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2003-02-18 Resolution
RESOLUTION NO. 03-56 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA 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 ordiQances., and having a valid beer, liquor, or wine license/permit, to wit: One-Eyed Jake's -- 18-20 S. Clinton Street Press Box -- 1920 Keokuk Street It was moved by 0'Donnell and seconded by Vanderhoef 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 18th day of February ,20 03 . CIT~"'CL-ERK ' City Attorney's Office cler k\res\d anceprm.doc Prepared by: Kadn Franklin, PCD Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. 03-57 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN APPLICATION FOR DE-ANNEXATION OF CERTAIN PROPERTY OWNED BY THE ALLIANT TRANSPORTATION COMPANY A.K.A CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY FROM THE CITY OF HILLS. WHEREAS, Alliant Transportation Company a.k.a, the Cedar Rapids and Iowa City Railway Company (CRANDIC) wishes to sever property along the rail line between the City of Hills and Iowa City; and WHEREAS, Iowa City has an interest in subsequently annexing a portion of said railway line to the City of Iowa City; and WHEREAS, CRANDIC has requested the City of Iowa City to join with the Johnson County Board of Supervisors and the CRANDIC in applying to the City of Hills for severance, or de- annexation, of the rail line property between Hills and Iowa City; and WHEREAS, said severance would further the interests of Iowa City. 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 a document, attached hereto, in which Iowa City joins with the CRANDIC in applying to the City of Hills for the de-annexation or severance of certain described property from the City of Hills. Passed and approved this 18th dayof February ,20 03. Approved by (~I'r~-C[ERK City ttomeys L) ~ce Ppoddir~res\crandicsever.doc Resolution No. 03-57 Page 2 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 X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Application for De-Annexation Of Property COMES NOW the Cedar Rapids and Iowa City Railway Company and and for application to the City Council of Hills, Iowa for De- annexation of certain real estate within the corporate limits of the city of Hills, Iowa, states 1. The Cedar Rapids and Iowa City Railway Company Address: 2330 12th St S.W. , Cedar Rapids, Iowa 52404 Phone Number: (319) 786-3656 is the owner of the following described real estate: Commencing at the Southwest corner of the Southwest Quarter of Section 10, Township 78 North, Range 6, West of the 5th Principal Meridian, Johnson County, Iowa, Thence N 00'00'00" E (a recorded bearing) along the west line of said Southwest Quarter and the center line of old US Highway 218, a distance of 1,959.71 feet, thence N 88'46'02" E 1,207.61 feet to the west right of way line of the Cedar Rapids and Iowa City Railway Company main line, the point of beginning, thence North along said right of way line to the City limits of the City of Iowa City, Iowa, thence east 100 feet along said city limits to the east right of way line of the Cedar Rapids and Iowa City Railway Company, thence south along said right of way line to a point 100 feet east of the point of beginning, thence west S88'46'02"W 100 feet to the point of beginning. said real estate being located in the City of Hills, Iowa. 2. A map of said real estate accompanies this application. 3. The reasons for said request are as follows: a) The City of Hills is unable to provide full municipal services to said real estate and no public facilities exist in said real estate. c) No assets or liabilities will need to be distributed as a result of this de-annexation. d) Johnson County, Iowa, and the City of Iowa City, Iowa, affected governmental entities join in this application for de-annexation. e) Upon the de-annexation of said real estate it will be located in Johnson County, Iowa. f) It is in the best interest of all affected parties that this application be granted. Dated this day of , 2003 Cedar Rapids and Iowa City Railway Company By: Vice President The City of Iowa City hereby joins in this application for de-annexation. City of Iowa City, Iowa By: Ernest Lehman, Mayor Attest: City Clerk Johnson County, Iowa hereby joins in this application for de-annexation. Johnson County, Iowa By: _ Board of Supervisors Chairperson Attest: Auditor Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 03-58 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1109 FIFTH AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Second Mortgage in the total amount of $30,000, executed by the owners of the property on June 14, 1996, and recorded on July 16, 1996, in Book 2122, Page 166 through Page 171 in the Johnson County Recorder's Office covering the following deScribed real estate: Parcel "G" as shown and described on Plat of Survey of Lot 1 and the East half of Lot 2, block 44, East Iowa City, said survey recorded in Book 34, Page 56, Plat Records of Johnson County, Iowa Also described as follows: Commencing at the Northeast Corner of Lot 1, Block 44, East Iowa City, Iowa, according to the recorded plat thereof; Thence SOO 07'46'E, along the East line of said Lot 1, 87.57 feet, to the Point of Beginning; Thence continuing SOO 07'46"E, along said East line 62.00 feet; Thence S89 52'12"E, 39.94 feet; Thence SOO 01'34"W, 14.50 feet; Thence S89 52'53'E, 79.92 feet to the point of beginning. Said parcel of land contains 8,019 square feet, more or less, and is subject to easements and restrictions of record. WHEREAS, University of Iowa Community Credit Union is refinancing a home equity loan in the amount of $24,000 to the owner of 1109 Fifth Avenue and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the second mortgage held by the City be subordinated to the loan of University of Iowa Community Credit Union, secured by the proposed mortgage in order to induce University of Iowa Community Credit Union, to make such a loan; and WHEREAS, University of Iowa Community Credit Union has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with University of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above described real estate to secure the City lien as a third lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and University of Iowa Community Credit Union, Iowa City, Iowa. Passed and approved this ].81:h dayof Febv , 20~ Apprgve,d by CIT~CI_-ERK ' City Attorney's Office pdrehab/res/1109fifthave-subord.doc Resolution No. 03-58 Page 2 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 X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and University of Iowa Community Credit Union of Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Second Mortqaqe which at this time is in the amount of $30,000, and was executed by Matthew and Julie Goodlaxson (herein the Owner), dated June 14, 1996, recorded July 16, 1996, in Book 212~, Page 166 through Page 171, Johnson County Recorder's Office, covering the following described real property: Parcel "G" as shown and described on Plat of Survey of Lot 1 and the East half of Lot 2, block 44, East Iowa City, said survey recorded in Book 34, Page 56, Plat Records of Johnson County, Iowa Also described as follows: Commencing at the Northeast Corner of Lot 1, Block 44, East Iowa City, Iowa, according to the recorded plat thereof; Thence SOO 07'46"E, along the East line of said Lot 1, 87.57 feet, to the Point of Beginning; Thence continuing SOO 07'46"E, along said East line 62.00 feet; Thence S89 52'12'E, 39.94 feet; Thence SOO 01'34"W, 14.50 feet; Thence S89 52'53"E, 79.92 feet to the point of beginning. Said parcel of land contains 8,019 square feet, more or less, and is subject to easements and restrictions of record. WHEREAS, the Financial Institution proposes to loan the sum of $ 24,000.00 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Second Mortgage held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Second Mort,qaqe held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial institution is hereby acknowledged as a lien superior to the Second Mortqa,qe of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this Z~ day of February, 2003. CITY OF IOWA CITY FINANCIAL INSTITUTION City'-~lerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /~ day of ~'E_,%~,,,,~,~ ,20 o '~, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~'a'~JEST ~,3. L~A^') and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (~-di~ce) (Resolution) No. o $- ..~ ~ passed (the Resolution adopted) by the City Council, under Roll Call No. ~ --- of the City Council on the /~.__~__ day of ~a~,, ,20 ih.3 . and that ~.,u~-r ~.X Lr~,~,o and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ~ ~d~ ¥.1 Commission Number 15e?s'q ]t~ .! M¥Cemmission Expires ! Notary Public in and for the State of Iowa l"r r'l / STATE OF IOWA ) ) SS: JOHNSON COUNTY ) this ~ day of 0.~,,~.,.~¢' , A.D. 20 ~P g-~ , before me, the e~igged,~ a ~o~a~ Public tin agd fo/ the ~tate of Iowa, pe~onally appeared ~ (l~. and ~~z ~ ~to me personally known, who ~g by me~ul~ ~worn, did s~y ~ they ar~ the ~ ~..~ and ~/~/~ ~ , respectively, of said ~oration executing the ~ithin and foregoing instrument to which this is a~ached, that said instrument was signed and sealed on behalf of said ~rporation by authority ~f its Board of Directors; and that the said and . j~/ ~,p~v f ~ ~'~&~ such officers acknowledged the execution of said instrument to be the volunta~ac( and deed of said corp~ted. ~J ~JCmmi~ Num~ Prepared by: Shelley McCaffedy, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356~243 (SUB02~0025) RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF RUPPERT HILLS, IOWA CITY, IOWA. WHEREAS, the owner, Charles W. Ruppert, Etal., filed with the City Clerk the final plat of Rupped Hills, 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: BEGINNING AT THE SOUTHWEST CORNER OF LOT 24 OF WEEBER'S THIRD ADDITION TO IOWA CITY, IOWA, AS RECORDED IN PLAT BOOK 9, PAGE 14, PLAT RECORDS OF JOHNSON COUNTY, IOWA; THENCE S89°41'15"E, ALONG THE SOUTHERLY LiNE OF SAID ADDITION, 150.02 FEET TO THE SOUTHWEST CORNER OF LOT 25 OF SAID ADDITION; THENCE S89°47'16"E, ALONG SAID SOUTHERLY LINE, 403.60 FEET TO THE SOUTHEAST CORNER OF SAID LOT 25, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF BENTON MANOR ADDITION, AS RECORDED IN PLAT BOOK 22, PAGE 22, PLAT RECORDS OF JOHNSON COUNTY, IOWA; THENCE S89°59'03"E, ALONG THE SOUTHERLY LINE OF SAID BENTON MANOR ADDITION, 421.46 FEET TO THE SOUTHEAST CORNER THEREOF, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF AUDITOR'S PARCEL 95081, AS RECORDED IN PLAT BOOK 37, PAGE 55, PLAT RECORDS OF JOHNSON COUNTY, IOWA; THENCE S89°51'35"E, ALONG THE SOUTHERLY LINE OF SAID AUDITOR'S PARCEL AND iTS EASTERLY EXTENSION THEREOF, 336.03 FEET TO A 5~8" IRON PIN MARKING THE SOUTHEAST CORNER OF A WARRANTY DEED, AS RECORDED IN BOOK 528, PAGE 41, RECORDS OF JOHNSON OOUNTY, IOWA; THENOE N00037'19"E, ALONG THE EASTERLY LINE OF SAID WARRANTY DEED, 493.65 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N02°26'46"W, 6.00 FEET ALONG THE SOUTHERLY PROJECTION OF THE WESTERLY LINE OF LOT 1 OF HENRY F. BIRD'S SUBDIVISION, TO THE SOUTHWEST CORNER THEREOF; THENCE N89°48'04"E, ALONG THE SOUTHERLY LINE OF SAID SUBDIVISION, 518.61 FEET TO THE SOUTHEAST CORNER OF LOT 4 OF SAID SUBDIVISION; THENCE N00°18'22"W, ALONG THE EASTERLY LiNE OF SAID LOT 4, 300.52 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF BENTON STREET; THENCE N89°54'13"E, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 292.35 FEET TO ITS INTERSECTION WITH THE WESTERLY RiGHT-OF-WAY LiNE OF MILLER AVENUE; THENCE S02°30'00"E, ALONG SAID WESTERLY RIGHT-OF- WAY LINE, 675.27 FEET; THENCE S87°30'00"W, 300.00 FEET TO THE NORTHWEST CORNER OF A WARRANTY DEED, AS RECORDED IN BOOK 1077, PAGE 100, RECORDS OF JOHNSON COUNTY, IOWA; THENCE S02°30'00"E, ALONG THE WESTERLY LINE OF SAID WARRANTY DEED, 279.83 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LiNE OF IOWA PRIMARY ROAD NO. 1; THENCE N85°29'56"W, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 332.60 FEET TO A POINT WHICH IS 125.00 FEET RADIALLY DISTANT NORTHERLY OF CENTERLINE STATION 158+10; THENCE S82°52'49"W, ALONG SAID NORTHERLY RiGHT-OF-WAY LINE, 560.21 FEET TO A POINT WHICH IS 150.00 FEET RADIALLY DISTANT NORTHERLY OF CENTERLINE STATION 152+75; THENCE S71°34'00"W, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 704.02 FEET TO A POINT WHICH IS 190.00 FEET RADIALLY DISTANT NORTHERLY OF CENTERLINE STATION 146+10; THENCE S57°56'07"W, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 370.03 FEET TO A FOUND IRON PiN WITH ALUMINUM CAP; THENCE N00°06'07"E, 468.72 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 16, SAID POINT BEING THE SOUTHEAST CORNER OF WEEBER'S FIRST ADDITION TO IOWA OITY, IOWA, AS RECORDED IN PLAT BOOK 9, PAGE 13, PLAT RECORDS OF JOHNSON COUNTY, IOWA; THENCE N00°13'05"E, ALONG THE EASTERLY LINE OF SAID ADDITION, 161.78 FEET TO SAID POINT OF BEGINNING, CONTAINING 22.92 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, Resolution No. Page 2 WHEREAS, the Depadment 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, 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, and public open space 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 after 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. Passed and approved this day of ,2003. MAYO R Approved by ATTEST: ~ ,~ ~/'~.