HomeMy WebLinkAbout2002-09-24 Resolution RESOLUTION NO, 02-321
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CiTY COUNCIL OF 10WA CITY, IOWA, that a Dancing Permit as
provided by law is hereby granted to the following named person and at the following
described locations upon his filing an application, having endorsed thereon the certificates of
the proper city officials as to having complied with all regulations and ordinances, and
having a valid beer, liquor, or wine license/permit, to wit:
Mondo's -- 212 S. Clinton Street
It was moved by Champion and seconded by 0'Donnell that the Resolution
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
Passed and approved this 24th day of September ,20 02
CIT'~-CLERK City Attorney's Office
clerk\res\danceprm.doc
September 24 ,2002
The City Council of Iowa City, Iowa, met in special session, in the Emma J.
Harvat Hall, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at 7: 00
o'clock p.M., on the above date. There were present Mayor
Lehman , in the chair, and the following named Council Members:
Champion. Kanner, Lehman, O'Donnell, Pfab.
Vanderhoef, Wilburn
Absent: None
Council Member Champion introduced the following Resolution
entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION
OF THE ISSUANCE OF NOT TO EXCEED $1,155,000 GENERAL OBLIGATION
BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA,
AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the
same be adopted. Council Member 0' D0nnel 1 seconded the motion to
adopt. The roll was called and the vote was,
AYES: 0'Donnell, Pfab, Vanderhoef, Wilburn, Champion,
Kanner. Lehman
NAYS: None
Whereupon, the Mayor declared the resolution duly adopted as follows:
Resolution No. 02-322
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF NOT TO
EXCEED $1,155,000 GENERAL OBLIGATION BONDS
(FOR AN ESSENTIAL CORPORATE PURPOSE) OF
IOWA CITY, IOWA, AND PROVIDING FOR
PUBLICATION OF NOTICE THEREOF
WHEREAS, it is deemed necessary and advisable that the City of Iowa City,
Iowa, should issue General Obligation Bonds to the amount of not to exceed $1,155,000,
as authorized by Section 384.25, of the City Code of Iowa, for the purpose of providing
funds to pay costs of carrying out an essential corporate purpose project as hereinafter
described; and
WHEREAS, before said bonds may be issued, it is necessary to comply with the
provisions of said Code, and to publish a notice of the proposal to issue such bonds and
of the time and place of the meeting at which the Council proposes to take action for the
issuance of the bonds and to receive oral and/or written objections from any resident or
property owner of said City to such action;
2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section 1. That this Council meet in the Emma J. Harvat Hall, Civic Center, 410
E. Washington Street, Iowa City, Iowa, at 7: 00 o'clock ~P .M., on the Sth day of
October ,2002, for the purpose of taking action on the matter of the issuance of
not to exceed $1,155,000 General Obligation Bonds for an essential corporate purpose of
said City, the proceeds of which bonds will be used to provide funds to pay costs of
refunding outstanding general obligation indebtedness of the City.
Section 2. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting, in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in said City, said
publication to be not less than four clear days nor more than twenty days before the date
of said public meeting on the issuance of said bonds.
Section 3. The notice of the proposed action to issue said bonds shall be in
substantially the following form:
3
NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF
IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED
ISSUANCE OF NOT TO EXCEED $1,155,000 GENERAL
OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE
PURPOSE) OF SAID CITY, AND THE HEARING ON THE
ISSUANCE THEREOF
PUBLIC NOTICE is hereby given that the Council of the City of Iowa
City, Iowa, will hold a public heating on the 8th day of October, 2002, at 7:00
o'clock P.M., in the Emma J. Harvat Hall, Civic Center, 410 E. Washington Street,
Iowa City, Iowa, at which meeting the Council proposes ts take additional action
for the issuance of not to exceed $1,155,000 General Obligation Bonds for an
essential corporate purpose of said City, in order to provide funds to pay costs of
refunding outstanding general obligation indebtedness of the City.
At the above meeting the Council shall receive oral or written objections
from any resident or property owner of said City, to the above action. After all
objections have been received and considered, the Council will at this meeting or
at any adjournment thereof, take additional action for the issuance of said bonds or
will abandon the proposal to issue said bonds.
This notice is given by order of the Council of Iowa City, Iowa, as provided
by Section 384.25 of the City Code of Iowa.
Dated this 30th day of September, 2002.
s/Marian K. Karr
City Clerk of Iowa City, Iowa
PASSED AND APPROVED this 24th day of September ,2002.
ATTEST:
City'Clerk
339134\1\10714063
CIG-3
9/91
CERTIFICATE
STATE OF IOWA )
)SS
COUNTY OF JOHNSON- )
I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is
a true and complete copy of the portion of the corporate records of said Municipality
showing proceedings of the Council, and the same is a true and complete copy of the
action taken by said Council with respect to said matter at the meeting held on the date
indicated in the attachment, which proceedings remain in full force and effect, and have
not been amended or rescinded in any way; that meeting and all action thereat was duly
and publicly held in accordance with a notice of meeting and tentative agenda, a copy of
which was timely served on each member of the Council and posted on a bulletin board
or other prominent place easily accessible to the public and clearly designated for that
purpose at the principal office of the Council (a copy of the face sheet of said agenda
being attached hereto) pursuant to the local rules of the Council and the provisions of
Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at
least twenty-four hours prior to the commencement of the meeting as required by said
law and with members of the public present in attendance; I further certify that the
individuals named therein were on the date thereof duly and lawfully possessed of their
respective city offices as indicated therein, that no Council vacancy existed except as
may be stated in said proceedings, and that no controversy or litigation is pending,
prayed or threatened involving the incorporation, organization, existence or boundaries
of the City or the right of the individuals named therein as officers to their respective
positions.
WITNESS my hand and the seal of said Municipality hereto affixed this
26th day of September ,2002.
City ~k, Iowa City, Iowa
SEAL
PGOODRICH~63743\ 1 \10714063
Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, iA 52240 (319)356-5053
RESOLUTION NO. 02-323
RESOLUTION SE'CFING PUBLIC HEARING ON
AMENDING THE FY2003 OPERATING BUDGET.
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing will be
held in the Civic Center at 7:00 p.m., October 8, 2002, or if said meeting is cancelled, at the next
meeting of the City Council thereafter as posted by the City Clerk, to permit any citizen to be
heard for or against the proposed amendment to the FY2003 Operating Budget.
The City Clerk is hereby directed to give notice of pubtic hearing and time and place thereof by
publication in the Iowa City Press-Citizen, a newspaper of general circulation in Iowa City, not less
than ten (10) days and not more than twenty (20) days before the time set for such hearing.
Passed and approved this 24th dayof September ,2002.
AJ~roved by
ATTEST:
ci-r~LERK City Attorney's Office
It was moved by Champ'ion and seconded by 0'Donne] '1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 02-324
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED
AT 629 DIANA COURT, IOWA CITY, IOWA.
WHEREAS, on August 31, i999, the owner of 629 Diana Court executed a Mortgage in the
amount of $2,500; and
WHEREAS, the loan was paid off on September 9, 2002; and
WHEREAS, it is the City of Iowa City's responsibility to release this lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached
Release of Lien for recordation, whereby the City does release the property located at 629
Diana Court, Iowa City, Iowa from a Mortgage recorded on September 22, 1999, Book 2832,
Page 47 through Page 50 of the Johnson County Recorder's Office.
Passed and approved this 24th dayof.., September ,20 02 .
~ MAYOR
It was moved by Champion and seconded by 0'Donnel 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
ppdrehab/res~29dianact doc
Prepared by: Lizabeth Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 629 Diana Court, Iowa City, Iowa, and
legally described as follows:
Lot 41 in Part Two Plum Grove Acres Subdivision, Iowa City, Iowa, according to the plat
thereof recorded in Book 2, Page 151, plat records of Johnson County, Iowa
from an obligation of the owner, Sheryl K. Jurgensen, to the City of Iowa City in the total
amount of $2,500 represented by a Mortgage recorded on September 22, 1999, Book 2832,
Page 47 through Page 50 of the Johnson County Recorder's Office.
This obligation has been satisfied and the property is hereby released from any liens or clouds
upon title to the above property by reason of said prior recorded dpe~ment.
Approved .by
A ST:
CITY'CLERK City Attorney s O~ce
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
Onthis ~4- dayof S,~z~_,~,~ ,A.D. 20 b~t ,beforeme, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and
Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the
instrument was signed and sealed on behalf of the corporation by authority of its City Council, as
s contait'Led in Resolution No. o,~-3~-'I- , adopted by the City Council on the ,,~4. day
u-~-,~) o~ and that the said Ernest W. Lehman and Marian K. Karr as such officers
acknowledged the execution of said instrument to be the voluntary act and deed of said
corporation, by it and by them voluntarily executed.
I ,,~'~ ,.*. ! SONDRAE FORT
[~l~l,~.lCommission Number 159791 I
I' ~t "/ My Commission Expires
Notary Public in and for Johnson County, Iowa
ppdrehab\629dianarel doc
Prepared by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5030
Reso]ution No. 02-325
RESOLUTION AUTHORIZING THE M/[~::IR-TO-SrGN AND THE CITY CLERK
TO ATTEST AN EMERGENCY VEHICLE ACCESS EASEMENT AGREEMENT
WITH EDWARD JONES FOR LOTS 66 AND 67, SCOTT BOULEVARD EAST,
PART III, IOWA CITY, IOWA.
WHEREAS, pursuant to Title 14, Chapter 5, Article H of the City Code, a site plan for has been
submitted on behalf of the owner of the Lots 66 and 67, Scoff Boulevard East, Part III; and
WHEREAS, City staff approved the site plan subject to the property owner/developer, Edward
Jones, granting an Emergency Vehicle Access Easement Agreement to provide City fire
apparatus vehicles with a means of passage over the private property designated on the
easement plat as well as a turn-around area for emergency vehicles and non-emergency
access for purposes of enforcing Fire Safety Standards under the Uniform Fire Code, as
amended; and
WHEREAS, the easement agreement authorizes the owneddeveloper to post the easement
area as a "No Parking Area" and to take reasonable efforts to enforce same, and authorizes the
Iowa City Police Department to ticket, tow or cause to be towed, pursuant to the Code of Iowa,
as amended, any vehicles parked or placed on the easement area; and
WHEREAS, the obligation to install the improvement herein shall be in accordance with City
specifications and the obligation shall remain on the Developer until completed by the
Developer; and
WHEREAS, the easement agreement requires City Council approval and the execution of the
same is in the public interest of the citizens of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The Mayor is hereby authorized to sign and the City Clerk to attest the attached
Emergency Vehicle Access Easement Agreement with Edward Jones for Lots 66 and
67, Scott Boulevard East, Part III, Iowa City, Iowa.
2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and
the attached Easement Agreement and to record the same in the office of the Johnson
County Recorder at the expense of owner/developer.
ay of September ,2002.
CIT'~-CLERK
ResolUtion No. 02-325
Page 2
It was moved by Champion and seconded by 0'Donnell the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
){ Champion
X ' ~- Kanner
X Lehman
× O'Donnell
X Pfab
~ Vanderhoef
X Wilbum
EMERGENCY VEHICLE ACCESS EASEMENT
This agreemen~ is entered into by and between Edward D.
Jones, single, hereinafter referred to as Developer, and the City
of Iowa City, a municipal corporation, hereinafter referred to as
City.
RECITALS:
1. Developer is the owner of Lots 66 and 67, Scott
Boulevard East Part III, Iowa City, according to the recorded plat
thereof.
