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HomeMy WebLinkAbout2011-03-03 Info Packet~ - i ~~~~.®~~ :VIII •~~°~~~ -n..s~ CITY OF IOWA CITY www.icgov.org CITY COUNCIL INFORMATION PACKET March 3, 2011 MISCELLANEOUS IP1 Council Meetings and Work Session Agenda IP2 Letter from Mayor Hayek to Robert Long, President, Meta Communications: Congratulations on business expansion IP3 The Chicago-Iowa City passenger rail service project summary [submitted by the City Manager] IP4 Memorandum from the City Clerk: Meeting Schedule (July-August) IP5 Memorandum from the Public Works Director: Street Sweeping IP6 Building Permit Information -February 2011 IP7 Invitation: PATV Channel 18 game show contestants "The Smartest Iowan" DRAFT MINUTES IP8 Board of Adjustment: February 9, 2011 IP9 Telecommunications Commission: January 24, 2010 IP10 Telecommunications Commission Triennial Review Public Hearing: January 24, 2010 IP11 Planning and Zoning Commission: February 17, 2011 IP12 Youth Advisory Commission: February 13, 2011 COUNCIL PACKETS ONLY AVAILABLE IN CITY CLERK'S OFFICE OR ON LINE (www.icgov.org) Mediacom Communications Corporation Triennial Review of Cable Television Service March 2011 ~ = i :.:.®~~ ~, _m~ `t ~' "'"'®'~~ City Council Meeting Schedule and -n...._ CITY OF IOWA CITY Work Session Agendas IP1 www.icgov.org TENTATIVE MEETING SCHEDULE SUBJECT TO CHANGE • MONDAY, MARCH 21 Emma J. Harvat Hall 6:30p Special Work Session • TUESDAY, MARCH 22 Emma J. Harvat Hall 7:OOp Special Formal Council Meeting • MONDAY, APRIL 4 Emma J. Harvat Hall 6:30p Regular Work Session • TUESDAY, APRIL 5 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • MONDAY, APRIL 18 Emma J. Harvat Hall 6:30p Regular Work Session • TUESDAY, APRIL 19 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • MONDAY, MAY 2 Emma J. Harvat Hall 6:30p Regular Work Session • TUESDAY, MAY 3 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • MONDAY, MAY 16 Emma J. Harvat Hall 6:30p Regular Work Session • TUESDAY, MAY 17 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • WEDNESDAY, MAY 18 Cora/ville 4:OOp Joint Meeting • MONDAY, MAY 30 Emma J. Harvat Hall Memorial Day -City Offices Closed • MONDAY, JUNE 6 Emma J. Harvat Hall 6:30p Regular Work Session • TUESDAY, JUNE 7 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • MONDAY, JUNE 20 Emma J. Harvat Hall 6:30p Regular Work Session r ~~~~ "'"'®'"~ City Council Meeting Schedule and CITY OF IOWA CITY Work Session Agendas March 2, 2011 www.icgov.org • TUESDAY, JUNE 21 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • TUESDAY, JULY 5 Emma J. Harvat Hall 6:30p Special Work Session 7:OOp Regular Formal Council Meeting • MONDAY, JULY 18 Emma J. Harvat Hall 6:30p Regular Work Session • TUESDAY, JULY 19 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • MONDAY, AUGUST 1 Emma J. Harvat Hall 6:30p Regular Work Session • TUESDAY, AUGUST 2 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • MONDAY, AUGUST 15 Emma J. Harvat Hall 6:30p Regular Work Session • TUESDAY, AUGUST 16 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting IP2 February 25, 2011 Robert T. Long, President Meta Communications 1210 South Gilbert Street Iowa City, IA 52240-4557 Dear Mr. Long; ~ r ~ ~"r ",~I"'~~ ~~~~~ .,.t,,~ CITY OF IOWA CITY 410 East Washington Slrecl lo~aa City, foiva 52240-1826 (319) 356-5000 (319) 356-5009 FAX wwn~.icgov.org Please accept our sincere congratulations on the recent news about your business expansion. The addition of 24 new high duality jobs into the Iowa City market is excellent news. That, combined with the fact that your new software product for job processing attracts customers from around the world enhances the value of your hard work and determination. We recognize and value the entrepreneurial spirit that Meta Communications has demonstrated over the years. It is that spirit that attracts other like-minded entrepreneurs and we desire to foster an environment where more businesses are able to do what you have done. If there is anything with which the City might.assist as you continue to grow your business, we will do everything possible to help. You may contact me, City Manager Tom Markus, or our Economic Development Coordinator, Wendy Ford. We are all ready to help. Sincerely, /~~ ~~_ Matthew J. Hayek, Mayor City of Iowa City ce: Tom Markus, City Manager Wendy Ford, Economic Development Coordinator IP3 o a Gonneo~jo~ '~ N Get on Board The Chicago-Iowa City passenger rail service ~.rn-ar~~ y Iowa's investment in the Chicago to Iowa City passenger rail service will produce more ongoing benefits than costs for Iowa residents and taxpayers over the next 30 years. An Iowa investment of $20.6 million will match a federal investment of $86.8 million for the capital costs of the Iowa segment of the Chicago to Iowa City service. Iowa's share of the expected gap between revenues and operating and maintenance expense is estimated at $3 million annually. The economic analysis included in this document demonstrates the cost-effectiveness of the Iowa investments in the Chicago to Iowa City service and details the benefits that Iowa can expect from Iowa's expenditures. Financial Outcomes Economic Outcomes for the State of Iowa By leveraging Federal and Illinois state funding, the Chicago to Iowa City passenger rail project generates the following financial outcomes over the next 30 years. • Iowa will receive $2.77 in transportation economic benefits for every $1.00 invested, according to economic estimates prepared by the State of Iowa in accordance with methodology and standardized values issued by the U.S. Department of Transportation. • Federal funds will pay 80% of the capital costs, and Illinois will pay 20% of the portion of the capital costs of the system within its state. Iowa's investment of $20.6 million will design, build, and equip a fully functioning $310 million new transportation service. Illinois will pay the majority of the operational costs for a route that will benefit Iowans with an annual Illinois contribution for operation and maintenance costs of $7.0 million. Job Creation The project will generate new Iowa jobs during construction, and permanent jobs required for operation and maintenance of the passenger-rail service. • Creates 209 jobs each lasting four years during the design and construction period. o Includes 117 high-skill, high-wage construction and engineering jobs. o The typical construction workforce consists of heavy equipment operators, journeymen electricians, carpenters, machinists, and ironworkers, and laborers, and truck drivers. o Some of the construction jobs, such as railroad signaling, will endure through the winter, a time when construction is traditionally slow. • Creates 31 new operations and maintenance jobs. o One-third would be high-skill, high-wage jobs, such as locomotive engineers, conductors, and maintenance workers. o One-third would be indirect jobs related to the production and distribution chain of goods & materials. o One-third would be jobs created by the expenditures of these wages. o Other jobs, not quantified, could include jobs in the hospitality and tourism industry or jobs related to new economic activity or development. Page 1 Business Activity Created by the Project Construction activity and subsequent operation and maintenance will generate business revenues within Iowa. These include the supply of materials such as steel, communication equipment, and fuel to the project, and services such as housing, food, and utilities to construction employees and subsequent operations and maintenance employees. • $125 million (2010 dollars) of new business revenues in Iowa during the first 4 years of construction. • $6.76 million (2010 dollars) of ongoing new business revenues in Iowa per year for the next 30 years as a result of operation and maintenance of the service. Iowa's businesses will have a proximity advantage for major construction and supply contracts. • Other business activity, not quantified, would include an increase in land values around rail stations, spending on goods and services by rail passengers during their train trip and at their Iowa destination, and other business activity that occurs as a result of the new service. Travel Cost Savings The Chicago to Iowa City passenger rail service will reduce the cost of travel for Iowa residents and visitors that use it, as well as costs that would otherwise be spread among all Iowa transportation users and taxpayers. • Individual travelers will save $142.7 million in out-of-pocket transportation costs during the first 30 years of the service, compared to the cost of using other transportation modes. • Iowa, its residents, and visitors, will save $6 million over 30 years on avoided lost time in roadway congestion and on highway accident costs. Passenger Travel Time, Cost, and Convenience Comparison Transportation Options: Comparison of Time & Cost -Chicago to Iowa City and Iowa City to Chicago Walk-Up Out-Of- Ability to Pocket User Same Day Work Cost Business En Route All Travel Time (One- (Round Roundtrip (use laptop, Weather On-Time Mode Way) Trip) Possible? cell phone) Reliability Performance Automobile 3 hours 46 minutes $193 Yes Low Low Unknown Bus 4 hours 55 minutes $46 No Moderate Low Unknown Rail 4 hours 20 minutes $62* Yes High High 90%+ Air 3 hours 42 minutes $925** Yes Low Low 79% *Estimated fare **Fare based on weekday, 15-day advance ticketing as of January 9, 2011. Transportation Options: Comparison of Convenience -Chicago to Iowa City Mode Restroom Facilities Hot Water Beverage Service Food Service Uninterrupted Wi-Fi Automobile Bus x Rail x x x x x Air x x x Page 2 Freight Railroad Outcomes The project brings specific benefits to Iowa's freight rail system and its shippers: • Enables the Iowa Interstate Railroad to increase its reliability, efficiency, and safety of service through construction of signaling and communications systems that are necessary for passenger service, but also of substantial utility to the freight services on the same tracks. • Increases Iowa shippers' guarantee of long-term access to lower-cost railroad freight transportation services. • Increases the ability of the Iowa Interstate Railroad to attract new manufacturers, agricultural processors, and consumer goods distributors to Iowa. • Enables the Iowa Interstate to Increase traffic volumes at a lower cost, benefitting both existing and potential new Iowa shippers and receivers. Other Benefits The Chicago to Iowa City passenger rail route has a number of positive economic impacts that cannot be directly quantified in an economic analysis and are not included in the cost-benefit ratios described above. These effects may benefit Iowa's ability to retain existing economic activity or attract new activity, retain or improve the attractiveness of its universities and medical centers, and maintain or improve Iowa property values. Transportation Connectivity and Access • Connections to the Chicago hub provide Iowans access to multiple national and global transportation options -air, regional and national passenger rail, and intercity transit options within Chicago. • The service helps ensure that decisions to attend college in Iowa, reside in Iowa, or do business in Iowa, are not influenced by travel time lost in freeway congestion in Chicago. • The service helps ensure that Iowa residents and visitors are able to travel regardless of winter weather. • The service helps ensure that Iowa's elderly residents have access to comfortable and accessible transportation. Business • Provides convenient, stress-free transportation for business day trips to the Chicago area. • Business travelers can make full productive use of the travel time, including the full, uninterrupted use of laptop computers and cell phones from departure to arrival. • Passenger rail access may assist employee recruitment and client attractiveness. • Provides opportunities to increase tourism. Education • Convenient transportation for the many students attending Iowa colleges and universities that have Illinois ties, particularly those who do not own automobiles. • Increases competitiveness and enhances recruitment for Iowa's educational institutions. Quality of Life • Access to travel for those who do not or cannot drive. • A comfortable, safe and convenient travel option for all segments of the population -students, elderly, families, disabled, economically disadvantaged, as well as business travelers. • Provides another transportation option for patients to receive treatment at some of Iowa's largest medical facilities. • Provides a safe transportation service with on-board personnel directly responsible for passenger safety and convenience and arrives and departs from secured stations with safe indoor waiting areas. Energy & Environment • Fuel efficient transportation option reduces Iowa's vulnerability to fuel cost escalation. • Energy efficiency promotes U.S. energy independence. • Fewer greenhouse gas emissions reduce Iowa's exposure to potential federal limits on transportation emissions and carbon taxes. Page 3 Public Safety Outcomes Iowa was among the top 10 states with the highest highway-railroad at-grade crossing crashes at public and private crossings during 2006, 2007, and 2008. Passenger rail will be accompanied by extensive upgrades for the at-grade highway- railroad crossings on Iowa Interstate Railroad. The improvements will result in a substantial reduction in the potential for vehicle and train collisions in the Bettendorf-Iowa City corridor. • Improvements include upgrades to 71 at-grade crossings, including adding gates and flashing lights at 48 crossings. In total, over $14M is being invested for at-grade crossing improvements, nearly 4 times the current annual federal expenditure for at-grade crossing improvements statewide. • New railroad safety systems will be implemented on Iowa Interstate with passenger rail service increasing safety: o Centralized Traffic Control (a train signaling system) detects broken rails, vandalized switches, and many other common ca-uses of derailments. o Positive Train Control system enforces train spacing and speed limits, virtually eliminating the potential for train to train accidents. Public Costs of Transportation In one form or another, all modes of transportation require public support not paid with user fees. Below is a summary by mode of how it has been supported with public funds not paid with user fees. Highways o Nationally, highway user revenue collected at all levels of government in 2007 ($98 billion) only accounted for 57% of total highway disbursement. o Since 2008, approximately $34.5 billion has been transferred from the General Fund to the Highway Trust Fund in order to keep the fund solvent. o City and county governments in Iowa utilize property tax and, in many cases, local option sales tax to support road improvements and maintenance. • Aviation o General Fund revenue supports the aviation system by funding the nation's air traffic control system and other Federal Aviation Administration operations. o The federal Essential Air Service program provides federal operation subsidies directly to private airlines in exchange for providing commercial service to airports that would not otherwise have service. This program is utilized to support service to Mason City, Fort Dodge and Burlington. • Public Transit o Iowa's public transit systems require approximately $100 million per year to operate. Approximately $13 million comes from fare box revenue but the remainder comes from the federal government (approximately $25 million), local government (approximately $31 million), state of Iowa (approximately $11 million), contract revenue (approximately $16 million from federal, state and private sources), and other sources (approximately $4 million). o Transit funding from the federal government is primarily funded through the federal fuel tax; however, the transit account within the Highway Trust Fund recently required a $4.8 billion transfer of General Fund revenue in order to remain solvent. • Passenger Rail -Chicago to Iowa City corridor o In the first year of operation (2015), the Chicago to Iowa City corridor is expected to generate $6.4 million in revenues from fares and food service (which is a 40.3% recovery of operating and maintenance costs). Amtrak's revenue projections are based on Amtrak's experience with similar routes in Illinois and the Midwest. Revenue estimates do not assume the route will initially fill to capacity and assume growth rate in ridership of 1.5%. o Annual operating and maintenance cost is $15.9 million. o Operation and maintenance costs are allocated 27% Iowa, 73% Illinois. o The estimated annual operating and maintenance cost to the state of Iowa is estimated to be on average, approximately $3 million. Options to fund this cost are under consideration and include: ^ Utilizing existing federal transportation funding programs to cover up to 80 percent of the cost for the first three years of the new service. ^ Working with other states to encourage the creation of a federal program to provide on-going operating cost assistance similar to existing federal programs for public transit. ^ Identifying existing state funding programs that could provide funding support. Page 4 Ridership and Revenue Projections • Ridership includes the number of riders that get on and get off the train on any segment of the corridor. A rider could get on and off at any of the nine stations on the route (e.g., someone who gets on at Iowa City and off in Chicago would be considered a rider; someone who gets on at Geneseo, Illinois, and off in the Quad Cities would also be considered a rider.) • The ridership estimate and the revenue projections were provided by Amtrak using the Amtrak Corridor Passenger Rail Demand Forecasting Model developed by AECOM.1 • The ridership is forecast to be 246,800 (when service is initiated in 2015). • The expected revenue of $6.4 million includes projected revenue from ticket sales and food service sales at the forecast ridership level. Revenue estimates assume that coaches on average are filled to 70% capacity daily, which will accommodate peak demand periods and growth. • The estimated annual ridership growth for the Chicago to Iowa City corridor is conservatively estimated at 1.5%. Ridership growth on Amtrak's state-sponsored routes in 2010 was 6.5%. • Fare is based on the level that would optimize revenue collections, taking into consideration the variables in the model.l Similar Midwestern Route Comparison Comparison with Comparable State Sponsored Routes Route Chicago to Carbondale Chicago to Quincy (Illinois Chicago to Iowa City (Illini/Saluki) Zephyr/Carl Sandberg) Status Existing Existing Planned Ridership (Annual) 264,934 (FY 2010) 209,466 (FY 2010) 246,800 (Projected Opening Day) Average Annual 3.7% (actual last 4 years) 5.5% (actual last 4 years) 1.5% (projected) Ridership Growth Roundtrips per Day 2 2 2 University of Iowa, University of Illinois at Augustana College Universities and Colleges Urbana-Champaign, Western Illinois St. Ambrose University Served Southern Illinois Palmer College of Chiropractic Major Station Stops Champaign/ Urbana Carbondale Galesburg Quincy Quad Cities Iowa City Distance from Chicago 129 309 162 258 174 221 (miles) Destination Cities 226,000 58,000 69,000 77,000 379,000 152,000 Population Estimate (2009) 1 The Amtrak Corridor Passenger Rail Demand Forecasting Model uses a number of variables which, over time, have proven to be important determinants of ridership demand. Those variables include total market size, station locations, mode share, service characteristics of competing modes, passenger rail timetable (taking into consideration travel time, frequency, schedule and schedule attractiveness) and average fares (based on observed average yields per mile in existing Amtrak markets within the Midwest.) Page 5 Notes: This updated economic analysis compares the expenditures made solely by the state of Iowa to the economic outcomes that would accrue to State of Iowa. This differs from the economic analysis that accompanied the grant application which compared the total expenditure to the outcomes that would accrue to the States of Iowa and Illinois. The economic effects are based on the estimated expenditures to implement the Chicago-Iowa City passenger-rail service (as determined by the Federal Railroad Administration), the estimated expenditures to operate and maintain the service (as determined by the Federal Railroad Administration and Amtrak), and the anticipated passenger ridership and revenue (as estimated by Amtrak.) Some of these quantities are estimates, while others are based on the most recent actual performance of similar passenger-rail services and other transportation services. ~~,lowa Department ~ of'lransportatlon 01/12/2011 Page 6 ~~` Go~ectjo ti° ~N Get on Board } Rockford • • • • • \ Leke Michgan © Chicago ce~~r F~F,I, IS ... Union --1_L Station ~_ ~~. -~ - lovra Cdy "v ~~ PIdnO - 1d perAlle I fA1S '.. 