HomeMy WebLinkAbout1996-10-08 ResolutionPrepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 96-281
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE RELEASE OF A LIEN REGARDING A MORTGAGE FOR THE PROPER-
TY LOCATED AT 803 EAST CHURCH STREET, IOWA CITY, IOWA
WHEREAS, on July 22, 1994 the property owner of 803 East Church Street executed a Mortgage
to secure a loan in the amount of $7,294 through the City's Housing Rehabilitation Program; and
WHEREAS, said 'document created a lien against the property; and
WHEREAS, on February 28, 1996 the property owner paid said loan in full.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of
Lien for recordation, whereby the City does release the property located at 803 East Church
Street, Iowa City, Iowa from the Mortgage recorded in Book 1792 Pages 291 thru 295 of the
Johnson County Recorder's Office,
Passed and approved this 8th day of f)ctnhPr
,1996.
A"Ff'EST: ~r~-),~' .~.~
ClTY~LERK
It was moved by Kubby
adopted, and upon roll call there were:
AYES: NAYS:
X
X
X
X
X
MAYOR
A oved by. ,
City Attorney's Office
and seconded by Lehman
the Resolution be
ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thornben'y
Vanderhoef
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 803 East Church Street, Iowa City,
Iowa, and legally described as follows:
The North ~ of Lot 4 in Block 9, in iowa City, Iowa, according to the recorded plat thereof.
from the Mortgage recorded on August 4, 1994 in Book 1792, Pages 291 through 295 of the
Johnson County Recorder's Office.
Said property is hereby released from any liens or clouds upon title to the above property by
reason of said prior recorded document.
ATTEST: ~
CITY CLERK
City Attorney's Office
STATE OF iOWA )
) SS:
JOHNSON COUNTY )
On this E, day of ~)~I~,~5~,- , A.D. 19 ~/~, , before me, the under-
signed, a Notary Public in and for said County, in said State, personally appeared Naomi J.
Novick and Marian K. Karr, to me personally known, who being by me duly sworn, did say that
they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within
and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the
instrument was signed and sealed on behalf of the corporation by authority of its City Council, as
contained in Resolution No. ~'&-~,~ , adopted by the City Council on the 8, ,'-,t. day ~
~r~,J~_r- , 19 ~& and that the said Naomi J. Novick and Marian K. Karr as such'
officers acknowledged the execution of said instrument to be the voluntary act and deed of said
corporation, by it and by them voluntarily executed.
ppdrehab\803churc.rel
Notary Public in and for Johnson County, Iowa
RESOLUTION NO, 96-282
RESOLUTION AUTHORIZING COMPREHENSIVE IMPROVEMENTS ASSISTANCE
PROGRAM (CLAP) AMENDMENT #17 TO THE CONSOLIDATED ANNUAL
CONTRIBUTIONS CONTRACT KC-9166
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing
Authority and the Department of Housing and Urban Development has authorized funding for
1 996 Comprehensive Improvements Assistance Program (CLAP) funds; and
WHEREAS, the City of Iowa City presently has an Annual Contributions Contract with the
Department of Housing and Urban Development to administer Certificate, Voucher and Public
Housing Programs; and
WHEREAS, the participants of the housing assistance programs and the Citizens of Iowa City
would benefit from the Comprehensive Improvements Assistance Program funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
The Mayor and City Clerk are hereby authorized and directed to respectively sign and
attest said Amendment to the Department of Housing and Urban Development for
ClAP funds.
The City Clerk is hereby authorized and directed to certify appropriate copies of this
resolution together with any necessary certifications as may be required by the
Dep. artment of Housing and Urban Development.
Passed and approved this 8th day of October , 1996.
ClTY~L. ERK
It was moved by Kubb~v
adopted, and upon roll call there were:
City Attorney's Office
and seconded by Lehman
AYES: NAYS: ABSENT:
X
X
the Resolution be
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5142
RESOLUTION NO. 96-283
RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM
SEWER, TILE LINES, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS
FOR EAST HILL SUBDIVISION, AND DECLARING THE PUBLIC IMPROVEMENTS
OPEN FOR PUBLIC ACCESS AND USE.