2. The City requires the Developer to provide emergency
vehicle access to portions of said property and to grant an
easement over portions thereof to City.
3. The legal description of the easement area is as
follows:
Cor~nencing at the Southwest Corner of Lot
67, Scott Boulevard East, Part Three,
Iowa City, Iowa, in accordance with the
plat recorded in book 40, at page 266, of
the records of the Johnson County
Recorder' s Office; Thence N04 ' 53 ' 06 "E,
along the West Line of said Lot 67, a
distance of 97.40 feet; Thence
S85'06'54"E, 41.97 feet, to the Point of
Beginning; Thence N66 ° 36' 56"E, 34.36
feet; Thence S14' 18 ' 50"E, 14.89 feet;
Thence S36'37' 04"W, 36.96 feet; Thence
N23'23'04"W, 33~18 feet, to said Point of
Beginning. Said tract of land contains
784 square feet, and is subject to
easements and restrictions of.
NOW, THEREFORE, IT IS HEREBY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Developer hereby grants and conveys to City a perpetual
nonexclusive easement over the easement area described above and
further depicted on an Easement Plat attached hereto.
2. The Developer grants to the City the right to utilize
the easement area to provide City fire apparatus vehicles with a
means of passage over the private property designated on said
Easement Plat.
3. With regard to the above-described easement, the Iowa
City Police Department is hereby authorized to ticket, tow or
cause to be towed, pursuant to the Code of Iowa, as amended, any
motor vehicle that has been parked or placed upon the easement
area in violation of the parking laws of this City and State.
This agreement shall serve as appropriate notice for such
authorization to the Iowa City Police Department under the Code of
Iowa, as amended. The Developer and his assigns hereby also agree
to release, indemnify and hold harmless the City, its officers,
employees and agents from any damages, claim of damages or
liability resulting from any ticketing as authorized under the
preceding paragraph.
4. Additionally, the Iowa City Fire Department is hereby
granted an easement with the right of access over and across the
above-described Emergency Vehicle Turn Around Area on the private
property designated on the easement plat of Lots 66 & 67, Scott
Boulevard East Part III, Iowa City, Johnson County, Iowa. Said
right of access also includes the right of non-emergency access
and posting for the purposes of enforcing Fire Safety Standards
under the Uniform Fire Code, as amended. Developer shall
appropriately sign the Emergency Vehicle Turn Around Areas as a
"No Parking Area" and take reasonable efforts to enforce same.
5. Nothing in this Agreement shall be construed to impose a
requirement on the City to install the easement at issue herein.
Nor shall the Developer be deemed acting as the City's agent
during the original construction of the easement area. Parties
agree that the obligation to install the improvement herein shall
be in accordance with City specifications and the obligation shall
remain on the Developer until completed by the Developer.
6. The Developer hereby covenants with the City that he is
lawfully seized and possessed of the real estate above described,
and that he has good and lawful right to convey it or any part
thereof.
7. The provisions hereof shall insure to the benefit of and
bind the successors and assigns of the respective parties hereto,
and all covenants shall be deemed to apply to and run with the
land and with the title to the land.
Si~ned this 23rd ~ay of
August
2002.
CITY Ed Jon~oveloper
By:
rnSs~ Leb_~n, ~ayor
Attest: ~,~>f~..~,~.~) ~/. ~
Ma~ian K. Karr, City Clerk
Approved by:
STATE OF IOWA )
) SS:
COUNTY OF JOHI~SON )
On this ~ day of ~f~ER , 2002, before me, a Notary
Public in and for the State of Iowa, personally appeared Ernest W.
Lekman and Marian K. Karr, to me personally known, and, who, being
by me duly sworn, did say that they are the Mayor and the City
Clerk, respectively, of the City of Iowa City, Iowa; that the seal
affixed to the foregoing instrument is the Municipal seal of the
corporation, and that the instrument was sig/led and sealed on
behalf of the corporation, by authority of its City Council, as
contained in (~ (Resolution) No. c~-3~ passed (the
Resolution adopted) by the City Council on the ~ day of
~T~f~__~-, 2002, and that Ernest W. Lehman and Marian K. Karr
acknowledged the execution of the instrument to be the voluntary
act and deed of the corporation, by it and by them voluntarily
executed.
I'o,.~ ,~ I 80NDRAE FORT J
~,~,~lCommission Number 1597911 -~,o_m ~'-b~-~
I'~L"~ My Commission Exp(res
[~1 3-7-~ Notary Public in and for
State of Iowa
3
STATE OF IOWA )
) SS:
COUNTY OF JOHNSON )
On this 23rd day of AuGust 2002, before me, the
undersigned, a Notary Public in and f%r the State of Iowa,
personally appeared Edward D,. Jones to me known to be the
identical person named in /'~nd/_~ executed the foregoing
instrument, and acknowledged ~t/~t h~ ~xec~ted/~t~he same as his
voluntary act and deed.
/ N~ta~ ~ub~in and for
StateVo~ Iowa.
4
PREPARED BY: hiMS CONSULTANTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (519) 551-8282
/ ,,' I
EASEMENT PLAT MMS
Mt 67 Scott Blvd Bas[
Pt 3 Iowa City, Ia
611~O0~h.dwg 4-1~-01 9:48:2~ om EST
EMERGENCY VEHICLE ACCESS
agreement is entered into and between Edward D.
Jones, Le, hereinafter referred as Developer, and the City
of Iowa a municipal corporat hereinafter referred to as
City.
RE I T A L S:
1. Developer owner of Lots 66 and 67, Scott
Boulevard East Part III City, according to the recorded plat
thereof.
2. The City re, the Developer to provide emergency
vehicle access to porl f said property and to grant an
easement over portions City.
3. The legal of the easement area is as
follows:
at the Corner of Lot
67, Scott Boulevard ~st, Part Three,
City, Iowa, in wi th the
pl~ recorded in book at page 266, of
records of County
Office; N04 ° 53 ' 06"E,
_ong the West Line of Lot 67, a
of 97.40 Thence
°06'54"E, 41.97 feet, to Point of
· inning; Thence N66'36'56 ~, 34.36
feet; Thence S14'18' 50"E, 14 19 feet;
Thence S36'37'04"W, 36.96 feet Thence
N23'23'04"W, 33.18 feet, to said Mint of
Beginning. Said tract of land c~ntains
784 square feet, and is subj e~t to
easements and restrictions of. ~
NOW, THEREFORE, IT IS HEREBY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Developer hereby grants and conveys to City a perpetual
nonexclusive easement over the easement area described above and
further depicted on an Easement Plat attached hereto.
2. The Developer grants the City the right to utilize
the easement area to provide fire apparatus vehicles with a
means of passage over the Lvate property designa~ on said
Easement Plat.
3. with regard to the eas~ the Iowa
City Police Department is authorized tow or
cause to be towed, pursuant to the Code of as amended, any
motor vehicle that has been .rked or the easement
area in violation of the park.ng laws of City and State.
This agreement shall serve Ls appropri notice for such
authorization to the Iowa City ~lice Depa~ under the Code of
Iowa, as amended. The Developer and his hereby also agree
to release, indemnify and hold the City, its officers,
employees and agents from an5 claim of damages or
liability resulting from any ti as authorized under the
preceding paragraph.
4. Additionally, the Iowa .ty Fire Department is hereby
granted an easement with the ric of access over and across the
above-described Emergency Vehicl, Around Area on the private
property designated on the easement of Lots 66 & 67, Scott
Boulevard East Part III, Iowa/ICity, 'Johnson County, Iowa. Said
right of access also includgs the .ght of non-emergency access
and posting for the purpos~ of zcing Fire Safety Standards
under the Uniform Fire ~Code, as Developer shall
appropriately sign the Emergency VehJ _e Turn Around Areas as a
"No Parking Area" and tak~ reasonable !orts to enforce same.
5. Nothing in th~s Agreement sha] be construed to impose a
requirement on the City to install the at issue herein.
Nor shall the Developer be deemed acti as the City's agent
during the original construction of the t area. Parties
agree that the obligation to install the ~ herein shall
be in accordance with City specifications the obligation shall
remain on the Developer until completed by .e Developer.
6. The Developer hereby covenants wi the City that he is
lawfully seized.'and possessed of the real above described,
and that he has good and lawful right to it or any part
thereof.
7. Th9 provisions hereof shall insure to benefit of and
bind the successors and assigns of the respective parties hereto,
2
and all covenants shall be deemed to apply to and run with the
land and with the title to the land.
Siqned this 23rd ~ay of August , 2002.
By: Ed Jon/J~T)ov~ oper
CITY OF IOWA C~/'IOWA
By:
Ernest Lehman,
Attest:
Marian K. Karr, City
Approved by:
STATE OF IOWA )
)
COUNTY OF JOHNSON )
On this __ 2002, before me, a Notary
Public in and for Lte of Iowa personally appeared Ernest W.
Lehman and Marian K to me ~onally known, and, who, being
by me duly sworn say that are the Mayor and the City
Clerk, respectivel of the City of City, Iowa; that the seal
affixed to the instrument is the Municipal seal of the
corporation, that the instrumen was si~ned and sealed on
behalf of the ~oration, by author ty of its City Council, as
contained in ) ( No. passed (the
Resolution )ted) by the City on the day of
2002, and that Ernest W Lehman and Marian K. Karr
the execution of the inst to be the voluntary
act and of the corporation, by and by them voluntarily
Public in and for
te of Iowa
STATE OF IOWA )
) SS:
COUNTY OF JOHNSON )
On this 23rd day of Auqust , 2002, before me, the
undersigned, a Notary Public in _and for the State of Iowa,
personally appeared Edward D,. ones to me known to be the
identical person named in /an...---~ . . ~..~ executed the foregoing
instrument, and acknowledged ~ ~ ~xec~te~//t~e sa/ne as his
voluntary act and deed.
/N6t-a~ '~P~in and for
S~teVo~ Iowa.
/
/rw
/
//
\
4
PREPARED BY: MMS CONSULTANTS 191'7 S. GILBERT ST. iOWA CITY, IOWA 52240 (319) 351-8282
E~EMENT PLAT MMS CONSULT¢~, INC.
~t 67 Scott Blvd East
Pt 3 Io~ City, Ia
6111001h.dw9 4-11-01 9:48:21 om EST
Prepared by: KJm Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139
RESOLUTION NO, 02-326
RESOLUTION ACCEPTING THE WORK FOR THE PRAIRIE DU CHIEN ROAD
TO DODGE STREET WATER MAIN PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
Prairie du Chien Road to Dodge Street Water Main, as included in a contract between the City of
Iowa City and TAB Construction of Davenport, Iowa, dated March 18, 2002, be accepted; and
WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the
City Clerk's office; and
WHEREAS, the final contract price is $626,781.87.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
20
Passed and approved this 24th dayo~, 02
Approved by
CIT~ CLERK ' City ~,tto~n~y's (~l'fice
It was moved by Chi~rrlpion and seconded by 0'Donne1] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
× O'Donnell
X Pfab
X Vanderhoef
X Wilburn
City of Iowa City
M MORANDUM
Date: September 16, 2002
To: Steve Atkins
From: Kim Johnsor~
Re: Agenda Items
The following are costs associated with the Capital Improvement Project being
presented for acceptance at the September 24~h Council meeting:
1 ) Prairie du Chien Road to Dodge Street Water Main
Contractor: TAB Construction
· Project Estimated Cost: $ 745,000.00
· Project Bid Received: $ 613,040.00
· Project Actual Cost: $ 626,781.87
Prepared by: Sara Sproule, Assistant Controller, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5088
RESOLUTION NO. 02-327
RESOLUTION APPROVING THE OFFICIAL FINANCIAL REPORT FOR CITY
STREETS AND PARKING FOR THE FISCAL YEAR ENDING JUNE 30, 2002.