~ CITY CLERK City ~,{to'rn'e~,'s Off[ce 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: Shelley McCafferty Item: SUB02-00025 Rupped Hills Date: January 16, 2003 GENERAL INFORMATION: Applicant: Callaway Development Inc 1250 N.E. Loop 410, Ste. 800 San Antonio, TX 78209 Contact Person: MMS. Consultants, Inc. 1917 S. Gilbert St. Iowa City, IA 52245 Requested Action: Approval of final plat Purpose: Subdivision to establish 4 lots in accordance with the zoning lines. Location: North of Highway 1 at Ruppert Road Size: 22.92 acres Existing Land Use and Zoning: Medium Density Multifamily, undeveloped Surrounding Land Use and Zoning: North: RS-8 & RM-20, residential South: CC-2, commercial East: CC-2, undeveloped West: RM-44, residential Comprehensive Plan: Low to Medium Density Multifamily Residential File Date: December 12, 2002 45-Day Limitation Period: January 26, 2003 BACKGROUND INFORMATION: The applicant, Callaway Development Inc., is requesting approval of the final plat of Ruppert Hills, a 4-lot, 22.92-acre subdivision. The City Council approved the preliminary plat at their January 7, 2003 meeting. ANALYSIS: The final plat as submitted is in general conformance with the approved preliminary plat. The applicant has submitted legal papers for review by the City Attorney and Engineer. Construction documents are not required because there are no public improvements with this subdivision. Prior to Council consideration of the final plat, staff must approve construction plans and legal documents. STAFF RECOMMENDATION: Staff recommends that SUB02-00025, a final plat of Ruppert Hills, a 22.92-acre, 4-lot residential subdivision located on the north side Highway 1 west be approved subject to staff approval of legal papers prior to City Council consideration. ATTACHMENTS: 1. Location map 2. Final plat Approved by: ~~ Robert Miklo, Senior Planner, Department of Planning and Community Development Final Plat RUPPERT HILLS Iowa City Iowa PLACE' ~I i ROOSEVELT o~, , SCHOOL BENTON HARRLO¢I~E ~_0 j Cl I SITE LOCATION: North side of Hwy. 1 West SUB02-00025 Prepared by: Shelley McCafferty, Ass0date Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 (SUB02~0025) RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF WINDSOR RIDGE, PART 17A, IOWA CITY, IOWA. WHEREAS, the owner, Arlington L.C., filed with the City Clerk the final plat of Windsor Ridge, Part 17A, 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: Beginning at the Southeast Corner of Outlot "B" of Stone Bddge Estates, Part Two in accordance with the Plat thereof Recorded in Ptat Book 44, at Page 56, of the Records of the Johnson County Recorder's Office; Thence S89°30'50"W, along the South Line of said Outlot "B", 117.27 feet, to the Southwest Corner thereof; Thence S00°29'10"E, along the West Line of Outlot "D" of said Stone Bridge Estates, Part Two, a distance of 8.00 feet, to a Point on the North Line of Windsor Ridge - Part Sixteen, in accordance with the Plat thereof Recorded in Plat Book 45, at Page 15, of the Records of the Johnson County Recorder's Office; Thence S89°30'50"W, along said North Line, 129.95 feet; Thence N63°18'16"W, along said North Line, 34.05 feet; Thence N00°29'10"W, 357.22 feet; Thence N15°08'23"E, 100.03 feet; Thence N34°10'10"E, 129.87 feet; Thence Southeasterly, 68.17 feet, along a 355.00 foot radius curve, concave Northeasterly, whose 68.06 foot chord bears S61°19'53"E, to a Point on the West Line of said Stone Bridge Estates, Part Two; Thence S00°29'10"E, along said West Line, 54.59 feet, to the Northwest Corner of Outlot "B", of said Stone Bddge Estates, Part Two; Thence S66°49'57"E, along the North Line of said Outlot "B", 59.71 feet; Thence S23°10'03"W, along said North Line, 130.00 feet; Thence S62°04'08"E, along said North Line, 60.21 feet; Thence S82°38'39"E, along said North Line, 62.36 feet, to the Northeast Comer thereof; Thence S00°29'10"E, along the East Line of said Outlot "B", 300.00 feet, to the Point of Beginning. Said Tract of land contains 2.84 acres, more or less, and is subject to easements and restrictions of record. 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, 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, and public open space 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 after passage and approval by law. The City Clerk shall record the legal documents and the plat at Resolution No. Page 2 the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this day of ,2003. MAYOR Approved by CITY CLERK CitCJK'ttorn~y's Oft~ce 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 Wilbum STAFF REPORT To: Planning & Zoning Commission Prepared by: Shelley McCafferty Item: SUB02-00028 Windsor Rid.qe Part 17A Date: January 16, 2003 GENERAL INFORMATION: Applicant: Arlington, LC 2346 Mormon Trek Blvd. Iowa City, IA 52246 Contact Person: MMS Consultants, Inc. 1917 South Gilbert Street Iowa City, IA 52240 351-8282 Requested Action: Approval of final plat Purpose: To create a l-lot residential subdivision Location: Intersection of Ashford Place & Camden Road Size: 2.84 acres Existing Land Use and Zoning: OPDH-8 Surrounding Land Use and Zoning: North: RS-5, undeveloped South: OPDH-8, undeveloped East: RS-5, Low-Density Single-Family Residential West: OPDH-8, undeveloped Comprehensive Plan: 2-8 dwelling units per acre File Date: December 27, 2002 45-Day Limitation Period: February 10, 2003 BACKGROUND INFORMATION: The applicant, Arlington L.C., is requesting approval of the final plat of Windsor Ridge Part 17A, Lot 264. This subdivision is 2.84 acres of the 31 .l-acre Windsor Ridge Parts 16-20 subdivision. The preliminary plat and OPDH plan for Windsor Ridge Parts 16-20 was approved by Council on September 10, 2002. ANALYSIS: The final plat as submitted is in general conformance with the approved preliminary plat. Construction plans have been submitted and are being reviewed by the City Engineer. Legal papers have also been submitted for review by the City Attorney and Engineer. Prior to Council consideration of the final plat, staff must approve construction plans and legal documents. Fees are required for the improvement of Lower West Branch Road for 2.84 acres at $3,122 per acre. This should be addressed in the legal papers. STAFF RECOMMENDATION: Staff recommends that SUB02-00028, a final plat of Windsor Ridge Part 17A, a 2.84-acre, 1-lot residential subdivision located at the intersection of Ashford Place and Camden Road be approved subject to staff approval of legal papers and construction drawings prior to City Council consideration. ATTACHMENTS: 1. Location map 2. Final plat Robert Miklo, Senior Planner, Department of Planning and Community Development ,o ' '"- .s o2-,,,~-.-, : ~ I~F OSA-8 o.~.~ ~ ~ ~ ',::,,,_ SITE LOCATION: Win0sor Bid~o ~art 17-a, ~o~in~ Hill kn. & York kn. SHB02-00028 Final Plat 'Windsor Ridge - Part Seventeen "A" Iowa City, Iowa ,m~;'"~lT~/''') /'L~ ,~.,-.-.,~.~.,-~ · '~- ~~""---~ ~.~._~..___.._.._ , , Ii I e ~$ ,~ Prepared by: Daniel Scott, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 319-356-5144 RESOLUTION NO. 03-59 RESOLUTION DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE ScoTr PARK TRUNK SANITARY SEWER PROJECT. WHEREAS, notice of public hearing on the City's intent to proceed with a public improvement project and to acquire property rights for the above-named project was given as required by law, and the hearing thereon held; and WHEREAS, the City of Iowa City desires to construct the Scott Park Trunk Sanitary Sewer Project ("Project") which includes installing, upgrading and repairing a sanitary trunk sewer; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property dghts is necessary for the proposed project; and WHEREAS, the City Engineer has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is the City's intent to proceed with the Scott Park Trunk Sanitary Sewer Project. 2. The City Council finds that it is in the public interest to acquire property rights necessary for the construction of the Scott Park Trunk Sanitary Sewer Project ("Project"), which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property dghts is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 3. The City Manager or designee, in consultation with the City Attorney's office, is authorized and directed to establish, on behalf of the City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to pumhase the property for the established fair market value. 4. The City Manager, or designee, is hereby authorized and directed to negotiate the purchase of property rights for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or Resolution No. 03-59 Page 2 easements. 5. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized, upon direction of the City Attorney, to execute and attest all documents necessary to effectuate the purchase of said property rights. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 6. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 18th dayof February ,20 03 Approved by CIT~ CLERK (~i~A-tt(~mey~s Office 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 X Lehman X O'Donnell X Pfab ~( Vanderhoef X Wilburn pweng~es',scottsewer.doc 2/03 Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 {319) 356-5142 RESOLUTION NO. 03-60 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2003 HANDRAIL REPLACEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS, WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 11:00 a.m. on the 11th day of March, 2003, 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. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 11th day of March, 2003, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 18th day of ~, 20 03 Resolution No. 03-60 Page 2 It was moved by Vanderhoef and seconded by Pfab the Resolution be adopted, and upon mil call there were: AYES: NAYS; ABSENT: X Champion X Kanner × Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Ross Spitz, Civil Engineer, Pub[lc Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 03-61 RESOLUTION APPROVING PLANS, SPECIFICATIONS, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MORMON TREK BOULEVARD EXTENSION PROJECT AND DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS. WHEREAS, project includes paving from U.S. Highway 1 to Willow Creek adjacent to the west line of the airport property; and WHEREAS, this project will be bid by the Iowa Department of Transportation (IDOT); and WHEREAS, bids will be accepted on May 20, 2003, at 10:00 a.m., Ames, Iowa at the Department of Transportation; and WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, and estimate of cost for the above-named project are hereby approved. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids to be let by the IDOT, for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Passed and approved this ATTEST: ~ /¢'~. (~i~r',.CLERK ' 18th dayof Febr_uarv ,20 (~3 · Approved by City At'or-ney's' Office It was moved by 0' Donnell and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X Vanderhoef the Resolution be ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn 02-18-03 12 Prepared by: Brian Boelk, CMl Engineer, 410 E. Washington SL, Iowa City, IA 52240 (319) 356-5437 , RESOLUTION NO. 03-62 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PROJECT AGREEMENT BETWEEN THE IOWA DEPARTMENT OF TRANSPORTATION, THE CITY OF IOWA CITY AND THE BOARD OF REGENTS OF THE STATE OF IOWA. WHEREAS, the Iowa Department of Transportation, the City of Iowa City and University of Iowa have previously entered into a Memorandum of Understanding (No. 2003-16- 071 ) that clarifies the responsibilities for three pedestrian overpasses crossing US 6 (Riverside Drive); and WHEREAS, the Iowa Department of Transportation, the City of Iowa City and the Board of Regents desire to clarify their respective responsibilities specifically for the repair of the Iowa Avenue pedestrian bridge, which crosses US 6 (Riverside Drive) along the south side of Iowa Avenue; and WHEREAS. this Agreement (No. 2003-16-080) serves as an outline of the responsibilities for the design, bid process, and inspection duties between the Iowa Department of Transportation, the City of Iowa City, and the Board of Regents; and WHEREAS, this Agreement (No. 2003-16-080) includes the financial responsibility of Iowa City, the Department of Transportation and the Board of Regents specifically for the repair of the Iowa Avenue pedestrian bridge, as outlined previously in Memorandum of Understanding No. 2003-16-071. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest the attached Agreement No. 2003-16-080 (three copies). Passed and approved this 18th day of 200~. A'FrEST: /~~ ~. '"- City Clerk Approved by: ! 'City Attorney's Office Resolution No. 03-62 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: O'Donnell AYES: NAYS: ABSENT: X X X X X X X the Resolution be Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum AGREEMENT Staff Action: S-2003-0652 Count~ Johnson City Iowa City Board of Regents, State oflowa Project No. MB-6(3)251--77-52 BR-801-0(70)- -7A-52 I0wa DOT Agreement No. 2003-16-080 It is agreed by and between the Iowa Department of Transportation (hereafter "DOT"), the city of Iowa City (hereafter "CITY") and the Board of Regents (hereafter "BOARD") as follows: The DOT, CITY and BOARD agree that the Iowa Avenue pedestrian bridge, which crosses U.S. 6 (Riverside Drive) along the south side of Iowa Avenue, is in need of repair work. The BOARD has programmed a project for said repair work and the project has been included in the DOT's current five year program for State park and Institutional Roads (P/IR) construction. The amount programaned by the BOARD for this project is $70,000. The P/IR eligible project costs (estimated at approximately $57,033) will be paid from the BOARD's 2003 and subsequent P/IR allocations. The proposed work will include an epoxy overlay coating of the bridge deck and chloride extraction of the existing deck. The proposed project will be developed and constructed in accordance with the following terms and conditions and the responsibilities previously outlined in Memorandum o f Understanding No. 2003 - 16-071: The CITY will design the proposed pedestrian bridge improvement and shall secure DOT and BOARD approval of said design prior to advertising for construction bids. The CITY will let and inspect the construction contract and shall secure DOT and BOARD concurrence in award of said contract. The estimated quantities and costs for said improvement are shown below: Estimated Quantities (Lump Sum), Mobilization 3,500 S.F., Epoxy Overlay Coating 473 S.F., Class "A" Deck Repair 122 S.F., Class "A" Overhead Repair 5,337 S.F., Bridge Coating 125 S.F., 4" PCC Sidewalk 125 S.F., Removal of Sidewalk 3,500 S.F., Chloride Extraction 13.5 SQ., Sod 5 Sta., Pavement Markings (Lump Sum), Traffic Control (5), Expansion Joint Repair 10% Contingency Engineering Estimated Total $228,133 50% DOT $114,067 25% CITY $ 57,033 25%BOARD $ 57,033 Project costs, and associated reimbursement amounts, will be determined by the quantities in place and the accepted bid at the contract letting. Actual reimbursement by the DOT and BOARD will be due upon completion of construction and receipt of a properly documented billing from the CITY. If any section, provision or part of this Agreement shall be found to be invalid or unconstitutional, such judgement shall not affect the validity of the Agreement as a whole or any section, provision or part thereof not found to be invalid or unconstitutional. This Agreement may be executed in three counterparts, each of which so executed shall be deemed to be an original. The principles as set forth in sections 1 through 5 herein represents the understanding of the DOT, CITY and BOARD. Any subsequent change or modification to the terms of this Agreement shall be in the form of a duly executed Addendum to this Agreement. IN WITNESS WHEREOF, each of the parties hereto has executed Agreement 2003-16-080 as of the date shown opposite its signature below. CITY OF IOWA CITY: By:~/~~~~te Title: 'Mayor : February 28 ,2003 I, Marian K. Karr Ernest W. Lehman of the CITY was duly authorized to February ,200 3 Signed ~)7~.4~.