1 ~. i'?,~ M1,:znQdd - BNSF _.. . ~ Geneseo -.. ~. I ~ 7aiss~~s'pn R~ .. Fnncetrn I Quad Cities{ .,>... O t^Nan Proposed Track Connection - `` L Wyanet,)t: I I / 1 Route and train characteristics • Two daily round trips • Travel time under five hours one way • Initial maximum speed of 79 mph • Each train can accommodate 230 passengers; and will offer coach seating and food service • Total route of 219.5 miles • Trains operate on Amtrak at Chicago's Union Station, 0.8 miles; BNSF Railway from Chicago to Wyanet, 111.,116.2 miles; and Iowa Interstate Railroad from Wyanet to Iowa City, Iowa,102.5 miles • New stations at Geneseo and Moline, III.; and Iowa City Project costs • Overall cost: $310 million • Costs allocated between Iowa and Illinois • Iowa and Illinois submitted a joint application for $248 million (up to 80 percent of the project cost) from the High-Speed Intercity Passenger Rail (HSIPR) program through the Federal Railroad Administration (FRA). • The FRA awarded $230 million under the HSIPR program to the Chicago to Iowa City route, and the U.S. DOT awarded a $10 million TIGER II grant to Moline, IL for the passenger rail station. Total project cost Cost by state Cost by funding source Service outcomes • On-time performance will be 90 percent or higher • Projected annual ridership is 246,800 for 2015 • Ridership includes passengersdivertedfrom other modes annually: 60 percent of passengers from automobiles; 24 percent from air travel; 9 percent from buses; and 7 percent are new riders who otherwise would not have made the trip Collaboration • Iowa and Illinois departments of transportation have a strong partnership to initiate Chicago to Iowa City passenger rail service. • The Midwest High-Speed Rail Steering Group, representing nine Midwestern states executed amemorandum of understanding in 2009 supporting Midwest routes connecting to the Chicago hub. • Agreements in principle with Iowa Interstate Railroad, BNSF Railway and Amtrak. • Agreements in principle were established with the cities of Iowa City, Moline, and Geneseo for station development, demonstrating local support. Public and political support • The route has broad enthusiasm and support from community organizations and the public. • State and local politicians have endorsed the program with numerous letters of support. • A variety of local, regional and state economic development and business organizations have endorsed the route. "Continue to expand the rail infrastructure for transporting people, commodities and commercial goods." The Chicago-Iowa City passenger rail program Cost Distribution (estimated) State Local State, local and other 520.6 M $1.2 M $58.5 M *Rounded to nearest 5100,000 -Iowa Chamber Alliance 2011 legislative agenda Legislative support • Iowa's share of the match will come from a combination of state appropriations and local funding. In FY 11, Iowa lawmakers approved intent language to provide up to $20 million over four years to help fund Iowa's commitment for matching federal passenger rail funding.To date,the legislature has appropriated $10 million to be used for the match. • Illinois announced in January 2010 that it would use $45 million from its state capital plan for construction of the route. Public and economic benefits • Helps create jobs, improve our nation's transportation infrastructure and assist in providing transportation alternatives to the citizens of Iowa and the Midwest • Improves the state's rail infrastructure, which is used for both freight and passenger transportation. • Returns for every public dollar of investment (including all long-term costs of operation and maintenance), by delivering $1.70 back to the public in reduced costs for transportation fuel and pollution. • Attains $7.4 million in highway safety benefits during the first 30 years. • Creates job growth estimated at 588 per year over the first four years during design and construction • Increases business activity estimated at $25 million per year following service initiation • Encourages transit-oriented development • Upgrades over 70highway-railroad crossings in Iowa, and over 60 in Illinois, by adding warning systems to improve motorist and train safety. Environmental benefits • Reduces greenhouse gas emissions by 89,943 tons in the first 30 years of operation • Fuel savings of 10,791,109 gallons during the first 30 years. • Reduces vehicle miles of travel by 25,611,484 in the corridor annually • Reduces congestion. Saves $16.3 million in highway user costs during the first 30 years. • Incorporates Iowa and Illinois DOTS"'GreenLine"vision - a program advancing innovative, sustainable practices Competition for the federal High-Speed Intercity Passenger Rail program • In 2009,the grant program received many more requests than the amount of funding available. For the 2010 funding cycle, 20 corridor development applications from 10 states totaling $7.8 billion competed for $2.1 billion in funding. • Federal Railroad Administration feedback on Iowa's 2009 application was positive; since fall 2009, Iowa and Illinois have worked to strengthen the project through building strong partnerships with communities and host railroads, and in refining the project engineering and environmental documentation. Long-term vision • Scheduled frequency can be expanded to offer more than two daily round trip trains • Initial planning under way to potentially extend the route incrementally to Des Moines, Iowa, and Omaha, Neb. • Speeds may be increased from 79 mph to 90 mph, or 110 mph with additional infrastructure investments. More information is available on the Iowa DOT's Web site: www. i owa d ot. g ov/i owa ra i 1 ~~~lowa Department ~ Of Transportation 02/23/2011 MM414 C~~t; Ide as and Methods for Monetizin the Value of Pa ssen er Rail Service ,. Road user fees, license plate fees, new auto sales Vehicle operating cost savings (net of rail fare) tax Car Rental Tax. In Virginia, 3~ of the existing annual Out-of-pocket savings Air fare savings (net of rail fare) state vehicle rental tax is diverted to Rail Enhancement Fund. Vehicle Parkin Cost Savin s Better travel reliability based on predictability of Improved reliability rail operations Rail Passengers Transportation Direct connectivity to mass transportation convenience systems in Chicago, Iowa City, and other cities Passenger trains enable email, laptop use, cell Business productivity phone use during entire trip Reduced highway travel leading [o reduced quto Insurance Taxes and Surcharges Accident savings likelihood of accidents Affordable mobility Mobility options for students and non-vehicle Tuition Fees./ Transportation Surcharge owners Road user fee revenue re-distribution. For instance, California Public Transportation Account (PTA) receives approximately 0.3325 cent for every gallon Reduced highway traffic leads to lower levels of of diesel and 0.1663 cent for every gallon of Congestion mitigation congestion gasoline sold in California. PTA is sole funding Non-rail source for operating subsidies for Pacific Surfliner, transportation system user San Joaquin and the Capitol Corridor routes. Safety benefits Lower tdngestion levels leading to lower Auto Insurance Taxes and Surcharges accident rates Availability of additional travel option that can Option value be exercised when needed Overall increase in connectivity and mobility The overall productivity improvements will lead to Economic connectivity between commercial centers increases overall Increases incorporate tax and income tax revenues. productivity reFlected in additional jobs created Part of this could be used for subsidy Increase in economic Development densities increase near stations Numerous rase studies suggest increases in activity surrounding due to connectivity's and leads to increased property values, and thus tax revenues. stations property values Congestion Mitigation and Air Quality Management Emission Reductions Greenhouse Gas reductions (CMAQ). Hiawatha Service -Wisconsin Department of Transportation Highway maintenance Reduced vehicles on the highways reduces Road user fee revenue re-distribution savings hi hwa maintenance expenses Rail passenger service option serves as an Employment Benefits inducement to prospective employees and Property tax families University Benefits Rail passenger service option serves as an Student Fees inducement to ros ective students Rail passenger service increases value of Public Property Values community property values for retired, elderly, Property tax and others that desire rail transportation Increased Direct Increased income tax revenues; increased local sales Employment during Construction provides employment tax revenues construction Increased indirect and Construction employment provides spin-off induced employment Increased income tax revenues employment during construction Increased Direct Increased income tax revenues; increased local sales Employment during on- On-going Operations provides employment tax revenues. lobs are onboard train staff only; going operations track maintenance jobs are additional Increased indirect and induced employment Construction employment provides spin-off Increased income tax revenues during on-going employment operations Freight Shippers Capital cost avoidance Installation of signaling systems avoids possible Shipper surcharges future costs for freight shippers Iowa Passenger Rail Funding Brainstorming Session February 24, 2011 Iowa-DOT Chicago to Iowa City Intercity Passenger Rail Annual Cost Allocation Calculation Tier County 2010 Population Annual Share Tier 1 Scott 165,224 $ 447,757 Tier 1 Johnson 130,882 $ 354,690 Tier 2 Cedar 18,499 $ 16,649 Tier 2 Muscatine '42,745 $ 38,471 Tier 2 Linn 211,226 $ 190,103 Tier 2 Iowa - 16,355 $ 14,720 Tier 2 Poweshiek 18,914 $ 17,023 Tier 2 Jasper 36,842 $ 33,158 Tier 2 Polk 430,640. $ 387,576 Tier 3 Statewide N/A $ 1,500,000.. 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N v~ ill ~ N O', O1 OJ ' ' ' ~ O O'O O tilN F-:a oC.O O m a:,I-- t a LL F- . c 0 .~ C .£ Y C .~ m m C C LL f0 ~ K ~..~ ~ N c N N ~ ~ ~o ~ a ~ 10 L 3 ~ O LL r ^~®~ C[TY OF [O1NA C[TY 1P4 ~ "'-''C~r~`~~ ,~®,,-~ 1~/~ O RA ~ D U M 1VI E DATE: March 1, 2011 TO: Mayor and City Council Marian K. Karr Cit Clerk ~~ FROM Y 1~' RE: Meeting Schedule (July-August) At your work session on February 28 the following meeting schedule for July through August was agreed upon: Tuesday, July 5 - Special Work Session and Regular Formal (combined) Monday, July 18 - Work, Session Tuesday, July 19 - Formal Monday, August 1 - Regular Work Session Tuesday, August 2 - Regular Formal Monday, August 15 - Regular Work Session Tuesday, August 16 - Regular Formal Cc: Cable TV City Hall Maintenance U: schedule final (July-August 2011) City of Iowa City MEMORANDUM To: Tom Markus, City Manager From: Rick Fosse, Public Works Director Date: March 2, 2011 RE: Street Sweeping Last spring the City Council expressed an interest in accelerating our spring street sweeping operations. Typically it takes our two street sweepers about 7 weeks to complete the first pass of all city streets in the spring. We explored three options to expand our level of service: • Rent a street sweeper ($17,000 for five weeks, we supply the operator) • Purchase a new street sweeper ($158,000) • Purchase a used street sweeper ($40,000) We concluded that purchasing a used street sweeper was our best long term option based on cost and the fact that our old street sweeper that we received $40,000 in trade- in last year had not sold and was available to us for $40,000. Having been the only previous owner of this machine and knowing the complete service history, we felt comfortable purchasing this used street sweeper. We will operate the old sweeper for 5 weeks in the spring for sand cleanup and again for 5 weeks in the fall to assist with leaf pickup. At the time our next front line street sweeper is scheduled for replacement, we will trade in the old one and retire our front line sweeper to 10 weeks of duty per year. This will be our most cost effective way to meet our sweeping demands until our city reaches the point at which three street sweepers are necessary year-round. The City Council also expressed an interest in periodic steet sweeping during the winter to better accommodate bicyclists. In the past we have not performed winter sweeping because the sweepers had been winterized (water drained from the sweeping system tanks and hoses) and put into cold storage. This winter we kept the sweepers in heated storage so that we could operate them as weather permited. This opportunity for heated storage came with the purchase of the former S&G Sand Plant buildings and site for the Terry Trueblood Recreation Area. So far this winter we have been able to sweep on two occasions. Given the limited windows of opportunity in the winter we focused on Jefferson Street and Rohret Road, two streets for which we receive the most requests from bicyclists. The heated storage acquired with the old sand plant will be demolished this spring as part of the park improvements. It will be necessary to rent or build additional space for next winter. This loss of space will also impact our solid waste operations. This third street sweeper was a welcome addition to our fall leaf collection operations and we look forward to using it this spring. Cc: Bud Stockman J, (yP 1 BUILDING PERMIT INFORMATION February 2011 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 RAC -Residential Accessory Building MIX -Mixed NON -Non-residential OTH -Other it A~ =i; I Page : Date : 2 3/1/2011 City of Iowa City Extraction of Building Permit Data for To : From : 2/ 1 /2011 2/28/2011 Census Bureau Report Tyne Type Permit Number Name Address Imnr Use Stories Units Valuation BLD10-00046 BRIAN FURLONG BRIAN M 2224 HEINZ RD 0 0 $0 temporary use for indoor commercial recreational use in an I-1 zone Total / permits : 1 Total Valuation : $0 BLD10-00778 IMPACT FULFILLMENT SER 2500 HEINZ RD ALT NON 1 0 $1,000,000 FACTORY PRODUCTION AND STORAGE IN 1/3 OF WAREHOUSE BUILDING BLD11-00042 PRESS CITIZEN 123 2F N LINK ST ALT NON 2 0 $145,000 OFFICE REMODEL FOR NEWSPAPER OFFICES BLD11-00047 PEDRO NERIA 1806 BOYRUM ST ALT NON 1 0 $31,123 RESTAURANT IN TENANT SPACE BLD11-00053 CHANSY KANTAPHONE 213 -15 IOWA AVE ALT NON 2 0 $6,000 CHANGE OF USE TO CAFE FROM FORMER NAIL SALON BLD11-00084 IOWA CITY CMNTY SCH DI 2901 MELROSE AVE ALT NON 1 0 $2,500 TRAINING ROOM SOUTH END OF HIGH SCHOOL GYM Total ALT/NON permits : 5 Total Valuation : $1,184,623 BLD10-00751 JAMES C SHAW 420 E DAVENPORT ST ALT RDF 2 0 $1,000 Convert three dwelling unit building to two dwelling unit building Total ALT/RDF permits : 1 Total Valuation : $1,000 BLD09-00393 KAPPA KAPPA GAMMA SO 728 E WASHINGTON ST ALT RMF 0 0 $24,000 Replace windows in dining room and TV room on south and east elevations BLD08-00277 ROGUE RENTALS 803 E COLLEGE ST ALT RMF 0 0 $3,000 Replace windows Total ALT/RMF permits : 2 Total Valuation : $27,000 BLD11-00079 ANN RHOMBERG & SUSAN . 213 MCLEAN ST ALT RSF 0 0 $60,000 BATH REMODEL FOR SFD BLD11-00067 PAT & COLETTE HARTLEY 421 SCOTT PARK DR ALT RSF 0 0 $22,845 BASEMENT FINISH FOR SFD BLD11-00054 BRETT FAINE 784 MISSION POINT RD ALT RSF 0 0 $20,000 BASEMENT FINISH FOR SFD BLD11-00056 REBECCA ROUTH 822 RUNDELL ST ALT RSF 0 0 $15,991 KITCHEN REMODEL FOR SFD BLD10-00706 ROBERT & JIM PIPER 209 BLACK SPRINGS CIR ALT RSF 1 0 $15,000 REMODEL SFD BLD11-00052 SHERIL SORGE 1512 BROOKWOOD DR ALT RSF 0 0 $13,600 REMODEL KITCHEN FOR SFD BLD10-00743 CHRIS MCCABE 1413 BROOKWOOD DR ALT RSF 0 0 $6,738 BASEMENT FINISH FOR SFD BLD09-00215 JASON J SKALA 3429 DONEGAL CT ALT RSF 0 0 $5,000 BASEMENT FINISH FOR SFD Page : 3 City of Iowa City Date : 3/1/2011 Extraction of Building Permit Data for To : 2/1/2011 Census Bureau Report From : 2/28/201 1 Tune Tyne Permit Number Name Address Imnr Use Stories Units Valuation BLD11-00066 JEWELL AMOS 735 DEARBORN ST ALT RSF 0 0 $900 INSTALL PATIO DOOR FOR SFD Total ALT/RSF permits : 9 Total Valuation : $160,074 BLD11-00055 PRAIRIE GARDEN IHA LTD 2434 -36 CATSKILL CT NEW RDF 2 2 $407,012 DUPLEX WITH ATTACHED 2 CAR GARAGES 2434-2436 CATSKILL CT Total NEW/RDF permits : 1 Total Valuation : $407,012' BLD11-00040 PENNINGROTH APTS LTD 715 BRADLEY ST REP RDF 0 0 $484 2 EGRESS WINDOWS FOR RDF UNIT BLD11-00041 PENNINGROTH APTS LTD 1725 MUSCATINE AVE REP RDF 0 0 $242 EGRESS WINDOW FOR RDF UNIT Total REP/RDF permits : 2 Total Valuation : $726 BLD09-00421 AUTUMN PARK OF IOWA C 3042 MUSCATINE AVE REP RMF 0 0 $3,820 Reroof BLD04-00511 JAMES A & LORETTA C CL 310 -18 E BURLINGTON S REP RMF 0 0 $2,000 Reroof BLD09-00394 HERITAGE MANOR LLC 731 CHURCH ST REP RMF 0 0 $800 Repair rotted wood on decks BLD09-00397 UPTOWN PROPS 322 N VAN BUREN ST REP RMF 0 0 $800 Repair rotten boards on decks BLD09-00398 RALSTON HEIGHTS LLC 830 E JEFFERSON ST REP RMF 0 0 $800 Repair rotten boards on decks Total REP/RMF permits : 5 Tota l Valuation : $8,220 BLD11-00059 ANNA BUSS 402 W BENTON ST REP RSF 0 0 $10,000 INTERIOR REPAIR/ALTERATION OF SFD BLD11-00060 LARRY PUGH 321 WESTBURY CT REP RSF 0 0 $3,855 REPAIR FRONT OF BUILDING FROM TRUCK IMPACT BLD11-00062 GARY E FABIAN 121 DARTMOUTH ST REP RSF 0 0 $2,300 EGRESS WINDOWS FOR SFD BLD09-00396 RALSTON HEIGHTS LLC 118 N JOHNSON ST REP RSF 0 0 $800 Repair rotten boards on decks Total REP/RSF permits : 4 Total Valuation : $16,955 GRAND TOTALS : PERMITS : 30 VALUATION : $1,805,610 IP7 Marian Karr from: Public Access Television <contact@patv.ty> Sint: Thursday, February 24, 2011 9:24 PM To: Council Subject: You're invited to be contestants on our game show "The Smartest Iowan" Dear Mayor Hayek and members of the City Council, PATV Channel 18 would like to invite you all to be contestants on our game show "The Smartest Iowan," the only live weekly game show in the state of Iowa. It's a fun three-round trivia show that includes a round dedicated to Iowa history. The show just celebrated its second anniversary and having some council members on as contestants would be a great way to help us expand our ever growing viewership. The show pits contestants against each other either one on one or in two teams of two. While the teams or individuals competing are always free to choose their own team names we think that if there are charities, social service agencies, community groups or other nonprofits that you are supporters of that you could play "on behalf' of them ("Team United Action for Youth" vs. "Team Shelter House," etc) and this would help raise awareness of these causes or organizations. We would also run two 30-second promotional spots or public service announcements for whomever you were "playing for" during the course of the show. We leave it to you to decide among yourselves who may be interested in participating and if you'd like to play one on one or as two teams of two. The show shoots Wednesday evenings at 8 p.m. and we ask that guests be here no later than 7:30. Any Wednesday after March 16th is currently open. Thanks much and we look forward to having you on soon. Josh Goding PATV 18 IP8 MINUTES PRELIMINARY BOARD OF ADJUSTMENT FEBRUARY 9, 2011 - 5:15 PM CITY HALL, EMMA HARVAT HALL MEMBERS PRESENT: Barbara Eckstein, Brock Grenis, Will Jennings, Caroline Sheerin MEMBERS ABSENT: None STAFF PRESENT: Sarah Walz, Sara Greenwood Hektoen OTHERS PRESENT: John Cress RECOMMENDATIONS TO CITY COUNCIL: None. CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: Grenis, Sheerin, Jennings, and Eckstein were present. A brief opening statement was read by the Chair outlining the role and purpose of the Board and the procedures that would be followed in the meeting. CONSIDERATION OF THE NOVEMBER 10, 2010 MEETING MINUTES: Eckstein and Jennings offered several typographical corrections. Jennings moved to approve the minutes as amended. Eckstein seconded. A vote was taken and the motion carried 40. SPECIAL EXCEPTION: EXC10-00012: Discussion of an application submitted by Cress Investments for a special exception to add one gas pump island to the existing Quick Vehicle Service facility on property located in the Neighborhood Commercial (CN-1J zone at 340 Scott Court. Board of Adjustment February 9, 2011 Page 2 of 6 On an overhead display, Walz pointed out the subject property located on the corner of Scott Boulevard and Court Street. She explained that in 1996, this property was granted a special exception to install four gas pump islands; however the property owner only installed three of the gas pumps. Walz said that because 15 years had passed since the initial special exception was granted, the property owners must come back before the Board to seek a special exception in order to install the fourth gas pump. This fourth gas pump island would extend and additional 25 feet south toward Court Street. Walz noted that a Neighborhood Commercial (CN-1) zone is intended to house businesses which serve the neighborhood in which they are located. The zone is not intended for businesses that generate a lot of traffic from outside the surrounding neighborhoods, and it limits the size of businesses for uses permitted in the zone. Walz said that in evaluating uses in this zone, things such as screening and the impact of lighting, traffic, and activity associated with the use on surrounding residential uses are considered. Safe vehicle and pedestrian access to and from the property as well as proper traffic circulation are also considerations. Walz stated that screening along Scott Court, the cul-de-sac that serves the commercial area, does not meet the current standards. Walz said that additional screening in that area in order to meet the S2 screening standard would be recommended. That screening basically provides separation from the pedestrian areas and the vehicle areas, and screens on-site activity from the surrounding area. Walz said that staff would also recommend that gaps in screening along the Court Street side of the property and the car wash area on Scott be filled in. Walz said that there is adequate on-site parking. Because of the controlled access off of Scott Court, which serves only that commercial area, traffic from the site does not interfere with the busy intersection at the corner of Scott and Court. Walz said that transportation planners reviewed the application and confirmed that the site does not present concerns for vehicle safety in terms of facility access. Staff recommends approval of the application subject to the following conditions: 1) Perimeter screening along Court Street, Scott Court, and Scott Boulevard must be filled in to satisfy current zoning code requirements; 2) Approval of a final site plan and canopy lighting by the Building Inspector to ensure compliance with all the requirements of the zoning code. Walz offered to answer any questions the Board might have. Eckstein asked if the screening requirements for the site were substantially different than they would have been when the gas pumps were originally approved in 1996. Walz said that screening requirements were different. Eckstein said that she was interested in the way that Walz had described the nature of the CN-1 zone given that Scott Boulevard and Court Street are much different streets than they would have been in 1996. She asked if Walz could give the Board a sense of context about the traffic volume on that corner and how it might have changed over time. Walz said that there is clearly more traffic in that area now than there was in 1996, as the area has developed substantially since that time. Walz said that the intersection would not be one that is considered congested, though there is a fair amount of truck traffic along Scott Boulevard. Walz said that in the next Board of Adjustment February 9, 2011 Page 3 of 6 several years there will be a new truck route along Taft Avenue which will alleviate some of that truck traffic from Scott Boulevard. Walz said that the truck traffic is primarily from the industrial zone to the south. One goal of the Southeast District Plan is to improve Taft Avenue, giving those trucks an alternate route out to Interstate-80 or Herbert Hoover Highway. At that point, Walz said, the traffic at that intersection will be mostly residential traffic. She said that both Court Street and Scott Boulevard are arterial streets and she would not describe the area as "congested;" while there is a good deal of traffic at peak times of day, it moves along pretty swiftly. Walz said that if Eckstein was asking if that zoning designation should be changed, that was something that is, in most cases, instigated by the property owners. Walz said that it is a rather small commercial area that is very close to residential uses. She said that a use such as a very large retail would not be the kind of use you would associate that zone. Grenis asked if the screening shown in the Powerpoint slides would be examples of S2 screening and she said that it would be. She said that S2 screening reaches up to four feet in height at maturity in order to screen headlights. Jennings said that the application is for an exception to build the fourth pump; however, the screening discussions involve the entire site. He asked if it was the application for the special exception that triggers those additional screening requirements. Walz explained that additional screening could not be required of the property owner unless that owner is proposing substantial changes or improvements to the property. Walz said that presumably if there is a need for an additional pump, then there is more traffic that will be coming to the site, which would seem to indicate the need for additional