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the official Financial
Report for City Streets and Parking report for the period beginning July 1, 2001, through June 30,
2002, be approved.
Passed and approved this 241:h day of 2002.
Approved by
CITY-CLERK City Attorney's Office
It was moved by Champion and seconded by 0'Donne]] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
fi nadm\res\stprkrep-02 doc
Iowa Department of Transportation
800 Lincoln Way, Ames, IA 50010 515-239-1289
FAX 515~239-1828
KM3
Subject: Street Finance Report
SEP ~ 7 2002
Dear City Clerk:
We acknowledge receiving the city's Street Finance Report for the period from July 1,
2001, through June 30, 2002, as required by the Code of Iowa, Chapter 312, Section 14.
This report, when combined with those submitted from other cities in Iowa, will provide the
Iowa Department of Transportation and the Federal Highway Administration with a
documented record of street receipts and expenditures in Iowa cities.
Peggi Knight, Interim Director
Office of Transportation Data
Planning and Programming Division
PK:kmc
F~m aoeo~ ~lowa Department of Transportation SFR-2
OFFICIAL FINANCIAL REPORT
for
CITY STREETS
City- Iowa City
County, Johnson
From July 1, 2001
to
June 30, 2002
I, Madan Karr , city clerk for the City of Iowa City, IA
do hereby certify that the city council has by resolution approved this report as its official 2002 Fiscal Year Street
Finance Report this 24th day of September, 2002
Clerk's City E-mail Address madan-karr(~iowa--city.org
Clerk's City Mailing Address 410 East Washington Street, Iowa City, IA 52240
Clerk's Hours 8:00AM- 5:00 PM Phone 319-356-5041
Preparer's Name Sara Sproule Phone 319-356-5088
Mayor Ernest Lehman
Mayor's City Mailing Address 410 East Washington Street, Iowa City, IA 52240
Members of the Council
Connie Champion Irvin Pfab
Steven Kanner Dee Vanderhoef
Michael O'Donnell Ross Wilburn
VERSION 1
On or before September 30. 2002. this report shall be filed with the Iowa Department of TrensportetJon.
Office of Transportation Date, 800 Lincoln Way, Ames. Iowa. 50010 Attn: Karen Magle-Crouse
Fo,, ~ ~lowa Department of Transportation SFR-2A
074)2
STREET FINANCE REPORT
FROM ALL SOURCES FOR STREET PURPOSES
Iowa City COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4
City Name
3715 ROAD USE OTHER DEBT
City# TAX FUND ROAD MONIES SERVICE TOTALS
(ROUND FIGURES TO NEAREST DOLLAR)
A. 1. Ending Balance on 2001 SF'_R (Line O) .... 1,249,896 1,249,896
2. Adjustment (Explain on SFR-2B) ......... 0
3. Actual Balance, July 1, 2001 ............. 1,249,896 0 0 1,249,896
ACTUAL RECEIPTS
B. 1. Road Use Tax ....................... 5,018,575 5,018,575
2. Property Taxes ....................... XXXXXXXXXX 3,142,208 3,142,208
3. Special Assessments ................. XXXXXXXXXX 0
4. Misc. (Itemize on Form SFR-2B) ....... XXXXXXXXXX 0 0 0
5. Proceeds From Bonds Sold, Notes, and LoanXXXXXXXXXX 13,159,120 13,159,120
6. Interest Earned ...................... ~XXXXXXXXXX 0
C. Total Receipts (Lines B1 thru B6) .......... 5,018,575 13,159,120 3,142,208 21,319,903
D. TOTAL FUNDS AVAILABLE (Line A3 + Line C) 6,268,471 13,159,120 3,142,208 22,569,799
ACTUAL EXPENDITURES
E. Maintenance
1. Roadway Maintenance ................. 1,772,853 1,772,853
2. Snow and Ice Removal ................ 219,865 219,865
3. Storm Sewers ........................ 0
4. Traffic Services ...................... 741,019 741,019
5. Street Cleaning ...................... 182,892 182,892
F. Construction or Reconstruction
1. Engineering ......................... 1,196,513 1,196,513
2. Right of Way Purchased ............... 548,091 548,091
3. Roadway Construction ................ 4,480,663 1,980,274 6,460,937
4. Storm Sewers ....................... 1,276,507 1,276,507
5. Traffic Services ...................... 72,011 72,011
6. Sidewalks ........................... 1,301,912 1,301,912
G.Administration ......................... 341,910 341,910
H. Street Lighting ......................... 366,749 366,749
I. Trees ................................. 47,000 47,000
J. Equipment (Purchased or Repaired) ........ 0
K. Misc. (Itemize on'Form SFR-2B) .......... XXXXXXXXXX 256,721 0 256,721
L. Bonds, Notes and Loans
1. Principal Paid ....................... 1,963,011 1,963,011
2. Interest Paid ........................ 1,179,197 1,179,197
M Non-Street Purposes ................... .XXXXXXXXXX XXXXXXXXXX 0
N Total Expenditures (Lines E thru M) ........ 4,480,663 10,304,317 3,142,208 17,927,188
O. BALANCE, June 30, 2002 (Line D minus Line N 1,787,808 2,854,803 0 4,642,611
P. TOTAL FUNDS ACCOUNTED FOR ......... 6,268,471 13,159,120 3,142,208 22,569,799
(Line N + Line O = Line D)
For assistance, call 515-239-t004
Send directly to: Iowa Department of Transportation, Office of Transportation Data,
800 Lincoln Way, Ames, Iowa, 50010 Attn: Karen Magie~Crouse
Fo~ ~ ~ll°wa Department of Transportation
o7-o2 ~ SFR-2B
STREET FINANCE REPORT
City Iowa City
Itemization of Misc. Receipts (Line B4 on Form SFR-2A
(See instructions.) COLUMN 2 COLUMN 3
Line B4 Totals 0 0
Itemization of Misc. Expenditures (Line K on Form SFR
"on street" parking expenses, street maint, bldg., insuran
administrative costs for printing, legal fees, bond fees, et
(See instructions) COLUMN 2 COLUMN 3
On Street Parking Expenses 204,742
Clear Creek Flood Remediation 4,850
Flood Plain Mapping 1,468
S nyder Creek Watershed 24,174
Creek Drainange Maintenance 7,021
Old Public Works Demo 14,466
Line K Totals 258,721 0
Comments:
Send directly to: Iowa Department of Transportation, Office of Transportation Data,
800 Lincoln Way, Ames, Iowa. 50020 Attn: Karen Magie-Crouse
lowa Department of Transportation
~xc~ STREET DEBT SUPPLEMENT FOR STREET FINANCE REPORT Form SFR-2D
3715 Iowa City 2002 WRS~O. ~
CITY # MUNICIPALITY YEAR
DEBT STATUS-RECEIPTS AND EXPENDITURES FOR DEBT DURING YEAR
DEBT DEBT ;TATE lC YEAR AMOUNT YEAR PRIN. AMOUNT PRINCIPAL INTEREST PRIN. AMOUNq'
TYPE PURPOSE # 3BTAINEE OBTAINED MATURITY OUTSTANDING PAID ON DEBT PAID ON DEBT OUTSTANDIN(
FOR STREETS 7/1 OR NEWER 6/30
*GENRL OBLIG ST IMP 105 1991 2,340,000 2002 5,133 5,133 287 0
*GENRL OBLIG ST IMP 107 1994 7,370,000 2004 856,500 285,500 40,29'~ 571,000
/
*GENRL OBLIG STIMP 110 1998 8,500,000 2013 4,165,056 347,088 173,240 3,817,968
*GENRL OBLIG STIMP 199 1995 8,500,000 2007 638,492 106,918 32,038 531,574
*GENRL OBLIG $ONST 301 1999 9.000,000 2018 4.409,800 259,400 197.661 4,150,400
*GENRL OBLIG O, ONST 302 2001 8,116,450 2018 7,710,631 232,552 399,648 7,478,079
*GENRL OBLIG CONST 303 1992 4,870,000 2002 141,052 141,052 7,759 0
*GENRL OBLIG CONST 304 1997 5,200,000 2007 2,026,028 343,118 94,458 1,682,910
*GENRL OBLIG CONST 2001 5,571.750 2016 5,571,750 242,250 233,809 5,329,500
*GENRL OBLIG CONST 2002 7,587,370 2012 7,587,370 7,587,370
(~
0
TOTAL 33,111,812 1,963,011 1,179,197 31,148,801
RETURN THIS COPY WITH STREET FINANCE REPORT
I
I
~r~lowa Department of Transportation
Excel STREET DEBT SUPPLEMENT FOR STREET FINANCE REPORT Form SFR-2D
3715 Iowa City 2002 vE~slo~ ~
CITY # ',,~ UNICr PALITY YEAR
DEBT STATUS-RECEIPTS AND EXPENDITURES FOR DEBT DURING YEAR
DEBT DEBT ;TATE IE YEAR AMOUNT YEAR ~RIN. AMOUNT PRINCIPAL INTEREST PRIN AMOUNI
TYPE PURPOSE # OBTAINE£ OBTAINED MATURITY OUTSTANDING PAID ON DEBT PAID ON DEBT OUTSTANDING
FOR STREETS 7/1 OR NEWER 6/30
0
C
£
I
0
0
0
i
0
0
0
0
£
TOTAL 0 0 0
Prepared by: Bob Miklo, PCD, 410 E. Washington St., Iowa City, IA 52240; 319-356-5240
RESOLUTION NO. 02-328
RESOLUTION APPROVING THE PRELIMINARY PLAT OF VILLAGE GREEN,
PART XXlI, IOWA CITY, IOWA,
WHEREAS, the owner, Nick Partners, filed with the City Clerk of Iowa City, Iowa, an application
for approval of the preliminary plat of Village Green, Part XXII; and
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the preliminary plat and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due
deliberation, recommended acceptance and approval of the plat; and
WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of
the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The preliminary plat of Village Green, Part XXII, Iowa City, Iowa, is hereby approved.
2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed
to certify this resolution, which shall be affixed to the plat after passage and approval by
law.
Passed and approved this 24t. h dayc~~~. ~
AoR
CI~LERK
It was moved by Vanderhoef and seconded by Pfab the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, tA 52240 (319) 356-5240 (SUB02-00013)
RESOLUTION NO.
RESOLUTION APPROVING FINAL PLAT OF VILLAGE GREEN, PART XXII, IOWA CITY, IOWA.
WHEREAS, the owner, Nick Partners, filed with the City Clerk the final plat of Village Green, Part
XXII, Iowa City, Iowa, Johnson_County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson
County, Iowa, to wit:
Outlot "A" Village Green - Pad XVI, containing 9.31 acres.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat and subdivision be accepted and approved; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with the
free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(2001) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The said final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
2. The City accepts the dedication of the streets, easements as provided by law and specifically
sets aside portions of the dedicated land, namely streets, as not being open for public access
at the time of recording for public safety reasons.
3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said
subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat affer
passage and approval by law. The City Clerk shall record the legal documents and the plat at
the office of the County Recorder of Johnson County, Iowa at the expense of the
owner/subdivider.
Resolution No.