WHEREAS, the Engineering Division has certified that the following improvements have been
completed in accordance with the plans and specifications of the City of Iowa City:
Sanitary sewer, storm sewer, tile lines, and water main improvements for East Hill
Subdivision, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa.
Paving improvements for East Hill Subdivision, as constructed by Metro Pavers, Inc.
of Iowa City, Iowa.
WHEREAS, maintenance bonds have been filed in the City Clerk's office; and
WHEREAS, traffic control signs have been installed,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all
dedications and public improvements previously set aside as not being open for public access
are hereby formally accepted and declared open for public access and use.
Passed and approved this 8th day of October
,1996,
ATTEST: ~"~~
CITY-CLERK
Approved by
City Attorney's Office
33S
Resolution No, 96-283
Page 2
It was moved by K.bhy and seconded by
adopted, and upon roll call there were:
IohmAn
AYES: NAYS: ABSENT:
X
X
X
X
X
X
the Resolution be
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
ENGINEER'S REPORT
CITY OF I0 WA CITY
October 1, 1996
Honorable Mayor and City Council
Iowa City, Iowa
RE: East Hill Subdivision
Dear Honorable Mayor and Councilpersons:
I hereby :ertify that the construction of the sanitary sewer, storm sewer, tile lines,
water main, and paving improvements for East Hill Subdivision have been completed
in substantial accordance with the plans and specifications of the Engineering Division
of the City of Iowa City. The required maintenance bonds are on file in the City
Clerk's office for the sanitary sewer, storm sewer, tile lines, and water main
improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa, and for
the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa.
I recommend that the above-referenced improvements be accepted by the City of Iowa
City.
Sincerely,
Richard A. Fosse, P.E.
City Engineer
410 EAST WASHINGTON STREET · IOWA CITY. IOWA $2240.1826 · 1319) 356-5000 · FAX (319) 356-5009
Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243
RESOLUTION NO. 96-284
RESOLUTION APPROVING FINAL PLAT OF GALWAY HILLS, PART THREE, A 21.29
ACRE, 53-LOT RESIDENTIAL SUBIDIVlSON LOCATED SOUTH OF GALWAY DRIVE
AND EAST OF HIGHWAY 218, IOWA CITY, IOWA
WHEREAS, the owner, DAV-ED, Ltd., filed with the City Clerk the final plat of Galway Hills,
Part Three, Iowa City, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City,
Johnson County, Iowa, to wit:
Commencing at the Southeast Corner of the Southwest Quarter of the North-
east Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth
Principal Meridian; Thence S89°35'03"W, along the South Line of said South-
west Quarter of the Northeast Quarter, 400.92 feet, to the Point of Beginning;
Thence Continuing S89°35'03"W, along said South Line, 359.50 feet, to its
intersection with the Northeasterly Right-of-Way Line of Iowa Primary Road 518
(218); Thence N47°13'15"W, along said Right-of-Way Line, 2019.01 feet;
Thence N42°41'26"E, 54.27 feet, to the Southwest Corner of Lot 63, of
Galway Hills Subdivision, Part Two, in accordance with the Plat thereof Record-
ed in Plat Book 35, at Page 269, of the Records of the Johnson County
Recorder's Office; Thence N74°31'39"E, along the Southerly Line of said
Galway Hills Subdivision. Part Two, 140.05 feet; Thence Southeasterly, 99.82
feet, along said Southerly Line, ona 179.64 foot Radius Curve, concave North-
easterly, whose 98.54 foot chord bears S31 °23'28"E; Thence S47°18'34"E,
along said Southerly Line, 19.93 feet; Thence N42°41 '26"E, along said South-
erly Line, 101.30 feet; Thence S86°03'50"E, along said Southerly Line,
1 73.05 feet; Thence N67°38'08"E, along said Southerly Line, and the Souther-
ly Line of Galway Hills Subdivision, Part One, in accordance with the Plat
thereof Recorded in Plat Book 31, at Page 247, of the Records of the Johnson
County Recorder's Office, 229.O5 feet; Thence S69° 19'31 "E, along the South-
erly Line of said Galway Hills Subdivision, Part One, 46.99 feet; Thence
SO5°10'54"W, 303.98 feet; Thence S37°17'47"E, 52.88 feet; Thence
S54°13'20"E, 62.06 feet; Thence S57°29'55"E, 60.96 feet; Thence
N80°37'27"E, 226.45 feet; Thence N64°28'O9"E, 35.00 feet; Thence
S89°40'41"E, 108.05 feet; Thence N64°52'30"E, 127.O1 feet; Thence
SO5°26'24"E, 128.10 feet; Thence S17°18'04"E, 396.07 feet; Thence
S30°34'46"E, 153.93 feet; Thence S13°15'37"E, 111.42 feet; Thence
N76°44'23"E, 12.88 feet; Thence S13°15'37"E, 185.OO feet; Thence
N76°44'23"E, 170.00 feet; Thence S13°15'37"E, 295.98 feet, to the Point
of Beginning. Said Tract of Land Contains 21.29 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
Resolution No. 96-284
Page 2
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat and subdivision be accepted and approved; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with
the free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of
Iowa (1995) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The said final plat and subdivision located on the above-described real estate be and
the same are hereby approved.