screening. Jennings noted that the screening being proposed involves areas nowhere near the new pump. Greenwood Hektoen explained that the entire site would need to come into compliance with current screening standards. Jennings asked if he was correct in understanding that the application for the special exception is what triggered the enforcement of the current zoning standards for the entire site; Greenwood Hektoen said that was correct. Jennings asked for clarification on whether the gas pump canopy would be extended 25 feet further south from its present location or from the location proposed in 1996. Walz said that it would extend 25 feet from its present location; the same specifications and locations for the fourth pump are being requested now as were requested in 1996. There were no further questions for staff and Sheerin invited the applicant to speak. John Cress, 4506 Dryden Court, introduced himself as the applicant and noted that this commercial area is a private subdivision for which each property owner pays association dues. He said that he does not foresee anything large or out of scale ever coming into that area as every lot is now filled in with a mix of businesses. Cress explained that when the site was built in 1997, the footing and piping for the fourth pump were actually installed. Cress said that now it is simply a matter of adding the actual gas pump to make for better business flow on-site during peak times of the day. Cress said that while he understood the need for some additional screening, he did hope that it would not need to be anything that grew taller than four feet. He said he had a bit of a concern about screening all of Scott Boulevard as he did not feel that there was a screening issue on the northern part of the property. It is his desire to leave that area somewhat open for people walking along Scott Boulevard and for the visibility factor at the intersection. Sheerin asked what visibility Cress was concerned about and he replied that he wanted the site Board of Adjustment February 9, 2011 Page 4 of 6 to be visible to pedestrians and to make sure that the corners remained visible for safety reasons. Walz said there would be a requirement to keep things set back from the corners to maintain the vision triangle. She said that there would be no requirement for screening along the building itself on the Scott Boulevard side, as the building served as a screen from lighting concerns. Walz said that the Building Official would review with him any specific screening requirements for the northern area. Cress asked if the screening would be fairly low-growing and tolerable to snow and Walz replied that Cress would be able to choose the species, though a certain percentage of the screening would have to be evergreen. Jennings asked what the peak times for his business were. Cress said that they vary, but that they generally include times when there are shift changes for Proctor & Gamble and Lear. He said that there are peaks from 3 PM to 4 PM, and then again from 4 PM to 6 PM. Cress said that there are some drive-time peaks when people are going to and from work, but that the biggest peaks were generally in the late afternoon. Cress noted that the flow of traffic at the intersection of Court Street and Scott Boulevard has been much smoother since the City installed turning lanes and stoplights a few years ago. Cress noted that he lives on the east side of town. Sheerin opened the matter for public comment. No one wished to speak to the issue, so Sheerin asked for a motion. Eckstein moved recommend approval of EXC10-00012, an application submitted by Cress Investments for a special exception to add one gas pump island to the existing facility on property located in the Neighborhood Commercial (CN-1) zone at 340 Scott Court. Jennings seconded. The public hearing was closed, and Sheerin invited findings of fact. Eckstein addressed the specific standards. Eckstein found that under the current conditions the screening does not meet current zoning code and that criteria will need to be met in order for the applicant to move forward with the proposal. The vehicle stacking spaces are adequate as are the parking facilities. The setback is appropriate, being at least 10 feet from any street right- of-way and 100 feet from any residential zone. The lighting is in compliance with the code and the screening will be improved in order to meet current code requirements. The current light sources are within the 15 foot range required by the code. Jennings addressed the general standards. He found that current public roads providing access to the property are designed to accommodate the levels of traffic generated by CN-1 uses. Scott Boulevard and Court Street are both arterial roads. Scott Court provides access only to the commercial properties within the CN-1 zone. Screening is an issue and must be brought into compliance with zoning requirements in order to ensure that the specific proposed exception will not be injurious to the use and enjoyment of other properties in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. The impact of the filling station on neighboring properties is minimized by the fact that the gas pumps are facing the interior of the commercial zone, toward Scott Court instead of Court Street or Scott Boulevard. Additionally, distance and landscape screening will minimize views of the gas pumps from residential properties. The canopy lighting will be reviewed by the Building Official to ensure compliance with current code requirements. Board of Adjustment February 9, 2011 Page 5 of 6 Sheerin stated that at this time the proposed exception would impede the normal and orderly development and improvement of the surrounding property; however, if the screening is brought into compliance then that criterion will be satisfied. There are adequate utilities, facilities and drainage in place, and Scott Court is designed to support the levels of traffic generated by the subject use and surrounding uses in the zone. Sheerin stated that the specific proposed exception satisfies the requirements for ingress and egress because vehicle access to the subject property is restricted to Scott Court. The specific regulations and standards will be met once the application has been submitted for a building permit and the Building Official has reviewed the site plan. The use is consistent with the Comprehensive Plan which identifies the property as appropriate for Neighborhood Commercial uses. Sheerin noted that the screening is currently not sufficient along Scott Court and Court Street, and the present light is mounted at 14'6". Sheerin called for a vote. A vote was taken and the motion was approved 4-0. Sheerin declared the motion approved and stated that anyone wishing to appeal the decision to a court of record may do so within 30 days after the decision is filed with the City Clerk's Office. EXC10-00013: Discussion of an application submitted by Center City LLC for a special exception to allow off-site parking for a mixed use building for property located in the Central Business (CB-10) zone at 328 E. Washington Street. Walz stated that the staff was deferral until the next meeting as there was a discrepancy with the interpretation of the zoning code. Walz explained that the applicant is required to go through a special exception process for a related issue and staff recommended deferral so that both matters could be considered by the Board simultaneously. The applicant has agreed to defer. Greenwood Hektoen advised the Board to make a motion and vote on deferral. Eckstein moved to defer EXC10-00013 until such time as the applicant wishes to move forward with it. Grenis seconded. A vote was taken and the motion carried 40 (Plagge absent). Eckstein stated that throughout the staff report numbers there are 19 parking spaces discussed; however, the application is for 20 parking spaces. Walz said that was an error on the applicant's part, noting that a new staff report will be prepared when the matter is considered. BOARD OF ADJUSTMENT INFORMATION: None. ADJOURNMENT: Jennings moved to adjourn. Eckstein seconded. The meeting was adjourned on a 4-0 vote. W ~ ~ 0 N W ~ ~ 0 W ~ Q Z N 0 Q ~ Z ~ W Q ~ ma v N T l~ N r O r ~' r O r M r ti to M r M N X X X X N w ~ Cfl ~ N M ~ ~~ ~- O ~ O ~- O r- O ~- O wa N ~ N ~ N ~ N ~ N ~ F-X ~ ~ ~ ~ ~ w o 0 0 0 0 C ~ ~ ~ ~ N ~ ~ ~ U W C ~ •~ cu L m c a (~ c ~ ~ W L ~Q Y ~ ~ •- ~ ~ o = cv o Z m m ~ Q U E 0 ~O ~ o NZ ~ ~ a> U p~ ~ ~ ~ N c ~ ~ ~ ~ ~ ~ (~ ~ ~ Q Z O a Q n n Z iinw~n XOOz w Y IP9 IOWA CITY TELECOMMUNICATIONS COMMISSION DRAFT MONDAY, JANUARY 24, 2010--5:30 P.M. PUBLIC LIBRARY MEETING ROOM A MEMBERS PRESENT: Hans Hoerschelman, Gary Hagen, Nolan Klouda ,Laura Bergus MEMBERS ABSENT: Saul Mekies STAFF PRESENT: Mike Brau, Bob Hardy OTHERS PRESENT: Beth Fisher, Emily Light, Josh Goding, Michael McBride, Doug Frank, Lee Grassley, Rick Karnes, Josh Eklow RECOMMENDATIONS TO CITY COUNCIL None at this time. SUMMARY OF DISCUSSION Frank reported that Mediacom is working to improve customer service. Repeat service calls should be escalated to higher level technical service employees and it appears that has not happened on some occasions. In March channels 23-78 will transition to digital transmission. Customers who need a digital converter will be provided one lease-free. The change will be communicated to the public by letters, cross channel spots, and print. Hardy asked when the basic tier will move to digital transmission. Frank said Mediacom has not yet decided. Hoerschelman said that it is important that subscribers be fully aware that the digital converters need to be returned to Mediacom when service is terminated. Frank said they are telling subscribers the converters are lease-free. Digital converters will be mailed to subscribers upon request. Hoerschelman asked if Mediacom had any plans to provide video service over the Internet so subscribers could view programming when not at home. Frank said there are no plans at this time. Hardy said that with respect to the Triennial Review that service issues seem to the area of greatest concern. Hagen noted there are two national surveys that indicate Mediacom's customer service does not rank as high as most other cable and telecommunications providers. Hardy said the public hearing also shows that the City needs to better inform the public that the City can intervene and act on behalf of subscribers. Hoerschelman said that communication regarding outages is also an area that needs to be addressed. Hoerschelman said he would be interested in looking at Mediacom's outage logs to determine if they occur in some locations more than others. Hagen said that given the degree of advertising of the public hearing there were not a lot of complaints. Hoerschelman said the final Triennial Review report should include a statement that the City would like to have competition. Hardy said each Commissioner should prepare and forward to him ideas for a report summary. Hagen said Mediacom should be asked if they want to have some input in the report. Hoerschelman said the final report should also include something about the reports of poor public service expressed at the public hearing. Hardy said the Commission needs to consider how to use the report. The Commission may wish to make a presentation to the City Council, for example. Hardy said he will develop some ideas on how to use the Triennial Review report. APPROVAL OF MINUTES Bergus moved and Klouda seconded a motion to approve the December 20, 2010 minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS Klouda introduced himself. He said he has been in Iowa City for a year and a half. Klouda has a MA in public administration and has a particular interest in infrastructure issues. SHORT PUBLIC ANNOUNCEMENTS None. CONSUMER ISSUES Hardy referred to the complaint report in the meeting packet and noted there was a complaint regarding wiring new construction. Mediacom had not installed cable at the time other utilities laid lines. The developer had requested service but the franchise stipulates that a service request must be from a subscriber. MEDIACOM REPORT Frank reported that Mediacom is working to improve customer service. Repeat service calls should be escalated to higher level technical service employees and it appears that has not happened on some occasions. In March channels 23-78 will transition to digital transmission. Customers who need a digital converter will be provided one lease-free. The change will be communicated to the public by letters, cross channel spots, and print. Hardy asked when the basic tier will move to digital transmission. Frank said Mediacom has not yet decided. Hoerschelman said that it is important that subscribers be fully aware that the digital converters need to be returned to Mediacom when service is terminated. Frank said they are telling subscribers the converters are lease-free. Digital converters will be mailed to subscribers upon request. Hoerschelman asked if Mediacom had any plans to provide video service over the Internet so subscribers could view programming when not at home. Frank said there are no plans at this time. UNIVERSITY OF IOWA REPORT McBride distributed UITV's annual report executive summary. Students submitted 52% of all programs. About 70 fewer programs were produced than two years ago. This reflects a change in focus to more fine arts programming and more complicated productions. Fewer programs relating to athletics are being produced as a result of the creation of the Big 10 Network. KIRKWOOD COMMUNITY COLLEGE No representative was present. PATV REPORT Goding reported that PATV has yet to receive their annual funds from Mediacom. PATV is in the process of installing and testing a digital playback system. The guidelines workshop has been rescheduled to the first Mondays of the month at 7 p.m. Anew class in operation of the new high definition camera is available by appointment. The next board meeting is February 17 at 7 p.m. Planned programs include Tom's Guitar Show at Uptown Bill's, and the Iowa Cultural Corridor annual awards presentation at the Englert. PATV staff produced 20 community programming programs in the last quarter. SENIOR CENTER REPORT Light reported that over the past year 50 new programs were produced. Senior Center Television (SCTV) continues to produce 4 hours of programming each month that show on the City Channel and two hours a month on PATV, Coralville, and North Liberty. A redesigned website (icsctv.net) offers SCTV programming online. A number of SCTV programs are serials, including Friends and Neighbors, War Stories, and Street Talk Raw. Anew editing station updated with the latest version of Final Cut Pro as been installed. A training session on placing programming on YouTube was recently offered to SCTV volunteers. LIBRARY REPORT Fisher reported that the Community Television Service recorded a number of forums on the 21 ordinance and legislative forums in October. The One of a Kind series will record episodes featuring Bob Elliot and Steve West. The library continues to record and cablecast programs from the International Writing Program. ICCSD REPORT Due the length of the Triennial Review public hearing Hoyland had to leave prior to the school district section of the meeting. Fisher said that Hoyland asked her to report that the school district has purchased the Press Citizen building. Anew communications director has been hired and may attend the next Commission meeting. CITY CHANNEL REPORT Hardy reported that a new program is being developed featuring the City Manager. Some progress has been made on the national legislation to protect local access programming known as the CAP Act. TRIENNIAL REVIEW Hardy said that service issues seem to the area of greatest concern. Hagen noted there are two national surveys that indicate Mediacom's customer service does not rank as high as most other cable and telecommunications providers. Hardy said the public hearing also shows that the City needs to better inform the public that the City can intervene and act on behalf of subscribers. Hoerschelman said that communication regarding outages is also an area that needs to be addressed. Hoerschelman said he would be interested in looking at Mediacom's outage logs to determine if they occur in some locations more than others. Hagen said that given the degree of advertising of the public hearing there were not a lot of complaints. Hoerschelman said the final Triennial Review report should include a statement that the City would like to have competition. Hardy said each Commissioner should prepare and forward to him ideas for a report summary. Hagen said Mediacom should be asked if they want to have some input in the report. Hoerschelman said the final report should also include something about the reports of poor public service expressed at the public hearing. Hardy said the Commission needs to consider how to use the report. The Commission may wish to make a presentation to the City Council, for example. Hardy said he will develop some ideas on how to use the Triennial Review report. ADJOURNMENT Bergus moved and Hagen seconded a motion to adjourn. The motion passed unanimously. The meeting was adjourned at 7:50. Respectfully submitted, ~~ Michael Brau Cable TV Administrative Aide IP10 IOWA CITY TELECOMMUNICATIONS COMMISSION TRIENNIAL REVIEW PUBLIC HEARNG DRAFT MONDAY, JANUARY 24, 2010--5:30 P.M. PUBLIC LIBRARY MEETING ROOM A MEMBERS PRESENT: Hans Hoerschelman, Gary Hagen, Nolan Klouda ,Laura Bergus MEMBERS ABSENT: Saul Mekies STAFF PRESENT: Mike Brau, Bob Hardy TRIENNIAL REVIEW PUBLIC HEARING Hoerschelman said that while the City has no legal authority regarding Mediacom services other than cable TV, the Commission is willing to listen to any concerns the public has. The first commentator said that she has had problems with the signal quality of her cable TV service since she moved into her home in July 2009. In the past 19 months she has had IS service calls and has called Mediacom technical support 30-40 times. She could report problems twice a week if she called each time there were technical problems. Her cable TV signal frequently is pixilated and the image and sound do no synch up. Communication about her history of technical problems is not communicated when her call is escalated so she must go though the technical service call protocol from the start each time. Since July 2009 she has had 4 different converter boxes and had her wiring replaced. She has not been offered a 2-hour call window. In one case she had an appointment window beginning 10 a.m. but the technician did not arrive until 3:30 and the problem was not fixed when he left. Her digital video recorder fails if the picture becomes pixilated. The commentator has never had problems like this in other communities she has lived and said this is not the level of service that should be tolerated. Hagen said he has been on the Commission for 6 years and there have been few problems that have not been quickly resolved. This case seems to be highly unusual and the level of patience the subscriber has exhibited is remarkable. Hoerschelman asked if Mediacom offered billing credits for her problems. The commentator said no one ever offered any credits but credits were given if she asked. The commentator said one technician informed her that some of the converters had defects. Rick Karnes confirmed that they had had problems with some converters. The second commentator said that she has had problems with her converter box. When she called in a service request a technician informed her that a new box was available but was not offered one by the customer service representative. In another instance she experienced a service outage but Mediacom would not take any action immediately because they did not believe that service was out for more subscribers than just her when, in fact, the entire neighborhood was without service. The customer service representative was rude. Hoershchelman said that the Commission is aware that Mediacom's automated phone system often informs callers there are no outages in an are when, in fact, there are outages affecting multiple subscribers. Further, Mediacom customer service representatives often do not know about outages. Bergus said this situation is a good illustration why subscribers should encourage their neighbors to call in outages so Mediacom will respond. Hardy said this is a common complaint that customer service representatives do no know of outages. A third commentator said that she has experienced many of the same problems as the first two commentators and in her discussions with others it seems those problems are frequently experienced all over town. The commentator said that she had ongoing problems with signal quality and the technicians were unable to fix the problem. The commentator had to make multiple calls and become aggressive before her problem was escalated. When ahigher-level technician checked he found that a squirrel had chewed on a wire. Prior technicians claimed they had checked the wiring. The commentator said that it is experiences like hers and the others who have spoken that Mediacom's customer satisfaction ratings are so low. Hoerschelman said the City has a phone number to help subscribers with problems. The commentator said she did not know she could call the City for assistance until now. That number needs to be better publicized. A fourth commentator said when she initiated service she was offered a great deal. She called Mediacom to verify the service and charges and found out she was receiving services she did not order. Her signal was poor and had many of the problems other commentators experienced. Her phone and Internet service was frequently out. The technicians came out manly times and just replaced her modem and converter boxes but it never resolved the problem. The subscriber asked about the nature of the franchise agreement. She said that consumers have no choice and service will not improve until they do. Hardy said that the scope of the franchise agreement is limited by federal law and is impacted by state franchise law. The goal of the Triennial Review is to look at the franchise agreement and see if the level of service provided is up to a certain standard. Hagen said that having a choice of cable TV providers is a goal shared by the City. In the past the City has tried to interest a competitive provider to provide service in Iowa City. The third commentator said the important issue is what can be done to improve service and why has something not been done already. Hardy said the state passed legislation to encourage competitors in 2007 but it has not resulted in competitors to enter the market. It is difficult for a competitor to overbuild an incumbent operator and be successful financially. Some telephone companies are offering cable TV service. The fourth commentator said that she appreciated the ad in the newspaper publicizing the public hearing and said the City needs to get more feedback from subscribers. Mediacom's advertisements are difficult to understand and misleading. Hoerschelman said that perhaps it is time for the City to conduct a public opinion survey. The fourth commentator said the vast differences in what different subscribers