Page 2
Passed and approved this day of ,20
MAYOR
Approved by
CITY CLERK Cit~ A'ttor-ney'sUOffice
It was moved by and seconded by the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilburn
STAFF REPORT
To: Planning and Zoning Commission Prepared by: Robert Miklo
Item: SUB02-00013, Village Green, Part XXll Date: September 5, 2002
GENERAL INFORMATION:
Applicant: NICK Partners
44 Sturgis Drive
Iowa City, IA 52246
Contact Person: Dick Hupfeld
887-7225
Requested action: Final plat.
Purpose: Development of 23 single-family lots
and 1 lot for 13 condominium dwelling
units.
Location: West of Scott Boulevard north of
Wellington Drive
Size: 9.31 acres
Existing land use and zoning: Undeveloped, RS-5 (OPDH-5 pending)
Surrounding land use and zoning: North: Single-family, RS-5
East: Manufacture housing, County RMH
South: Condominium OPDH-8
West: Single-family, RS-5
Comprehensive Plan: Residential 2-8 dwelling units per acre.
BACKGROUND INFORMATION:
At the June 20 meeting the Commission recommended that the City Council approve the
preliminary plat and OPDH rezoning for Village Green, Part XXII. It is anticipated that the
Council will complete approval of the rezoning and preliminary plat at its September 24'h
meeting.
ANALYSIS:
The final plat as submitted is in conformance with the approved preliminary plat and OPDH
Plan. Construction plans and legal papers must be approved by staff, prior to Council
consideration of the final plat.
STAFF RECOMMENDATION:
Staff recommends that SUB02-00013, the final plat of Village Green, Part XXII, a 9.31-
acre, 24-1ot residential subdivision located west of Scott Boulevard and north of
Wellington Drive, be approved subject to staff approval of legal papers and construction
drawings prior to City Council consideration.
Attachments:
1. Location map
2. Final plat ---~-~//~/'~,~,~,~-~_/'~1 f7
Approved by:
Karin Franklin, Director
Dept. of Planning and Community Development
SITE LOCATION: Village Green Part XXll SUB02-00013
FINAL PLAT
VILLAGE GREEN PART
A EESUBDIVISION OF 0UTLOT "A" VILLAGE GREEN - PART XVI
IOWA CITY, IOWA
LEGEND AND NOTES
¥~LLA~IE
,,,
-Zii.-.'--, .... ::----. "
~'"'~" '""" '"'7--- ' ~
:' "?'-?- '~ i " ' / '
....... ~'"" '~"~ i / _. /i // '," .... '-- ~--.
Planning and Zoning Commission Minutes
September 5, 2002
Page 12
this is a forewarning that this needs to be dealt with before there is another applicant who goes right to
building something that there are concerns around. He suggested it go to the top of the work list.
Anciaux said he did not believe there are any lead pipes in the City's water distribution system. He said
that if there are lead pipes, they are the private lines that lead from the public lines.
SUBDIVISION ITEM:
SUB00-00013.. Discussion of an application submitted by NICK Partners for the final plat of Village Green,
Pad XXII, a 9.31 acre, 24-1ot residential subdivision located north of Wellington Road and west of Scott
Boulevard. (45-day limitation period expires October 12)
Miklo said the Commission reviewed the preliminary plat and planned development overlay for this
property a few months ago. He said those items are now being considered before City Council.
Miklo said approval of the final plat would finalize the process, and the plat as submitted is in order for
approval. He stated that staff recommends approval of the plat subject to staff approval of legal papers
and construction drawings prior to City Council consideration.
Public discussion:
Ron Amelon,1072 Goldenrod, said he represents MMS Consultants and was available to answer
questions about the application.
Bovbjerg stated that the corner of Wellington and Scott has multi-family units on it and asked if those
were all to be on one lot. Amelon confirmed this. Bovbjerg asked if these units will be accessible to those
with disabilities. Amelon confirmed this, saying that the developer has stressed to him the importance of
the grading being laid out so that these units are accessible.
Public discussion closed.
MOTION: Freerks moved to approve SUB02-00013, an application submitted by NICK Partners for
the final plat of Village Green, Part XXlI, a 9.31 acre, 24-1ot residential subdivision located north of
Wellington Road and west of Scott Boulevard subject to staff approval of legal papers and
construction drawings prior to City Council consideration. Hansen seconded the motion. The
motion carried on a vote of 6-0.
CONSIDERATION OF THE AUGUST 15, 2002 MEETING MINUTES:
Bovbjerg said she had some editorial wording changes that she discussed with Behr that did not change
the essence of the minutes.
MOTION: Shannon moved to approve the minutes of the August 15, 2002 Planning and Zoning
Commission meeting. Chait seconded the motion. The motion carried on a vote of 6-0.
Freerks asked if there was any information from the University regarding the vacation on Grand Avenue.
Miklo said staff has drafted an agreement for the University's consideration regarding the historic
property, but otherwise the University has provided no further information.
Shannon asked Behr if Iowa City was somewhat unique in the fact that someone can request a rezoning
of another person's property, as he understood that in other municipalities the person whose property is
to be rezoned is required to sign off on that rezoning. Behr answered that Iowa City may be unique in how
often this happens, but the City is not unique in that legally someone can make the request without the
owner's approval. He said he would disagree with the contention that it is common for the property owner
to have to approve.
Behr said whether a person applies to rezone someone else's property or he requests that the City
rezone that property on its initiative, it either comes to the Commission with a staff opinion with another
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 02-329
RESOLUTION APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF
IOWA CITY AND THE UNIVERSITY OF IOWA FOR THE OLD WATER PLANT SITE ON
MADISON STREET AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST ANY DOCUMENT OF CONVEYANCE REQUIRED BY SAID
AGREEMENT.
WHEREAS, the City is building a new water plant north of Interstate 80 and intends to vacate the
old water plant site on Madison Street when the new plant is operational; and
WHEREAS, the University of Iowa desires to purchase the old water plant site; and
WHEREAS, an agreement for the University's purchase of the old water plant site from the City of
Iowa City has been negotiated and is attached hereto and incorporated by reference herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, iOWA, THAT:
1. The purchase agreement attached hereto between the City of Iowa City and the University of
Iowa for the old water plant property on Madison Street is hereby approved.
2. The City Attorney is hereby directed and authorized to take all action necessary by the City to
effectuate the conveyance of real estate required by said agreement. At the direction of the
City Attorney, the Mayor is hereby authorized to sign and the City Clerk to attest any
document of conveyance or easement required by said agreement.
Passed and approved this 24th day of, ,20 02 .
ATTEST: ~ ¢~. ~
CITY'CLERK City Attorney's Office
eleanor~res\waterplant.2doc
Resolution No. 02-329
Page 2
It was moved by Pfab and seconded by Vanderhoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X ' - Kanner
X . Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
OFFER TO B~ R~L ESTATE AND A~EPTANCE
(NONRESIDENT~L)
TO Clty of Io~ City, Iowa, a ~ntclp~ corporation .(6~R6)
See ~htbtcs A through E attached hereto. ~e precise legal description of
each parcel to be established to the satisfaction of Buyer after c~letion
· of ex~ation of the abstracts of title to this property.
m eammt money, lo be d~emd to the SELLER8 up~ ~ d SELLERS' 01~gaflo~ ~nd tal~fadi~t of BUYERS' ~ttingan~, ~
al't o:~ Seller% obltiaciens hez'eunder, all 1:o occu~ on Ju].y 1, 2003.
7~NDIT~N~FPR~PERTY~Th~pr~eny~a~f~dm~fthi~A~memer~nduding~gr~un~nddJknpmvmm~
by ihe SELLERE~ ~ ~,. pm~ =e~tk~ ~ pe~am~on, m'dlna~y wear end tear excep~d. SELLER8 n~ke no v, anm~e, expmeaed ~r Impled, ~ Io
B. (If 'A' k~ eM~ken) WIIhlll daye after ~ mx~pm~e of tt~ Agreen~L BUYER8 may, at thor ~J eaq~me, Imve the pmpmty
~ ~k~ In ~ELLER8 e emfeimlly *with ~,a Agreement, Iowa taw, a~l tl~ ~ ~ the Iowa 8t~e ~ ~ The 8ELLER8 ~dl
ADDENDUM TO OFFER TO BUY AND ACCEPTANCE
TO CITY OF IOWA CITY BY THE UMIVERSITY OF IOWA
The following provisions are 'made a part of the attached Offer
to Buy and Acceptance document:
A. The Buyer's obligations to perform this contract are
subject to the approval of this Offer to Buy by the Board
of Regents of the State of Iowa and by the State of Iowa
Executive Council. The obligations of the City of Iowa
City to perform this contract are subject to the approval
of the City Council of Iowa City, Iowa, and compliance
with the hearing requirements of Section 364.7, Iowa Code.
In the event these three approvals are not obtained by the
1st day of November, 2002, either party may declare this
agreement null and void and all amounts paid hereunder
shall be returned to the Buyer.
B. The improvements on the real property to be purchased
hereunder are purchased in an ~as is" condition. The cost
of demolition of said improvements to the extent said
demolition is desired by Buyer shall be paid by Buyer.
C. Seller shall have the option, but not the obligation, to
remove any operating equipment.or fixtures from the
property prior to closing.
D. Portions of the property to be sold herein are located in
existing or former public streets and right-of-ways.
Seller shall pursue all statutory vacation procedures
necessary to vacate this property. In the event vacation
does not occur by the 1st day of February, 2003, the Buyer
may declare this Agreement null and void, and all payments
made hereunder shall be ~eturned. ~
E. The following easements are to be reserved in the
conveyances required by this Offer to Buy in favor of the
City of Iowa City. The precise terms of these easements
are subject to the approval of both Buyer and Seller. In
the event said easements are not agreed upon by both
parties by the 1st day of May, 2003, either party may
declare this agreement null and void. The easement
locations and purposes are as follows:
(t) An approximately three square foot easement for
access to the river from Davenport Street as shown
and described in Exhibit ~A#.
(2) An approximately 1,640 square foot water main,
electric line, and teleco~lLLunication easement located
in the property described in Exhibit nB".
(3) A 6,549 square foot easement for water main, drain
line, teleconm~unication lines, electric lines, and
Jordan and Silurian well sites located within the
property described in Exhibit "C".
(4) A 36,158 square foot easement for water main,
sanitary sewer, telecommunication lines and electric
lines located within the tract described in Exhibit
(5) A 3,207 square foot water, telec~,~,~nication and
electric line easement and a 2,051 square drain line
easement located within the tract described in
Exhibit "E".
F. The parties hereto will modify and amend the existing
Chapter 28E agreement dated August 9, 1988, and entitled
~Providing for the Development, Use, Occupancy, Management
and Operation of a Parking Garage and Chilled Water
Facility and Water Storage Facility" as follows:
(a) To Part II, 5(i) will be added the following:
said easement for a fire lane will terminate whenever
University constructs any improvements on any portion
of said easement way and provides City with a
replacement fire lane access on either Bloomington or
Madison Streets or some other mutually agreed
location.
(b) Part III, 2, second and third unnumbered paragraphs
thereof will be deleted and replaced with the
following:
This agreement and City's right to use and occupy the~
premises shall te~u~nate on December 31,~ 2052,
provided that University has provided an alternate
site that is acceptable to city on which to locate
city's facilities, and further provided that
University at any time after execution of this
agreement can require the water storage facility to
be moved to an alternate site that is acceptable to
city on which to relocate the city facilities. If
University requires this move prior to December 31,
2
2052, University will pay the cost of moving said
facility to the alternate site and the cost of
construction of the replacement facility. If the
required move is made after December 31, 2052, the
cost of said move and the replacement facility will
be paid by city. The date of the ~'required move"
shall be the date of the written notification from
University to City that said move is required.
