. McCarraghar said they also talked about an outline of items that has been reviewed by subcommittee members regarding things that should be considered in evaluating having separate facilities versus a joint facility. They are also considering the addition of new members and discussed which segments of the community they would like to have represented on the subcommittee to help bring the project to the attention of the community. McCarraghar said actions that were important the last time the Jail issue was brought to the community for consideration were highlighted. The Subcommittee members would like to ensure that previous concerns are addressed the next time around. Harney said things are not getting any better in terms of budgets. There will be huge cuts in the Sixth Judicial District, and that will affect the County in terms of the Hope House and similar programs. It looks like they have backed off on some of those layoffs, but County Sheriff Lonny Pulkrabek may be able to give Committee members an idea of what is going on within the Sheriff s Department. Harney thinks the Department recently had an all-time record of transports. Pulkrabek said they recently hit a new record high with 199 inmates. Otherwise, their transportation costs are continuing to climb along with the numbers. Their normal average is 140 to 150 inmates, but they have recently seen a spike. Professor Emeritus John Neff is working to update data tables the Sheriff's Office has used in the past. SET NEXT MEETING DATE Harney said the next meeting has been rescheduled to December 9, 2009. Neuzil said he doesn't think December 9 works for Pulkrabek. Pulkrabek asked if the December 2, 2009 meeting was rescheduled because of the conflict with the Johnson County Council of Governments meeting that same day. Neuzil said yes, and asked Pulkrabek if he is comfortable with a CJCC meeting being held without him present. Pulkrabek said yes. The committee agreed to schedule the next meeting on December 9, 2009 at 4:30 p.m. Adjourned at 5:09 p.m. Attest: Tom Slockett, Auditor Informal Minutes: November 4, 2009/ page 9 By: On the day of , 2009 By Nancy Tomkovicz, Recording Secretary Sent to the Board of Supervisors on November 4, 2009 at 4:00 p.m. Original correspondence to Council received 11/17 Consent Calendar page 1 oft Marian Karr From: Rick Fosse Sent: Tuesday, December 01, 2009 8:24 AM To: Jones@cs.uiowa.edu Cc: Council; Dale Helling; Mike Moran; Julie Tallman; Ron Knoche Subject: Parkview Terrace Recovery Doug Thanks for your a-mail about the Parkview Terrace and Taft Speedway Neighborhoods. I am pleased to hear your feedback about the views that the buyouts are creating. As you have noted, the buyouts have created a number of opportunities for an improved trail system and floodplain management. We are still formulating plans for both areas, but our current thinking aligns with most of your suggestions. Re-routing the Iowa River Corridor Trail from Manor Drive to Normandy Drive is high on our list. We may also create a secondary access to Lower City Park along a similar route that extends east from the sharp bend in Normandy Drive. The existing curb drops for the driveways do not meet ADA requirements, so we will remove them all and install a new one for the trail when we know exactly where we want it. As you have pointed out, there may also be opportunities to remove soil in some areas to create more room for the river when it overtops its banks. However, we want to be careful not to remove material that serves as protection for the remaining neighborhood from moderate (not large) floods. I don't know if we will model the specific impact of removing the homes and possible excess soil. Although that would be interesting information to know, it may not justify the cost of modeling. We will prepare a composite model of all flood mitigation projects to estimate their combined impact on the river level during future floods. This will likely be used as a basis to update our flood insurance maps. With regard to the land that the City purchased from Parkview Church along Taft Speedway, we are also formulating plans for this area as well. This location may be used as a mitigation site for the Dubuque Street Elevation Project if necessary. If that is the case, that will be our most cost effective opportunity to remove the material that you noted. If it is not needed as mitigation area, we will examine other ways to restore the area. I do want to point out that earlier this fall we organized a large volunteer effort to clean trash and debris from the site. 150 volunteers removed 14 tons of flood debris and approximately 2 tons of woody debris. Flood debris included items such as 8 blue barrels, boxes of canceled checks, punch glasses, a 40 ft house trailer, 6 tires, a complete set of cedar lawn furniture, 5 life preservers, 50 posts from a drive in movie theatre, various paints, oils and home care chemicals and numerous other items. Thanks again