pay for the same service due to the discount structure is a problem. The third commentator said that a customer service representative said that she couldn't believe that the commentator was paying as much for service as she was. The fourth commentator said the rate structure seems to intentionally obfuscate how much a subscriber will be charged. The third commentator said that Mediacom customer service representatives do not know what other representatives have discussed with them. There is no tracking of communications with subscribers. The second commentator said that technicians often don't arrive within the four-hour repair window. A fifth commentator said he had heard of a case where it took five days before a technician was sent to repair a problem. The third commentator asked what kind of comments were received at the last Triennial Review. Hardy said the last Triennial Review was different than this one in that it was during a franchise renewal proceeding. A rebuild of the system was then in progress. Technical conditions change quickly and it is hard for the franchise agreement to anticipate those changes. Grassley said Mediacom is working to improve their customer service. New people have been hired to make changes. Hagen said that the commentators have not wasted their time and the comments have been heard and considered. The input will be helpful to Mediacom and the City in working to improve service. Bergus thanked the commentators and said the Commission found the comments useful in better understanding some of the problems and how service could be improved. Hoerschelman moved and Hagen seconded a motion to close the public hearing. The motion passed unanimously. Adjournment was at 6:28 p.m. Respectfully submitted, M~jr~ Michael Brau Cable TV Administrative Aide IP11 PLANNING AND ZONING COMMISSION PRELIMINARY FEBRUARY 17, 2011 - 7:00 PM -FORMAL CITY HALL, EMMA HARVAT HALL MEMBERS PRESENT: Ann Freerks, Josh Busard, Charlie Eastham, Elizabeth Koppes, Wally Plahutnik, Tim Weitzel MEMBERS ABSENT: Michelle Payne STAFF PRESENT: Bob Miklo, Karen Howard, Sara Greenwood Hektoen, Sarah Holecek, Christina Kuecker, Loren Ditzler OTHERS PRESENT: Mel Cannon, Sarah Lynch, Karen Michaell, Robert Wolf, Bob Elliot, Andrew Lynch, John Moreland, Reinhard Beichel, Jane Driscoll RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 6-0 (Koppes abstaining) to recommend approval of REZ10-00018, a rezoning of approximately 2.17 acres located at the southwest corner of Taft Avenue and Scott Boulevard from Neighborhood Commercial (CN-1) to Planned Development Overlay Low Density Multi-Family (OPD-RM12) and SUB10-00017, a preliminary plat of Windsor Ridge, Part 22, a 2-lot, approximately 5.51-acre subdivision located at Taft Avenue and Court Street subject to the following conditions: • Compliance with the submitted building elevations; Payment of the fair share of the improvements to Taft Avenue (12.5%) • The maintenance and construction of parking spaces within the city park being the responsibility of the developer and homeowner's association The replacement of any trees removed in the city park due to the construction of the parking spaces. The Commission voted 7-0 to recommend approval of ANN11-00001/REZ11-00004, an application submitted by ILJ Investments for annexation and rezoning from County Agricultural (A) zone to Intensive Commercial (CI-1) zone for approximately 12.65 acres of property located on the north side of Mormon Trek Blvd, northeast of its intersection with Dane Road subject to a 20-foot wide landscape buffer along the north property line that at a minimum meets screening standards and a 30-foot high or less limitation on outdoor lighting. CALL TO ORDER: The meeting was called to order at 7:00 PM. Planning and Zoning Commission February 17, 2011 -Formal Page 2 of 16 PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. COMPREHENSIVE PLAN ITEM: Public hearing to amend the Comprehensive Plan to the Southeast District Plan for property generally located south of Court Street, east of Sycamore Street 8~ First Avenue, north of Highway 6, and west of the city's eastern growth boundary. Howard stated that the Southeast District Plan resulted from two years of planning and public input. The redevelopment planning for the Towncrest area was incorporated into the planning process for this district. Howard explained that the Comprehensive Plan is divided into ten planning districts. The Southeast District Plan will be the seventh district plan to be completed. The Southeast District Plan is divided into six sections which have goals and objectives associated with each topic. The goals and objectives were determined through the feedback received at public planning meetings and focus groups, and are intended to incorporate the public input gathered over the last several years. Housina and Neighborhood Quality: For planning purposes, staff divided the Southeast District into several "neighborhoods:" the Court Hill Neighborhood, the Windsor Neighborhood, Towncrest Neighborhood, Village Green Neighborhood, and the growth area outside the city limits. The Court Hill Neighborhood is generally south of Court Street, east of First Avenue, and north of Muscatine Avenue. This neighborhood includes a number of different features, the most prominent of which is probably Ralston Creek. Hy-Vee and the commercial area on the corner near it are valuable assets to the community. This neighborhood has been developed for some time and has nice tree-lined streets and a pleasant neighborhood atmosphere. The Court Hill Trail system, which runs along Ralston Creek, was recently completed through the neighborhood. The City has received a lot of positive public feedback about the trail. The Southeast District Plan includes goals and objectives for completing all aspects of the trail and providing better signage for the neighborhood. The Towncrest Neighborhood is just south of the Court Hill Neighborhood, generally south of Muscatine Avenue and north of the Iowa Interstate Railroad. This neighborhood surrounds the Towncrest commercial area and includes some large institutional uses, such as Mercer Recreation Facility and Southeast Junior High. Howard said this area represents a mix of residential and institutional uses and has a gridded street pattern with small to medium-sized homes along tree-lined streets. There was a lot of discussion about how to improve the Towncrest area in both the larger public workshops and in the planning meetings specifically focused on the commercial area. The main topics of public discussion were the poor management and maintenance of some of the multi-family units in the area and the need to revitalize the Towncrest commercial center. There were discussions about the possibility of new housing opportunities resulting from the revitalization of the Towncrest commercial area. The impacts of the large institutional uses on the surrounding neighborhoods were also a topic of discussion. There were concerns expressed about the traffic resulting from Southeast Junior High and the activities at Mercer Recreational Center. Planning and Zoning Commission February 17, 2011 -Formal Page 3 of 16 The Village Green Neighborhood is a unique neighborhood in Iowa City. At the time the area was developed, the idea was to have a single ring-road with single family homes clustered around village greens. As the development extended further south, it changed to a different kind of housing; attached units and condominiums with back-yard ponds and front-yard greens. There are attractive new homes, both single units and attached, still being built in the southern portion of the Village Green Neighborhood near the railroad, and one concern expressed about this neighborhood is the proximity of the industrial area to the residential homes. Howard said that there is a need to ensure a wider and more effective buffer as development occurs along the railroad corridor in new neighborhoods. For existing areas like Village Green, one of the ideas is to grow taller, quick-growing species, such as poplar trees, for screening when the space between the housing and the industrial area is limited. The Windsor Neighborhood represents the far eastern side of the district and is almost to the edge of the city's growth limit. Taft Avenue forms the eastern boundary of the neighborhood, Court Street the northern boundary, American Legion Road is the southern boundary, and Scott Boulevard is the western boundary. Scott Park takes up a large area of the neighborhood and is a prominent feature of the neighborhood. The Windsor Ridge Neighborhood is formed around a central, linear park system which is greatly appreciated by residents of the area. One of the issues with the park and how it was designed with little street frontage and surrounded by private back yards, is that it is not very visible or accessible to the general public and there may be confusion about what is public open space and what is private. People have difficulty distinguishing the park from private back-yards. Howard said that this was lesson that should inform how future neighborhoods are designed with better visibility and access to any public open space. Howard shared a map that showed potential streets in the neighborhood and demonstrated how the streets would fill in as the area is developed back toward Scott Boulevard. Howard said that one of the problems with development at the edge of the city is that property owners or developers sometimes request to have land annexed that is not contiguous to current city limits. If approved, this results in what is sometimes called "leapfrog development." Some of that occurred in the Windsor Neighborhood. Howard said that leapfrogging increases the costs of providing services, extending utilities, and improving or extending city streets. Howard said that residents commented on the fact that American Legion Road has not yet been improved and does not have sidewalks. This leads to a lack of pedestrian friendly connections to other neighborhoods in the area. Howard said that a significant part of the plan concerns the future growth areas of the city. The City likes to have a plan in place for areas directly outside of its boundaries so that if and when a property owner wishes to develop that land and annex into the city there is already a vision for its possible uses. Howard said that people sometimes misunderstand and think that the plan represents an exact design for future streets and home lots. Some are also concerned that the City will come in and develop their property. Howard said that contrary to these concerns, the intent of the district planning process is to provide a concept that incorporates best planning practices, establish goals and objectives, and provide guidance for property owners, developers, and elected officials as land is proposed for urban development. Howard said that the area to the south is intended for industrial land. Specifically, the concept plan for the growth area in the Southeast District includes opportunities for new employment areas in the city as well as a mix of housing, public open space and neighborhood institutions. Howard explained that some higher density housing could be clustered along single loaded streets along park edges to provide better access and views of park land without a loss in residential density potential. Howard also explained that if land to the east of the manufactured housing parks along Scott Boulevard is annexed into the city, the manufactured housing parks would most Planning and Zoning Commission February 17, 2011 -Formal Page 4 of 16 likely have to be annexed as well. Howard said that while there was no intent to change the manufactured housing park, the plan does address what type of development would be appropriate if the property owner or future property owner decides to redevelop the property in the future. Similar to other areas, the plan states that if the area were to redevelop that it would be beneficial to allow a mix of housing types, including high density single family and multi- family. Howard said that another concern for the area is to ensure good street connectivity between neighborhoods to prevent isolated pockets of development that do not have good access to neighborhood services and amenities. The plan map shows how streets could be extended through the manufactured housing park to provide connections to new neighborhoods that develop to the east. Howard said that staff had received a lot of questions about what is meant by the "employment area" shown on the concept plan for the eastside growth area. The plan does not show specific zoning designations for undeveloped areas, but rather outlines a variety of zoning options that would result in a good transition from the industrial zone to the south and the residential uses to the north. A general employment area could be a variety of lower intensity commercial uses, such as: office research, light manufacturing, cottage industries or incubator businesses, restaurants or service businesses, or large institutional uses such as a church, school, or daycare. Commercial: There is quite a bit of commercial development in the Southeast District. The commercial section of the district plan is divided into several sections: the Sycamore Mall/ 1St Avenue Commercial Corridor, Towncrest, and some smaller commercial areas along Scott Boulevard and at the corner of Court Street and Taft Avenue. Public comments indicated that residents of the Southeast District appreciated the improvements that had occurred at Sycamore Mall, but wanted to see the area continue to thrive. She said that there had been some concerns expressed about deterioration of some of the properties along First Avenue. Howard said there was an interest in doing some comprehensive planning for this area similar in nature to what had been done at Towncrest. The plan also addresses the issue of Kirkwood Community College and the potential need for expansion of their facilities. Howard said that she would not go into too much detail about the Towncrest area as that plan has already been reviewed by the Planning and Zoning Commission and adopted by the City Council. She said that in general it is a plan for revitalization of the Towncrest commercial area that encourages reinvestment and redevelopment. The small commercial area along Scott Boulevard near Highway 6 is sandwiched between industrial areas. Howard said that it may be a place where some limited retail occurs in the future mostly to serve the adjacent employment and industrial areas. Howard said that there is a tiny commercial node at the corner of Court and Taft which calls for a town square model with a green space in the center and neighborhood-oriented commercial spaces and mixed uses. Howard said that the intention was for a primarily residential use with small-scale commercial to serve the neighborhood. The Southeast District contains the largest industrial employment area of the city. The area to the west of Scott Boulevard is largely developed with industrial uses while the area east of Scott Boulevard is still developing. The area is important for industry because it has good access to Planning and Zoning Commission February 17, 2011 -Formal Page 5 of 16 arterial streets and it also has access to the Iowa Interstate Railroad, which is a main east-west freight line. The city's goal is to continue to expand opportunities for new businesses and new employers to move to Iowa City and to reserve sections of industrial land for large users. The plan also calls for continuing to improve surrounding streets to make them conducive to truck traffic. The idea is to extend and expand Taft Avenue to provide a more direct route to Interstate-80 to take some of the pressure off of Scott Boulevard. There is also a marketing focus placed on encouraging green businesses to move to the area. One of the main emphases of the plan is to minimize conflicts between industrial and residential areas, providing better buffers between incompatible uses. One of the main ideas for a buffer is to develop a park along the Snyder Creek watershed that would separate the industrial to the south from the new neighborhoods that might form to the north. This would also be a substantial amenity for residents and for future employees of the businesses in the area. Parks Trails and Open Space: One area of emphasis is the continued expansion of the trail network. The district has a number of large and small parks. One idea is to make Mercer Park and Scanlon Gym more of a community center, and to upgrade the park facilities. There are also some plans for improvements to Court Hill Park. There was a lot of discussion from the Village Green neighbors about the desire to better coordinate the use of the private greens in their neighborhood. Howard noted that those greens are private pocket parks, not public parks, so that goal would be one for the local homeowner's associations. Scott Park serves as storm-water management for Ralston Creek and provides trail links between the Windsor Neighborhood and the Court Hill Neighborhood. The City would like to continue to develop those trail links. The park system in Windsor Ridge has limited access and visibility for the general public, which could be improved by better signage and trail connections. As the neighborhood south of American Legion Road develops, the plan calls for a new park along Snyder Creek. Streets and Transportation: The plan notes a number of imminent improvements to the arterial street network in the district. The biggest transportation concern expressed for this district was the need for the railroad overpass on First Avenue, and questions about when that was going to occur. Howard said that the overpass is an expensive project, but that the City has secured most of the funding for the project. The hope is that the project will move forward soon. The City has determined that a traffic signal is warranted at the corner of Scott Boulevard and Muscatine Avenue. The Cit~r will be upgrading that intersection in the near future. It is also in the process of upgrading 420 Street to serve the industrial area. In the long-term, there is a goal to improve Taft Avenue and connect it to Interstate-80. Transportation objectives in the plan include: making sure that new and improved streets are complete and serve pedestrians, bicyclists and vehicular travel; that as new neighborhoods develop they are served by swell-connected street network. Also that swell-connected trail network is important, with improved opportunities for pedestrians and bicyclists. Workshop participants indicated that trails are viewed by the public as transportation corridors not just recreational paths. Plan Map: The plan map outlines what the uses are now and gives a sense of the direction for possibilities in the future. Planning and Zoning Commission February 17, 2011 -Formal Page 6 of 16 Howard asked if the Commission had any questions. Freerks noted that Howard had given the Commission a memo outlining minor changes to the plan that had been made since the last Commission work session. Eastham asked if there was a way to be more specific about school and park locations in the growth area. Howard said that because at this point in time, the City has no way of knowing exactly where a school might be located by the school district, the plan is simply conveying the good planning principle of locating a school central to the new neighborhood that is developing. She said the idea behind locating a school next to the park is demonstrating the principle of shared facilities and enhanced learning environments. The planning for a school site done by the City is intended to indicate sites that would meet good planning principles, of central location and accessibility to area residents. It provides a starting place for discussions with the School District, if a new school is needed in the area in the future. Freerks opened the public hearing. Mel Cannon,1108 Village Farm Court, President of Village Green Homeowners' Association, said that he had a question about what the City has in mind for the private green spaces. Howard said the City does not have anything in mind for those spaces because they are private. However, the residents that came to the planning workshops expressed an interest in getting together with other neighbors in the area and seeing if there were more amenities that the neighborhood wanted to add to the greens. Howard said that the only reason the greens are mentioned in the plan is because they are a prominent feature of the neighborhood and there was a need expressed for small centrally located pocket parks or playgrounds. Miklo said that staff had heard from some families that thought it would be nice to have some play equipment for young children and perhaps some park benches. Miklo said that the plan acknowledges that decisions about the private greens would be a function for the homeowners association. Cannon said that he had attended the planning meetings and the issue keeps coming up. He said that the neighborhood association has already conducted their own internal survey and found that there was a concern that playground equipment would attract an outside element and pose a legal liability that the association is unwilling to accept. Cannon said that he wished to convey that their wishes are that nothing be done to the green spaces. Greenwood Hektoen clarified that the green spaces are owned by the homeowners' association and the City has no ownership interest in them. Cannon said that nevertheless this keeps coming up. Howard said that it came up because some Village Green residents brought it up and it is in the plan simply to reflect that public input. She said she recognized that it might represent a minority of Village Green residents. Cannon said that he believes that the people who requested such changes to the greens were probably not actual residents of Village Green, and were likely residents of Village Green South, a nearby neighborhood that has no greens of their own. Howard said that her understanding is that there are actually a number of homeowners' associations for that neighborhood. Cannon said that he represents Parts 1-13, and simply wanted to provide the Commission with clarification on the matter. Sarah Lynch, 1033 Chamberlain Drive, said that she is part of the Chamberlain Drive area that is not included in the homeowners' association Cannon was speaking of. She said that her neighborhood does not have a park within its boundaries, and she really wanted to emphasize for future development how important it is to have parks and or schools in a neighborhood to give children a place to play. Karen Michaell, address unknown, said that she had not heard anything about the Towncrest redevelopment plan since the last Southeast District planning meeting. She said that at that Planning and Zoning Commission February 17, 2011 -Formal Page 7 of 16 meeting there had been a tot of objection to the proposed plan for having a religious institution as the visual anchor for the development. She asked if the plan had moved forward with the Church of the Nazarene as its visual anchor in spite of public input. Miklo explained that the urban renewal