~7) ~' ~ City Clerk of Iowa City, Iowa. , certify that I am the Clerk of the CITY, and that · who signed said Agreement for and on behalf execute the same on the 28th day of BOARD OF REGENTS, STATE OF IOWA: Title: ~xecu~ve Director ' ,200,~. IOWA DEPARTMENT OF TRANSPORTATION: Richard E. Kautz, P.E. District Engineer District 6. ,200~*. Prepared by: Andy Matthews, Asst. City Attomey, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 03-63 RESOLUTION AUTHORIZING THE CITY OF IOWA CITY TO PARTICIPATE 1N AN AGREEMENT FOR SERVICES OF CONSULTANT REGARDING A JOINT STUDY OF FEASIBILITY OF ESTABLISHING MUNICIPAL UTILITIES AND AUTHORIZING THE IOWA ASSOCIATION OF MUNICIPAL UTILITIES TO SERVE AS AGENT FOR THE AGREEMENT FOR SERVICES. WHEREAS, the City Council of Iowa City previously directed staff to participate in investigating the feasibility of establishing a municipal electric utility; and WHEREAS, the City of Iowa City has joined with other cities to jointly retain a consultant to conduct the feasibility study; and WHEREAS, the City of Iowa City and the University of Iowa have agreed to share equally the cost of Iowa City's portion of the cost for such services; and WHEREAS, the Iowa Association of Municipal Utilities ("IAMU") has agreed to enter into the agreement for such services as agent for the cities; and WHEREAS, it is necessary for the City of Iowa City to authorize IAMU to serve as the City of Iowa City's agent for the Agreement for Services, a copy of which agreement is attached hereto and incorporated herein by reference. NOW THEREFORE, BE IT RESOLVED BY THE CITY COLrNCIL OF THE CITY OF IOWA CITY, THAT: The Executive Director of the Iowa Association of Municipal Utilities is hereby authorized to serve as agent for the City of Iowa City in securing the services of a consultant through an Agreement for Services, copy of which Agreement, including the City of Iowa City's share of the cost for the services, is attached to this Resolution. Passed and approved this _ 18th day of CIq'W CLERK February ,2003. Approved by: City Attorney's Office Resolution No. 03-63 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call thero were: Wilburn AYES: NAYS: ABSENT: X X X X X X X the Resolution be Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum AGREEMENT FOR SERVICES OF CONSULTANT THIS AGREEMENT, made and entered into this 17th day of January, 2003, by and between the Iowa Association of Municipal Utilities (IAMU) for and on behalf of the Study Participants hsted in Appendix A, and Latham & Associates, Inc., of Cedar Rapids, Iowa, (Consultant). WHEREAS, each of the Study Participants has determined to investigate the feasibility of establishing a municipal electric utility; and WHEREAS, the Study Participants have agreed to jointly retain the services of the Consultant through IAMU as their agent; and WHEREAS, in recognition of the broad scope and unprecedented character of the contemplated joint feasibility study special care must be taken by all parties to share relevant information on a continuing basis for the duration of the contemplated study; and WHEREAS, the Consultant is willing to timely complete the work specified in this Agreement in a manner diligently conducive to the sharing of information with IAMU and the Study Participants; and WHEREAS, the parties wish to memorialize the entire agreement between the parties regarding the subject mater of this Agreement, which Agreement supersedes all previous communications and representations, whether written or oral, with respect to the subject matter of this Agreement; NOW THEREFORE BE IT REMEMBERED that for the mutual promises, covenants and considerations herein contained the parties have entered into the following agreement, to wit: 1. The foregoing recitals are part of this Agreement and shall be construed as substantive portions of this Agreement and as aids in construction. 2. The scope of services to be provided by Consultant are those specified in Consultant's Proposal for Joint Municipalization Feasibility Study Presented to Iowa Association of Municipal Utilities on October 25, 2002. A copy of said Proposal is attached to this Agreement as Appendix B and by this reference incorporated into this Agreement. 3. The fees and charges to be paid Consultant for services identified in Appendix B are those specified in the "L&A PERSONNEL and PROPOSED PRICE" in Appendix C and the allocation of Study Participant costs in Appendix D. 4. Additional services for individual Study Participants and associated costs are identified in Appendix E. 5. The retention of Consultant for the purposes of the Agreement shall be as an independent contractor. 6. No part of the work arising under this Agreement shall be assigned by either 1 party to any person, firm or corporation without reasonable notice to and consent of the other party. Such consent shall not be unreasonably withheld especially with regard to the use of subcontractors specified in the Proposal. 7. No failure or delay by either Party in exercising any right, power, or privilege under this Agreement shall be deemed a waiver thereof or preclude exercise of any other or further right, power, or privilege hereunder. 8. Information identified in Appendix B as being provided by IAMU shall be made available to the Consultant on a timely basis. IAMU agrees to furnish all reasonable assistance in obtaining information fxom the Study Participants and such other information as the parties mutually agree. 9. Information upon which the findings of the study are based, shall be made available by the consultant upon reasonable request by IAMU or the Study Participants. 10. The Consultant agrees to furnish, upon termination or completion of this Agreement and upon demand by IAMU, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects which may be undertaken by IAMU or any of the Study Participants. 11. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa. 12. In order to be valid, any amendment to this Agreement, or change in the conditions or terms of this Agreement must be in writing and executed by authorized representatives of the parties. 13. Each of the provisions of this Agreement shall be enforceable independent of any other provision of this Agreement. 14. The term of this Agreement shall be as specified in the Proposal. Should IAMU terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. Either party may terminate this Agreement, with or without cause, upon seven (7) days written notice to Consultant. IAMU may withhold payment in order to secure completion of tasks specified in the Proposal. 15. If requested and the cost is paid by IAMU, Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance coveting the Consultant's liability for the Consultant's negligent acts, errors and omissions to IAMU and the Study Participants in the sum of $1,000,000. WARRANTY OF AUTHORITY: The signatories to the Agreement represent and warrant that they have full and complete authority to enter into the Agreement on behalf of the parties they assert to represent. IOWA ASSOCIATION OF MUNICIPAL LATHAM & ASSOCIATES, INC. UTILITIES Robert Haug Robert J. L~th~un Executive Director Partner 3 APPENDIX A Subject to written confirmation to IAMU, the following Cities and the University of Iowa, constitute the Study Participants 1. Dunlap 2. Elma 3. Fort Dodge 4. Guthrie Center 5. Inwood 6. Iowa City & University of Iowa 7. Kalona 8. Keokuk 9. Osceola 10. Perry 11. Rolfe 12. Sheldon 13. Shell Rock 14. Titonka 15. Vedic City 16. Waukee 17. Wellman 18. West Des Moines Appendix B - Latham Proposal Latham & Associates' proposal was submitted electronically to IAMU on October 25 and is attached hereto. Appendix C IAMU JOINT MUNICIPALIZATION FEASIBLITY STUDY BUDGET L&A PERSONNEL AND PROPOSED PRICE Bob Latham, Partner, and Louie Ervin, Principal, will personally provide strategic and analytical services for the Joint Municipalization Feasibility Study. In addition to IAMU and/or city staff, L&A will assist with data collection as appropriate. The project cost is based on $4,000 per city, plus a fee of $0.50/capita of population for each city. All charges for L&A are included in the estimated fees for the scope of services described and in the attached pricing matrix. Travel and expenses are covered for up to three meetings with IAMU. The attached pricing matrix identifies estimated fees by individual city. Invoices will be submitted monthly based on the following fee schedule, with final cost of the study not to exceed the mount stated. For city-specific work, including presentation of feasibility study results to local constituents, energy efficiency advice and other strategic or energy related consultation will be invoiced at our long-term hourly fee schedule as follows. LATHAM & ASSOCIATES FEE SCHEDULE: Personnel Fees Per Hour Long-Term Relationship Hourly Fee Schedule Partner (Robert J. Latham) $145 Principal (Louie R. Ervin) $120 Senior Professional $ 90 Professional $ 65 Associate $ 55 Assistant $ 50 Out-of-pocket expenses, including lodging and meals at actual cost Automobile travel expenses at $0.365 per mile Travel time at hourly schedule Subcontracts at cost plus 10 percent Project expenses at cost plus 10 pement Expert testimony and process participation at negotiated fees APPENDIX D - Table of Fixed Cost, by City Pro Rata Incremental Base Fee Fee Per 1,000 City Population Per City Population Total Dunlap 1,139 4,000.00 570.00 4,570.00 Elma 598 4,000.00 299.00 4,299.00 Fort Dodge 25,136 4,000.00 12,568.00 16,568.00 Guthrie Center 1,668 4,000.00 834.00 4,834.00 Inwood 875 4,000.00 438.00 4,438.00 Iowa City/U of I 63,027 4,000.00 31,514.00 35,514.00 Kalona 2,293 4,000.00 1,147.00 5,147.00 Keokuk 11,472 4,000.00 5,736.00 9,736.00 Osceola 4,659 4,000.00 2,330.00 6,330.00 Perry 7,633 4,000.00 3,817.00 7,817.00 Rolfe 675 4,000.00 338.00 4,338.00 Sheldon 4,914 4,000.00 2,457.00 6,457.00 Shell Rock 1,298 4,000.00 649.00 4,649.00 Titonka 584 4,000.00 292.00 4,292.00 Vedic City 175 4,000.00 88.00 4,088.00 Waukee 5,126 4,000.00 2,563.00 6,563.00 Wellman 1,393 4,000.00 697.00 4,697.00 West Des Moines 46,403 4,000.00 23,202.00 27,202.00 Total 179,068 $72,000.00 $89,539.00 $161,539.00 The fee for the joint municipalization feasibility study is $4,000 per city plus 50 cents per capita of population 7 Appendix E - Additional Services/Costs DRAFT In addition to city-specific work that may be identified during the course of the study and provided in accordance with Appendix C of this agreement, several Project Participants have identified city-specific work or special circumstances, the cost of which may be specified below: 1. One or more of the Project Participants may consider joint operating agreements with another utility. Where the terms of such an agreement are made available to the Consultant in a timely manner, they will be considered in the study. This provision may include but is not limited to Elma, Kalona, Osceola, Vedic City, and Wellman. [If an agreement on a fee estimate, not-to-exceed amount, or other assumptions are agreed to by the parties, the terms will be listed here.] 2. Fort Dodge (muni lite considerations, savings on wastewater operations). Jif an agreement on a fee estimate, not-to-exceed amount, or other assumptions are agreed to by the parties, the terms will be listed here.] 3. Iowa City (energy efficiency issues). Jif an agreement on a fee estimate, not-to- exceed amount, or other assumptions are agreed to by the parties, the terms will be listed here.] 4. University of Iowa. Jif an agreement on a fee estimate, not-to-exceed amount, or other assumptions are agreed to by the parties, the terms will be listed here.] 5. Keokuk (consideration of previous feasibility study). Jif an agreement on a fee estimate, not-to-exceed amount, or other assumptions are agreed to by the parties, the terms will be listed here.] 8 February 7, 2003 Council Members 410 E Washington St Iowa City, IA 52240 Mid American Energy has proven to be a reliable, trustworthy, and honest utility service over the years. They provide many services that as a municipal utility will not be able to be provided. The Iowa Utility Board provides a check and balance system that a municipal utility will not be required to meet. It is amazing to think that as a city Iowa City is even considering municipal energy services. At the present time Iowa City faces a very tight budget on a good day. Iowa City can't accommodate the requests for funds in the community at this time. Wouldn't it make more sense to put the money for the fe~ihility_g_u_~dy to_w.