The City accepts the dedication of the streets and easements as provided by law and
specifically sets aside portions of the dedicated land, namely streets, as not being open
for public access at the time of recording for public safety reasons.
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 is hereby further
authorized to record the legal documents and the plat at the office of the County
Recorder of Johnson County, Iowa at the owner's expense.
Passed and approved this 8th day of October , 1996.
ATTEST: ~ ~" ::~/~_x.4.'/
f-TY-hZ- - K
It was moved by Norton and seconded
adopted, and upon roll call there were:
~~tOl~
by Lehman the Resolution be
AYES: NAYS: ABSENT:
X
X
X
X
X
X
X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
Prepared by: Scott
Associate Planner, 410 E. Washington St., Iowa City, IA
RESOLUTION NO.
RESOLUTION
ACRE, 53-LOT
AND EAST
ROVING FINAL PLAT OF GALWAY
IDENTIAL SUBIDIVISON LOCATED S(
IWAY 218, IOWA CITY, IOWA
THREE, A 21.29
OF GALWAY DRIVE
WHEREAS, the owner, DA ED, Ltd., filed with the City C
Part Three, Iowa City, County, Iowa; and
final plat of Galway Hills,
WHEREAS, said subdivision ~s ~cated on the
Johnson County, Iowa, to wit:
-described real estate in Iowa City,
Commencing at the
east Quarter of Section
Principal Meridian; Thence
west Quarter of the Northeast
Thence Continuing S89°36'0
intersection with the Northe~
(218); Thence N47°13'1
Thence N42°41'26"E,
Galway Hills Subdivisi
ed in Plat Book 3
Recorder's
Galway Hills Su
feet, along sa
easterly, w 98.54 foot chord bears
along sa~
Corner Southwest Quarter of the North-
North, Range 6 West, of the Fifth
along the South Line of said South-
rter, 400.92 feet, to the Point of Beginning;
along said South Line, 359.50 feet, to its
ht-of-Way Line of Iowa Primary Road 518
said Right-of-Way Line, 2019.01 feet;
feet,
Part Two, in
Page 269, of
N74°31
Pert Two,
y Line, on a 1
y Line, 19.93 feet; Thence
the Southwest Corner of Lot 63, of
ordance with the Plat thereof Record-
Records of the Johnson County
3long the Southerly Line of said
Thence Southeasterly, 99.82
Radius Curve, concave North-
;'28"E; Thence S47° 18'34"E,
:°41 '26"E, along said South-
erly Lil
173.