plan that was ultimately adopted by the City Council was silent on that type of use and that while the church was located in the area it is not a focal point of the plan. Robert Wolf, 110 Hummingbird Lane, said that he is the owner of Modern Manor, and friend of the owner of the adjacent manufactured home park. He said that between those two manufactured home parks there are close to 500 families that the City is looking to throw out. Howard said that there is no intention of throwing anyone out, and the plan shows the area as manufactured housing. Wolf said that the way Howard was talking earlier it sounded to him like the City intended to tear everything down and start over. Freerks said that the Commission had never discussed that and that was not the intent of the plan at all. Wolf said that the families in the two manufactured homes would like to know different if and when the City does that. Freerks said there are no plans to do that. Bob Elliot, 1108 Dover, asked if Town and Campus would be able to be improved or removed in this plan. Miklo said that the City has been working with the current property owner to improve the management of the complex. The plan talks about the possibility of improving the existing buildings or redeveloping a part or all of the development. Miklo noted that that would depend on the cooperation of the owner. Miklo said that the concern about the physical design of the property is that it is very inward looking with very little exposure to the street. The interior apartments do not have good access to public parking or the streets. The complex has been a policing issue, so the staff has looked into some alternatives that include opening up the site to the public streets and possibly taking some buildings down. Miklo said that what will happen depends a lot on the owner's prerogatives and how they wish to deal with the property. Elliot said that the area has been increasingly problematic, but he is also concerned for the residents of the property who may not be able to afford to live anywhere else. He asked if it was correct that the City helped people who were living at the current Hy-Vee site to relocate when that facility went in. Miklo said that was partially correct. The developer of the property provided funding for residents of that trailer park to relocate and the City administered it; Eagle Foods actually provided that funding. Elliot said that when he moved to Iowa City he actually lived in Town and Campus Apartments and it was a very nice complex, and the courtyard effect was very pleasant. He said that he is concerned about the low-income residents being able to find other suitable housing, and he really feels that it could be a nice complex again if it were improved. Plahutnik asked if it would be out of order for him to make a small comment about the concept of a district plan and Freerks said she did not think it would be. Plahutnik said that the whole concept of the district plan is based on a sort of wish-list that was developed through public input that is combined with best zoning practices with an eye toward the future. He said the concept of a district plan is that if everything worked out just the way we wanted it to, then this is what the residents of that area would like to see. Plahutnik said that bulldozing buildings and specific redevelopment items are not being considered. Rather, the plan represents swish-list to guide the Commission in its future zoning considerations. The Commission will then be able to ask itself as matters come before it: does this fit in with what the people of Iowa City wish to see for this area and does this fit in with good zoning practices? Freerks noted that in terms of the manufactured housing park there is a plan to widen and expand streets to provide connectivity throughout neighborhoods, which could result in some dislocation. She reiterated that this is simply a concept that shows what would need to be done if connectivity is a primary goal. Planning and Zoning Commission February 17, 2011 -Formal Page 8 of 16 Howard said that the plan should be thought of in terms of "what if?" What if someone decides they want to do something different with their land? What if a farmer decides to retire and sells the land to a developer that wants to build homes? The City is trying to put a plan in place so that as land develops the city grows efficiently and cohesively rather than haphazardly. She said that the plan is not a hard and fast road map, rather along-term vision for the area. Andrew Lynch, 1033 Chamberlain Drive, said that he understands the wish-list concept, but there were some concrete actions that the staff had indicated were in the works, such as the train overpass. Lynch asked staff to give a quick listing of improvements that are planned for the area in the next few years. Howard said that the City Council controls how money is spent and generally capital improvement dollars are spent to improve the infrastructure of the city. Howard said that the improvements along Muscatine Avenue and the Muscatine/Scott Boulevard traffic signal are in the works. Miklo noted that not all of the funding for the overpass has been secured, but that the remaining funds are in the Capital Improvements Plan over the next couple of years. Howard said that because the overpass is such an expensive project, federal funding had to be secured. She noted that the City is in the process of improving 420`h Street, though there are no immediate plans to upgrade Taft Avenue. The City owns industrial land in the district and is constructing the necessary infrastructure to make it available for businesses wishing to locate in Iowa City. The City is, of course, involved with the Towncrest revitalization. Lower Muscatine Road in front of Kirkwood Community College is also scheduled to be improved in the next year. Mel Cannon, 1108 Village Farm Court, noted that he had misspoken, clarifying that his homeowners' association actually represented Parts 1-12. He asked if the City allows lighting along trail systems in town. He noted that the plan shows a sidewalk being widened in the northwest corner of Village Green which is currently private property. Cannon said that having the sidewalk widened would be great, especially if some lighting came along with it. Howard said there are typically standards for where lighting is placed; however, Cannon might want to bring it up to Public Works or the City Council. Cannon said that it had been requested before. He said that it is a very long block, and it would be very nice to get an additional streetlight, especially if there is going to be a trail through there. Howard said that her understanding is that if the majority of people along the block-face want an additional street light then there will be a consideration for it. There were no further comments and Freerks closed the public hearing. Freerks said that there is no rush to vote on the matter this evening, but it is a possibility. She noted that there is a related rezoning matter that will be coming up for the Commission. Eastham asked if the document needed to be adopted prior to the rezoning in question and Miklo said that it did not. Howard said that she believes that what is in the District Plan would be consistent with whatever zoning is adopted. Freerks invited a motion. Plahutnik moved to defer amendment of the Comprehensive Plan to adopt the Southeast District Plan until the March 3`d meeting. Koppes seconded. Freerks invited discussion. Planning and Zoning Commission February 17, 2011 -Formal Page 9 of 16 Eastham said that he had benefited greatly from all of the discussion that had taken place. Eastham said that he had raised some concerns about the need for connective streets for potential residential areas east of Modern Manor, noting that there are 500 very attractive homes in that area. He said he is still not sure how he wants to handle that problem. Eastham said that he also is not sure how to address existing residential units in the Towncrest area in the context of the plan. He said that he had appreciated all of the comments about those issues this evening. Plahutnik asked if any of the Commission members would be in favor of adjusting the language in the Village Green area as concerns the private greens. Koppes said that she would be in favor of deleting that language altogether. Freerks read the passage out loud, and Plahutnik said that in re-reading it he is not uncomfortable with it after all. Koppes maintained that deleting it would clean up the issue of perceived City involvement in those private spaces. Eastham said that he agreed with Koppes, and that plans can represent things that people come to anticipate, expect, or dread. Freerks suggested that specific language changes could be tweaked at an informal meeting. Eastham noted that another member of the public had indicated a desire to see small parks with playground equipment in the area, and wondered if that could be included in the plan somehow. Freerks said she thought that was something that is important to all neighborhoods and is a general aspect of the overall Comprehensive Plan. She said that it was certainly something that can be discussed further.. Freerks thanked the public for sharing their comments. Weitzel said he wished to emphasize that there is a lot of positive in the plan. A vote was taken and the motion carried 7-0. REZONING/DEVELOPMENT ITEM: REZ10-00018/SUB10-00017: Discussion of an application submitted by Arlington Development, Inc., for a rezoning from Neighborhood Commercial (CN-1) to Mixed Use (MU) zone and Planned Development Overlay Low Density Multi-Family (OPD/RM-12) zone and preliminary plat for Windsor Ridge Part 22, a 2-lot, 5.51 acre subdivision located at Taft Avenue and Court Street. Greenwood Hektoen noted that the Commission would be momentarily skipping Item D to consider Item E. She explained that Sarah Holecek could then leave following Item E, as Greenwood Hektoen would be recusing herself from that item. Koppes recused herself from the item as well, as she can see the area from her house. Kuecker explained that this is an application to rezone and subdivide this parcel; the subdivision would be into two lots. Lot 2 is proposed for Planned Development Overlay Low Density Multi- Family (RM-12) and the proposed zoning for Lot 1 is Mixed Use (MU). Kuecker said that the Mixed Use plan is not ready to come before the Commission, though the applicant is working with staff to finalize it. The Comprehensive Plan shows this area as a commercial node. When this area was originally rezoned the City Council expressed a desire for the parcel to be atown-square type of development. The market for that kind of commercial zoning is not there at present and the applicant feels the townhouse style units on Lot 2 and the Mixed Use units on Lot 1 would be better for the market there. The current zoning is Neighborhood Commercial which allows small Planning and Zoning Commission February 17, 2011 -Formal Page 10 of 16 scale retail and commercial services that would be common to a neighborhood shopping area. The OPD-RM12 zoning allows for Low-Density Multi-Family; the applicant is proposing four townhouse style buildings of six units each. The Mixed Use zone would allow for up to 35-foot tall buildings, with the ground floor built to commercial standards but could function either as residential or commercial. Kuecker briefly outlined the design details for the Mixed Use townhouse units. The applicant has proposed quite a bit of landscaping on site with a significant landscape buffer between the units and the future improvements on Taft Avenue. She noted that the planting of that landscaping would have to be done concurrent with the Taft improvements, and would have to be worked out between Public Works and the applicant at the time of site plan review. The applicant is proposing the placement of visitor parking along the parkland; that has been approved by the Parks Department so long as the homeowners' association is responsible for the construction, maintenance, upkeep, and snow removal for those parking spaces. Kuecker noted that Cardigan and Raleigh Lane are already private streets for which the homeowners' association is responsible, so the parking could be incorporated into that maintenance plan. Parks Department has also requested that if any of the trees currently planted in the park are removed or damaged they will be replaced with similar trees. Kuecker said that staff has found that the Mixed Use zoning and the RM12 zoning is compatible with the town-square model for this area. The proposed buildings provide a good frontage onto the park. Staff recommends approval of the subdivision and the OPD RM-12 portion of the application subject to the following conditions: • Compliance with the submitted building elevations • Payment of the fair share of the improvements to Taft Avenue (12.5%) • The maintenance and construction of the parking spaces within the city park being the responsibility of the developer and Homeowner's Association • The replacement of any trees removed in the city park due to the construction of the parking spaces. Staff also recommends the deferral of the Mixed Use portion on Lot 1. Kuecker shared a number photographs of different views of the property. Freerks asked if there was sufficient parking provided for the apartments. She said she wanted to make sure that the parking in the park did not become resident parking. Kuecker said that each unit has atwo-car garage in the rear with space for two more cars behind it. Weitzel asked if it was correct that the current vision was to have the units as all residential with the idea that the ground-floor units could become commercial if the demand arose. Kuecker said that the applicant has indicated that the present demand is for residential units, though there could be demand for small-scale commercial sometime down the road. Eastham asked what the state of the park-area is at this point. He said his impression of the park is that it is bare ground covered by volunteer grass and weeds. Eastham asked if the designated park area will be the space with the trees. Kuecker said that the area bounded by trees is the park area and has been approved and accepted by Parks and Recreation. Eastham asked if there was then no further need for public money to go into the park area. Kuecker said there may be some funding available for improvements because the developer will have to pay fees in lieu of parkland. There were no further questions for staff and Freerks opened the public hearing. Planning and Zoning Commission February 17, 2011 -Formal Page 11 of 16 The applicant, John Moreland, 960 Arlington, said that he has been involved with this property since 1993. Moreland said that when the property was rezoned to commercial in 1995, he had been fairly certain that Taft Avenue would be paved by the time there was demand for the property. Moreland said there has not been any demand for commercial property in the area. He noted that if the City is going to pave Taft, then, realistically, they will be paving all the way from highway 6 to Herbert Hoover Highway, which will cost millions and millions of dollars. Moreland said that the great expense of the project ensures that it will not happen for quite a long time. Moreland said that he and staff had been working on these plans for at least three months and have had a series of meetings to reach a point where they are all happy about what they have come up with. Moreland said that the commercial part of the project may take a while, but that the Mixed Use zone offers a lot of opportunities and possibilities. Moreland said that they have been working with the Parks Department to ensure that the parkland was ready for the City to take over. He said there had been a neighborhood meeting at Regina which went very well. He said that most of the neighbors expressed a preference for residential over commercial properties for that area. He noted that there was potential for this condominium association to combine with one down the road to keep maintenance costs down for both organizations. Moreland said that he has agreed to install and maintain the parallel parking at the park. He said that since Mixed Use has not been done before in Iowa City, he wants to make sure to take his time and get it right with that portion of the project. Moreland asked that the Commission consider voting on the matter at this meeting. He said that staff is happy with it, and the neighbors are happy with it so he would like to see it passed tonight. Reinhardt Beichel, 4833 Cardigan Lane, said that it is very important to have commercial spaces and preserve room for those commercial spaces. Beichel noted that there are lots of condominiums and families in the area which would provide support for commercial businesses. He said he would like to see a plan for both lots at once. He said he did not think the rezonings should be split, but should be considered simultaneously. He said that he would like to see a long-range concept for the entire property before a decision is made. Moreland said that he understood these concerns, but he has committed to making Lot 1 commercial/residential mixed use. He said the area is already designed, with the road going all the way around the park. Moreland said that he knows the market, and the lots need to be considered as two separate entities. Moreland said that it took several months to get to this month, and staff is happy with the progress that has been made. Moreland said it may take some time to get Lot 1 right, since that has never been done before. Moreland said that they have already sold several units, which is one reason they wish to move forward with the project as soon as possible. He said that the units have been purchased through a state program that assists first-time homebuyers. Moreland said he is committed to putting mixed use and commercial on Lot 1. Holecek noted that staff has suggested deferring consideration for rezoning on Lot 1. Until a rezoning is approved for Lot 1, it will remain zoned commercial. Holecek pointed out that the prior speaker's concern was about the preservation of commercial land. Eastham asked if it was correct that the property to the east of Taft Avenue is in the city's growth area and would likely be annexed once improvements to Taft were made. Kuecker confirmed that the city's growth area extends to approximately one-quarter mile east of Taft. Freerks asked about the flow of a transition from residential to commercial in the mixed use units. She asked if there was a process in place for informing neighbors when changes in ground floor use occur. Miklo said there is no process in place. He said that when residents purchase their units they should be aware that the ground floor units can be either residential or commercial. Miklo noted that the allowable commercial uses are similar to those in the Planning and Zoning Commission February 17, 2011 -Formal Page 12 of 16 Neighborhood Commercial zone, and so should be compatible with residential. He said that he believed that anyone buying into the neighborhood would be aware of that possibility. Freerks noted that often times those kinds of things are forgotten over time. There were no further comments from the public and the public hearing was closed. Freerks invited a motion. Eastham moved to recommend approval of REZ10-00018, a rezoning of approximately 2.17 acres located at the southwest corner of Taft Avenue and Scott Boulevard from Neighborhood Commercial (CN-1) to Planned Development Overlay Low Density Multi- Family (OPD-RM12) and SU610-00017, a preliminary plat of Windsor Ridge, Part 22, a 2- lot, approximately 5.51-acre subdivision located at Taft Avenue and Court Street subject to the following conditions: • Compliance with the submitted building elevations; • Payment of the fair share of the improvements to Taft Avenue (12.5%) The maintenance and construction of parking spaces within the city park being the responsibility of the developer and homeowner's association The replacement of any trees removed in the city park due to the construction of the parking spaces. Plahutnik seconded. Freerks invited discussion. Eastham asked staff if the commercial area on the northwest corner of Scott and Court developed after Scott Boulevard was expanded. Miklo said it did. Eastham said that he appreciates the comments about preserving commercial space in the area, but that he is also persuaded that Taft Avenue would need to be improved before the commercial area could be viable. Busard said that when Taft Avenue does get paved there is a good opportunity for future commercial, so he does not think that removing the commercial zoning from this property and making it mixed use will be doing the area a disservice. He said there will be ample opportunity for commercial development as the area grows. Miklo clarified that the Mixed Use zone is considered a commercial zone. Plahutnik said that the Commission is not voting on that commercial zone at this meeting. He noted that the parkland has been dedicated for a long time and was recently accepted by the Parks Department. He said he thinks it makes sense to make use of the park with some residential units in the area, rather than strictly commercial. Freerks said she is happy to see something get started in the area and likes the idea of potentially having mixed use in the area. She said she appreciated the suggestion that the Commission look at the property as a whole rather than in two parts, but felt as though the Commission was doing that even though the votes might take place on different nights. Freerks said she likes the idea of maintaining commercial space in that area, but is comfortable changing Lot 2 to residential. A vote was taken and the motion carried 6-0 (Koppes abstaining). Eastham moved to defer REZ10-00018, a rezoning of approximately 3.34 acres located at the southwest corner of Taft Avenue and Scott Boulevard from neighborhood Commercial (CN-1) to Mixed Use (MU). Planning and Zoning Commission February 17, 2011 -Formal Page 13 of 16 Weitzel seconded. The motion carried 6-0 (Koppes abstaining). Moreland thanked the Commission for voting on the matter, and said that getting the Mixed Use plan right may take a little time. ANNEXATION/REZONING ITEM ANN11-00001/REZ11-00004: Discussion of an application submitted by ILJ Investments for annexation and rezoning from County Agricultural (A) zone to Intensive Commercial (CI-1) zone for approximately 12.65 acres of property located on the north side of Mormon Trek Blvd, northeast of its intersection with Dane Road. Freerks thanked those who were waiting for this item for allowing the Commission to consider Item E first. Ditzler noted that the Commission had seen this application before so she would be brief with her comments. Ditzler noted that some questions had been asked at the last meeting about the impact of Intensive Commercial on nearby residences. Ditzler noted that the Commission had received a memo addressing those questions. She offered to answer any questions the Commission might have. Freerks asked if the language could be changed to read that lighting will be restricted to "30-feet or less." Koppes