for your thoughts on our recovery process. Please give me a call at 356-5141 if you would like to discuss any of these items in more detail. Rick Fosse Pubic Works Director -----Original Message----- From: Douglas W. Jones [mailto:-iones@cs.uiowa.edu] Sent: Tuesday, November 10, 2009 10:34 PM To: Council Subject: Mosquito Flats Recovery First, I want to note that the buyout process along Normandy Drive has done wonders. What used to be an undistinguished suburban vista is now a riverfront walk. You used. to hardly know the river was there. Now that there have been numerous demolitions, you know you are on the riverfront. As a former member of the Iowa City Riverfront Commission, I hope the official route of the River Corridor Trail will be rerouted along Normandy instead of its current rather dull 12/1/2009 Page 2 of 2 route along Manor Drive. Speaking of that, I note that there are now demolition notices on 845, 849 and 853 Normandy. In my opinion, these are the 3 most important demolitions in the neighborhood, and I am glad to see that they are finally scheduled to go ahead. I note that the city is pulling all the curb cuts as they demolish houses. I suggest that one of the curb cuts (probably 853 Normandy, but possibly 849) should be saved and used for a bike trail connection to the River Corridor Trail in City Park. This is clearly the way the trail ought to be routed. Second, I want to address something more serious: Fill. In the aftermath of the flood of 1993, homeowners along the Normandy Drive riverfront trucked in huge quantities of fill. I live on the corner of Normandy and Park, and I remember the truck traffic. People all along the river raised their backyards -- the riverbank, in order to make a foundation for the kind of snadbag levee that failed in the 2008 flood. Wherever possible, where the city demolishes houses along the river, I want this fill removed. It may have been placed in conformity with the floodplain regulations, but I suspect those regulations were bent, and I believe that our neighborhood will profit by every small increase in floodway capacity that we can get. Pulling this fill should be worthwhile. Also, I want to point to another piece of fill that must be removed. When the Cliffs Apartment Building was built, Glasgow construction excavated a huge volume of fill that they put between Taft Speedway and the Iowa River. This fill was placed illegally, and Glasgow's response to the Riverfront Commission when we complained was "I'm not filling the floodplain, I'm just storing fill there." That fill has been there for over two decdades, and now the city owns it. Glasgow should have been forced to remove it, but now, it's ours and I believe we must remove it. Perhaps it and the fill from the Normandy riverbank can be used in the elevation of North Dubuque? Finally, I want to repeat a request I made right after the flood. I note that there was almost a 2-foot drop in river level between the corner of Park and Rocky Shore on the upstream side of Mosquito Flats and the end of the neighborhood by 849 Normandy. What I'd like is an estimate -- based on those hydraulic models that have been developed since the flood, of the impact of the demolitions along Normandy, and more specifically, the impact of bringing the riverbank down to its natural level -- as illustrated by the level of the riverside land in City Park and upstream in the un-filled backyards of 820 and 930 Park Road. I speculate that this riverbank restoration could reduce upstream flood levels enough that even Coralville might be willing to buy in on such a restoration project. -- Douglas W. Jones -- 816 W. Park Rd. -- Iowa City, IA, 52246 -- jones@cs.uiowa.edu 12/1/2009 IP8 IOWA CITY TELECOMMUNICATIONS COMMISSION DRAFT MONDAY, OCTOBER 26, 2009--5:30 P.M. CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE PARKING FACILITY MEMBERS PRESENT: Laura Bergus, Hans Hoerschelman, Robert Kemp, Saul Mekies MEMBERS ABSENT: Gary Hagen STAFF PRESENT: Mike Brau, Bob Hardy OTHERS PRESENT: Josh Goding, Beth Fisher, Michael McBride, Lee Grassley, Susan Rogusky, Tim Teck RECOMMENDATIONS TO CITY COUNCIL None at this time. SUMMARY OF DISCUSSION Grassley said Mediacom is in negotiations with Sinclair Broadcasting for retransmission consent of the CBS and FOX broadcast channels. The current agreement expires at the end of December. Sinclair is requesting a very large increase in transmission consent fees. Sinclair recent acquired full ownership of the FOX channel and Mediacom believes they have violated federal law forbidding ownership of 50°Io of the television broadcasters in a given market. A letter signed by U.S. Senators Grassley, Rockefeller, and Kerry has been sent to the FCC requesting they investigate the issue. Mediacom will be requesting an injunction forcing Sinclair to allow Mediacom to carry the channels until the legal issue can be resolved. Mediacom plans to offer a 105 megabit service in Iowa City. Goding reported that PATV's