(c) Part III.shall be amended to reflect the city's right
and obligation to maintain the booster station
addition to the water storage facility.
(d) The inaccurate reference to the 20-foot wide easement
for two existing water mains in vacated "Bloomington
Street" shall be corrected and changed to "Davenport
Street".
G. The Warranty Deed required byparagraph 11 of the attached
Offer to Buy and Acceptance will be utilized to convey
~ Parcels A and B attached hereto. Conveyance of Parcels C,
D, and E will be by Quit Claim Deed from City.
H. Buyers use of the property shall be in compliance with all
federal and state laws and regulations governing water
source, supply and facilities, .including those provisions
for separation between water sources and incompatible
uses. This provision shall survive the closing of the
transaction and delivers~ of the Warranty Deed.
CITY OF IOWA CITY, THE UNIVERSITY OF IOWA
a Municipal Corporation ·
By:~' ~
- SELLER - - BUYER -
Le f f / J c/PAL/Misc/Uof I -CityIC-Addend~ f f er: dml
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FOR THEE (~'Y (:X= IOWA C~'y
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LINE: OF 0AVE~IPORT ST;
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BL(3(3~40,IOTON
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FOR TI'E cn'Y oF IOWA CTTY
FOR C~TY FACI.~ ~ a:~ (AFEA C)
Iff DAVI~POF~ ~-Irt==J, IOWA CITY
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Prepared by: Kumi Mords, Engineering Div., 410 E. Washington St., Iowa City, IA 52240 (319)356-5044
RESOLUTION NO. 02-330
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO Al-rEST A CONTRACT FOR
CONSTRUCTION OF THE TRANSIT BUILDING REROOFING PROJECT.
WHEREAS, DrySpace, Inc. of Cedar Rapids, Iowa, has submitted the lowest responsible bid of
$112,228.00 for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the construction of the above-named project is hereby awarded to
DrySpace, Inc., subject to the condition that awardee secure adequate performance and
payment bond, insurance certificates, and contract compliance prOgram statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
Passed and approved this 24th dayof 20 02
Ap~ by .
It was moved by Vanderhoet and seconded by Pr'ab the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
pwengVes',t ran sitroo fawd.doc
9/02
ADVERTISEMENT FOR BiDS
IOWA CITY TRANSIT FACILITY
RE-ROOFING PROJECT
Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:00 P.M. on the 'i2th day of
September, 2002, or at a later date and/or time as determined by the Director of Public Works or designee, with notice
of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately there-
after by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes
of this Pro ect. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at
7:00 P.M. on the 24 h day of September, 2002, or at such later time and place as may be scheduled.
The Project will involve the following:
The project will involve removing the existing roof and replacing a new roof on the existing
public transit facility at 1200 S. Riverside Dr., Iowa City.
All work is to be done in strict compliance with the plans and specifications prepared by Van Winkle-Jacob
Engineering of Coralville, Iowa, which have heretofore been approved by the City Council, and are on file for public
examination in the Office of the City Clerk.
Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope,
separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a
surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER
OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder
fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City ensuring the faithful
performance of the contract and maintenance of said Project, if required, pursuant to the previsions of this notice and
the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to
exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned
after the canvass and tabulation of bids is completed and reported to the City Council.
The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the
contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the
prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of
any kind caused directly or indirectly by the operafion of the contract, and shall also guarantee the maintenance of the
improvement for a period of two (2) years from and after its completion and formal acceptance by the City.
The following limitations shall apply to this Project:
Start Date: October 1,2002
Completion Date: November 29, 2002
Liquidated Damages: $250.00 per day
The plans, specifications and proposed contract documents may be exam[ned at the office of the City Clerk. Copies of
said plans and specifications and form of proposal blanks may be secured at the Office of Van Winkle-Jacob
Engineering, Coralville, Iowa, by bona fide bidders. Van Winkle-Jacob Engineering may be contacted at (319) 338-
4939.
A $30.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other
interested persons. The fee shall be in the form of a check, made payable to Van Winkle-Jacob Engineering.
Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors
on City projects.
Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the
bidder intends to subcontract. This list shall include 'the type of work and approximate subcontract amount(s).
The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors,
together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized,
the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's.
A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-
4721.
The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and
irregularities.
Published upon order of the City Council of Iowa City, Iowa.
MARIAN K. KARR, CITY CLERK
pw~ng~adforbids\transitreroof.docg/99
R-1
Prepared by: Janet Lower, Civil Engineer, 410 E, Washington St., Iowa City, IA 52240 (319)356-5145
RESOLUTION NO. 02-331
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO Al=rEST A CONTRACT FOR
CONSTRUCTION OF-THE 2002 CURB RAMP PROJECT,
WHEREAS, Knish Corporation of Lonsdale, Minnesota has submitted the lowest responsible bid
of $58,554.00 for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the construction of the above-named project is hereby awarded to Knish
Corporation subject to the condition that awardee secure adequate performance and
payment bond, insurance certificates, and contract compliance program statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
Passed and approved this 24th day of Se tember ., 20 02
Approved by
CITY'CLERK Ci~y"/~t(~rr~e~;'s Office
It was moved by Champion and seconded by Pfab the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
pweng\re sg2002cu rbawrd con .doc
9/O2
ADVERTISEMENT FOR BIDS
2002 CURB RAMP PROJECT
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 10:30
A.M. on the 17th day of September, 2002, or at a
later date and/or time as determined by the
Director of Public Works or designee, with notice
of said later date and/or time to be published as
required by law. Sealed proposals will be opened
immediately thereafter by the City Engineer or
designee. Bids submitted by fax machine shall
not be deemed a "sealed bid" for purposes of this
Project. Proposals will be acted upon by the City
Council at a meeting to be held in the Emma J.
Harvat Hall at 7:00 P.M. on the 24th day of
September, 2002, or at such later time and place
as may be scheduled.
The Project will involve the following:
Construction of 6-inch thick colored and
stamped Portland Cement Concrete curb
ramps at specified locations. Construction of
4-inch thick Portland Cement Concrete
sidewalk and remove and replace curb (or
grind curb drop) where needed to
construction curb ramps to specifications.
All work is to be done in strict compliance with
the plans and specifications prepared by Rick
Fosse, P.E. of Iowa City, Iowa, which have
heretofore been approved by the City Council,
and are on file for public examination in the Office
of the City Clerk.
Each proposal shall be completed on a form
furnished by the City and must be accompanied
in a sealed envelope, separate from the one
containing the proposal, by a bid bond executed
by a corporation authorized to contract as a
surety in the State of Iowa, in the sum of 10% of
the bid. The bid security shall be made payable to
the TREASURER OF THE CITY OF IOWA CITY,
IOWA, and shall be forfeited to the City of Iowa
City in the event the successful bidder fails to
enter into a contract within ten (10) calendar days
of the City Council's award of the contract and
post bond satisfactory to the City ensuring the
faithful performance of the contract and mainte-
nance of said Project, if required, pursuant to the
provisions of this notice and the other contract
documents. Bid bonds of the lowest two or more
bidders may be retained for a period of not to
exceed fifteen (15) calendar days following award
of the contract, or until rejection is made. Other
bid bonds will be returned after the canvass and
tabulation of bids is completed and reported to
the City Council.
The successful bidder will be required to furnish
a bond in an amount equal to one hundred
percent (100%) of the contract price, said bond to
be issued by a responsible surety approved by
the City, and shall guarantee the prompt payment
AF-1
of all materials and labor, and also protect and
save harmless the City from all claims and
damages of any kind caused directly or indirectly
by the operation of the contract, and shall also
guarantee the maintenance of the improvement
for a period of one (1) year(s) from and after its
completion and formal acceptance by the City
Council.
The following limitations shall apply to this
Project:
Working Days: 55
Early Start Date: September 30, 2002
Liquidated Damages: $250.00/day
The plans, specifications and proposed contract
documents may be examined at the office of the
City Clerk. Copies of said plans and specifi-
cations and form of proposal blanks may be
secured at the Office ef the City Engineer, Iowa
City, Iowa, by bona fide bidders.
A $10.00 non-refundable fee is required for each
set of plans and specifications provided to
bidders or other interested persons. The fee shall
be in the form of a check, made payable to the
City of Iowa City.
Prospective bidders are advised that the City of
Iowa City desires to employ minority contractors
and subcontractors on City projects. A listing of
minority contractors can be obtained from the
Iowa Department of Economic Development at
(515) 242-4721 and the Iowa Department of
Transportation Contracts Office at (515) 239-
1422.
Bidders shall list on the Form of Proposal the
names of persons, firms, companies or other
parties with whom the bidder intends to subcon-
tract. This list shall include the type of work and
approximate subcontract amount(s).
The Contractor awarded the contract shall
submit a list on the Form of Agreement of the
proposed subcontractors, together with quanti-
ties, unit prices and extended dollar amounts.
By virtue of statutory authority, preference must
be given to products and provisions grown and
coal produced within the State of Iowa, and to
Iowa domestic labor, to the extent lawfully re-
quired under Iowa Statutes. The Iowa reciprocal
resident bidder preference law applies to this
Project.
The City reserves the right to reject any or all
proposals, and also reserves the right to waive
technicalities and irregularities.
Published upon order of the City Council of Iowa
City, Iowa.
MARIAN K. KARR, CITY CLERK
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
RESOLUTION NO. 02-332
RESOLUTION RESCINDING RESOLUTION NO. 01-353 AND THEREBY
TERMINATING THE NEIGHBORHOOD HOUSING RELATIONS TASK FORCE.
WHEREAS, Resolution No. 01-353 established a Neighborhood Housing Relations Task Force
(hereinafter "Task Force") to fulfill the goal of improving peaceful habitation in Iowa City and
appointed eleven individuals representing the interests of tenants, landlords, and
neighborhoods to serve on the Task Force;
WHEREAS, the Task Force met fifteen (15) times between November 7, 2001 and May 22,
2002;
WHEREAS, the Task Force held one public forum to elicit comments from the public on its
proposals;
WHEREAS, the Chair of the Task Force met with the City Council at work sessions on July 1,
2002 and August 19, 2002;
WHEREAS, the Task Force submitted its "Proposed Initiatives/Report of Task Force"
(hereinafter "the Report") to the City Council on June 27, 2002;
WHEREAS, City Council wishes to express its appreciation for all the time and effort expended
by the members of the Task Force and anticipates that most of the recommendations will be
adopted and that said recommendations will have a positive impact on City neighborhoods;
WHEREAS, the goals set out in Resolution No. 01-353 have been met;
WHEREAS, the City Manager appointed a Housing Relations Committee on September 5,
2002, consisting of staff and citizens, to implement the Task Force's proposals and to continue
the dialogue about neighborhood concerns; and
WHEREAS, it is in the public interest to rescind Resolution 01-353.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that Resolution No. 01-353 is rescinded.
Passed and approved this 24th day 20 02
Approved by
CITY'CLERK City Attorney's Office
sue/ord&res/nhnf doc
Resolution No. 02-332
Page ~
It was moved by Champion and seconded by Vandet'hoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X ' - Kanner
X Lehman
~( O'Donnell
X Pfab
X Vanderhoef
X Wilburn
Prepared by: Sylvia Mejia, Personnel, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5025
RESOLUTION NO. 02-333
RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE LIBRARY BY
DELETING ONE SENIOR LIBRARIAN POSITION AND ADDING ONE LIBRARY
SYSTEMS MANAGER POSITION AND AMENDING THE ADMINISTRATIVE PAY
PLAN BY ADDING THE POSITION OF LIBRARY SYSTEMS MANAGER.