asked if it was correct that the glow from a light cannot go past the property line. Miklo clarified that the glow can cross the property line but must be is limited to one-foot candle. Eastham asked if it was correct that there is no required S3 screening on the south side of the property and Ditzler replied that it was correct. Miklo noted that it may be required on the south side depending on the use that goes in. He said that on the north side staff is recommending adding 10-feet to the required buffer area for a total of 20 feet. Eastham asked Greenwood Hektoen if the residential use goes away and becomes a park, then would the lighting and screening restrictions go away as well. Greenwood Hektoen said that the current standards are for property adjacent to residential; if the residential area became parkland then the residential requirements would cease to pertain unless they had been packaged in a conditional zoning agreement. If the conditions are not contained in a conditional zoning agreement, then whatever the zoning in place is at the time of the site approval process is the zoning used for consideration. Plahutnik summed it up as "the CZA holds." Freerks opened the public hearing. Jane Driscoll, spoke on behalf of her grandfather, George Dane. Dane owns the property at 4120 Dane Road SE, just north of the subject property. Driscoll noted that her property is slated to be future parkland. She said that while they know their property is within the city's growth boundary, they do not wish to be annexed at this time. Driscoll said that her family agrees with the staff recommendations as they reflect the use of her property as a residence as well as a park. Driscoll said that her family would like to see the Commercial Office Park (CO-1) zoning designation for the subject property, rather than the Intensive Commercial (CI-1) zoning being requested by the applicant. Driscoll noted that the land intensive uses allowed in the CI-1 are Planning and Zoning Commission February 17, 2011 -Formal Page 14 of 16 not compatible with residential and less intensive zones such as parks. A CO-1 would serve as a transition to the nearby industrial zone outlined in the Comprehensive Plan, and would be more compatible with the future and current uses of the adjacent property. Busard asked what the City's intention was in improving Mormon Trek. Miklo said that the intention was to improve Mormon Trek to open up this portion of the city to industrial development. This area is generally flat with good access to the transportation system which are good characteristics for industrial land. There were no further comments and the public hearing was closed. Busard moved to approve ANN11-00001/REZ11-00004, an application submitted by ILJ Investments for annexation and rezoning from County Agricultural (A) zone to Intensive Commercial (CI-1) zone for approximately 12.65 acres of property located on the north side of Mormon Trek Blvd, northeast of its intersection with Dane Road subject to a 20- foot wide landscape buffer along the north property line that at a minimum meets screening standards and a 30-foot high or less limitation on outdoor lighting. Weitzel seconded. Eastham said that one of the problems he has with this rezoning is that the Comprehensive Plan shows all intensive and commercial property in the area. Eastham asked if there was enough assurance on the part of the Dane family to warrant amending the Comprehensive Plan to reflect the future use of that property as parkland. Greenwood Hektoen said that she believed there was, as the family has dedicated the land to a trust to be held as parkland. She noted that that is a different discussion. Freerks said that revisiting the Comprehensive Plan to reflect the future park use might be a good idea at some point in the future. Freerks said that she believed the restrictions the Commission was placing on the rezoning are going to help alleviate some of the potential problems. She said that while Intensive Commercial might not be ideal for property adjacent a park, it is also not incompatible with it, and there are other things to consider. Weitzel said that the Commission is doing its best to make adjacent land uses compatible with one another. Eastham asked for a review of what the conditions for this rezoning would be. Ditzler said that the conditions are fora 20-foot buffer to the S3 screening standard along the north property line and a restriction to a maximum of 30-foot height for any exterior lighting. Busard said that this rezoning is in line with the Comprehensive Plan. He said that one of the things he wants to make sure of is that the Commission does not wind up placing restrictions to hinder development. He said that the City spent a great deal of money to improve this road, and it seems like some of the actions the Commission is taking in that area could be seen as discouraging development for the sake of one residence. Freerks said she did not think the Commission was discouraging development; rather it was attempting to improve the way development interacts with other properties and future uses. Weitzel said that the existing agreement has to be balanced with future agreements. A vote was taken and the motion carried 7-0. Planning and Zoning Commission February 17, 2011 -Formal Page 15 of 16 CONSIDERATION OF MEETING MINUTES• January 20 January 31 and February 3,.2011: Weitzel noted a typographical error in the February 3`d minutes. Weitzel moved to approve the minutes as amended. Eastham seconded. The motion carried 7-0. OTHER: None. ADJOURNMENT: Eastham motioned to adjourn. Weitzel seconded. The meeting was adjourned on a 7-0 vote Z O ~_ ~O ~~ OO VU Z ~ Z W ~- U `' N Q N ~ 0 Z Z a W C7 ~ Z a Z Z a J a X X X X O X X N N X X X X X X X W ~ r M N ~ L(') C'7 ~ ~ ~ ~ ~ ~ ~ X ~ o 0 0 0 0 0 0 W W ~ W } ~ m J J 2 a Z ~ N = V Z a . 2 ~ ~ W U Y ~ L !n ~ Z J ~ a Y w w ui ~ W W a ~ a z = ~ ~ cn cn w a } a - W a z ~ m a w ~ w o Y a a ~ a ~ C7 z H W W Q O M X X X X X X X N X X X X X X X ~ W ~ ~ M N ~ In M ~ ~ ~ ~ ~ ~ ~ wa ~ X ~n o ~n 0 ~ 0 ~n 0 ~.n 0 ~n 0 ~ 0 W W J ~ W } Q W J J 2 a Z ~ ~ 2 V z a _ 2 ~ O W U Y ~ ° a Y N ~ ~ W W Q ~ w a z = ~ ~ a v~ ~ v~ a w m a O } Q a ~ - W z m w w Y a a ~ z H W W J O z E 0 7 ~ d ~ o ~z ~ U p~ ~ w •~ E ~ a~ a~ ~, c ~ ~ ~~~~c~ ~~~o ~ ~ Q Z o n`.Qii nZ ii n W ~ n XOOZ w Y IP12 YOUTH ADVISORY COMMISSION DRAFT Sunday, February 13, 2011- 4:08 PM HARVAT HALL, CITY HALL Members Present: Jerry Gao, Alexandra Tamerius, Caroline Van Voorhis, Leah Murray Sam Fosse (arrived 4:15 PM) Members Absent: Matt Lincoln Staff Present: Marian Karr, Ross Wilburn Others Present: None CALL TO ORDER: The meeting was called to order at 4.08 PM. MINUTES: Tamerius motioned to approve the minutes, Van Voorhis seconded the motion. The motion passed unanimously, 4/0, Fosse and Lincoln absent. AWARD OF RECOGNITION GRANTS Commission Members introduced themselves. Temporary Chair Gao reviewed the creation of the Commission, special events, and Commission make up. Tamerius reported on other grants awarded by the Commission. Recognition Subcommittee members Gao and Tamerius presented youth recognition grants (certificate and check) to Regina students Michael Sueppel and Andrew Yowell. Gao reviewed the process for the grants, and stated he was impressed with the overall quality of the essays. Tamerius stated she was impressed that the applicants spend the time to get quality individuals for their references, and not just teachers. City Council Liaison Wilburn thanked family and friends who attended with the grant recipients. Wilburn reviewed the background of the creation of the Commission, their work in developing the process for this grant, and encouraged young people to become involved with the Commission. Commission Member Fosse arrived, introduced himself, and apologized for being late. Temporary Chair Gao explained the Commission receives an agenda packet prior to the meeting outlining items and stated the Commission would now proceed with the agenda items. City Clerk Karr noted extra agendas were available by the door. UPDATE ON VACANCIES: The Commission currently has the one Tate vacancy. City Council Liaison Wilburn said he minded the counselor guidance at Tate of the vacancy and hoped we would receive applications. Tamerius noted that one issue that has come up both with applications for grants and with membership is the need to live within the city limits. BUDGET UPDATE: a) 2011 BUDGET City Clerk Karr noted the funds have been allocated for empowerment grants and recognition grants and that money was available for forums and website & advertising. b) 2012 REQUEST City Clerk Karr reported that Council had tentatively included the $3250 funds requested in the budget: $250 - Website and Advertising $2000 -Youth Empowerment Grants $500 -Youth Forums $500 -Recognition Grants A public hearing on the City budget is scheduled for February 15, with adoption of the budget scheduled for March 1. City Council Liaison Wilburn reported that he did not anticipate any decrease in the funds YOUTH ADVISORY COMMISSION February 13, 2011 Page 2 of 4 and that Council was very impressed with the presentation to them and acknowledged that the decision to reduce the amount requested from previous years was noticed. City Council Liaison Wilburn clarified the decision to do a community forum or discussion is up to the Commission, noting one was done last year for the curfew. City Clerk Karr noted the forum budget was reduced to $500 in FY12. Members noted that the entire forum budget was not spent in FY 10 and was the reason the forum budget had been reduced. SUBCOMMITTEE REPORTS: ^ The Commission discussed the Grant Programming Subcommittee. Tamerius reported that GLOW was making more shirts and taking orders as a result of receiving the YAC grant. ^ Gao stated there were no new updates on Website and Advertisements. The Commission next discussed the Youth Recognition Grant and possible changes for the next year. Tamerius suggested the Commission ask the recipients what they thought of the process. A parent asked how the grant was advertised. Commission Members explained that they attempted to get information to all the junior highs in Iowa City but the procedure ended up to be more successful at Regina than the other junior highs because the Regina complex had both the junior high and high school together and Commission Member Lincoln was a senior there and responsible for reading the announcements every morning. No other members or junior highs had the same connection. Van Voorhis noted that the School District has hired someone to handle communications. City Council Liaison Wilburn sate that Kate Moreland had been hired as the Director of Communications and will be charged with getting the word out to the buildings and the community. Recipient Michael Sueppel stated he thought the application process was pretty straightforward. After discussion of the essay question itself, the general agreement was to add more of an emphasis to "you" in the question gain more personal insight. Van Voorhis suggested asking for personal examples of leadership. Tamerius suggested the Commission keep tweaking the question rather than changing the question. Gao noted that several of the references came from the same sources, and suggested reducing the number of references (per applicant) to one. Tamerius stated she liked having two in the event one reference was pretty vague, noting you may not know what to expect if you never asked before. Van Voorhis and Murray supported retaining two references. Gao suggested two shorter essays and one reference letter. Fosse stated he felt what was done this time worked well. The Commission agreed to retain one essay and two references. City Clerk Karr stated discussion could continue at future meetings with no action necessary until the grant is offered next year. Gao reminded the Commission of the proposal to offer a $250 bond rather than a check next year. New subcommittee appointments: Van Voorhis was added to grant programming; Murray to Website & Advertising; and Fosse to Recognition Grant. In response to Murray, City Clerk Karr reported that the website is updated with members, alumni, and grant information. However, the site had a dated video and suggested looking at updates and enhancements to the site. Gao noted the Commission had spent money for Facebook advertising in the past. The Commission agreed to review other youth websites at the next meeting. Karr reminded the Commission that no more than three members could serve on a subcommittee, as four members would constitute a quorum. ^ Global Village email: Gao referenced the email from Lisa Barnes, Ex. Dir. of Summer of the Arts regarding YAC participating in the Global Village. Gao and Karr stated the Commission had done the event two years ago which is held the first Saturday in June. Groups select a country and are responsible for activities for the day which could include music, food, arts and crafts. Karr noted the event is well attended, and marks the first Saturday of the Summer of the YOUTH ADVISORY COMMISSION February 13, 2011 Page 3 of 4 Arts events. She added the event is a commitment of time for members but could be viewed as an advertising event for YAC as well. Each group commits to the full day and is given the choice of country. There is an advantage in picking early and getting the country requested and often have some supplies available. City Clerk Karr will follow up and get further confirmation on the specific day, what countries are available, and the hours of the event. City Council Liaison Wilburn said it is a good way to increase visibility for the Commission but is not required; and suggested other possible ways to volunteer for various summer events to create Commission visibility. In response to Temporary Chair Gao, City Clerk Karr noted that the event had been a separate budget item in earlier budgets and the Commission decided to focus on grants and forums rather than this event. Discussion continued on whether such an event could utilize advertising funds from the budget. City Clerk Karr will provide more information for the next packet. Tamerius said she would be interested in doing something "crafty" for the global village booth or on some other Summer of the Arts events. CITY COUNCIL UPDATE: Wilburn reported on Council matters as follows: - budget public hearing on February I S - issues that may lend to forum or participation positions such as curfew location of affordable in the community red light/traffic lighting issues relocate Farmers market into pedestrian mall (in 2012) City Council candidate elections (check with CA re Commission sponsoring a forum) City Clerk Karr pointed to the email from Council Member Bailey re the "DoSomerthing.org" website, and suggested Commission Members review the site prior to the March meeting. MEETING SCHEDULE: The Commission set a date of Sunday, March 6 at 4:00 PM. for the next meeting Tamerius motioned to adjourn, which was seconded by Van Voorhis. The motion to adjourn passed unanimously, 5/0, Lincoln absent. Adjourned 4:55 PM. Minutes submitted by Karr. Z O ~o ~~ ~U Owe U~~ ~-WN N Q W ~ Z } Q W H H Q O m M X X X X O X N X X X X X X ~ d ~ M ~ M M M ~ M r- M ~ M r- ~ M W X N N N N N N N H W ~ r- ~ .-. ~ ~ Q ~ U ~ ~ ~ Z >, ~ ~ ~ ~ c ~ ~ ~ ~ ~ ~ ~ ~ f ~ c~~ V d n a +~ m oa c a d 7 O ~ CJ O v?~ W~~ +~ _ ~ m ~ m ~ ~ N N a`aaZZ II II ~ II II XOpZ Y TRIENNIAL REVIEW OF CABLE TELEVISION SERVICE PROVIDED BY MEDIACOM COMMUNICATIONS CORPORATION PREPARED BY THE IOWA CITY TELECOMMICATIONS COMMISSION MARCH 2011 INTRODUCTION The Iowa City Cable Ordinance defines the primary concern of the Triennial Review is to ensure that "in particular whether the grantee is supplying a level and variety of services equivalent to those being generally offered at that time in the industry in comparable market situations." But historically it is clear the previous Telecommunication Commissions have also seen the Review as an opportunity to examine and appraise the performance of the current cable television provider. The previous Triennial Review was conducted in 2003 and focused on examining issues related to the pending 2005 franchise renegotiations. For efficiency, it was decided in 2001 that the 2003 Review would merge the scheduled reviews of 1999 and 2003 into a "5th year" document as opposed to the routine 3rd and 6th year reports. For a variety of reasons, completion of the 2008 Review was delayed and for this reason it has been decided that this Review will merge the 2008 and 2011 Reviews in the same fashion. Four areas of interest have been reviewed. These include: 1. PROGRAMMING ISSUES: The kind and diversity of programming currently being offered by the cable provider. 2. FINANCIAL REPORT: Financial issues including a comparative discussion of rates for programming, equipment rental and other services, the revenue derived from franchise fees and other franchise based agreements and the impact of the future conversion of Iowa City's municipal franchise into a state franchise. 3. TECHNICAL REPORT: An overview of the current technical state of the Iowa City cable system. 4. SERVICE ISSUES: A discussion of the quality of service provided to cable subscribes and other relevant groups in the Iowa City community. In addition, Summary Comments have been provided by Iowa City Telecommunication Commissioners at the end of the document. On completion of the Review, the Cable Ordinance allows the City Council the opportunity, based on recommendations from the Telecommunications Commission, to modify the franchise after the fact if an agreement has been made with the grantee to update or upgrade the cable service or technology. The Iowa City Telecommunications Commission, after careful consideration, has found no cause or reason to recommend change to the current cable franchise agreement at this time. This Triennial Review will also serve to satisfy requirements of the Iowa City Telecommunication Commission's bylaws (Article VI Section 2) which state: "The Commission shall conduct evaluations of the system at least every three (3) years, with the grantee, and pursuant thereto, make recommendations to the Council concerning system improvements and amendments to this Ordinance or to any franchise agreement." 2 I. PROGRAMMING ISSUES Three "pressing issues" related to Mediacom programming were thought to be relevant in the most previous Review. These included "Maintenance of community access channels; the addition or subtraction of networks from the cable lineup; and procedures for more smoothly communicating lineup changes to subscribers." A. Access Channels Currently the number and location of access channels on the Iowa City cable system is the same as existed in 2002. The 2005 franchise agreement provides for seven channels all located in the basic tier, including channels 4,5,10,11,17,18 and 21. Of these, two channels are city government, one channel library, one channel educational, one channel public, and two channels college level organizations. All access channels are listed on the digital information bar with varied use by the different channels of the expanded information capacity available to provide program information. Pass through funds are currently being used to pay for expanded program information for the City Channels, the Library channel and PATV. The creation of a State franchising process in 2007 created the eventuality of the statewide conversion of municipal franchises to less demanding State franchises. If such a conversion were to occur in Iowa City, it is likely that changes impacting on local access channels would also occur. Yet provision has been made in the State law to maintain the number of local channels currently available by providing that: " ...the holder of the certificate of authority for that municipality shall designate a sufficient amount of capacity on the certificate holder's communications network to allow the provision of a comparable number of public, educational, and governmental channels that the incumbent cable provider in the municipality has activated and provided in the municipality under the terms of a franchise agreement with a municipality prior to July 1, 2007." In part, the creation of a State franchising process occurred to facilitate the potential of telephone companies to provide video service in competition with existing cable providers. Such services are often based on Internet Protocol Television (IPTV) delivery systems such as AT&T's U-Verse. This does raise some concern. Many reports of blatant discrimination against local access channels, such as "burying" access channels in hard to find computer like menus or low quality computer-like presentation formats have been reported in communities using IPTV. Complaints to the FCC about this process have yet to be addressed and pose a threat to the viability of local channels. A desire by Mediacom to expand available digital transmission space in 2008 resulted in discussion between the City and the company regarding a move of some access channels to the digital tier only. This change would have required revision of the Iowa City 2005 Franchise Agreement. But Mediacom abandoned talks and this change did not occur. More recent discussions (December 2010) with Mediacom indicate that it is their intent to leave all access channels in Iowa City at their current channel positions and to provide these channels to customers in both analog and digital versions. This is dissimilar to the practice in many other Iowa communities where access channels are being systematically moved to digital only service and relocated in the "80s" channel locations, the so called "digital basic." At the same time, it should be noted that these "digital only" moves are concurrent with Mediacom's provision of free digital converters to all customers for all televisions in their homes. B. Channel Lineups Appendix H of the current franchise agreement (see Appendix A) identifies eighteen categories of programming required to be available on the system. Examples of each program type can be found represented in the current lineup. But it is probably equally useful to review current channel availability in the more general guidance of: "Franchisee shall provide a good mix of entertainment and information programming generally available to the cable television industry, taking into account the needs and interests of the population of the City of Iowa City." (§ 10 A) In general, networks available on Mediacom's Iowa City channel lineup represent most of the top cable networks available with an acceptable mix of program types that might be expected. At the same time programming being offered in Iowa City is consistent with other Iowa cities as it is currently Mediacom's policy to centralize head-ends and to provide the same national programming to all communities in their Iowa system. For this reason most cable network programming in Iowa City originates in Des Moines, most broadcast networks and their local affiliates' programming originates in Cedar Rapids and local access programming, with the exception of Kirkwood, originates in Iowa City. This system distribution strategy results in little opportunity for inequity in Mediacom programming offered in their