annual membership meeting would be held Nov. 19 from 7-9 at PATV's facility. The program will be carried live and feature an awards ceremony. Members will also be able to vote on what new equipment PATV will purchase. PATV will be surveying membership on PATV operating hours. With regard to the school channel Hoerschelman asked if there was a point at which the Commission would wish to take action regarding the school channel, and if so, what the criteria to assess the school channel's performance might be. Hardy said the school channel continues to provide programming. The question is the school's commitment to the channel and the amount and quality of the programming. There are no franchise agreement provisions governing the amount of programming on any access channel or for eliminating a channel. Bergus said a minimum performance threshold for her would be covering the school board meetings. Hardy said legislation has been introduced in the U.S. House of Representatives that would protect access channels. The Alliance for Community Media is requesting help in getting local organizations and individuals to request their Representatives co-sponsor the bill. Hardy referred to the prepared resolution in the meeting packet and said that it and possibly a letter from the Mayor could be forwarded to the Iowa delegation. The City Council might also pass a resolution. APPROVAL OF MINUTES Bergus moved and Kemp seconded a motion to approve the amended September 28, 2009 minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS None. SHORT PUBLIC ANNOUNCEMENTS None. CONSUMER ISSUES Hardy referred to the complaint report in the meeting packet. There were three technical complaints and two service/billing complaints. Those complaints that could be resolved have. Mekies asked about the complaint about an automatic withdrawal. Hardy said the problem was with the length of time between when service was terminated and when the automatic withdrawal took place. Hardy said the subscriber received a prompt refund after contact with local Mediacom staff. MEDIACOM REPORT Grassley reported that Mediacom is nearly ready to launch the DOCSIS 3.0 Internet service in Waterloo, which offers up to 50 megabits of bandwidth. Mediacom is in negotiations with Sinclair Broadcasting for retransmission consent for the CBS and FOX broadcast channels. The current agreement expires at the end of December. Sinclair is requesting a very large increase in transmission consent fees. Sinclair recently acquired full ownership of the FOX channel and Mediacom believes they have violated federal law forbidding ownership of 50% of the television broadcasters in a given market. A letter signed by U.S. Senators Grassley, Rockefeller, and Kerry has been sent to the FCC requesting they investigate the issue. Mediacom will be requesting an injunction forcing Sinclair to allow Mediacom to carry the channels until the legal issue can be resolved. Mediacom has had discussions with Comcast, Time Warner and Suddenlink about working together regarding Sinclair. Suddenlink has already signed a retransmission consent agreement with Sinclair that boosted fees by 85%. Hoerschelman asked if the Sinclair channels are lost if other broadcast channels could be brought in to replace them. Grassley said that would not be possible legally. Grassley said there will be channel lineup changes late in the first quarter of 2010. Hoerschelman asked about different speed tiers for the Internet service after the upgrade to DOCSIS 3.0. Grassley said there will continue to be a 3 megabit service and a 20 megabit service and the10 megabit will increase to 12. Mediacom plans to offer a 105 megabit service in Iowa City. Grassley said Mediacom is not in favor of the net neutrality proposals being considered by the FCC but they are officially neutral on the proposal. Goding asked about some PSAs PATV submitted but did not get on the air. Grassley said Mediacom did not get the PSAs in time for PATV's chili supper fundraiser and the other PSAs will be on soon. Grassley said the lead-time for the PSAs is 10 days. Hoerschelman asked about Mediacom's position on open broadband access. Grassley said Mediacom would never consent to allowing other companies to use their network for free but would be willing to talk about leasing bandwidth on their network. Hoerschelman asked if Mediacom has any plans to offer wireless phone service. Grassley said Mediacom might have an announcement regarding this later this year. Hoerschelman asked if Mediacom had any WiMax or 4G Internet service plans. Grassley said those technologies still have some refinement to be worked out before Mediacom would provide those services. UNIVERSITY OF IOWA REPORT McBride reported that the University channel recently recorded the Homecoming Parade and the open forum on locating Hancher Auditorium. There were fewer productions during the past quarter than compared to previous years but the productions were generally more