WHEREAS, Resolution No. 01-167, adopted by the City Council on June 12, 2001, established
a classification/compensation plan for Administrative employees; and
WHEREAS, Resolution No. 02-37, adopted by the City Council on February 5, 2002, authorized
permanent positions in the Library for FY03; and
WHEREAS, the Iowa Public Employment Relations Board has determined that the Senior
Librarian position administering the library information technology system is a supervisory
position, and
WHEREAS, supervisory positions are exempt by law from the general employees (AFSCME)
bargaining unit; and
WHEREAS, it is necessary to change the current job title to reflect the supervisory duties of this
position, amend the budgeted positions to reflect this title change, and amend the pay plans as
appropriate.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The budgeted positions in the Library be amended by:
a. The deletion of one full-time Senior Librarian.
b. The addition of one full-time Library Systems Manager.
2. The Administrative pay plan be amended by the addition of the position of Library Systems
Manager, pay grade 29.
Passed and approved this 24th dayof September ,20 02
"'CITY CLERK
hurranre~/res4ibsy~,~g r.doc
Resolution No. 02-333
Page 2
It was moved by Champion and seconded by Pfab the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X - Kanner
X Lehman
× O'Donnell
X Pfab
X Vanderhoef
X Wilburn
Prepared by: Sylvia Mejia, Personnel, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5025
RESOLUTION NO. 02-334
RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE RECREATION
AND CEMETERY DIVISIONS OF THE PARKS AND RECREATION
DEPARTMENT AND THE AFSCME AND ADMINISTRATIVE PAY PLANS BY
DELETING THE POSITIONS OF SENIOR MAINTENANCE WORKER
RECREATION AND SENIOR MAINTENANCE WORKER - CEMETERY AND
ADDING THE POSITIONS OF RECREATION MAINTENANCE SUPERVISOR
AND CEMETERY SUPERVISOR.
WHEREAS, Resolution No. 01-167, adopted by the City Council on June 12, 2001, established
a classification/compensation plan for Administrative employees; and
WHEREAS, Resolution No. 01-189, adopted by the City Council on June 26, 2001, established
a classification/compensation plan for AFSCME employees; and
WHEREAS, Resolution No. 02-37, adopted by the City Council on February 5, 2002, authorized
permanent positions in the Recreation and Cemetery Divisions of the Parks and Recreation
Department for FY03; and
WHEREAS, the Iowa Public Employment Relations Board has determined that the positions of
Senior Maintenance Worker - Cemetery and Senior Maintenance Worker - Recreation are
supervisory positions; and
WHEREAS, supervisory positions are exempt by law from the general employees (AFSCME)
bargaining unit; and
WHEREAS, it is necessary to change the current job titles to reflect the supervisory duties of
the positions, amend the budgeted positions to reflect this change, and amend the pay plans as
appropriate.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The budgeted positions in the Recreation Division of the Parks and Recreation Department
be amended by:
a. The deletion of one full-time Senior Maintenance Worker - Recreation.
b. The addition of one full-time Recreation Maintenance Supervisor.
2. The budgeted positions in the Cemetery Division of the Parks and Recreation Department
be amended by:
a. The deletion of one full-time Senior Maintenance Worker - Cemetery.
b. The addition of one full-time Cemetery Supervisor.
3. The ^FSCME pay plan be amended by:
a. The deletion of the position of Senior Maintenance Worker - Recreation, pay grade 14.
Resolution No. 02-334
Page 2
b. The deletion of the position of Senior Maintenance Worker - Cemetery, pay grade 15.
4. The Administrative pay plan be amended by:
a. The addition of the position of Recreation Maintenance Supervisor, pay grade 27.
b. The addition of the position of Cemetery Supervisor, pay grade 27.
Passed and approved this 24th day of September ,20 02
"'CITY CLERK ity Attor ey'~
It was moved by Vanderhoef and seconded by Wi'lburn the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
/~'"t~'~:~ [ °9'24'°2115
Prepared by: Sylvia Mejia, Personnel, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5025
RESOLUTION NO. 02-335
RESOLUTION AMENDING THE AFSCME AND ADMINISTRATIVE PAY PLANS
BY DELETING THE POSITIONS OF SECTION 8 COORDINATOR AND PUBLIC
HOUSING COORDINATOR FROM THE AFSCME PAY PLAN AND ADDING THE
POSITIONS OF SECTION 8 COORDINATOR AND PUBLIC HOUSING
COORDINATOR TO THE ADMINISTRATIVE PAY PLAN.
WHEREAS, Resolution No. 01-167, adopted by the City Council on June 12, 2001, established
a classification/compensation plan for Administrative employees; and
WHEREAS, Resolution No. 01-189, adopted by the City Council on June 26, 2001, established
a classification/compensation plan for AFSCME employees; and
WHEREAS, the Iowa Public Employment Relations Board has determined that the positions of
Section 8 Coordinator and Public Housing Coordinator are supervisory positions; and
WHEREAS, supervisory positions are exempt by law from the general employees (AFSCME)
bargaining unit; and
WHEREAS, it is necessary to amend the AFSCME and administrative pay plans to reflect this
change.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The AFSCME pay plan be amended by:
a. The deletion of the position of Section 8 Coordinator, pay grade 13.
b. The deletion of the position of Public Housing Coordinator, pay grade 13.
2. The Administrative pay plan be amended by:
a. The addition of the position of Section 8 Coordinator, pay grade 26.
b. The addition of the position of Public Housing Coordinator, pay grade 26.
Passed and approved this 24th _dayof Sept,~ber ,20 02
Resolution No. (02-335)
Page ~ ~
It was moved by O'Donnell and seconded by Vander'hoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X ' - Kanner
X Lehman
)~ O'Donnell
X Pfab
X Vanderhoef
X Wilburn
Prepared by: Dale Helling, Asst. City Mgr., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5013
RESOLUTION NO. 02-336
RESOLUTION APPROVING MCC IOWA, INC,'S REQUESTED RATE
INCREASE AND ESTABLISHING MAXIMUM PERMI'i-FED RATES FOR
BASIC CABLE SERVICE
WHEREAS, pursuant to the public law and the regulations of the Federal Communications
Commission (FCC), the City of Iowa City, Iowa (City), retains regulatory authority over basic
cable television services provided by MCC Iowa, Inc. (MCC) in the authorized franchise area
encompassing the City; and
WHEREAS, MCC filed FCC Form 1240 dated April 29, 2002, for the purpose of requesting and
justifying an adjustment to its rates for basic cable services to be effective on August 1, 2002;
and
WHEREAS, MCC filed FCC Form 1205 dated April 29, 2002, for the purpose of requesting and
justifying adjustment to rates charged for cable service, equipment installation and rental to be
effective on August 1, 2002; and
WHEREAS, in the exercise of its regulatory authority, the City has reviewed these filings,
attachments, responses to requests for information, and other materials and has determined
that MCC's FCC Form 1240 calculated Maximum Permitted Rate was not established within
FCC rules; and the FCC Form 1235 justifying a $1.08 Network Upgrade Add-on has not been
properly filed; and that the FCC 1205 determined rates for equipment installation and rental are
reasonable; and
WHEREAS, the findings from the City's review of these filings are presented in a report attached
to this Resolution.
NOW THEREFORE, BE IT RESQLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
(1) MCC's operator selected rate based on the 1240 alone of $13.91 per subscriber per
month to be effective on August 1, 2002, is reasonable and is approved.
(2) The Maximum Permitted Rate for basic cable service shall be established as $14.4617
per subscriber per month effective August 1, 2002.
(3) MCC shall take into account the City's FCC Form 1240 adjustments and utilize the City's
Maximum Permitted Rate of $14.4617 per subscriber per month when calculating its
Maximum Permitted Rate and performing the true-up calculation on its next FCC
Form 1240.
(4) MCC'S proposed rates for equipment installation and rental as determined by the FCC
Form 1205 filing are approved to become effective on August 1, 2002.
Resolution No. 02-336
Page 2
Passed and approved this 24th dayof September ,20 02
Approved by
ClTY~6LERK ' City Attorn~;'~ O(fic~'
It was moved by 0' Donnel 1 and seconded by Vanderhoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
× Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
mgr~asst\res\cablevii doc
RICE, WILLIAMS ASSOCIATES
REPORT ON
REVIEW & ANALYSIS OF FCC FORM 1240 8,: 1205 [2002]
FILED BY
MCC IOWA, LLC
FOR
IOWA CITY, IOWA
AUGUST 23, 2002
SUMMARY
This is a review of Federal Communications Commission ["FCC"] Form 1240 &
1205, dated April 29, 2002, filed by MCC Iowa, LLC ["MediaCom"] relating to the
updating of permitted rates for basic tier cable programlning service ["BST"] and
equipment installation and rental services which are regulated by the City of Iowa City,
Iowa ["City"]. These filings were transmitted by MediaCom cover letter dated April 29,
2002, which indicates that price adjustments would take effect on or about August 1,
2002. The conclusion of this review is that MediaCom's proposed rate for BST
programming services [FCC Fo~m 1240] exceeds the adjusted maximmn permitted rate,
and therefore is tmreasonable. The rates proposed for equipment installation and rental
services [FCC Form 1205] do not exceed the adjusted maximum permitted rates
detemfined pursuant to FCC regulations, and therefore are reasonable.
MediaCom's calculations determine a Maximum Permitted Rate ["MPR"] for the
B ST of $15.9888 per subscriber per month [inclusive of FCC regnlatm3~ fees] for basic
cable services. In addition, MediaCom's filing lists a "Network Upgrade Add-on"
amount of $1.08 per subscriber per month. MediaCom has proposed implementing a rate
of $14.99 per subscriber pet' month which it an'ives at by combining a prell on of the
calculated MPR [$13.91 ] with the network upgrade add-on of $1.08. Rice Williams has
determined flint the FCC Form 1240 MPR should be lower at a level of $14.4617 per
subscriber per month, and finds that there is no basis for application eatd inclusion of any
system nem, ork up~ade component in the BST rate. Accordingly, the rate that
MediaColn proposes to put into effect of $14.99 per subscriber per month is
unreasonable and should be denied. Pursuant to Rice Williams' analyses as more fully
described hereinafter, the maximum rate that should be allowed for BST cable
progratnming services is $14.46 pet' subscriber per month.
2121K S~eet, NW 209 Elden Street
Sui~ 800 Sui~ 200
Washington, DC 20037 Herndon, VA20170
Phone:(202) 737-2400 Phone:(703) 467-9833
City of Iowa City, Iowa
MCC Iowa, LLC
Review of FCC Form 1240 & 1205
August 23, 2002
Page 2 of 7
ANALYSES
The Jbllcnving analyses of MediaCom ~'filings assume the accuracy of the
infi)rmation supplied by MediaCom in its filings u,ith respect to MediaCom's particular
costs qf providing cable services. No audit ofMediaCom's books and records has been
done and none of its system cost asstmtptions has been checked against any independent
sources. In order to clarify some of the costs and calculations matte by MediaCom, a
requestJbr additional in]brmation ~,as prepared and submitted Accordingly, the
following analyses also are bas'ed upon, and rely upon, the accuracy of the MediaCom
responses.
FCC FORM 1240
Pursuant to FCC regulations, cable system operators m'e permitted to adjust their
rates periodically for increases and decreases in costs relating to retransmission consent
fees, copyright fees, programming costs, certain cable specific taxes, franchise-related
costs, and FCC regulatory fees. On September 15, 1995, the FCC adopted new rules
giving regulated cable operators the option of filing for rate adjustments on an annual
basis instead of the existing quarterly system embodied in the FCC Form 1210.