various Iowa markets. The basic tier is the City's main regulatory concern. Currently the basic tier is comprised of 19 channels. Eight (8) channels are broadcast/must carry channels; seven (7) channels are local access channels, one super-channel (WGN Chicago), one shopping network (QVC), CSPAN 1, and the Mediacom Channel, MC22, which originates in Cedar Rapids. Two (2) channels, 14 and 16, are no longer available on the basic tier. As an analog channel occupies space roughly equal to 12 digital channels, the space occupied by channels 14 and 16 on the analog tier have been allocated to digital only for HD and broadband use. In the basic tier, "(t)he needs and interests of the population of the City of Iowa City," as stated above, seem dependent primarily on regulatory obligations, i.e. the must carry law and local access channels required by the franchise. These "local interest" channels represent 15 of the 19 channels of the basic tier. But it should be noted that Mediacom's MC22 also provides some local, regional and state coverage. And it might be said that the addition of the Big Ten Network to the lineup resulted from considerable community pressure, including loss of customers, expressing a strong community desire to ensure that University of Iowa sports programs continued to be available on the system. Market considerations such as competition and programming cost, especially retransmission fees, might be identified as the most significant current influence on future channel selection for the lineup. A case in point is the recent and continuing surge of High Definition (HD) channels being added to the Iowa system to directly compete with satellite offerings. Unfortunately, a review of the new channels being offered seems to indicate a focus on quantity verses quality of program offerings. At the same time programming cost are significantly increasing as broadcasters and other program providers are asking for considerable price increases for their programming. As to be expected, these retransmission and programming cost increases drive customer cost up as well. In addition, new non- traditional program viewing opportunities are emerging resulting in free or lower cost programming alternatives such computer based distribution models like "Hulu" and/or individual rental program distribution strategies like Netflix. Competition created by alternative distribution strategies compromises the cable industry's potential customer share. Recent discussions with Mediacom representatives confirm their concern that the growing cost of programming and alternative viewing opportunities will continue to have a significant impact on their competitive position in the larger media marketplace and will significantly influence long-term goals for the company. C. Communication of Channel Lineups In this section the previous Commission report revisited customer communication issues related to the channel changes in 2002, irrelevant to this report. Amore general discussion of this issue can be found in the Service section of this report under "Quality and Accuracy of Information Provided to Current and Potential Customers." D. Leased Access Though §X B of the franchise stipulates that the "Franchisee shall offer leased access channels at such terms and conditions and rates as may be negotiated with each lessee subject to the requirements of 4 Section 612 of the Cable Act," the franchise ordinance requires at §12-4-27 A that "The Grantee shall maintain at least one specifically designated channel for leased access uses." Currently no specific channel has been set aside, but Mediacom reports that it is prepared to negotiate leased access space on a case- by-case basis. No issues have been reported to the City related to leased access. II. FINANCIAL REPORT A. Consumer Rates 1. Basic Tier Television serves a central role in the information needs of citizens and for many is as an essential service as the telephone. All cable subscribers receive the basic tier service. For these reasons the City is committed to making the basic tier as affordable as possible. The City is certified to regulate rates for the basic tier (channels 2-22) pursuant to FCC rules and formulas. Basic tier rates have remained fairly stable since 2004 when the rate was $11.75. The rate declined to $11.48 in 2007 and again to $10.94 in 2009. (See Appendix B, Chart A) The decline in 2009 can be attributed primarily to the conclusion of a 5- year period in which the public access operating subsidy plus interest were amortized. This practice ended in 2003 and since then has been properly recovered through the rate basis annually as an operational expense. Mediacom's 2010 rate filing was approved by the City and raised the basic tier rate to an operator selected rate of $12.95 with a maximum permitted rate is $14.22. Mediacom's new rate structure was effective August 1, 2010, but Mediacom chose to implement the increase December 1, 2010. The 2010 rate increase can be attributed solely to Mediacom's retransmission consent fees being included in the rate base. In previous years Mediacom had, for some reason, not included those fees. Mediacom will recover retransmission consent fees for the period from April 2009 to December 2009 at a rate of $1.42 per subscriber per month and for January 2010 to July 2010 at a rate of $1.68. Although Mediacom has chosen to increase the basic tier by 18% rather than the permitted 30%, the $3.28 difference can be recovered through the rate base beginning December 2012. Iowa City basic tier rates are well below national averages but about average on a per channel cost. In 2005 the national average was $14.14 for 26.4 channels ($0.54 per channel). In 2008 it was $15.18 for 26.8 ($0.57 per channel). Iowa City rates in 2005 were $11.75 for 21 channels ($0.56) and $11.48 for 21 channels ($0.55 per channel) in 2008. Basic tier rates are still well below Mediacom's basic tier rate for the unregulated adjacent unincorporated areas of Johnson County with has an identical channel lineup. That rate is $25.95, a difference of $13 per month. An estimated 11 % of all Iowa City subscribers receive only the basic tier. In 2011 this group will save about $308,880 compared to the unincorporated surrounding areas. 2. Expanded Basic Tier Mediacom's rate structure and channel offerings are typical of cable operators across the nation. The Federal Communications Commission's most recent report on cable TV prices show that in 2008 the expanded basic tier, the most commonly subscribed to service tier, averaged 72.8 channels at a charge of $49.97 for noncompetitive systems. Iowa City rates in 2008 were $54.95 for 77 channels. Mediacom's rate in 2011 is $61.95 for 70 channels. A survey of rates across Iowa by the City Cable TV Office in May 2005 showed that in 2004 Iowa City's cost of $0.61 per channel was about in the middle of Iowa systems and just slightly below the national average of $0.6251. Per channel cost in 2011 is $0.89. In the 2008 FCC rate report the per-channel metric is no longer used due to concerns with its validity as a means of measuring value to the consumer. Between 2002 and 2011 rates have risen by $25 or 68%. Adjusted for inflation, rates have increased by 49.4%. (See Appendix B, Chart A) Iowa City rates have consistently exceeded the national average. In 2002 Iowa City rates were 1.4% above the national average. Since then annual differentials have been 5.1 %, 7.1 %, 6.8%, 5.9%, 9.9%, and 10.7% respectively. In short, Iowa City rates are not only higher than the national average but also show an increasing disparity over time. Mediacom officials repeatedly informed the City that the cost to acquire programming was increasing substantially during this time and was a major factor exerting pressure for higher rates. FCC data indicates that between 2004 and 2007 the national average for programming costs accounted for about a half of the increase in rates. Programming expenses increased by an estimated 6.9 percent, 8.3 percent, and 9.5 percent, respectively, for each of the three years. The monthly cost per subscriber for programming costs was $12.46 in 2004, $13.32 in 2005, $14.73 in 2006, and $16.09 in 2007. Rates have been shown to be less in communities with competition from a second provider and in communities with a municipal cable provider. The May 2005 survey of Iowa rates indicate that municipal systems in Iowa are about 16% less than noncompetitive systems such as Iowa City. FCC surveys found that communities with effective competition from a second wireline cable operator rates from 2005 to 2008 were 23.3%, 18.3%, 11.5%, and 11.5% less respectively. 3. Digital Tier The FCC analysis of digital tiers, defined as the most highly subscribed to digital tier plus the cost of equipment necessary to receive it, indicates that digital tier rates for Iowa City are somewhat less than the national average. In 2010 Iowa City rates were $13 ($10 plus $3 for a converter) for 51 channels, or about $0.26 per channel. In 2008 the national average was $14.16 for 40.4 channels, or about $0.35 per channel. Converter box charges in Iowa City, subject to local rate regulation, are well below national averages. Converter boxes in Iowa City are $3 ($6 in unincorporated Johnson county) compared to a 2008 national average of $5.10. If the Iowa City converter box rate were the 2008 national average, the digital tier rate would be $15.10 or about $0.29 per channel. 4. Equipment and Service Call Charges The City also regulates charges for equipment rentals and service calls. FCC rules permit multi-system operators to calculate the maximum permitted rate for these charges using figures from a sample derived from all their systems. Thus, Mediacom's calculations are not determined by actual costs in Iowa City. Municipalities are not generally able to incur the cost and time it would take to verify the figures on the FCC form. Iowa City rates for converter box rentals are less than the national average. In 2008 the national average was $5.10. In Iowa City the fee was $3.00, where it remains in 2011. In unincorporated Johnson County the fee is $6. National averages were $5.34 in 2007 and $5.14 in 2006. Iowa City rates were $5.60 in 2007 and $6.60 in 2006. Iowa City rates for service calls are very close to national averages. To install service at an unwired residence the national averages from 2006. 2007, and 2008 were $45.99, $45.84, and $44.86 respectively. Iowa City rates were $48, $45, and $45. To install service at a pre-wired residence the national averages were $32.47, $32.80, and $32.36. Iowa City rates were $32, $29, and $29. Mediacom has generally chosen to charge less for equipment and service charges than the maximum permitted rated allowed as calculated according to FCC rules. B. City Revenues 1. Franchise Fees Mediacom pays the City a franchise fee of 5% of gross revenues. Franchise fees are collected directly from subscribers and are included as a line item on their bills. In 2002 the franchise fee amounted to $570,906. In 2010 it is projected to be $675,742. As previously noted, rates charged to subscribers have significantly outpaced inflation since 2002. However, adjusted for inflation the franchise fee has remained remarkably stable. Franchise fees are up about 1 % since 2002. (See Appendix B, Chart B). This can be attributed to a decline of about 2,000 subscribers during that time. (Some of the subscriber loss can be attributed to apartment complexes negotiating discounts with Mediacom and Mediacom counting those subscribers in a way that reflects revenue rather than potential viewers.) The City has closely monitored 6 revenue streams subject to franchise fees. In 2007 franchise fees were not paid on all advertising revenues. Upon City notification Mediacom corrected the underpayment and about $50,000 was recovered. 2. Local Programming Fee The City collects a local programming fee of $0.55 per subscriber per month. This amount will be increased to $0.60 in August 2011. Prior to 2006 the fee was $0.50. This fund supports the Community Television Service, community programming, and grants for local access channels. Due to declining subscriber counts the actual revenue collected fell slightly from $114,325 in 2002 to $111,754 in 2009. Projected revenue for 2010 is $121,763 up nearly 9% over 2009. This increase in subscribers runs counter to the trend in Iowa City from 2001-2009 and the national trend of small subscriber losses year after year. Adjusted for inflation, the local programming fee has declined by 10% between 2002 and 2010. (See Appendix B, Chart B) Assuming no change in the number of subscribers, the increase of the fee to $0.60 in 2011 will increase expected revenue to $129,600, which, adjusted for inflation, is a 3% decline over 2002. 3. Public Access Subsidy Mediacom pays an annual fee indexed to the consumer price index for support of public access operations. In 2010 the fee was $216,091. If Mediacom elects to convert to astate-issued franchise upon expiration of the municipal franchise in 2018, this revenue stream will not be available to the City. C. Potential Financial Consequences of Changes in the Legal Environment 1.State-Issued Franchise In 2007, the Iowa General Assembly adopted astate-issued franchising procedure. This law provides that if a video service competitor obtains astate-issued video service franchise for the Iowa City cable television market Mediacom, as the incumbent operator, can select to convert their municipal franchise to a less demanding State-issued franchise. In addition, and regardless of competition, at the end of the current cable franchise agreement, the cable provider may either choose to renegotiate their municipal franchise or may select to obtain a State franchise. In either case, a move of the incumbent cable service provider to a State franchise means that all provisions of the municipal franchise would be no longer valid, including those provisions that govern the franchise fee or other negotiated compensation. In the event that a conversion to a State franchise occurred before the expiration of the current franchise agreement, both Mediacom and a competing provider would be required by State law to continue to pay franchise fees and other franchise based compensations. These payments would be the same amounts defined in the discontinued Iowa City municipal franchise until August 1, 2018, the date the current franchise would have ended. On that date compensation levels will change for though Iowa City will continue to receive a 5% franchise fee from all providers, the revenue subject to assessment will be redefined, resulting in an estimated 12% loss or about $82,000 per year. Also, when the term of the current franchise expires in 2018, and presuming that Mediacom elects to obtain astate-issued franchise, the City can no longer require funding for public access services or the local programming fee. Currently this funding amounts to about $338,000. 2. FCC Franchise Ruling In November 2007 the FCC issued a Report and Order that retroactively applied a prior Order that stipulated that all compensation required by a municipality in a franchise agreement was subject to the statutory 5% limit. At that time, the City of Iowa City contributed to a coalition of municipalities and national local government organizations that challenged the Order in court. In October 2008, the U.S. Court of Appeals for the 6th Circuit ruled for the FCC and against municipalities. The FCC did, however, expressly state that the new Order did not give cable operators the right to unilaterally breach existing franchise obligations and hoped that franchising authorities and cable operators would "work cooperatively to address those issues." Nonetheless, the FCC did not provide any guidance on how to reconcile their Order with existing franchise agreements, presumably leaving the issue to the courts. As far as can be determined no legal challenges to existing franchises agreements based on the 2007 Order have been initiated in any jurisdiction. III. TECHNICAL REPORT A. Overview Since 2003 cable TV technology has rapidly advanced. Digital transmission, new in 2003, will entirely replace analog transmission by Federal mandate in 2012. In 2003 programmers providing channels in high definition were rare and Mediacom was just beginning to offer them. Today, high definition is quickly becoming the norm. In 2003 the plant had just been upgraded to 860 MHz from 550 MHz, adding about 35 channels. There are no current plans to increase the plant beyond 860 MHz. Today, the expanded basic tier offers about 70 channels, 15 digital basic (included in basic tier and available to televisions with a digital tuner) a 51 channel digital tier, a 10 channel digital sports tier, 41 premium movie channels, 8 pay-per-view channels, 28 high definition channels included in the expanded basic tier, and 7 high definition premium movie channels. System channel capacity limitations will nearly be eliminated in 2012 when all signals are digital. During this period of major technological change, Mediacom has generally kept pace with other cable operators across the country in implementing new technologies, generally introducing these technologies after early adopters proved them in the marketplace. However Mediacom has had its challenges in implementing new technologies, encountering a number of persistent technical problems in 2008 and 2009. Synchronization problems between images and sound, digital pixilation, sound level variations, poorly functioning "video on demand" service, and the loss of channels were common across the system. These problems have been addressed and the overall signal quality seems to have stabilized at a level comparable to that before the digital transition began, with a concurrent decline in the number of related complaints to the City Cable TV Office. B. Technical Review Federal Communications Commission rules codified at C.F.R. §76.605 require cable operators to conduct periodic technical tests. Mediacom's franchise agreement with the City requires them to supply a copy of the test results to the City as well as other documents needed to make an informed evaluation of Mediacom's technical performance. The City made a formal request to Mediacom to provide the documents that could be required under their franchise agreement in a letter sent September 30, 2008. Mediacom supplied copies of those test results on January 9, 2009. The City requested additional information by email on November 25, 2008 and again, for the same information, on January 9. 2009 and June 30, 2009. Mediacom did not respond to those requests. C. Signal Leakage The test data provided indicate that Mediacom has conducted the required testing and has met the minimum FCC standards. Two tests to be done at the head-end in Cedar Rapids were not included, however there is no reason to believe the test were not done or did not meet FCC standards. The FCC requires cable operators to file FCC Form 320 annually in which requires cable operators to report any significant signal leakage and to document ongoing testing for leaks. Mediacom has filed those documents with the FCC, which are available on the FCC website. Mediacom has made improvements in their Cumulative Leak Index (as measured for the Iowa City, Coralville, University Heights, Hills, and unincorporated Johnson County system) over the past few years and despite a few isolated large leaks, the system is basically tight. D. System Design Mediacom's franchise agreement with the City requires the system be designed to certain specifications. One specification requires that there be no more than 500 subscribers per node. The number of subscribers per node is perhaps more significant for Internet service than video service because the more subscribers using the Internet service per node results slower speeds. As the demand for bandwidth grows, the need for fewer subscribers per node increases. Mediacom's FCC Form 325 for 2006 (the last year the FCC made this information available) indicates Mediacom had an average of 830 subscribers per node for the Iowa City area system, which includes neighboring communities. A review of the plant map in 2008 showed there were 58 nodes in Iowa City. That would indicate about 263 subscribers per node. The franchise agreement also requires the system to be designed so there are no more than 5 amplifiers in a cascade. The review of the current system map found no amplifier cascades of 5 or more. E. Subscriber Drops Most of the plant that carries the signal to subscriber drops has been replaced since 2003. The oldest and most vulnerable part of the distribution system is individual subscriber drops, particularly the connectors. Replacement of drops and connectors is not systematic and occur mostly when a problem is encountered. Old connectors are a common source of deteriorated signal quality. Subscribers can often improve their signal quality by ensuring a tight fit for connectors or replacing old connectors. Subscribers can check the quality of their cable drop if they have Internet service from Mediacom. For details see Appendix C. F. Adherence to Industry Standards The American National Standards Institute and the Society of Cable Telecommunications Engineers has developed a standard for the digital transmission of cable television signals. Mediacom did not respond to requests for information asking if they were meeting this standard. High definition transmissions vary in quality depending on the standard utilized. Mediacom compresses high definition signals at a 3:1 ratio, which maximizes signal quality over higher compression ratios other cable television providers are known to use. Mediacom also did not respond to requests for information describing the high definition standard they use. G. Subscriber Equipment 1. Converters As cable television technology transitions to digital transmission, set-top boxes and converters will play an important role in subscriber's viewing experience. Interactive features, such as an interactive program guide, pay-per-view, video on demand, and program recording depend on rented set-top converters. At this time any cable television service other than the basic tier (channels 2-22) and the Family Package (channels 2-78) requires a converter or a television with a digital tuner. After 2012 those customers without a digital tuner in their television set will need a digital to analog (DTA) converter. Mediacom has indicated they will provide as many DTA converters a subscriber needs free of charge. Though Mediacom no longer offers analog transmissions to new customers, they have decided to continue to maintain the analog delivery system in Iowa City. Converters utilized by Mediacom are similar to those deployed by other cable operators across the county. 