involved from a technical point. Mekies said he has noticed an improvement in technical quality and the content of programs. KIRKWOOD COMMUNITY COLLEGE No representative was present but a written report was included in the meeting packet. PATV REPORT Goding introduced Timothy Tech, PATV's new assistant community programmer. PATV's chili cook-off fundraiser was successful. PATV's annual membership meeting will be held Nov. 19 from 7-9 at PATV's facility. The program will be carried live and feature an awards ceremony. Members will also be able to vote on what new equipment PATV will purchase. PATV will be surveying membership on PATV operating hours. The next guidelines workshop will be Nov. 1 at 2:30. SENIOR CENTER REPORT Rogusky reported SCTV has three new student volunteers including someone who works on the staff of Daily Iowan TV. It is hoped that a workshop provided by PATV on imovie may generate more producers. LIBRARY REPORT Fisher reported that 25 live events are scheduled for October. Among the adult programs are Eco Iowa City, International Mondays, and International Authors. Ellen Buchanan continues to tape interviews with individuals on local history. New microphones have been purchased. IOWA CITY COMMUNITY SCHOOL DISTRICT Hardy said Hoyland informed him he had a conflict with a meeting he was recording and would be unable to attend the Commission meeting. Hardy said the schools did not respond when they were informed that the school channel would be one of the access channels moved to the digital tier if the Mediacom proposal was to be acted upon. Hoerschelman asked if there was a point at which the Commission would wish to take action regarding the school channel, and if so, what the criteria to assess the school channel's performance might be. Hardy said the school channel continues to provide programming. The question is the school's commitment to the channel and the amount and quality of the programming. There are no franchise agreement provisions governing the amount of programming on any access channel or for eliminating a channel. Bergus said a minimum performance threshold for her would be covering the school board meetings. Hardy said that if the schools wished to abandon the channel arrangements, could be made to air the school board on the channel 5. Mekies said data on programming should be tracked in the event that the Commission wishes to take action in the future. Hardy suggested the Commission form a committee to look at alternatives for the school channel. Mekies suggested that some other entity might be given responsibility for school channel. Hardy will talk with Dale Helling about the City's position. Hardy said the Commission might wish to consider guidelines for channel utilization for all the access channels and consider alternatives if a channel is determined not to be meeting community needs. Hardy said he would contact the schools to get the past several months programming data. CITY CHANNEL REPORT Hardy reported that the Community Television Service recently recorded the Pat Meyer Vision Award Ceremony for the Domestic Violence Intervention Project and a program for the Johnson County Historical Society entitled "The Museum Curator and the Meskwaki". Upcoming programs include the Iowa City Area Development Committee and a forum on healthy school lunches. The city channel taped a segment to be included in a Writer's Workshop play that will traveling around the state ACCESS CHANNELS AND THE DIGITAL TRANSITION Hardy said that he requested an opinion from the legal department on obligations for Internet copyright. He received their opinion last Friday. A license from BMI/ASCAP for public performance for the entire City could be acquired for about $1,300 annually. A webcasting license would be $608 but it is unclear if that would cover the entire City. Hardy will discuss with Mediacom what they might contribute towards those costs. Bergus asked if the City has a timeline for action. Hardy said he is trying to get this project accomplished by the end of the year and has stressed to Mediacom that changing the franchise agreement could be a lengthy process. A separate side agreement may be made rather than a franchise modification. TRIENNIAL REVIEW Hardy said he hopes to have it ready for the next meeting. FEDERAL LEGISLATION Hardy said legislation has been introduced in the U.S. House of Representatives that would protect access channels. The Alliance for Community Media is requesting help in getting local organizations and individuals to request their Representatives co-sponsor the bill. Hardy referred to the prepared resolution in the meeting packet and said that it and possibly a letter from the Mayor could be forwarded to the Iowa delegation. The City Council might also pass a resolution. As the legislation progresses additional efforts could be undertaken. The Commission agreed to take up the issue at the next meeting when Hagen is present. CABLE DIVISION BUDGET Hardy