Subsequently, the FCC issued its instructions and aualytical model for the FCC Form
1240 which implements the latest filing rules. MediaCom's predecessor elected this
option in 1996.
The FCC Form 1240 annual filing system examines a stream of historical costs
that have occurred over a period of time, relates this to the revenues actually collected
during the same period and computes a monthly adjustment to apply to a furore rate. The
rote to be charged in a future pehod is developed based on a projected 12 months of costs
and the unit rate adjustment, or "m~e-up," from the historical period is added to this
projected period maximum pernfitted rate to deterufine the total maximum permitted rate
to be charged for the future 12 months period. Each subsequent annual FCC Form 1240
filing will evaluate a historical, or "Tree-Up Period," and a future, or "Projected Period,"
as part of the process of establishing a new maximum pe~xnitted rate for a future 12
months period.
For its year 2002 FCC Foden 1240 filing, MediaCom has chosen to establish rates
for the "Projected Period" of August 1, 2002, through July 31, 2003. The "True-Up
Period" chosen by MediaCom is fi'om December 1, 2000, ttu'ough Janum2~ 31, 2002.
This is a 14 month true-up period and pm'suant to the FCC Foden 1240 format requires
City of Iowa City, Iowa
MCC Iowa, LLC
Review of FCC Form 1240 & 1205
August 23, 2002
Page 3 of 7
that the True-Up Period be split into a 12 month "True-up Period 1" and a 2 month
"True-up Period 2." A Maximum Permitted Rate was dete~nined by separate
calculations for each of these three periods. Under the FCC Form 1240, the True-Up
Period Maximum Pe~nitted Rate is the sum of (l) the prior rate net of prior external
costs; (2) an inflation segment; and, (3) the "actual" external costs experienced in the
True-Up Period. This rate is utilized to determine the level of revenue that the cable
system was entitled to collect in the Tree-Up Period, and this amount is compared to the
"actual" amounts collected which are determined by multiplying the average rate charged
by the average number of subscribers and by the months in the True-Up Period. The
difference is an amount that the cable system is permitted to collect [or refund], with
interest, uniformly over the Projected Period.
As the first step in the review and analysis of MediaCom's filing, the information
provided by MediaCom was incorporated into the official FCC Fo~m 1240 analytical
~nodel. The results from this analysis replicate the calculations provided by MediaCom
in its year 2002 FCC Form 1240 filing m~d thereby demons~ates that MediaCom's filing
is mathematically accurate. However, several input errors appear in MediaCom's FCC
1240 presentation, and its determination of "Franchise Related Costs" shown on the
attachment to the filing and as included into Worksheet 7, "Exterual Costs," requires
modification. In accordance with FCC practice, MediaCom's filing also has been
adjusted to reflect the latest FCC inflation figares as released by the FCC on July 3, 2002.
MediaCom's FCC Form 1240 should have used the adjusted MPR and its
components approved by the City last year as the starting point for this filing. Instead,
MediaCom used the MPR that it had calculated in last year's FCC Form 1240 filing and
ignored the City's last rate order. MediaCom's filing has been adjusted to reflect this
con'ect starting point.
On Worksheet 8, "True-up Rate Charged," MediaCom e~Toneously used rates that
did not include the $0.04 per subscriber per month for the FCC regulatory fee that is
collected from subscribers. These amom~ts are included in MediCom's Worksheet 7
"External Costs" determination, and so must also be included in the "True-up Rate
Charged" determination. MediaCom's filing has been adjusted to present the con'ect
tree-up period rates cringed: $13.06 vs. $13.02, and $13.39 vs. $13.35.
MediaCo~n makes annual payments to the City to support the community facilities
for "public, education and government" programming [PEG] and includes these
"Franchise Related Costs" in its BST rate determination. Two of the tlu'ee "Franchise
Related Costs" components shown on Worksheet 7 for each rate period were developed
City of Iowa City, Iowa
MCC Iowa, LLC
Review of FCC Form 1240 & 1205
August 23, 2002
Page 4 of 7
by MediaCorn on an attachment to the FCC Form 1240 titled "Franchise Related Costs."
The development of this component of cost for True-up Period 2 [WKS 7 Line 717] was
not shown. MediCom's analysis and development of Franchise Related Costs differs
from its predecessor's analysis and yet no explanation for this change of methodology
has been offered. In particular; MediaCom has chosen to fidly expense in a 12 month
period the contribntions made to the City in support of PEG facilities. Previous operators
have amortized these contributions over an 84 month period. As no support or
explanation was offered for this change in methodology, MediaCom's presentation has
been modified to reflect the 84 month amortization of the PEG payments in accordance
with the methodology used by MediaCom's predecessors.
MediaCom's "Franchise Related Costs" attachment also has been modified to
show the development of those costs for the 2 month True-up Period 2, and also to
present the amortization of an additional contribution that is expected to occur during
December, 2002, of the Projected Period. This contribution was not shown in
MediaCom's analysis for the Projected Period. The amount of this additional
contribution was estimated based on the increase of payment amount from year' 2000 to
year 2001 applied to the year 2001 amount shown by MediaCom.
In its FCC FolTa 1240 filing, MediaCom substantially lowered the True-up and
Projected Period subscriber levels from those utilized by its predecessors [Lines B1 - B3].
MediaCom explained that its new subscriber count reflected only subscribers in the City
limits while the FCC Form 1240 determinations of its predecessors had included the
communities of Johnson and University Heights. Since most components of the FCC
Form 1240 are based upon per subscriber amounts, a lowering of the subscriber levels
does not have a direct affect on most the FCC Form 1240 calculations. It does, however,
affect the amount of"Franchise Related Costs" that are included in subscriber rates as
determined by the FCC Form 1240 methodology. Prior BST rate justifications
recognized that the payments which are presented in the "Franchise Related Costs"
attachment benefit a much greater cable service area than just that of Iowa City. By
including other cities' subscribers in the FCC FOiTn 1240 analysis, prior operators
properly apportioned the costs for PEG payments among those other cities' subscribers.
MediaCom's analysis effectively transfers the full burden of PEG payments to only
subscribers in Iowa City when, in fact, a much larger base of subscribers has access to
and benefits from the facilities funded by the PEG payments.
Accordingly, MediaCom's "Franchise Related Costs" for use in the City's FCC
Form 1240 filing have been adjusted to eliminate those costs ata'ibutable to the PEG
services and benefits received by otber subscribers outside of the City limits. After
City of Iowa City, Iowa
MCC Iowa, LLC
Review of FCC Form 1240 & 1205
August 23, 2002
Page 5 of 7
discussions with the City, it was determined that a subscriber base that benefits fi'om the
PEG facilities likely includes, at a minimum, the residm~ts of Iowa City, Johnson County,
University Heights and also Coraville. It was estimated that there are some 7,900
subscribers outside of the City in these other communities. For each time period, this
amount of subscribers was added to the City's subscribers as estimated by MediaCom to
determine a total PEG subscriber base. The total "Franchise Related Costs" for each
period was divided by this PEG subscriber base to m~-ive at a PEG cost per subscriber.
The total "Franchise Related Costs" for each time period for use in the City's FCC Fo~m
1240 was determined by multiplying this unit PEG cost per subscriber to the number of
subscribers in the City as estimated by MediaCom for each time period. These total
amounts were included in the Worksheet 7 "External Costs" for determination of the BST
MPR.
Pursuant to FCC practice, the MediaCom filing also was adjusted to reflect the
latest FCC inflation factors [Janum~j 2002 = 1.21% and this also was used as the
Projected Period inflation factor]. The cmnbinafion of all these adjustments produces an
MPR of $14.4617 per subscriber per month, inclusive of FCC regulatory charges. This
contrasts to MediaCom's dete~nination of an FCC Form 1240 MPR of $15.9888.
As noted before, MediaCom has indicated its intent to apply a network upgrade
add-on of $1.08 per subscriber per month in its BST rate. Such an add-on must be
developed pursuant to an FCC Fmra 1235 abbreviated cost of service filing~ and
MediaCom never has made such a filing. MediaCmn does not indicate what authority it
relies upon for the imposition of such a rate surcharge, but its action likely derives from a
misunderstanding of the status of its predecessor's efforts to establish a network upgrade
add-on component to the rates.
First it must be noted that none of MediaCom's predecessor's actually has
included any such surcharge in its BST rates. These operators have consistently elected
to charge actual rates that are substantially below the co~Tectly determined MPR and
thereby have not been charg/ng any portion of any surcharge component.
A first attempt to justify a network upgrade add-on was made by TCI/Cablevision
which filed an FCC Fo~m 1235 that claimed an amount of $1.08 per subscriber per
month. This filing was rejected by the City. Subsequently, AT&T prepared an FCC
Form 1235 filing that attempted to justify a surcharge amount of about $1.50 per
subscriber per month. An analysis of this filing concluded that it too should be rejected.
However, before the City took action on that recommendation, AT&T fmmerly withdrew
the Form 1235 application indicating that it would re-file for this surcharge in the future
City of Iowa City, Iowa
MCC Iowa, LLC
Review of FCC Form 1240 & 1205
August 23, 2002
Page 6 of 7
when actual costs for the subject upgrade were known. This withdrawal was contained Jn
a letter to the City provided by Mr. Reske of AT&T dated April 12, 2001. Since that
time, no new or amended FCC Form 1235 has been received by the City and, as noted
above, no actual rale ever has included m~y such component.
Accordingly, there is no basis for inclusion of a network upgrade add-on surcharge
in the proposed BST rate, and so the BST rate should not exceed the MPR determined
herein of $14.4617.
FCC Form 1205
The FCC Form 1205 is used to update charges for renting regulated equipment
[eg., remotes and converters], equipment installations [eg., house wiring, service drops,
extra outlets, service tier changes] and the Hom'ly Service Charge ["HSC"] for service
calls. Charges established pursuant to this forn~ are based strictly upon the actual cost of
regulated equipment and installations plus a reasonable profit. The financial information
utilized in this form is to be derived directly from the operator's general ledger and
subsidiary records that m'e to be maintained in accordance with generally accepted
accounting principles. This fm'm is required to be prepared and submitted on an annual
basis.
As with the MediaCom's FCC Form 1240, this review of MediaCom's FCC Fot~;t
1205 filing assnmes the accuracy of the information supplied by MediaCom from its
financial books and records and related sources. No audit of MediaCom's books and
records has been done and none of its system cost assumptions has been checked aga'mst
any independent sources. The information supplied by MediaCom has been incorporated
into an official FCC analytical model which provides the formulas and format for all the
calculations required for preparation and completion of the FCC From 1205. It appears
that MediaCom has followed the FCC'g analytical format and the results shown on the
FCC Foden 1205 filing made by MediaCom match the resnlts obtained from the official
FCC analytical model reconstructed with MediaCom supplied cost data for the purpose of
this review.
Accordingly, MediaCom's determination of the maximum permitted chm'ges for
equipment rentals and installations appear to be connect. Since the rates proposed to be
charged have not been set above these levels, MediaCom has demonstrated pursuant to
FCC roles and regulations that these rates are reasonable. Thus, these rates may be
approved and allowed to go into effect.