ly
101.30 feeT; Thence S86°O3'50"E
feet; Thence N67°38'O8"E, along
of Galway Hills Subdivision, Part One
:orded in Plat Book 31, at Page
along said Southerly Line,
~erly Line, and the Souther-
accordance with the Plat
Records of the Johnson
)'31"E, alongtheSouth-
Thence
Thence
Thence
, Recorder's Office, 229.O5 feet; Thence
/~ri¢ Line o!. said Galway Hills Subdivision, Pa~,t 46.99 feet;
S05°10'54 W, 303.98 feet; Thence S37 17, 52.88 feet;
S54°13'20"E, 62.06 feet; Thence S57°29'55"E, feet;
N80°37'27"E 226.45 feet; Thence N64°28'O9"E, ~.00 feet; Thence
S89°40'41"E 108.05 feet; Thence N64°52'30"E, feet; Thence
S05°26'24"E 128.10 feet; Thence S17°18'04"E, 3,~ 1.07 feet; Thence
S30°34'46"E 153.93 feet; Thence S13°15'37"E, 1 ¢,2 feet; Thence
N76°44'23"E 12.88 feet; Thence S13°15'37"E, feet; Thence
N76°44'23"E 170.00 feet; ThenceS13°15'37"E, 295.98feet, tothePoint
of Beginning. Said Tract of Land Contains 21.29 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
Resolution No.
Page 2
WHEREAS, the Planning and Zoning Commission examined the final plat and subdi
recommended that said final plat and subdivision be accepted and approved;
and
WHEREA~ a dedication has been made to the public, and the subdivision ha
the free and in accordance with the desires of the owners and
ade with
and
WHEREAS,
Iowa (1995)
final plat and subdivision are found to conform wit
all other state and local requirements.
354, Code of
NOW, THEREFOF
IOWA, THAT:
BE IT RESOLVED BY THE CITY COUNCIL
CITY OF IOWACITY,
1. The said final
the same are
and subdivision located on the
approved.
bed real estate be and
The City accepts the
specifically sets aside
for public access;
edication of
the dedic~
ne of
easements as provided by law and
land, namely streets, as not being open
public safety reasons.
o
The Mayor and City Clerk
directed, upon approval
to said subdivision, and to
the final plat after passage an¢
authorized to record the legal
Recorder of Johnson Count
the Cit Iowa City, Iowa, are hereby authorized and
~,, to execute all legal documents relating
' of this resolution, which shall be affixed to
~pproval by law. The City Clerk is hereby further
~ments and the plat at the office of the County
the owner's expense.
Passed and approved this day of , 1996.
MAYOR
Approved by
ATTEST:
CITY CLE/~/
It was moved by/ and seconded by
adopted, and u?h roll call there were:
//~'YES: NAYS:
ABSENT:
the Resolution be
Bak
Kubb'y~
Lehman
Norton
Novick
Thornberry
Vanderhoef
Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-,5243
RESOLUTION NO. 96-285
RESOLUTION APPROVING FINAL PLAT OF HUNTERS RUN, PART 8, IOWA CITY, IOWA.
WHEREAS, the owner, Hunters Run Development Co., filed with the City Clerk the final plat
of Hunters Run, Part 8, 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:
Commencing at the Southeast Corner of the Southwest Quarter of Section 18,
Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence
NOO°46'6"E, along the East Line of the Southwest Quarter of said Section 18,
a distance of 1150.38 feet, to the centerline of Rohret Road, in accordance
with the final plat of Hunters Run Subdivision, Part One, as recorded in Plat
Rook 22, at Page 53, of the records of the Johnson County Recorder's Office;
Thence S74°18'00"W, along said centerline, 574.49 feet; Thence
NO1°26'OO"E, 210.84 feet, to the Northwest Corner of Lot 104, Hunters Run
Subdivision, Part Five, in accordance with the plat thereof recorded in Plat Book
30, at page 205 of the records of the Johnson County Recorder's Office;
Thence N88°34'OO"W, along the South Line of lots 103 and 102 of said
Hunter's Run Subdivision, Part Five, a distance of 199.80 feet, to the South-
west Corner of Lot 102, and the Point of Beginning; Thence S01°26'00"W,
230.57 feet, to a point on the Northerly Right-of-Way Line of Rohret Road;
Thence S74°18'00"W, along said Northerly Right-of-Way Line 496.54 feet;
Thence S76°08'00"W, 387.84 feet, to the Southeast Corner of Wild Prairie
Estates Part One, in accordance with the plat thereof recorded in Plat Book 34,
at page 82, of the records of the Johnson County Recorder's Office; Thence
NO2°O2'45"E, along the East Line of said Wild Prairie Estates, Part One,
574.71 feet, to the Southwest Corner of Hunters Run Part Seven, in accor-
dance with the recorded plat thereof recorded in Plat Book 32, at Page 176 of
the records of the Johnson County Recorder's Office; Thence S63°00'00"E,
along the South Line of said Hunters Run Part Seven, 328.43 feet, to a point
on the Easterly Right-of-Way Line of Pheasant Valley Street; Thence
N27°OO'OO"E, along said Easterly Right-of-Way Line, 18.45 feet, to the South-
west Corner of Lot 132, Hunters Run Subdivision Part Seven; Thence
S63o00'00"E, along the South Line of said Lot 132, 125.00 feet, to the
Southeast Corner thereof; Thence N27°OO'OO"E, along the East Line of lots
132 and 131, Hunters Run Part Seven; Thence N65°22'17"E, along the South
Line of Lots 130 and 129, Hunters Run Part Seven, 51.30 feet, to the South-
west Corner of Lot 99, Hunters Run Part Five; Thence S63°00'00"E, along the
Southwesterly Lot Line of Lots 99 and 100, 315.89 feet, to the Point of Begin-
ning. Said tract of land contains 7.58 acres, more or less and is subject to
easements and restrictions of record.