said the proposed budget is very similar to past years. There has been a decline in the local programming fees collected. There is an open position but it has not yet been decided if the position will be filled or the division will be reorganized. COMMENT TO THE FCC ON OPEN BROADBAND ACCESS Hoerschelman said the adoption of an open broadband access policy could lead to significant improvements for consumers with regard to price competition, access, and net neutrality. It is likely that in the future all communications services will come from a single conduit. An open access broadband access policy overcomes the problem of building out the last mile of competitive system. Hoerschelman said that absent an open broadband policy that net neutrality would not likely survive in the long term. The FCC has opened a Request for Information (ROI) regarding a study they commissioned to look at broadband issues. Brau noted the ROI was asking for input on the study's methodology at this point rather than the concept of open broadband access. The FCC has been collecting comments on 6 principles outlined by the FCC regarding net neutrality and some action is expected in the coming months. Legislation has been proposed on both sides of the net neutrality issue in the U.S. Congress. Mekies suggested the City website add something on net neutrality and maybe produce local access program with local experts on the issue ADJOURNMENT Bergus moved and Kemp seconded a motion to adjourn. The motion passed unanimously. Adjournment was at 6:45 p.m. Respectfully submitted, Michael Brau Cable TV Administrative Aide TELECOMMUNICATIONS COMMISSION 12 MONTH ATTENDANCE RECORD July 2008 to CURRENT Meetin Date Hoerschelman Saul Meikes Bob Kem Gordon Ga Ha en 7/28/08 X X X X X 8/25/08 X X X o/c X 9/23/08 x x x x X 10.27/08 X X X o/c X 11/24/08 Did not meet 12/15/08 X X X X X 1 /26/09 X X X X o/c 2/243/09 X~ x o/c o/c X Laura Ber us 4/27/09 X X X X X 6/1/09 x x x vacant X 6/22/09 X X X X Mekies 7/27/09 X X X o/c x 8/24/09 X X X X X 9/28/09 X X X X X 10/24/09 x x xx o/c (X)=Present (O) =Absent (O/C) = Absent/Called (Excused) IP9 MINUTES HUMAN RIGHTS COMMISSION PRELIMINARY November 17, 2009 - 6:00 PM LOBBY CONFERENCE ROOM, CITY HALL Members Present: Dianne Day, Corey Stoglin, Newman Abuissa, Yolanda Spears, Wangui Gathua. Members Absent: Eric Kusiak, Dell Briggs, Martha Lubaroff. Staff Present: Stefanie Bowers. Others Present: Karla Stolzfus-Detweiler. RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): None. CALL TO ORDER Chair Abuissa called the meeting to order at 6:03 p.m. PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA: None. CONSIDERATION OF THE MINUTES OF THE October 20, 2009 MEETING: Spears moved to approve. Stoglin seconded. The motion passed 5-0. PROGRAMMING Stolzfus-Detweiler spoke to the Commission about the Sanctuary City Committee (hereinafter "Committee"). She reported they are planning on holding several educational forums in the community about Sanctuary Cities and would like Commission support on sponsoring the programs. A previously formed sub-committee of the Commission (Lubaroff, Day and Gathua) will attend the next meeting of the Committee. This meeting will be held on 11/25. The subcommittee as well as a representative from the Committee will revisit possible programming and forums at the December Commission meeting. Day updated Commissioners on a Civil Society and will be attending a meeting concerning the program on 11/19. REPORTS OF COMMISSION Spears will co-star in a four part video series being produced by the Iowa City Community School District that will serve as a tool to better educate parents on how to become involved in their child's education. The series will run on the local Public Access station. Stoglin was interviewed by the Chicago Defender for Veteran's Day. Stoglin also attended a program on Gang Awareness and reported that he thought it was a good program and would recommend it to others. Gathua participated in the Iowa School Counselors Seminar sponsored by the Iowa National Guard. Abuissa expressed sympathies to the victims of the Food Hood shooting. ADJOURNMENT Stoglin moved to adjourn. Day seconded. The motion passed 5-0 at 6:56. Human Rights Commission November 17, 2009 Page 2 of 2 Human Rights Commission ATTENDANCE RECORD 2009 Meetin Date NAME TERM EXP. 1/27 2/24 3/24 4/21 5/19 6/16 7/21 8/18 9/15 10/20 11/17 12/15 Newman Abuissa 1/1/10 X X X X X O X O O X X Kelli Shireen- Fleming 1/1/10 - - - - - O/E X X X R R Eric Kusiak 1/1/10 O/E X X X X X X X O O O Dell Briggs 1/1/11 X X X X O/E X X X X X O/E Yolanda Spears 1/1/11 X X X O/E X X O/E O/E X X X Corey Stoglin 1/1/11 O/E O/E O/E O/E O/E O/E OIE X X X X Dianne Day 1/1/12 X X X X X X X X X X X Wangui Gathua 1/1/12 X X X X X O/E P O/E X X X Martha Lubaroff 1/1/12 O/E X X O/E O/E X X O/E X X O/E Joy Kross 1/1/10 O/E O/E R R R R R R R R R KEY: X = Present O = Absent O/E = AbsentlExcused NM = No meeting/No Quorum R =Resigned - = Not a Member