2. Digital Video Recorders Mediacom, like other cable operators, were unable to keep up with demand for digital video recorders for some time after the service was first offered, with demand outstripping the ability of manufacturers to supply them. Digital video recorders are now usually available to any subscriber wishing one. H. Bandwidth Mediacom's cable-infrastructure supports high-speed Internet and telephone services in addition to cable TV. But Federal law does not allow City's to oversee Internet and telephone services. For this reason, this review does not directly address those services. Nonetheless, it should be kept in mind that the allocation of system bandwidth to one service impacts the amount of bandwidth available to another. Until 2012, when all video transmissions in the USA will be digital, Mediacom faces potential shortages of bandwidth necessary for all of the services they are attempting to offer. And for this reason, some related issues should be considered. Providing high definition signals has been a recent priority for Mediacom, in part, to enhance their competitive position with satellite providers who face few limitations on their ability to transmit high definition programming. Due to limited available bandwidth and a difference in technologies, Mediacom has been unable to provide as many high definition channels as satellite providers. In general, satellite providers and fiber to the home providers offer over 100high definition channels. But according to a recent report, Mediacom only offers 35 high definition channels to at least 50% of their subscribers (wide distribution) and another 14 HD channels to fewer than 50% of their subscribers (limited distribution). Compared to the nation's top ten cable operators Mediacom ranks 4th for wide distribution but 9th for combined wide and limited distribution. The mean for combined distribution for all operators is 79. Mediacom offers 49. Until more bandwidth is available Mediacom will trail nation averages for the number of high definition channels they offer. In addition, in September 2008, Mediacom indicated they would like to upgrade their high speed Internet to the DOCSIS 3.0 standard which could provide theoretical download speeds of up to 100 megabits. But to initiate this service, Mediacom would need to allocate bandwidth equivalent to three analog channels. Mediacom approached the City with a proposal to move some or all of the community access channels, which occupy seven analog channels, to the digital tier to make this bandwidth available. The City researched the proposal, discussed it with the access channels, and engaged in negotiations with Mediacom. By November 2009, the outline of an agreement was in place. Shortly thereafter Mediacom informed the City that they had abandoned their proposal to Iowa City in favor of the launch of a 105- megabit service in Waterloo. Alternatively, in March 2010 Mediacom upgraded the Iowa City system to offer a 50-megabit DOCSIS service in Iowa City. This was made possible by the recovery of bandwidth of two analog broadcast channels in the basic tier. In and effort to increase available bandwidth, Mediacom informed the City of Iowa City in December 2010 that it intended to convert the Iowa City system, and other systems in the State, to all digital transmission during the month of March 2011. To transition customers who still own analog televisions and who subscribe to the Family Tier, Mediacom is providing digital adapter boxes at no cost and for no monthly fee. Current Basic Tier customers in the Iowa City system will continue to receive channels 2 through 22 on analog television sets without a digital adapter box, at least for the time being. Analog service is no longer an option for new customers. I. Unfulfilled Franchise Provisions Mediacom has not been asked to comply with some technical franchise provisions. Mediacom is obligated to provide optical transmission equipment for the access channels so they can transmit an optical signal to the local head-end for distribution on the system. This equipment will be requested prior to the conversion to all digital transmission. The City can also request the construction of three local access origination points downtown on acost-sharing basis with Mediacom. Due to the high cost of this construction, this opportunity has not been acted on. IV. SERVICE ISSUES A. Ease of Access to Service Representative It was reported in the last Triennial Review that, "After considerable busy phone signal problems and related subscriber complaints, as of fall 2002, telephone access to local service representatives appears to be good and scheduling of repairs within 24 hours is being offered." This statement would not accurately describe the current state of access to service representatives for Iowa City customers. The primary method offered customers to report a complaint is an "888" number that can be found on current billing statements or by calling the "local" Mediacom number, which in turn directs the customer, by recording, to call the "888" number. This number connects customers to a call center and through a series of recorded touch-tone instructions or, more recently with an interaction with a computer based 10 voice response system, will try to deal with the customer's problem. Eventually this system might connect the customer with a service representative, though customer complaints consistently report difficulty in reaching a "live" service representative. A "frequently asked question" system is also available on the company's website. Of complaints received by the City Cable TV Office, problems and frustration with the call center service system and/or its representatives is often a primary or major secondary issue with customers. Such problems as incorrect information, rude behavior, confusing and complicated touch-tone menus and long periods of being on hold after connecting are frequently reported. In addition, call center service representative's understanding of local conditions and requirements are often limited. More recently reports of language problems have followed Mediacom's use of an international call center during late night periods. The Mediacom "Complaint Policy" in the "Subscriber Policies and Privacy Notice" states that to file a complaint a customer "must call or write" the company using the contact information on the monthly statement. The telephone number provided on the statement is, again, the call center number but no mailing address is provided except that of the payment center. Instead, a web address is provided. The heading for this section on the statement is, "How to reach us" and in no way indicates that complaints can be made using this contact information, referring instead to the contact point as "customer support." It is also stated in the official "Complaint Policy" that if other contacts can not resolve the problem, then the complaint can be sent to an alternative address in Middletown, New York, with the promise that "Mediacom will make every effort to resolve the problem within 10 business days of receipt of the letter." The Mediacom web site related to the Internet address provided on the monthly statement seems mostly focused on promotions for sale of services. There is a button option to "contact us" which takes the customer to a screen that allows Internet contact with the company and states, "Send us your questions and comments using the form below. Your request will be processed in the next 24 hours and you will receive a response within 2-3 business days." This is clearly not focused on immediate problems. An information box also available on this page again provides the general call center number. Local alternatives to reach Mediacom about repair or service issues are very limited. The local business office may be able to help with some billing problems if visited in person but it cannot be reached by phone and does not process complaints about any issue. It should be noted that though the local business office fulfills FCC standards, it might be questioned if the office fulfills the franchise requirement in §X111 B which states: "Franchisee shall also provide personnel, telephone service, including a locally listed telephone number, and other equipment, as needed within the area, to ensure timely, efficient and effective service to consumers and for the purpose of receiving inquiries, requests and complaints concerning all aspects of the construction, installation, operation, and maintenance of the system." The franchise requirements in § 12-4-32 of the Cable Ordinance further defines and specifies Mediacom's obligation in subsection A and B as follows: Business office staffing: ... The business office shall maintain a staff adequate to process complaints, requests for installation, service or repairs, and other business in a timely and efficient manner. Grantee shall add additional telephone lines and service representatives when existing lines are substantially utilized or when patterns of subscriber complaints reflect a need for additional service employees. §12-4-32 A. (bold added) and; "Telephone service: The Grantee shall have a listed, locally-staffed telephone number for service calls available twenty-four (24) hours a day, seven (7) days a week. Said number shall be made available to subscribers and the general public." §12-4-32 B. (bold added) 11 B. Effectiveness in Responding to Valid Complaints In the last Review, the Commission identified a need for automatic rebates from Mediacom for lost service. This change was not accomplished in the current franchise. Instead, provision was made to provide a "credit" for service lost in excess of 4 hours "at the subscriber's verbal or written request." (§VIII H.) An additional requirement that, "the Franchisee shall provide written notice to subscribers' quarterly of the availability of credits for outages" was also included in the current franchise, but no evidence has been found that Mediacom is complying with this requirement either in independent mailing, on their billings or in their customer information packets. The previous Commission also recommended in this section a provision for "regular, comprehensible reports from Mediacom concerning the frequency and nature of complaints." This recommendation seems to have been realized in §X111 F of the current franchise which states, "Franchisee shall provide to the City annual management data, including data from any service centers used by the Franchisee related to compliance with the FCC's Standards for Customer Service." No substantiation that the City has received such reports has been found. C. Quality and Accuracy of Information Provided to Current and Potential Customers The intent of this Review section seems clearly to deal with the need for Mediacom to effectively communicate to subscribers distinct changes in service as opposed to start up or annual information requirements already specified in the franchise. Yet no provision that clearly identifies, defines, or specifies the appropriate consumer information process was included in the current franchise. Some guidance does exist in the Cable Ordinance at §12-4-16 where provision is made for public notification when it is stated that, "Grantee shall notify the City and subscribers in writing at least thirty (30) days prior to the implementation of any change in services offered, rates charges, or terms and conditions related thereto." But changes in networks or programming are not considered. (bold added) At the same time, the current franchise does require Mediacom to comply with FCC customer service obligations (VIII F) which provides at § 76.1603, "Customer service-rate and service changes": (a) A cable franchise authority may enforce the customer service standards set forth in paragraph (b) of this section against cable operators. The franchise authority must provide affected cable operators 90 days written notice of its intent to enforce standards. (b) Customers will be notified of any changes in rates, programming services or channel positions as soon as possible in writing. Notice must be given to subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of the cable operator. In addition, the cable operator shall notify subscribers 30 days in advance of any significant changes in the other information required by § 76.1602. But the "standards" then limit Mediacom's notification obligation as follows: (e) To the extent the operator is required to provide notice of service and rate changes to subscribers, the operator may provide such notice using any reasonable written means at its sole discretion. For the most part, "reasonable written means" can be defined in Iowa City's experience as a note on the billing statement, in limited text size, with a brief message. Complaint experience indicates that customers do often not see such messages. D. Effectiveness in Dealings with Iowa City Cable Administrator and ICTC As the title of this section indicates, the previous Triennial Review expressed both specific and general interest in the relationship between the ICTC and Cable Administrator with Mediacom. For the purpose of this Review, it would seem that the following section of the previous Review best summarizes what can be considered this ongoing interest: 12 "Every effort should be made to plan...changes in consultation with the City and the Commission and to publicize them widely. Planning should include a significant degree of advance consultation with the Commission, rather than notification that then necessitates quick responses when problems are identified." In general, the Mediacom representative to the Commission has made an effort to keep the City and the ICTC informed of changes. But little effort has been made by all parties to collaborate on providing information to customers. E. Additional General Issues of Franchise Compliance The following are some general service related issues not addressed in the previous Review 1. Service to Local Access Channels: All local access channels, including the University of Iowa and Kirkwood Channels, were contacted and questioned as to their "service" experience with Mediacom. Each channel reported exceptional support from local Mediacom staff for a variety of technical and general service related issues. 2. Contact numbers: Section 12-4-31 H of the Cable Ordinance requires display of the business office address and publicly listed local telephone numbers by means of alpha-numeric display on a local origination channel. No such screen exists. 3. Provision of Lockout devices: §12-4-31 of the Cable Ordinance provides for lockout devices for cable subscribers. Mediacom currently does not provide such devices due to a general shift to television set channel lockout as an industry standard. Digital boxes also provide channel lockout ability. 4. Two hour service appointment window: Section XIII M of the franchise requires Mediacom to schedule service appointments in two-hour windows. In September of 2008 it was discovered that Mediacom was not complying with this provision. In part it was claimed that it was the result of the use of call centers that normally schedule in 4 hours blocks consistent with FCC requirements. The City challenged this practice and was assured that two-hour windows would be offered to Iowa City residents. A recent complaint reported that only four hour windows had been offered for each of the four times the customer had scheduled an appointment. Mediacom has been requested to inform their call centers of Iowa City's special circumstances. This practice is being monitored. 5. Service to Camp Cardinal Road and the Showers Addition: The current franchise has cited as exceptions to the requirement that all sections of the City receive cable service areas know as Camp Cardinal Road and the Showers Addition. Currently the area near Camp Cardinal Road, including an extension of the Road, has been cabled for service. But the original road has not cabled. The Showers Addition is not longer at issue as the City has now identified this area for use as parkland. V. Summary Comments of Commissioners 1. Hans Hoerschelman, Chairperson Iowa City Telecommunications Commission First I would like to acknowledge the efforts of the City Cable Division staff in the creation of the Tri- Annual Review. Their diligence and persistence brought this document to fruition and their responsiveness to the questions posed by both the ICTC and the public made sure that the content of the review would be of benefit to all. As evidenced by the sentiments expressed at the public hearing and by repeated complaints to the City Cable office, customer service continues to be the area of concern with regard to compliance with franchise requirements. The lack of knowledge of local conditions and the apparent disconnect between sales, customer service and local 'in-home' technicians is disturbing and without correction will no doubt further the distressed relations between Mediacom and their Iowa City customers. The ICTC and the City Cable office should increase awareness of the City Cable office's complaint resolution mechanism in order to better gauge the seriousness of customer service issues, as well as to help consumers resolve 13 their conflicts before giving up out of frustration. The value of having the 'City' option available cannot be understated, both for consumers and for the franchise parties. The current franchise has been beneficial to the city and to the Iowa City Access community, and will hopefully continue to do so until the stated expiration of the franchise in 2018. However, it is my belief that the City should be very mindful of the transitioning media landscape. As cable companies transition to fully vertically integrated communications and content conglomerates, the prospects for competition in wire-line services will diminish, not just in cable television, but also in phone and Internet services as well. I would urge the City, and the consumer public at large, to begin a dialog now about what part they believe the municipality should have in the future of electronic communication and to set realistic goals in furtherance of that agenda. Again, many thanks to the City Cable staff and to the other members of the ICTC for their efforts on this review. 2. Laura Bergus, Vice Chairperson Iowa City Telecommunications Commission Below are my individual comments on the triennial review process. These are based on my observations as a relatively new Iowa City Telecommunications Commissioner with a background in dealing professionally with Mediacom, as I provided staff support to the North Liberty Telecommunications Commission from 1998-2008. As part of the triennial review process, the Commission held a public hearing, seeking input on Mediacom's service and system. Surprisingly, there were very few complaints, although those who came were passionate in relaying their grievances. There we were reminded that many people view cable television as a necessary utility, more akin to water than to entertainment. This is a helpful perspective if the City contemplates a broader vision for residential telecommunications services. Another revelation from the public hearing was that subscribers generally do not understand the regulatory position of the City in relation to the cable provider. When our future regulatory authority is uncertain, as it is now with statewide franchising, we must work to inform residents why the Commission exists and how City staffs interface with the cable operator. For example, we are unable to regulate rates of cable services, besides the most limited, basic tier. Therefore, the majority of our interactions with Mediacom are based on cooperation and good-faith requests, rather than enforcement of rights. We should anticipate the well-founded response to this reality: "If you can't force Mediacom to change, what's the point?" The point of the Telecommunications Commission, of the Cable Administrator, and, in large part, of this process of triennial review is to maintain and leverage open communication with the cable operator. We may not be able to hold Mediacom's feet to the fire to the extent some subscribers wish, but the value of our relationship is reflected in very low basic cable rates and improving customer service. During the public hearing, one subscriber pointed out angrily that the City has a "hotline" to Mediacom, while average subscribers do not. What she meant was that our staff has the connections to make sure problems is addressed, promptly. This was a helpful reminder that our job is one of an intermediary, and at that we do excel. Subscribers may dislike the limitations on the role the City may play, but we have never shied away from asking more of Mediacom than they are required to provide. Our role provides valuable pressure to continue to improve customer service and comply with franchise requirements. There is no doubt Mediacom knows we are watching, and we are advocating for subscribers who might not have the time, knowledge, or resources to do so on their own behalf. Overall, this periodic review of the cable system and Mediacom's service establishes an important baseline by which to compare past and future cable issues. This survey is also a useful means to educate Iowa City's cable subscribers and ourselves. I'm grateful that my service on the Telecommunications Commission has coincided with this review. 14 APPENDIX A Programming description attachment, Appendix H current franchise. Programming Categories for System-Wide Programming Science Fiction Programming Religious Programming Cartoon Programming Federal Government News Programming Educational Programming Pay Per Channel and Pay Per Program Programming International Programming Women's Programming Do-it yourself and Self Improvement Programming Children's Programming News Programming History Programming Comedy Programming Music Programming Sports Programming Arts Programming Black Entertainment Programming Hispanic Programming 15 Appendix B Chart A Cons 70 00 umer Rates ZOOZ- 2009 $ . 60 00 $ . $50 00 . $40 00 sr° 4 ~" ~.,.~~..e-°~. _ , . 30 00 $ . 20 00 $ . $10.00 0 00 $ . 2002 2003 2004 2005 2006 2007 2008 2009 Inflation Adjusted Expanded Basic Rate $36.95 $40.25 $42.21 $42.80 $43.60 $46.27 $48.22 $52.23 Actual Epa nded Basic Rate $36.95 $40.95 $43.95 $45.95 $47.95 $51.95 $54.95 $SS.95 Actual Basic Rate $13.95 $14.00 $11.75 $11.75 $11.75 $11.48 $11.50 $10.94 Inflation Adjusted Basic Rate $13.95 $13.77 $11.23 $10.87 $lO.SS $10.02 $9.52 $9.15 Inflation Adjusted Expanded Basic Rate -F Actual Epanded Basic Rate Actual Basic Rate Inflation Adjusted Basic Rate Chart B Inflation Adjusted Revenue $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 0 ;y ~ ~ ;~ ` $ 2002 2003 2004 2005 2006 2007 2003 2009 ^Franchise Fee $570,907 $549,466 $559,777 $544,394 $554,649 $542,577 $582,150 $593,520 Local Program Fee $114,326 $113,269 $108,082 $109,441 $112,332 $99,517 $96,387 $98,677 Local Program Fee ^Franchise Fee 16 Appendix C Subscribers to Mediacom's Internet service can test the quality of their line by going to a diagnostic website located at http://192.168.100.1. Click the diagnostic link on the left side of the page and the following screen will come up. Cable Signal Details Data Service Details Forward Path SNR should be greater than 25dB. Forward Path Received Signal Strength should be between -8.0 dBmV and 8.0 dBmV Return Path Power Level should be less than 55 dBmV Levels outside these parameters indicate problems with your line. You should contact Mediacom to send a technician for repairs. Often times line problems are caused by poor or failed splitters. For more information visit: http://www.dslreports.com/faq/3332