~ the already borrowed money for the library expansion Iowa. I imagine any i0~v-a~li-y~achfii:-c~)u~lrl tell you many ways their school could use that money. Iowa City Seniors may need to begin paying a fee to use the senior center. Community events funding can only be met by a little over one fourth of the request. Property taxes are proposed to increase by 4.3%. School bonds are already taxing the citizens beyond many of their means!! Couldn't that Feasibility money be put to better use? Marian Karr From: caj4isu@kctc.net Sent: Wednesday, February 12, 2003 12:20 PM To: cou ncil@iowa-city.org Subject: Public Power Initiative Importance: High February 12, 2003 410 E. Washington Street Iowa City, IA 52240 Dear Council: I believe that the Iowa City Council should oppose spending city funds on the proposed study to municipalize the electric distribution system within the city. I feel that MidAmerican Energy Company (MEC) is still the best choice for the citizens of Iowa City. MEC has proven itself as a reliable, low-cost provider of energy to customers in Iowa City for many years. The benefits 5hat MEC provides to its customers run deeper than many people realize. There are the obvious advantages such as the availability of statewide resources to restore power quickly, the ability to keep electric rates constant for a decade and-a-half, and the accessibility of funds for community assistance, energy efficiency programs and economic development. But I would like to touch on some of the benefits that are not so apparent. For the past 10 years, I have been employed as an electrical distribution engineer in the electric utility industry. In that time, I have seen a variety of unique problems that do not have obvious solutions. Many times, I have relied on the years of experience of other electrical distribution engineers within my company to assist in the analysis of these problems. Likewise, I have provided colleagues the support to solve their unique power system problems, because I may have been exposed to those specific challenges in the past. In the end, we work together as a team to solve these problems for one common cause, and that is to provide a quality product to our customers. The electric system in Iowa City relies on many company resources to keep it running efficiently. The electric system protection department in Davenport calculates all of the transmission and distribution circuit breaker settings to minimize outage times when severe weather rolls through. The electric system planning department, also located in Davenport, continually runs analyses of the transmission and distribution systems in Iowa City to determine when parts of the system need to be upgraded. Due to the never ending economic development that is present here, the ability to forecast when these system upgrades should be done is crucial to adequately serving customers. There are many more unique functions that are necessary to operate and maintain an ele ctric distribution system that I could use as examples. The people that perform these functions specialize in them, and carry them out in many communities across the state for MEC. My point is this: If Iowa City chooses to form a municipal-owned electric utility, most of the expertise to run the Iowa City system will be lost. To replace that expertise in Iowa City would not be cost effective. That is exactly why MEC centralizes many of its departments, and in turn, is able to provide its customers with low-cost, reliable power. Sincerely, Chuck A. Johnson, P.E. Distribution Engineering Supervisor MidAmerican Energy Company, Iowa City Page 1 of 1 Marian Karr From: Thomas Howsare [tjhowsare@earthlink.net] Sent: Tuesday, February 11, 2003 8:58 PM To: cou ncil@iowa-city.org Cc: Council Subject: Municipal Feasibility Study I would like the City council to look at my letter about the Municipal feasibility study. Thanks, Thomas J Howsare 601 Eastwood Dr. Solon, iA. 52333 howsaret~yahoo.com --- Thomas Howsare --- tjho.~a];~@ear~h!i~ ,n~t --- EarthLink: The # 1 provider of the Real Internet. *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** 2/12/03 Solon, IA 52333 howsaret@yahoo com February 11,2003 RE: Municipal Feasibility Iowa City Council 410 E. Washington St. Iowa City, IA. 52240 council~,iowa-city.or~ Dear Iowa City Council Members: I'm writing you today as a former 30 + year resident of Iowa City and current employee of Mid American Energy. I oppose the municipal feasibility study that the council is looking into for Iowa City for a couple reasons. Mid American Energy and its employees work very hard everyday to provide highly reliable energy to all of the citizens and visitors of Iowa City. The percentage of reliability is 99.99%. That number is an example of an outstanding effort, but MEC and its employees continue to strive to make it perfect. Through natural disasters or the nicest spring day in Iowa City, MEC provides safe and reliable energy to the public. There are over 70 well-trained employees in the Iowa City area that strive to 2rovide the best service around the clock. Up until a few years ago when my family and I moved from Iowa City, I knew that every morning I woke up that Mid American Energy was going to warm my house and light up the room as I started my day. It was comforting to me to know that I was getting great product and the best price possible. Some think that money will be falling from the sky if this goes through. If you take a closer more in- depth look at municipalities there is no proof that rates will go down. If Mid American Energy is providing the energy for Iowa City, the Iowa Utilities Board will be there to regulate the prices. Who will regulate the prices after it's to late? Nobody. Mid American Energy is dedicated to provide stability, reliability and safe energy in a volatile market. Thank you, Thomas J Howsare Page 1 of 1 Marian Karr From: Dadshaw123@aol.com Sent: Tuesday, February 11,2003 6:33 PM To: council@iowa-city.org Subject: municipalization feasability study Dear Council Members, I am a Mid-American employee and a homeowner in Coralville. I can honestly say that even if I was not an employee of Mid-American I would not be in favor of municipalization in Iowa City, Coralville or any other area I live in. The reasons are many and varied, but as an employee of Mid-American and a former employee of the public utility(CILCO) in Peoria, Illinois I know that the expertise and intricacies of operating a utility company is not something to be taken lightly. I doubt that a municipal utility could provide cheaper power but even if it could, the reliability and security afforded by an established utility with its own generation facilities and resources in both manpower and material are worth much more than the few dollars or cents that I might save in a month. The most recent event that I can point to in this respect is the wind storm of the summer of 1998. I was not yet an employee of Mid-American at the time but I was extremely impressed as to how quickly they were able to get the power back on in a situation that was obviously very bad. The reason was that they were able to get assistance from company employees from other parts of the state. A municipal utility would not have these kind of resources to draw on. When we are talking about the means to heat my home, keep it well lit, cook my food, heat my water, and provide power to my appliances, computers, communications and entertainment equipment I think the best choice is Mid-American. Very truly yours, Larry F. Shaw 2/12/03 Marian Karr From: I nel [neJs_p202@yahoo.com] Sent: Tuesday, February 11, 2003 5:40 PM To: council@iowa-city.org Subject: Don't waste your money! Why waste your money on the pursuit of a municipal electric utility, when you have the best and most reliable provider already in town! Here are the reasons I support MidAmerican Energy. 1. They have a proven track record of low rates and reliable service to the citizens of Iowa City. 2. They employ over 70 people who know the business of running an electric utility company. 3. MidAmerican pays over 1.6 million dollars a year in taxes which support our schools and community colleges. 4. MidAmerican supports energy efficiency programs for local Iowa City people in need. As a proud employee of MidAmerican Energy, I ask you one last question...who was there for you in the storm of 1998, when the citizens of Iowa City needed them? It was MidAmerican Energy with over 300 lineman from all over the state to get the lights back on. Please don't turn the lights off for MidAmerican Energy and it's proud employees by wasting tax dollars on the municipal study. Vicki Nelson 2538 Shawn Ct. Cedar Rapids, Iowa 52405 Do you Yahoo!? Yahoo! Shopping - Send Flowers for Valentine's Day http://shopping.yahoo.com Page 1 of 1 Marian Karr From: JDFUEL@aoI.com Sent: Tuesday, February 11, 2003 9:36 PM To: council@iowa-city.org Subject: Municipal Electric Utility Study Dear Council: I'm an Iowa City resident and property owner. I'm also an employee of MidAmerican Energy Company. I'm based in the company's Iowa City Service Center. As I understand it, the Council is about to vote on whether to use public funds to pay for the city's share of an initial study that is intended to determine the feasibility of the City of Iowa City becoming the owner and operator of the electric distribution facilities that are located within city boundaries. Other communities have begun studying the concept of 'municipalizing' the local electric utility, only to wind up spending very large sums of public funds for studies. In one such case that I'm aware of, a locally owned and operated municipal electric distribution utility did not become a reality, even after significant public funds (millions of dollars) were spent over a number of years to study the concept. Ironically, the community is about the size of Iowa City, and is the home of a state university. I'm concerned that this (initial) study, if funded, could also turn out to be the first cfa number of such (costly) studies. As a proud citizen of Iowa City, I'd prefer to see our community continue to focus its efforts and resources in areas for which, I believe, there are clear mandates. Our excellent public schools, our well-designed and maintained roadways and other public places, excellent police and fire protection are all areas I view as being within these mandates. I urge you to vote against funding of this study. Thank you. Respectfully yours, John Fuelling 2/12/03 Fcbmaty 11, 2003 Iowa City Council 410 East Washington Street Iowa City, Iowa 52240 Dear Iowa City Council, l would I/ke to ask the council to vote in opposition of studying municipalization. I am an employee of iVbdAmetican Energy, however my reasons for turning the study down do not have as much to do with my employer as they do with utilizing the money for more important issues facing the council and the Iowa City area during these difficult economic times. Some may think starting a municipal utility in Iowa City would be a great way to take control of energy prices, create a revenue source, and allow local control over projects. I do not believe this will be the case. If the City Council looks at thefact* surrounding this issue verses the clahns from those who do not have a current track record with a new municipal utility you xvill see municipalization does not make sense. The vulaOity of the electric wholesale market is scary as you can see if you research the trading prices for electric energy over the past ten years. MidAmerican Energy hires employees who are experts at buying and selling electricity as their fnlltlme job plus they own generation that produce electricity for MidAmericaWs customers to keep the volatility away from their customers. Another advantage the Iowa City residents have is the Iowa Utilities Board regulates what MidAmericat~ can charge its customers and the Office of Consumer Advocate lobbies for the consumers' rights during any rate change. This is an advantage the residence of Iowa City will lose if the City goes municipal. If the City is looking at municipalization as a revenue source, that does not make sense either. The part of the energy system that the city would be taking over (local distribution and retail customer service) comprises only one third of the overall energy cost to the customer, so the opportunity to realize saving or added revenue is limited, even if the city could run the electhc system as efficiently as MidAmerlcan. In the time it would t~ke for the City to pay off the purchase of a municipal system the way in which electhcity is produced may have changed. Fuel ceils are already in use around the country producing small amounts of electricity. Fuel cell technology will only get better in the years to come. Will an electric system hke the one we see today be viable in the future? Only time will tell. Does the city of Iowa City and its residence want to take that tisk? Tying up large amounts of the City's bond capacity to purchase a utility system instead of using that money for items that the city is already responsible for also does not make sense. At a time when we struggle to get enough class rooms for our children, fire and police are not being compensated properly for the risk they take, a need for services for low-income families, and ja/I over-crowding, why would the City want to spend hard earned tax dollars for something a vocal minority xvant? 1 do not hear a large pubhc outcry for a change with their utility system. Most customers are happy with the fact that MidAmerican Energy gives them highly reliable energy, in fact, 99.99 percent reliable! I hear people who say we should look into Municipalization. I don't believe we should. Common sense is one of Iowa's strongest values and frankly to study a municipal system at this 6me does not make sense. There are municipals around Iowa today that are an asset for their community and they were all established over 70 yeats ago under advantageous conditions. Most municipals oxvn their own generation or get an allotment from the "cheap" dam power that is no longer available to new municipal systems. Maybe $30,00(I or $40,000 is r~ot a lot of money for the City of Iowa to spend to look into munieipahzation, but to me it looks like we have so many more constructive ways to help the citizens of our conununity. Thank you for the oppormnl~ to share my opinion with you. Sincerely, Mark Grell " Page 1 of 1 Marian Karr From: W~lliam Courtney [wcourt7106@mchsi.com] Sent: Tuesday, February 11, 2003 12:28 PM To: council@iowa-city.org Subject: Electric Municipalization Study Dear Iowa City Council. At a time when the City faces a tight budget,why are you wasting taxpayers money on a electric municipal feasibility whose outcome is very doubtful at best. This study is only the first step in a lengthy and expensive process. The city of Sheldon Iowa spent almost 450,000 on studies,consultants and legal fees and never formed a municipal utility. They had to raise property taxes to pay for it!! Municipal utilities may have made sense 75 or 100 years ago but not today. The city has better things to spend our money on like schools, parks,senior and community events. "Government take-over" of private enterprise runs contrary to the direction and vision the state of Iowa is pursuing. When a state already has 99 counties,377 school districts,and 2500 taxing authorities-another layer of goverment is not only unaffordable but completely unnecessary. "Government take-over of private enterprise stops economic growth and job creation. Local government should leave such specialized existing business to those uniquely qualified businesses. The local goverment should focus on providing the public those services that they are uniquely equipped to provide. William E. Courtney 2/11/03 806 Westside Dr. Iowa City, IA 52246 Februaryl 2, 2003 Iowa City City Council Civic Center Iowa City, IA 52240 Dear Members of the Council, We wish to thank you and the Council for seriously considering an opportunity to protect Iowa City businesses and residents from historically high electric rates. As we have pointed out in our presentations before you, Iowa City small businesses and residents pay, respectively, at least 32% and 28% more per month than the average paid by their counterparts in 137 municipal utilities in the State of Iowa. We believe we owe the citizens of Iowa City an opportunity to explore