City of Iowa City, Iowa
MCC Iowa, LLC
Review of FCC Form 1240 & 1205
August 23, 2002
Page 7 of 7
CONCLUSION
MediaCom's "Operator Selected Rate" of $13.91 per subscriber per month
[inclusive of FCC regulato~2~ charges] is, by itself, reasonable because it does not exceed
the properly dete~rmined MPR of $14.4617. However, the proposed network upgrade
add-on surcharge amount of $1.08 per subscriber per month is unsupported and improper
and cannot be applied to increase the BST rate chmged. MediaCom may only charge a
rate that does not exceed the properly determined MPR of $14.4617. Therefore,
MediaCom may be authorized to charge a BST rate not exceeding $14.46 per subscriber
per month to be effective on or about August 1, 2002. In addition, the City should order
MediaCom to utilize this MPR and its components as the starting point for the next FCC
Form 1240. The rates and charges shown in MediaCom's FCC Form 1205 have been
shown to be reasonable and these adjusted levels may be put into effect on or about
August 1, 2002, as requested.
Federal Communications Commission, Washington, DC, 20554 Approved by: OMB 3060-0592; E~ires: 4/30/97
RICE ~,VI LLL~IS REXqE~,V O~' YEAR 2002
Page t Lotus 4.01 Win; Version 2.0 FCC Form 1205; May 1994
Federal Communications Commission, Washington, D.C. 20554 Approved by: OMB 3060-0592; Expires: 4/30/97
Page 2 Lotus 4.01 Win; Version 2.0 FCC Form 1905; May 1994
Federal Communications Commission, Washington, DC. 20554 Approved by: OMB 3060-0592; Expires: 4/30t97
Page 3 Lotus 4.01 Win; Version 2.0 FCC Form 1205; May 1994
Federal Communications Commission, Washington, D.C. 20554 Approved by: OMB 3060-0592; Expires: 4/30/97
Page 4 Lotus 4.01 Win; Version 2.0 FCC Form 1205; May 1994
Federal Communications Commission, Washington, D.C. 20554 Approved by: OMB 3060-0592; Expires: 4/30/97
; ..... :~ ............................ ~
j~ ~.~f ..................
Page 5 Lotus 4.01 Win; Version 2.0 FCC Form 1205; May 1994
Federal Communications Commission, Washington, D.C. 20554
Approved by: OMB 3060-0592; Expires: 4/30/97
Federal Communications Commission, Washington DC. 20554 Approved by: OMB 3060-0592; Expires: 4/30/97
Page 7 Lotus 4.01 Win; Version 2.0 FCC Form 1205; May 1994
Federal Communications Commission, Washington, DC 20554 Approved by OMB 3060-0685
YVo~-ksheet, ~ ,. T~'ne-I Jp Ra~:e Cha,~ed~
l
Page 1 Lotus 123 WK4 version FCC Form 1240, July 1996
FRANCHISE RELATED COSTS
TRUE-UP PERIOD I 12/01/2000 to 11/30/2001
Date of initial Date 1st Pass Date Last Pass # of Months t~ Remaining Mo's Gross Up Rate Initial Gross Prior Accum. Months in Period Remaining Return on Return +
Cost Incurred Thru to Cust+ Thru to Cust. Recover to Recover From 1205 Cost Recovery Recover Period Recoveries Balance Rem, Balance Period Recov.
04/01/95 06/01/~5 03~3~1/02 54 t0 15.56% $4,355.98 $3,495.59 10 $860,39 $6/00 $0.00 $860.39
04/01/96 06/04/97 04/01/03 84 22 15.56% $3,738.87 $2,549.10 12 $648,97 $540.80 $84.15 $733.11
12/17/97 06/01/99 11/30/04 fi4 42 15.56% $161,355.95 $69,156.84 12 $26,345.46 $65,863.65 $10,248.38 $36,503.84
12/14/98 06/01/99 11/30/05 64 54 15.56% $163,786.44 $46,796.12 12 $25,997.85 $90,982.47 $14,15843 $40,156.28
12/20/99 06/01/00 12/31/06 84 65 15.56% $168,044.89 $22,005.86 12 $25,771.59 $120,267.42 $18,713.61 $44,485.20
12/01/00 12/01/00 08/19/07 84 84 15.56% $173,926,46 12 $24,846.64 $149,079.82 $23,196.52 $48,043.46
TOTALS $675,218,59 $144,003.53 $104,470.89 $426,744.17 $66,401.39 $170,872.28
* Total PEG Users 25,225
CostJPEG User $6.77
IA0090 Subs 17,320
True-up Period ' FCC Form 1240 IA0090 Cost 5t 17.324.40
TRUE-UP PERIOD Ii 12/01/2001 to 12/31/2002
04/01/95 06/01/96 03/31/02 84 0 15.56% $4,355.98 $4,355.98 2 $0,00 $0.00 $0.00 $0.00
04/01/96 06/04/97 04/01/03 84 10 15.56% $3,738,87 $3,198.07 2 $108.16 $432.64 $11.22 $119.38
12/17/97 06/01/99 11/30/04 54 30 15.56% $161,365.95 $~5,502.30 2 $4,390.91 $51,472.74 $1,594.18 $5,9fi5.10
12~14/96 06/01/99 11/30/05 84 42 15.56% $163,786.44 $72,793~97 2 $4,332.97 $85,559.50 $2,247.37 $5,580.34
12/20/99 06/01/00 12/31/06 84 56 15.56% $168,044.89 $47,777.47 2 $4,295.27 $115,872.16 $3,007.54 $7,302.81
12/01/00 12/01/00 08/19/07 84 72 15.56% $173,926.46 $24,846.64 2 $4,141,tl $144,938.72 $3,758.74 $7,899.85
12/01/01 12/01/01 08/19/05 84 84 15,56% $178,448,55 2 $4,245.78 $174,199.78 $4,517.58 $8,766.36
TOTALS $653,667.14 $248,474.42 $21,517.19 $583,675.53 $15,136.65 $36,653.84
· Total PEG Users 25,833
Cost/PEG User $1.42
IAO090 Subs 17,928
True-up Period I FCC Form 1240 IA0090 Cost $~5~437.62
PROJECTED PERIOD 6/1/2002 to 7/31/2003
04/01/96 06/04/97 04/01/03 84 8 15.56% $3,73fi.87 $3,306.23 6 $432.64 $0.00 $0,00 $432.64
12/17/97 06/01/99 11/30/04 84 26 15.56% $161,365,95 $99,893.21 12 $26,345.46 $35,127.23 $5,465.80 $31,611.26
12/14/98 06/01/99 11/30/05 84 40 15,56% $163,786.44 $77,126.94 12 $25,997.85 $60,661.55 $9,438,55 $35,436.80
12J20/99 06/01/00 12/31/06 84 54 15.56% $t68,044.89 $52,072.74 12 $25,771.59 $90,200.57 $14,035.21 $39,806.80
12/01/00 12/01/00 12/31/07 84 70 15.56% $173,926.46 $28,987.74 12 $24,846.64 $120,092.08 $18,686.33 $43,532.96
12/01/01 12/01/01 12/31/08 54 52 15.56% $178,446/55 $4,248.78 12 $25,492.65 $148,707.13 $23,138,83 $48,631.48
*'12/01/2002 12/01/02 12/31/08 84 84 15.56% $183,068.00 12 $26,155.43 $156,932.57 $24,418.71 $50,574.14
TOTALS $1,032,399.16 $265,635.63 $155,042.26 $611,721.27 $95,183.83 $250,226.08
* Total PEG Users 25,795
CostJpEG User $9.70
ROR from latest FCC Form tA0090 Subs 17,690
1205 [year end 12/00] 15.55% Projected Period FCC Form 1240 IA00~0 Cost $173.543.12
* Total PEG Users include estimated subs in iowa City, Johnson County, University Heights and Coraviile.
Research indicates that these communities use and benefit from the facilities paid for through PEG payments.
Accordingly, a pro rata portion of the PEG payments have been excluded from the costs for [ow~ City.
** Payment for 12/01/2002 estimated based on increase in paymeof from 12/01/2000 to 12/01/2001.
Marian Karr
From: daissy Owen [daJssy1963@yahoo.corn]
Sent: Monday, September 23, 2002 5:39 PM
To: cou ncil@iowa-city.org
Subject: cable rates
Greetings:
I read your comments in the Press Citizen about
receiving no complains concerning the cable rates.
I would like to register my complain and I am sure
many others feel the same as I do. The Basic Service
has many shopping channells (Home Shopping) and little
of value except for CSPAN (chl5) and CNBC (chl6). In
my opinion we are paying more than enough already. The
frequent increases in rates is unfair.
Sincerely,
Daissy Owen
Do you Yahoo!?
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Marian Karr
From: daissy Owen [daissy1963@yahoo.com]
Sent: Tuesday, September 24, 2002 12:33 PM
To: cou ncil@iowa-city.org
Subject: cable rates
Re: Cable rates
I would like to add to my previous email to the
Council and underscore another objection to the
excessive number of home shopping channels offered in
the basic service. I do not think it is fair to have
to pay for channels that take away from local business
and are free from contributing any sales taxes to our
economy.
Sincerely,
Daissy Owen
Do you Yahoo!?
New DSL Internet Access from SBC & Yahoo!
http://sbc.yahoo.com
Prepared by: Eleanor M. Dilkes, City Attorney 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 02-337
'RESOLUTION AUTHORIZING INDEMNIFICATION FOR PUNITIVE DAMAGES
CLAIMED IN THE LAWSUIT BROUGHT AGAINST CITY EMPLOYEES BY CITY
EMPLOYEE JAMIE JENN IN CONNECTION WITH WORK-RELATED INJURIES
SUSTAINED ON AUGUST 21, 2000.
WHEREAS, on August 21, 2000, City Employee Jamie Jenn was injured when a bungee cord
came unhooked and struck him in the right eye as he was attempting to secure lumber onto a City
truck; and
WHEREAS, as a result of the accident Mr. Jenn sustained serious injury and such injury was
covered under Worker's Compensation; and
WHEREAS, pursuant to Iowa Code Section 85.20, Worker's Compensation is the exclusive
remedy of an injured worker against the employer; and
WHEREAS, co-employees of injured workers are immune from liability unless they are guilty of
"gross negligence amounting to such lack of care as to amount to wanton neglect for the safety of
another."; and
WHEREAS, on August 16, 2002, Mr. Jenn filed a lawsuit in Johnson County District Court against
City Employees Gerald "Bud" Stockman, John Sobaski, and Brian Michael alleging that their
"gross negligence" caused Mr. Jenn's injuries, and seeking common law tort and punitive
damages; and
WHEREAS, pursuant to Section 670.8 of the Iowa Code, the City has a duty to defend and
indemnify said employees in this action, although such duty does not apply to awards of punitive
damages; and
WHEREAS, the City's review of this incident has disclosed no action or inaction that would
amount to "gross negligence"; and
WHEREAS, the City may have insurance that covers any punitive damages assessed against the
employees in this action; and
WHEREAS, because the employees face this claim of punitive damages merely due to their
employment and not, in the City's estimation, due too any recklessness or malfeasance on their
part, it is in the public interest to indemnify them for punitive damages.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City shall indemnify the employees sued in the case of Jenn vs. Gerald "Bud"
Stockman, John Sobaski, and Brian Michael (Johnson County Case No. LACV063099)
against punitive damages to the extent such damages are not covered by insurance.
Resolution No. 02-337
Page 2
2. Upon the direction of the City Attorney, the Mayor is authorized to sign and the City Clerk
to attest any agreements or documentation necessary in connection with such
indemnification.
Passed and approved this 24th day of September ,20 02
A,~l~oved by ~
CITY'~LERK City Attorney's Office
It was moved by Champion and seconded by 0'Donnell the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
eleanodres/jenn-indemn,doc