the possibility of provid'arg them with lower electric rates that other communities in Iowa enjoy. Moreover, lower rates generate more consumer spending in our own community and bring more benefits to the City and its businesses. This historic opportunity for the current and the next generation of local electric rate payers is in your hands. Your decision to join hands and launch a feasibility study with some twenty other communities, including the University of Iowa, is a case in point. We can only gain by wisely, intelligently, and objectively exploring all possib'dities. Sincerely, Carol Spazias~, Co-Chair, Citizens for Public Power Saul Mektes, Co-Chair, Citizens for Public Power February 7, 2003 Emie Lehman 410 E. Washington Street Iowa City, IA 52240-1826 Dear Mr. Lehman: I recently learned that I was listed as a reference in an October 25, 2002 "Proposal for Joint Municipalization Feasibility Study" submitted by Latham & Associates, Inc. I wish to inform you that I was never approached and certainly did not consent to have my name listed as a reference by either of the gentlemen whose resumes are attached to the proposal (Robert J. Latham, PhD and Louie R. Ervin). I find it highly objectionable that the authors would use me as a reference without consulting me. In addition, not only did I not consent to having my name listed as a reference but, if asked, I would emphatically deny such a request on the project proposed. Sincerely, pperspach INTEBNATiONAL 51tOTNEBiiOOD 501-15m Street - Suite 902 OF ELECTRICAL WOItKEIIS Mellne IIIInels 61265 [309] 764-1163 FAX [lOll 764-2315 Mike I(rlulermeiur ' Rand~ ~cklltz TufT~Hurl L~Sllltl St~wflckei CadWlild Business Manager Presid~lt Vici- Prosldeet Bucofllllg ksNlary l~lsiif~r Olealt~ Band Ctkalflall February 7, 2003 Dear Mayor and Council Members This letter is in response to the statement in the article in the Gazette 0MidAmerican Energy ready Io tight back in Iowa City battle) dated 2-2-03, "Get union employees on the company's side." Let me set file record straight, on this issue the leadership and the membership IBEW Local 109 has been working x crv closely with MEC on this issue since it surfaced and there has never been any difference of opinion. Some of the reasons for this are that these are our jobs and future. The level of service and reliability our ~ ell-trained members are currently supplying the Iowa City area with are superior. A reliable energy delivery system encourages Industry to make decisions on expansion and location of facilities. This should remove any doubt about IBEW Local 109"s position on this issue. 5;mcerely, ~erm~eier~'~ Business Manager IBE'~/Local 109 February 9. 2003 C;i~ : , t To: Mayor Lehman ©, ,~ ,,.~, ;, City Council Re: Keep MidAmerican Energy As a resident of Iowa City, I ask that you keep MidAmerican Energy as our gas and electric providers. As a consumer and a customer service employee of MidAmerican Energy, I personally am very much aware of issues and concerns of a municipal utility. I ask that you seriously consider the Value for the Price comparison. · How reliable is a muni? · What would the true price be to our residents? · Is generation always available to a muni? If so, at what cost in 5 years? in 10 years? · What about losing the property taxes paid by MidAmerican Energy? · Economic Impact Potential - Would higher energy costs impact local employers? Could jobs be lost in the future? · What about Green Power? · What about risk management? What if losses are encountered? Who pays? · SAFETY - How will a muni handle the gas and electric emergencies? How would you comply with all laws and regulations? · Customer Service - How much will it cost for a customer information system? Who will respond to customers and their needs 24 X 7? How would the student rash be handled? What about the credit and billing departments? Are you prepared to handle large bad debt write-offs? How would new construction and services be processed? I personally ask you to seriously consider all the issues regarding pursuing a local municipal. Please think for yourselves, your families, our customers and the long term impact on our community. Thank you l~or your consideration. Sincerely, Donna R. Ashmore 390 Westgate Iowa City February 10, 2003 ?;i 21 Ernest Lehman, Mayor 902 Wylde Green Road Iowa City, IA 52246 Dear Mr. Lehman, As both an Iowa City property owner and a MidAmerican Energy Company employee, I am writing to voice my concern and opposition to Iowa City's continued investigation in the municipalization efforts. I have difficulty seeing that any value would be obtained by the city in operating a utility. A quick glance at the business strategies that have failed in the United States recently, shows example after example of enterprises that failed to focus on their core business and were quickly lost because of it. What expertise does the city have in the field of electric utilities? The Iowa City community is already strapped with requests for funding community events that more than triple the amount currently budgeted. A school bond referendum is coming to vote that will require raising taxes on Iowa City property, again, should it pass. The retirement funds for the Iowa City police and fire department have been questioned, and yet the City seems to think it would be worthwhile to allocate funds for a study to determine if they should go into the electric utility business. MidAmerican Energy has served the Iowa City community with a long and reliable service record. The reliability rate is 99.99%! One only has to recall the storm of June 29, 1998 to remember what a wonderful job of restoration was provided by MidAmerican. How would a city owned utility perform? Would a storm increase taxes again or would it just raise the rates ora municipal utility? I hate to see the city lose the revenue ~om property taxes paid by MidAmerican, $1.6 million last year. And on top of the lost revenue, the city would be strapped with high long-term debt as it attempts to become proficient in a service that is already provided at a low and stable rate by MidAmerican Energy. Please withdraw your participation in the municipalization study, save the city tens of thousands of dollars, and focus on those services that the city already provides. Sincerely, Juanita F. Dalton February 7, 2003 Council Members 410 E Washington St Iowa City, IA 52240 Mid American Energy has proven to be a reliable, trustworthy, and honest utility service over the years. They provide many services that as a municipal utility will not be able to be provided. The Iowa Utility Board provides a check and balance system that a municipal utility will not be required to meet. It is amazing to think that as a city Iowa City is even considering municipal energy services. At the present time Iowa City faces a very tight budget on a good day. Iowa City can't accommodate the requests for funds in the community at this time. Wouldn't it make more sense to put the money for the feasibility study toward the already borrowed money for the library expansion Iowa. I imagine any Iowa City teacher could tell you many ways their school could use that money. Iowa City Seniors may need to begin paying a fee to use the senior center. Community events funding can only be met by a little over one fourth of the request. Property taxes are proposed to increase by 4.3%. School bonds are already taxing the citizens beyond many of their means!! Couldn't that Feasibility money be put to better use? Sincerely, Kay Ellefson ~OWA UTILITY ASSOCIATION ~_ ~_ ~ ~;,:~?'~ 321 E. W~J~Ut Stree[ / ~O, Box 6~'~ DES MOJNES, Tucsda~,l'abum~, r . 11, 2003 la tho February issue of Cityscape, Bob I Iaug ~f the Iowa Association of Mtmicipa! Utilities (IAMU) oudined his association's campaign to promote government takeovers of regulated privatt* energy systems. However, Mr, Haua's arguments are sur£aceol,~vel only, Cities con.~ide~ing such a mom need to go beyond the suparlkial reasoning and take a good bard look at tl~e facts and rcallties of m~ay's encr~, enGronmm;t. Most hnporiantly, cilies nccd to uuderstand the diir, rences in the world today and tile conditions ]ollg ago that governed the esmbllshment of lowe's currant govemment-ownod udli,,!es. All ¢l' lox~a's 137 government-run ¢lemrie and gas utilitics are at least 25 years old, and most have bcvm around 50 to 100 years, Today, :mllil:'/inil lhe adv,~tages thru were once available m older city-owned utilities are: federal limits oil municipal bond I~n,~nolng, Ihe ,~bscnce of low-cost Federally subsidized pov,'¢r, the fully bull?out nature or today's energy distribl~tion systems, and the new deregulated wholcsale power market. Most of the IAMU cam¢aiga centers on rates. The assooiatioa comp~es thc rates ---- on average -- o£ lowa'~ iong-¢sanblishcd gw~-en:ment-mn utilities with those of Iowa's iavestor.-ownod companies. The int~rence hero is that new government~ov, m~d utilities will offer the same savings as older ones. Because mo~ ol'the existing city-mn utilities either built or bought into geacraling planks long ago or have access to now tightly re.~trietcd Federally subsidized power, it is unrealistic to expect such savings from a new utility. In all likelihood, a new government-owned utilky would need to incrc~e rates, especially when you add --~ among many other items ~ th,: expense ofpurchaslng the curre~t cleelrie system, the costs of new facilities and equipment, ~,lte price iht the gener;l!.ion rind transmission c~pacity the private utili[¥ has built to serve that eonummity, thc expense ¢f' [eng[hy feasibility studies aad legal f~es, and the r,~placcment of utility property iaxcs. ^~mther fotmdation of the 1AM[J campaiga promme.~ "loc,"d control" as a rnc~s to pa,oct citizens fi'om higl~¢r prices. This is one of the greaes[ £rd',aeie,~ of the government lakcover moventeal. Unless thc new government milky owns a generating plant, which is highly unlikcly today, the city utility board would expose iu customers to greater risk and less con[roi over r~tes because of the volatility ortho wholesale mad<et. Unlike city.-opcr;'tted systems, irlvestor4r~'r.e~l utilities um'lergo strict state al~'~l federal ~'cgulatiea, A thrcc-mcmhel' board appointed by the Governer. ~nlirmcd by ll~e [,egisl;.t/~te. ~nd supposed by an agency of 70 professionals se~ and ~os~trols thek rates. '1'~) t;uole the ctltl'~lll chairman of6fis tegulatolT body, "'Hie Iowa Utililies Board acts as lhe surl~gale for coulpclition." hi addition, gtt~ o~]c~ t~nder fl~e auspices office state Altorney ~3cneml's Oft]cc h~te~cnes on behalfofconsume~ in investor-o;~ed tttil[ty rate cascg and in ~t~ually al~ ttsp~ts efrcgttlatad ufiliw operaIions. Finally, Mr. Hat~g tries to explain az'ay lbo failed m:d cxpeilsive altcn~pt of ibc city of Shcldol~ in [988 to take over Ihe electric utility scr~ng its citrons. ~s conclusion is lhat times ha~'e changed, He believes thc regtdato~, environment and facts fl~at determined ~hc price cquatiot~ for Shcldol: would be different now. lhinga have chm~ged, all right, 13til lie[ in favor of thc gcvcrmne~-takeover movement. I~ight i~ow, the largest investments itt Iowa's hi~ory a'ce being made by utililics. Ahno:;t 52 billion in new ]wwcr plan~ and asgoeialed transmission facilities are urlder constaietion by Alliant Energy and Mi~mefican Energy. These investments exclude the hundr~s of million ofdoHam ofexpenditur~ in energy efficiency programs thal tlxe law ~quires truly of investor-owned tltilitles a~d the milliox~s expended to pt'o~lot~ renewable ciicrgy. These investments are crcaling jobs m~d future t~x revenue lbr all of the commuaities and school districls Ihey Cities considering a takcovcr of their t~lillty should make sr~rc they get ~hc entim stoq,. Itcmemk~r the adage. "Beware of the halt-trtgh; you may get hold of the wrong half." Mark Doaslas Iowa ! kility Association Same letter sent to the Editor of the D~ily Iowan and Press Citizen. February 7, 2003 Ernie Lehman, Mayor CiT~' i~ '~.I_~ lLi '!/\ City Council Members 410 E. Washington Street ~"~ Iowa City, IA 52240 Dear Mayor and Council: As members of Local 109, International Brotherhood of Electrical Workers, here in Iowa City, we are glad that MidAmerican Energy is willing to fight for our jobs (Feb. 2, "Government Beat", Cedar Rapids Gazette). A city takeover of the electric utility would not only hurt the more than 70 MidAmerican employees based in Iowa City, it would be a bad idea for all electric consumers and taxpayers. It makes little sense in this time of tight city budgets to add a huge new city department with a brand-new responsibility - an essential service with which City Hall has no expertise or track record. Running an electric utility today is a complex business, and the wholesale power market regularly sees severe price spikes. We're proud of MidAmerican's service record in Iowa City, our stable rates, and the capabilities and resources MidAmerican Energy offers our customers. If some in the city are willing to put that at risk, it's only responsible for MidAmerican to defend our jobs and the company's history of reliability and service. AS the members of IBEW Local 109, we take pride in the service and reliability we provide. We look forward to continuing this dedicated service to the Iowa City c ommuni ty. Sincerely, ~ ~ ~_~ ~ Marian Karr From: BOCKFAM4@aoI.com Sent: Monday, February 10, 2003 10:04 PM To: cou ncil@iowa-city.org Subject: Electric Municipalization Study Mr. Lehman, I have been an employee of MidAmerican Energy (previously Iowa-Illinois Gas and Electric} for nearly 30 years. I remember many of the same points being discussed 15 years ago when the electric franchise previously came up for renewal. With a significant sense of "D~j~ vu" I have again followed the discussions about the possible City Municipalization in Iowa City. I do have a few observations and questions about the logic of spending money on even the limited study now being discussed by the council. In 1985 one of the significant factors in deciding against municipalization was the high cost for purchase of then Iowa-Illinois' electrical system by Iowa City. Since 1985 MictAmerican and it's predecessor company have spent large sums of money to upgrade numerous electrical substations in the Iowa City area. Conversion of the Urban Renewal area to an underground electrical system has also cost many millions of dollars. With the greatly increased value of these facilities how does Iowa City propose buying a system that was too costly 15 years ago? Another point that must be considered is the possible electrical system differences between a typical a municipal system as compared with a MidAmerican Energy designed electrical system. An example of a typical muni system might in a town such as ~nes. If you look at the electrical distribution system in that city you might see a scary vision of the what the future could hold for Iowa City. Their electrical distribution facilities look to be in rather poor condition with many leaning poles and unevenly sagging wires. Tree trimming looks to be "hit and miss" and the long distances between poles makes it obvious that cost is the overriding concern.. Mid~erican Energy has very few of the problems detailed above and would never intend to design to the "inferior" standards that appear acceptable in ~es. As you drive the streets in ~es you also see many pad mounted transformers placed in the parking area between the street and curb. The engineering department in Iowa City generally does not even "allow" padmounted transformers to be placed in city ROW. This is due to aesthetics as well as concern over potential conflicts with other city utilities. I can only guess that Ames is doing their best with a limited construction budget. The result however is unacceptable by MidAmerican construction standards and also City of Iowa City construction standards. Is that something Iowa City could accept to achieve municipal ownership of the electric system? MidAmerican often brings additional crews for our outlying districts to help with the "student rush" for several weeks in May and August. Will a Municipally owned utility have all the extra personnel at their disposal that MidAmerican does? I doubt it! No better example exists against municipalization than the recovery MidAmerican undertook after the wind storm of June 29, 1998. After the entire town was without power Mid~merican Energy called in hundreds of extra line men who worked the entire week to recover all 30,000+ customers in the area as soon as was humanly possible. Should municiplaization efforts succeed this City would not have that large pool of trained electric personnel to bring on very short notice from across the state. I have worked with many of the Iowa City engineering personnel on numerous projects over the years. I have great respect for their skills at designing, constructing and maintaining the City Infrastructure over the ! years. I doubt however that they would ever want to have anything to do with designing, constructing or maintaining an electric system in this city. I suggest that the Iowa City electric system would best be addressed by the present engineering, operations and field service personnel of MidA~ericn Energy. I urge you to vote against this ill advised study that may ultimately move the Iowa City in an unfortunate direction. Dick Bock 26 Wakefield Ct Iowa City {319) 341-4468 Marian Karr From: BRIAN PHELPS [br[an88ee@msn,com] Sent: Monday, February 10, 2003 9:51 PM To: council@iowa-City,org Subject: Municipal Study February 10, 2003 To Mayor Lehman and the City Council: In just over a week you will be asked to vote on allocating over $35,000 to perform a preliminary feasibility study to create a city-owned electric municipal utility. This is certainly a complex issue and at this time, I would like to focus on the issues of rates and renewable energy. Before I continue, I do want you to know that I am an employee of Mid~erican Energy, an engineer, and most importantly, a resident of Iowa City. The Citizens for Public Power (CPP) and the Iowa Association of Municipal Utilities have made numerous comparisons between Mid~kmerican rates and those of the municipal utilities. While these groups parade the fact that many municipals have lower rates, they remain silent to the fact that many have much higher rates than Mid~kmerican. One must know that when the majority of the municipals were formed 50 to 70 years ago (most in northwest Iowa), that there was an abundance of cheap federal power available from hydroelectric installations along the Missouri river. Those contracts undoubtedly act to lower the "average" costs quoted. Those conditions no longer exist which makes true comparisons very difficult and subject to error. In today's world, buying power off the volatile energy market is risky at best. Indeed, it could put the community at risk. One statement by a pro-municipal speaker early in this process struck home with me. He essentially said, "If you don't have too much generation, then you don't have enough". Perhaps you recall this statement too. Since Iowa City is not contemplating base load generation with this study, it would appear that the City would be in a tenuous position for obtaining adequate iow cost energy. I simply ask; is it worth $35,000 to answer a question that the proponents have already answered? Along these same lines, one of the major goals of the CPP group is to enhance the use of environmentally friendly generation sources such as wind and solar. In reading Mr. Latham's proposal, there is no mention to the fact that this topic will even be addressed. That is, unless you read the "Fee Schedule" towards the very end of the proposal. This means that the City would have to pay an additional consulting fee to find out something that should have been one of the base components of the study. At what point will the decision of when and how much to spend on "extras" be made? As a taxpayer, I am uneasy with the "pay as you go" approach. Finally, I would like to end with a little known fact about Mid~_merican. MidAmerican Energy is the single largest purchaser of renewable energy in the state. In addition, MidAmerican will be actively working with the Governor to increase ~green" energy sources and options for the state. In the long term, this commitment to investigating, developing and investing in new generation sources will keep Iowa from ever becoming another "California". Thank you for the consideration. Brian Phelps Iowa City Engineering & Operations Manager Mid~erican Energy Company 1 Page 1 of 1 Marian Karr From: Joparr711 @aol.com Sent: Monday, February 10, 2003 8:41 PM To: co u ncil@iowa-city.org Subject: electric utility municipalization Council Members, I am writing as a concerned citizen of Iowa City and as a long time employee of MidAmercian Energy Company. I would like to voice my opinion that I think any consideration, time, or expense invested in the idea of Iowa City beginning their own municipal utility would be a huge waste. My major concern is as an Iowa City resident. I know from my 20 plus years of experience that it takes a great deal of expertise to operate a utility company, I don't believe that it's something that could possibly be in the city's best interest. With the incredible expense that would be involved in buying all of the property, wires, poles transformers and, etc., there would be a huge amount of debt to start with. Then to think that you could incur all of the expense that would be involved in starting an electric company, hiring employees, purchasing trucks, tools, equipment, a building, parts, office space, a control room; the list goes on and on. Then there is the loss of all of the tax revenue from all of the property tax that MidAmerican pays the city. After all of that expense and loss of income, then in the end, without having any way of generating your own electricity, then you go out on the open market and buy the electricity from compani es like MidAmerican Energy at a rate higher than what the utility companies can produce it for, because after all the provider would still be making a profit. If a person really gives honest consideration to all of these facts, how in good conscious can you really spend any of the taxpayers money to even look into this proposition. I do know that there are municipal utilities in existence that are doing well, however the majority of them, especially those that serve cities the size of Iowa City, were established in the neighborhood of 100 years ago. They grew slowly as the cities grew and the demand for electricity increased. So just to assume that because there are other cities our size that have municipal electric utilities, that Iowa City could and should have their own is very short sighted, and a great risk for the taxpayers of Iowa City that seems destined to fail. MidAmerican is a top notch utility company, do the research, you'll find out that MidAmerican is thriving in what has been some very trying times for other utility companies. They very reliably provide reasonably priced electricity to the residents of this town, and have for a long time. People take the reliability for granted, and I know for a fact that they really do not like to have to do without their power, I don't think that the city would want to deal with how unhappy the residents would be if they took over the job of supplying electricity and had troubles providing it to them reliably, it's not an easy task. MidAmerican has years of experience and lot of people with an incredible amount of exper rise, at best the city would be taking on a major undertaking with a group of people with different backgrounds from different companies that have never worked together before, trust me, that would be a bad situation. I do also have to say that I am not at all pleased with the water utility that the city currently runs, the new water plant is no excuse. If you compare rates, the water rates are unreasonably high and have had a major increase, MidAmerican's electric rates over the last 5 years have been very stable, and they have stayed this way while they have been building new generating facilities during this time. I sure don't want to see my electric rates increase the way the water rates have, I don't think any resident would. Consulting companies are going to tell you that this is feasible, they're going to tell you what you want to hear. What I don't want to see happen is for the City to spend thousands upon thousands of dollars looking into this only to find out that it really isn't in the city's best interest.. I'm asking you to please not waste the city's money, my money, by investigating this. Leave the electric business to people that know what they're doing and don't be influenced by some small group of people that have taken this on as a pet project. The city should be very glad to have such a great company serving this community, just do us all a favor and renew MidAmerican's electric franchise. Sincerely, Joseph S. Parrish 1280 Dolen Place iowa City, Iowa 2/10/03 Marian Karr From: Terry Hora [thora@zeus.ia.net] Sent: Sunday, February 09, 2003 10:40 AM To: cou ncil@iowa-city.org Subject: electric utility take-over Dear Council, As a lifetime citizen of this town of Iowa City I would like to express my views on the subject of the Iowa City taking over the electric utility of Iowa City. As a 30-year employee of the electric utility, as a consumer, and as a resident I wear three hats on this issue and in this letter I am trying to keep a non bias option and look at the issue ±n a meaningful manner. I think spending this money on this study is a bad deal. Realizing that $36,000 (Iowa City's share) is not a great amount of money considering the annual budget of the city. It is still money that could be spent in a much better way, such as United Way, capital improvements, etc. This study is going to be based on the hypothetical use of numbers. The future has a lot of unknowns and the biggest problem I have is how can you do a study when you don't know what the state and federal governments will do on deregulstion of the electrical industry. Seems to me that you need to know some solid direction that this issue is going before you spend your money on a study and too have a reasonable, accurate, accountable study. Another issue I have is how can you spend this money when there is proposed legislation on banning of the take over of privately owned utilities in the state of Iowa. What a waste of money if in the future the state legislators say no to the future take over by the local municipality of the utilities. Please feel free to call me or e-mail if you have any questions or issues that I can help you with. Sincerely, Terry Hora 609 Normandy Dr. Iowa City, IA 319-337-6920 e-mail -- thora@ia.net Marian Karr From: Robert S. Lehman [rlehman@soli.inav.net] Sent: Sunday, February 09, 2003 3:54 PM To: counc[l@iowa-city.org Subject: public power Robert S. Lehman 1231 Sheridan Ave. Iowa City, IA 52240 rlehman@soli.inav.net 351-1781 To: Hembers of the Iowa City Council: I am writing te express my opposition to Iowa City's participation in the feasibility study for municipalization of the electric utility operation in Iowa City. I was bern, raised and educated here, and have been a homeowner since 1970. Hy reasons fur this opposition fall into two main categories. The first is practical, based en my experience, (32 years installing, repairing, and maintaining high voltage circuit breakers and transformers and their control systems for Iowa-Illinois Gas and Electric Co. and HidAmerican Energy), and the second is financial, as a taxpayer in Iowa City. I recently heard a presentation by Larry Baker, of Citizens for Public Power, that made the takeover ef utility operation by the City sound like a simple thing. He said, "We'll just buy their poles and wires" and "when we throw the switch to change to Public Power, the only difference you will see will be lower rates." I'm afraid that there is a great deal mere to the electric distribution system than "poles and wires". There are complicated electrical and electronic controls te regulate the voltage and efficient operation of the system and protect it against damage. Some of these are automatic, and some are linked by communications systems to MidAmerican's control center in Des Moines where the operators monitor and contrei the system. A municipal utility would have to buy, build, and staff a new control system, and support it with engineering and technical personnel. These of us new locally employed in the operation and maintenance of the electric distribution system frequently enjoy support from ether HidAmerican locations to supply extra manpower, expertise, equipment, and spare parts inventory. A municipal utility would have to contract out for much of this, and the contractor might well be Hid~merican. (A co-worker and I repaired and maintained a substation transformer for the City ef Tipton last year.) I have seen Iowa City's electrical lead triple, and six new substations added to serve the load. None ef these could have been built using local employees alone, but all were built "in house" with help from our co-workers in the Quad Cities. There are many advantages to being part of a larger company with the resources to support the continued growth of Iowa City. Now, to my second objection, and I will try to be more brief with something about which I know less. In a time when all levels of government are experiencing financial problems, I think it unwise, at best, fur the City of Iowa City te fund a study to determine if it should take on a tremendous debt load to run a private business out of town and take over its operation. I have no objection te municipal utilities, but I think there is a world of difference between an established operation that has grown with other city services (perhaps since such service began), and trying to take ever a successful operation from a standing start with no experience. In short: I think that we at HidAmerican know our jobs, and know hew to do them well. We take pride in providing service to our community with a 99.99% reliability. The city can't do it better, and I seriously doubt it can do it cheaper and maintain that level of service. I see no reason to spend ten {or hundreds) of millions to try. Thank you very much for your attention to this letter, and thank you for all your efforts en behalf ef our core, unity. Earnest Lehman, Mayor, At-Large Ernie, We are writing to encourage you to vote against the Joint Feasibility Study for Municipal Electric Power. The time has come to take a formal position on this issue. The instability and risks in proceeding will significantly hinder the economic development opportunities for our community. Businesses today are looking to locate in an area where operating costs are low and the future looks stable with minimal risk introduced to change the economic factors of the business model. As a business owner, I am sure you can appreciate the fear and apprehension that would be introduced should the city decide to proceed with such a high-risk proposal. Economic development factors always focus on reliable energy, at reasonable and stable prices. Iowa City has been a benefactor of the partnership with the existing utility to stand proudly with a professional reliable energy provider with a history of extremely stable rates and reducing operating costs. Moving forward is detrimental to economic development efforts in at least three ways. First, while the existing electric rates have been stable for many years, the same cannot be said for the current municipal run water rates. While supposition may suggest the City could provide similar service at the same rates, pure analysis would strongly suggest otherwise. Secondly, the costly and high-risk pursuit of lengthy court battles could prove to be a burden on the taxpayers of the community. Potential business providers ~vould see this as a risk factor and reasons not to locate in the Iowa City community. Finally, as you know economic development is a partnership that requires multiple supporters to be successful. What hasn't been discussed are the things that would be lost if the existing utility provider was forcibly removed from the community. Economic development ~vould be just one of those items. While a vocal minority would have you believe this is the time and opportunity to proceed, prudent responsibility of your position requires a decision based on the facts and interest in the greater community. Time and interest can be better spent on determining which of the many other deserving funding requests will be the benefactor of the $35,000 that can be made available by putting our tax dollars to better use. Sincerely, Terry L. Smith Cynthia R. Smith Stephanie M. Smith Brian J. Smith 2220 Balsam Court Iowa City, Iowa 52240 Marian Karr From: padleythomas@mchsi.com Sent: Sunday, February 09, 2003 9:59 PM To: cou ncil@iowa-city.org Subject: Municipal Electric Utility Study Mayor Ernie Lehman and Council Members: As an employee of MidPunerican Energy Company, I am concerned about the city's proposal to form a municipal electric utility. I think it is a mistake for the city to consider this for the following reasons: Cost: The energy business today is very complex, and the pricing is volatile. MidAmerican's access to energy markets, industry expertise, financial strength, and diverse portfolio of energy supply sources has insulated the citizens of Iowa City from price spikes and energy shortages during the peak summer demand period. Reliability: Mid~erican has an outstanding track record of providing reliable energy service greater than 99.99% of the time. Mid~/~erican is prepared to handle emergency situations, such as lightning, wind, and ice storms. We can call on over 300 employees to help with service restoration across our service territory. Service: Mid~erican and its employees are experts in providing electric service. Though operating and maintaining an electric distribution system is highly technical and complex, we make sure the power is always there when you flip on a switch. Mid~erican has a 24-hour Operations Control Center to monitor the system to make sure it is working correctly, and a 24- hour call center to answer customer calls. Providing safe reliable electric service is our core business and expertise. I think the city should concentrate on what it does best - provide existing city services. In this time of tight budgets, it does not seem reasonable to launch into a feasibility study to displace a tax-paying successful service provider with a government service provider. Thomas H. Padley Operations Manager, Iowa City MidA~erican Energy Company Home Address: 2860 23rd Avenue Marion, IA 52302 Petition To Iowa citY Cj~ C4~n,cii :-, ~--!? SUPPORT FOR MUNICIPAL POWER Il: We the Undersigned Support the Following: 0'~','I''' !/ O~>/A 1) That the Zown City City Council finance a feasibility study to determine whether it is in our community's best interest to create a municipally owned electric utility funded by up to $75,000 in City funds. 2) That any renewal of the existing franchise agreement b~twe~n Iowa City and MidAmerican Energy not go beyond 2005 when the state-mandated rate freeze will end. 3) That the City Council appoint a citizen's committee to study the feasJbili~ of c~eating a municipally owed electric utility that would do the following: implement fai~ ~etes, foste~ economic development, and p~ovide environmental benefits. NAME STREET ADDRESS ZIP E-MAlL PHONE (Please Pdnt) ADDRESS ~31/ ' ' 15) Sponsored by the ~uklic Power i~ili~ti~e for low~ Ci~ do Co<hd~ Carol Sp~i~i, 806 W~lsid¢ Dr., low~ till IA 52246; (319)33~140; ~s~aoi.~m 4/5/02 Petition To Iowa City City Council SUPPORT FOR MUNICIPAL POWER We the Undersigned Support the Following: l) That the Iowa City City Council finance a feasibility st o~ determine whether it is in our community's best interest t~a~ ..... a municipally owned electric utility funded by up to $75,00G~in Ci~/ funds. 2) That any renewal of the existing franchise agreement between Iowa City and MidAmerican EnergY not go beyond :>005 when the state-mandated rate freeze will end. 3) That the City Council appoint a citizen's committee to study the feasibility of creating a municipally owned electric utility that would do the following: implement fair rates, foster economic development, and provide environmental benefits. NAME STREET ADDRESS ZIP E-MAIL PHONE (Please Print) ADDRESS t , 33~ 0 S mnso~d by the Public Power Initiative for Iowa Ci~ Plm ~m ~s to ~Hc Po~r ~ve for I~a Ci~ ~PI) ~0 ~ ~i S~ani. ~ W~ ~., [0~ Ci~, IA 522~; (319)338~1~; ~ol.~m 4/5/02 Petition To Iowa City City Council SUPPORT FOR MUNICIPAL POWER We the Undersigned Support the Following: 1) That the ]~owa City City Council finance a feasibility studYt~ determine whether it is in our communit~/s best interest towage a municipally owned electric utility funded by up to $7§, .~0~ ~n .~.ty funds. 2) That any renewal of the existing franchise agreement between Iowa City and MidAmerican Energy not go beyond :>00§ when the state-mandated rate fr~eze will end. 3) That the City Council appoint a citizen's committee to study the feasibility of creating a municipally owned electric utility that would do the following: implement fair rates, foster economic development, and provide environmental benefits. NAME STREET ADDRESS ZIP E-MAIL PHONE (Please Print) ADDRESS 1)~~__~~ 7) lO) ~) 13) ~4) ~5) 16) S ~onsored by the Public Power Initiative for Iowa Ci~ PI~ ~ ~ons to ~r: ~o C~ C~ol S~i. ~ W~ ~., Io~ CJi, ~ 522~; (3~9)338~1~; ~ol.~m 4/5/02 Petition To Iowa City City Council SUPPORT FOR MUNICIPAL POWER We the Undersigned Support the Following: ..... ... ~ 1) That the Iowa City City Council finance a feasibility stu~o' detemnine whether it is in our community's best interest taL~a~ a municipally owned electric utility funded by up to $7§,0C~n Ci~ funds. 2) That any renewal of the existing fronchise agreement between ~owa City and MidAn~rican Energy not go beyond ~005 when the state-mandated rate f~eeze will end. 3) That the City Council appoint a citizen's committee to study the feasibility of creating a municipally owned electric utility that would do the following: implement fair ~ates, foste~ economic development, and provide environmental benefits. NAME STREET ADDRESS ZiP E-MAIL PHONE (Please Print) ADDRESS Lu An,~" ~.z'~ ~_~ ~ .~zzvs .3~ ) Sponsored by the Public Power Initiative for Iowa Ci~ Pl~ ~m ~fiona to ~r: ~e Power ~ for I~ Ci~ ~D ~o Co~ ~l S~iani, ~ W~de ~., I~ Ci~, IA 522~; (319)33841~; ~ol.~m 4/5/02 Marian Karr From: Sent: To: Subject: Thomas Scott [tomscott@riverproducts.com] Tuesday, February 18, 2003 8:05 AM council@iowa-city.org Feasibility Study of Establishing Municipal Utilities Mayor Ernie Lehman, City Council of Iowa City My objection to the above is based on two simple, but very important reasons: (1) I have witnessed governmental agencies too often engaging in the hiring of consultants that tell them what they want to hear or what they think they want to hear. But rest assured, there will be further studies required and more money to be spent on consultants. I'm afraid you are engaging in the proverbial slippery slope by taking this first step. and (2) What will ultimately become of rates? Will they continue to be based on the cost of providing services, or will they be decided by some self-interest group that happen to dominate the latest city council election? For industrial customers to stay in the Iowa City area or for new ones to settle in our community, aka economic development, the rate structure needs to be both flexible and yet fair. I think our present rate structure complies. Mr. Mayor and councilpersons, I understand that the tracks are greased and the train is at full throttle on this study. I would hope that more deliberative minds wold carry the day on the next, but inevitable study. Thomas R. Scott, President River Products Company, Inc. CHESTER J. CULVER HOOVER BUILDING, 2ND FLOOR IOWA SECRETARY OE STATE DES MOiNES, IOWA 50319 March 07, 2003 MARIAN K. KARR CITY CLERK, CITY OF IOWA CITY, IOWA 410 E WASHINGTON ST. IOWA CITY, IA 52240-1826 RE: Filing of 28E Agreement between the CITY OF IOWA CITY, IOWA and the CITY OF UNIVERSITY HEIGHTS, IOWA Dear MS KARR We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of March 07, 2003. Sincerely, Chester J Culver Secretary of State CJC/db Enclosures TEL (515) 281-5204 FAX (515) 242-5953 www.sos.state.ia.us sos@sos.state.ia.us Prepared by: City Attorney's Office, 410 E. Washington St., Iowa City, IA 52240 (3t9) 356-5030 RESOLUTION NO. 03-64 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT FOR PUBLIC SAFETY DISPATCH SERVICES BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE CITY OF UNIVERSITY HEIGHTS, IOWA. WHEREAS, the City of Iowa City (Iowa City) and the City of University Heights (University Heights) are both municipal corporations, with authority to enter into an agreement with other agencies, whether public or private, to carry out each City's governmental duties, as provided in Chapter 28E, Code of Iowa (2001); and WHEREAS, Iowa City operates an Emergency Operations Center with sufficient capacity to provide University Heights with public safety dispatch services as agreed by both Parties; and WHEREAS, it is in the best interests of both Parties to share public safety dispatch services whenever possible, for the mutual benefit of the citizens of both the City of Iowa City, and the City of University Heights; and WHEREAS, the parties have negotiated such an agreement to provide appropriate terms for the provision of public safety dispatch services to the City of University Heights through the City of Iowa City's Emergency Communications Center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor and City Clerk are hereby authorized to execute the Chapter 28E Agreement for Public Safety Dispatch Services between the City of Iowa City, Iowa and the City of University Heights, Iowa attached hereto and incorporated by reference herein, and said Agreement is hereby approved as to form and content, and is found to be in the best interests of the citizens of Iowa City, Iowa. The City Clerk is hereby authorized to record a certified copy of this Resolution, with the Agreement attached in the Secretary of State's office for the State of Iowa, and also in the Johnson County Recorder's Office, as required by Chapter 28E, Code of Iowa (2001). The City Clerk is hereby directed to forward a copy of the returned, recorded resolution and agreement to the City of University Heights, Iowa. Passed and approved this 18th CITY'CLERK day of~ MAYOR Resolution No. 03-64 Page 2 It was moved by Pfab and seconded by adopted, and upon roll call there were: Champion AYES: NAYS: ABSENT: X X X X X X X the Resolution be Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum CHAPTER 28E AGREEMENT FOR PUBLIC SAFETY DISPATCH SERVICES BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF UNIVERSITY HEIGHTS, IOWA This Agreement is made and entered into by and between the City of Iowa City, Iowa, ("Iowa City"), and the City of University Heights, Iowa, ("University Heights"), both municipal corporations, sometimes collectively referred to as "Parties," WHEREAS, University Heights and Iowa City both provide services requiring routine as well as emergency public safety dispatch services; and WHEREAS, the City of Iowa City currently operates an Emergency Communications Center capable of providing public safety dispatch services to both Parties; and WHEREAS, it is mutually beneficial for both Iowa City and University Heights to cooperate, and to work closely with one another in the area of public safety dispatch services; and WHEREAS, it is in the best interest of both Parties to share dispatch services whenever possible, for the mutual benefit of the citizens of the cities of Iowa City and University Heights; and WHEREAS, Chapter 28E, Code of Iowa (2001) permits state and local governments to make efficient use of their resources and powers, in order to provide joint services by way of a duly recorded agreement. NOW, THEREFORE, in consideration of their mutual promises herein, the City of University Heights and the City of Iowa City agree as follows:. 1. University Heights acknowledges Iowa City operates an Emergency Communications Center with sufficient capacity to provide University Heights with public safety dispatch services. -2- 2. To that end, Iowa City and University Heights agree more specifically as follows: a) Iowa City shall provide University Heights with routine and emergency public safety dispatch services per the terms outlined in this Agreement. b) University Heights will purchase all public safety communication equipment needed by the City of University Heights, and agrees to maintain any and all equipment so purchased or provided by University Heights. c) Iowa City agrees to staff and maintain the Emergency Communications Center which is the subject of this Agreement, and to do so adequately and responsibly. d) Parties agree that University Heights' cost for public safety dispatch services through the Iowa City Emergency communications Center shall ~ be $42,275 annually (from July I to June 30 of each fiscal year), which sum shall be payable in equal quarterly installments of $10,568.75 due on July '1, October 1, January 1, and April I of each fiscal year. Said payments shall be made within sixty (60) calendar days of each due date listed above, notwithstanding any failure by the City of Iowa City to convey a billing statement to University Heights. Non-payment of said installments when due and payable shall constitute a breach of this agreement upon which the City of Iowa City may terminate said agreement upon thirty (30) calendar days written notice, notwithstanding any provisions of subparagraph (0 below to the contrary. The above-noted annual payment shall be re-evaluated on or about July 1, 2004, after the tirst year of operations under this agreement. The annual payment amount may be adjusted by written agreement of the parties as contemplated by subparagraph (h) below. e) University Heights agrees to pay all costs necessary to configure their equipment and geofile locations to interface with Iowa City's Emergency Communications Center and shall also be responsible for any costs associated with the conversion of University Heights' 911 equipment to interface with the Iowa City system. Additionally, University Heights shall complete such configurations and conversions as soon as practicable and prior to the effective date of this agreement. f) Parties agree this Agreement shall be for a pedod of one (1) year and effective from July 1, 2003, and that this Agreement shall be automatically renewed for additional pededs of one (1) year each, on the same terms and conditions herein, unless either party gives the other party written notice to terminate the agreement sixty (60) calendar days pdor to July 1 of each successive year. However, this Agreement shall not extend beyond July 1, 2007, without review and re-execution of a new agreement, together with re-recording of said updated agreement. g) Parties agree this Agreement is not assignable. h) Notices under this agreement shall be sent by regular mail to the City Clerk of each City at their regular mailing addresses and shall be deemed delivered upon the date of mailing. Further, all amendments or addenda shall be in writing and duly executed by proper authority of each municipal corporation named herein. 3. Parties hereto acknowledge that this Agreement shall conform to the requirements of Chapter 28E, Code of Iowa (2001); and that this agreement, as such, will renew only upon -4- execution by the City Councils of the City of Iowa City and the City of University Heights, and further upon filing with the Secretary of State of the State of Iowa, together with this Agreement being duly recorded with the Johnson County Recorder's Office, Johnson County, Iowa. Dated this / ~ day of ~'F.~,~'..q~. ,20 o~. / THE CITY OF IOWA CITY, IOWA ~ THE CITY OF UNIVERSITY HEIGHTS By: y: , ~,, "' Ernest W. Lehman, Mayor Gloda Jacobson, Mayo~/' Mar'lan K. Karr, City Clerk Patricia Birk, City Clerk -5- IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~"~ day of ~-'EP~/~,., , 20 O~, before me, the undemigned, a Notary Public in and for the Stata'~f Iowa, personally appeared Emest W. Lehman and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in ((3m~,~a~e) (Resolution) NO. O 3 - 4, ~ passed (the Resolution adopted) by the City Council on the I ~' day of ~:~,~,~, ,20_.~_.3~ and that Ernest W. Lehman and Madan K. Karr acknowledged the execu{fon of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. t'L' SO~D.AE~O.T I CommiSsion Number 15S7~11 Notary Public in and for the State of Iowa My Commission1 Expl~ I My Commission Expires: .,,,4- '7- c~ I UNIVERSITY HEIGHTS ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~.~" day of ~,~.~r~-.c,~,~ . 20o_~ , before me, the undersigned, a Notary Public in and for the State]of Iowa, personally appeared Gloda Jacobson and Patdcia Birk, to me pemonally known, and, who, being by me duly sworn, did say that they ara the Mayor and City Clerk, respectively, of the City of University Heights, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (4~l:t~3ge) (Resolution) No. C~ Z. -05' passed (the Resolution adopted) by the City Council on the I. ~_+~' day of ~.~,.,.~.,~,,...., ,20,',.,3 , and that Gloda Jacobson and Patdcia Birk acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ,.>~.'^~-~ ~ 8~EVEN E. BALLARD J J ~ I COMMISSION NO. 16,385, I ~- [ ~ - o 5 I Nota~ Public in and for the State o~ Iowa My~mmiss~n ~ims: q _ t ~ -~ CHAPTER 28E AGREEMENT FOR PUBLIC SAFETY DISPATCH SERVICES BETWEEN THE CITY OF IOWA CITY, I/~WA AND THE CITY OF UNIVERSITY HEIG/~,TS, IOWA This is made and entered into by and City of Iowa City, Iowa, ("Iowa City"), and ~ of University Heights, Iowa, ( Heights"), both municipal corporations, sometimes referred to as "Parties." WHEREAS, University hts and Iowa City provide services requiring routine as well as emergency public safet, services; and WHEREAS, the City of Iowa City operates an Emergency Communications Center capable of providing public safety ; to both Parties; and WHEREAS, it is mutually and University Heights to cooperate, and to work closely with one another in t~e area of ! dispatch services; and / WHEREAS, it is in the best ;erest of both Parties to share~sp~ services whenever possible, / for the mutual benefit of thJcitizens of the cities of Iowa City and~ ~ Heights; and / WHEREAS, Chapter 2/~E, Code of Iowa (2001) permits state; governments to make / efficient use of their/~sources and powers, in order to provide /ices by way of a duly / recorded agree NOW, THEREFORE, in consideration of their mutual promises herein, the City of University Heights of Iowa City agree as follows: / 1. Heights acknowledges Iowa City operates an Emergency Communications with sufficient capacity to provide Un/iversity Heights with public safety dispatch services. 2. To that end, ~ City and University Heights agree more specifically as follows: a) Iowa City provide Umverslty Heights with routine and emergency public safet' per the terms outlined in this Agreement. b) University p~urohase all public safety communication equipment needed by the City niversity Heights, and agrees to maintain any and all equipment so p~Jrcha I or provided by University Heights. c) Iowa City to staff maintain the Emergency Communications Center whi, reement, and to do so adequately and d) Parties ree that University cost for public safety dispatch through the Iowa City Emer Communications Center shall be 275 annually (from July 1 to June 30 9ach fiscal year), which sum I be payable in equal quarterly ~ $10,568.75 due on July October 1, January 1, and Apdl I of year. Said payments shall be made within sixty (60) calendar days of due date listed above, notwithstanding any failure by the City of City to convey a billing statement to University Heights. Non- installments when due and payable shall constitute a breach of this upon which the City of Iowa City may terminate said agreement u thirty (30) calendar days written notice, notwithstanding any of subparagraph (f) below to the contrary. -4- The above-noted annual payment shall be re-evaluated on or about July 1, 2004, after the flint year of operations under this agreement. Tho annual payment amount may be adiusted agreement of the parties as ~,~ contemplated by subparagraph (h) bel( e) '~t~iversity Heights agrees to costs necessary to configure their equ'i~,, ent- and geofile to interface with Iowa City's Emergency Commu~cation$ Center shall also be responsible for any costs essociated the of UniYemity Heights' 011 equipment to City system. ^dditionally, University Heights shall oomplete such uration$ and conversions as soon as practicable and prior date of this agreement. f) Parties this Ag~ be for a pedod of one (1) year and from July 1, 2003, and ireement shall be automatically for additional periods (1) year each, on the same terms ;onditions herein, unless either gives the other party written terminate the agreement sixt, ~ys prior to July 1 of successive year. However, this 3t shall not extend beyond July 1, 2007, reement, together with re-recording of said updated agreement. Parties agree this Agreement is not assignable. h) Notices under this agreement shall be sent by regular mail to the City Clerk of each City at their regular mailing addresses and shall be deemed delivered upon the date of mailing. Further, all amendments or addenda shall be in writing and duly executed by proper authority of each -5- 3.~ municipal corporation named herein. Parties hereto acknowledge that this Agreement shall the requirements further upon filing W~the Secretary of State of the State o~ J ,wa, together with this Agreement Datedbeing dulYthis recorded wi~ohnsOndal of ~ County ~ ir ~ Johnson County, iowa. THE CITY OF IOWA CITY, IOWA ~, CITY OF UNIVERSITY HEIGHTS By: ly: Emest W. Lehman, Mayor Gloria Jacobson, Mayor Attest: Attest:'x, Marian K. Kan', City Clerk Pa, tricia Birk, City Clerk -6- ATE~F IOWA CITY ACKNOWLEDGEM[ ST IOWA ) ~, ) ss: JOHNSON ~,UNTY ) On this ~ day of 20, before me, the undersigned, a No't~.ry Public in and for the State of ~y appeared Ernest W. Lehman and Madan K. Karr, to, me personally known, and,)/ being by me duly sworn, did say that they are the Mayor and Cit~,Clerk, respectively, of th~'(: of Iowa City, Iowa; that the seal affixed to the foregoing instrument, s the corporate seal/of corporation, and that the instrument was signed and sealed on beh'~f of the cor ati~h, by authority of its City Council, as contained in (Ordinance) (Resolution) No.~ ,pass' ed (the Resolution adopted) by the City Council on the day of. "~ ' ,20 , and that Ernest W. Lehman and Marian K. Kan' acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed ~ corPoration, by it voluntarily executed. Notary Public in and for the State of Iowa My Commission Expires: UNIVERSITY HEIGHTS ;KNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of 20 , before me, the undersigned, a Notary Public in and for the State of Iowa, ~ally appeared Gloda Jacobson and Patdcia Birk, to me personally known, and, who, being by duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City ¢ Ihts, Iowa; that the seal affixed to the foregoing instrument is the corporate seal ~n, and that the instrument was signed and sealed on behalf of the corporation, by authority , Council, as contained in (Ordinance) (Resolution) No. passed (the adopted) by the City Council on the day of ,20 , ,:1 that Gloda Jacobson and Patdcia Birk acknowledged the execution of the instrument to be their V~luntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. '\ Notary Public in and for the State of Iowa My Commission Expires: Ar~en/~orm~/28Eanci RES.doc / ADVERTISEMENT FOR BIDS IOWA RIVER DAM RENOVATION & PEDESTRIAN TRUSS BRIDGE OVER IOWA RIVE Sealed proposals will be received by the City Clerk of the City of Io ,, Iowa, until 10:30 A.M. on the 11h day of February, 2003, or at a later date andh xNNNby the Director of Public Works or designee, with notice of said to be ,,x~, .~ublished as required by law. Sealed proposals will be opened: ~ thereafter by ihX~,xCity Bids submitted fax machine "sealed Engineer or designee· by ~i~'; for purposes of this Project· Proposals will be acted Council at a me~ing to be held in the Emma J. Harvat Hall at 7:00 P. of February ' ·,,,, 2003, or at such later time and place as ~ be scheduled. "-~,... The Project will involve the · ' * Repairing '"., · Buildin am and in spillway. All work is to be ctXone in strict compliance '~ specifications prepared by NNW, Inc., of Iowa /, Iowa, which have Council, ' Clerk. Each completed a form furnished by the City and must be accompanied one containing the proposal, by a bid bond executed b' in the sum of 10% of the bid. The bid shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, I' and shall be forfeited to the City of Iowa City in the event the successful bidder fai into a contract within ten (10) calendar days of the City to the City ensuring the faithful if required, pursuant to the provisions of this Bid bonds of the lowest of not to exceed fifteen (15) calendar days following ; made. Other bid bonds will be returned ~ Council. The uired to [ in an amount equal to one hundred percent (100 of the contract price, said bond to be , and shall guarantee the of all materials and labor, and also and save harmless the City ' kind caused directly operation of the contract also guarantee the mainte- nance period of five (5) year(s) fomml acceptance by the Cit3 ~ouncu. ~ The following limitations shall apply to this Pro, ct: Working Days: 180 ~ Specified Start Date: March 3, 2003 ~ [ imlidated Damac, e~: 59700 her day ~ tained from th Development at (51: Office at (515) Bidders shall list on 1 parties with whom th~ o subcontract. This lis The Contractor awarded the c submit a list on proposed subcontractors, together with { ; and extended dollar amotmts. By virtue of sta~.tory authority, provisions grown and coal produced within the State of Iowa domestic labor, to the extent lawfully required under Iowa Stai~tes. ~ idder preference law applies to The City rese~wes the right to reject an also reserves the right to waive Published upon order City Council of ~ Ioxva. K. KARR, CITY CLERK