Resolution No, 96-285
Page 2
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval;
and
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat and subdivision be accepted and approved; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with
the free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of
Iowa (1995) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The said final plat and subdivision located on the above-described real estate be and
the same are hereby approved.
The City accepts the dedication of the streets and easements as provided by law and
specifically sets aside portions of the dedicated land, namely streets, as not being open
for public access at the time of recording for public safety reasons.
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 owner/subdivider shall record the
legal documents and the plat at the office of the County Recorder of Johnson County,
Iowa.
Passed and approved this 8th day of October
,1996.
ATTEST: ~.~. ~
CITY-CLERK
Resolution No, 96-285
Page 3
It was moved by Lehman and seconded by
adopted, and upon roll call there were:
Thornberry the Resolution be
AYES: NAYS: ABSENT:
X
X
X
X,
X
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
STAFF REPORT
To: Planning and Zoning Commission
Item: SUB96-0019. Hunters Run, Part 8
GENERAL INFORMATION:
Applicant:
Contact person:
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan:
Applicable Code requirements:
File date:
45-day limitation period:
60-day limitation period:
Prepared by: Scott Kugler
Date: September 19, 1996
Hunters Run Development Company
1550 S, Gilbert Street
Iowa City, Iowa 52240
Phone: 338-2095
MMS Consultants
1917 S. Gilbert St.
Iowa City, IA 52240
Phone: 351-8282
Final plat approval
To create a 7.58 acre, 17-lot residential
subdivision
On the north side of Rohret Road, east
of Goldenrod Drive
7.58 acres
Vacant, RS-5
North:
East:
South:
West:
Residential, RS-5;
Residential, RS-5;
Residential, PDH-5;
Residential, RS-5.
Residential, 2-8 dwelling units per acre
Chapter 14-7, Land Subdivisions
August 15, 1996
September 30, 1996
October 14, 1996
BACKGROUND INFORMATION:
The applicant, Hunters Run Development Company, is requesting final plat approval for
Hunters Run, Part 8, a 7.58 acre, 17-lot residential subdivision located on the north side of
Rohret Road, east of Goldenrod Drive. A preliminary plat was approved for Hunters Run in
1981, and amended in 1988. An extension of the expiration date of this preliminary plat has
been granted to November 3, 1996, and therefore it is still valid. Part 8 will complete the
development of land covered by this preliminary plat.
ANALYSIS:
Final Plat: The proposed final plat appears to be in general conformance with the City's
subdivision regulations. Construction drawings and legal papers have been submitted and are
under review. Both must be approved prior to City Council consideration of the final plat.
The plat contains a total of 17 lots with no outlots or areas designated for open space. The
street and lot layout is in substantial conformance with the approved amended preliminary plat
for Hunters Run, Parts 4 through 9. Sidewalks of 4' in width are to be constructed along both
sides of Pheasant Valley Street and Quail Valley Court. An 8' wide sidewalk has already been
constructed along Rohret Road in this location, for which fees will be required along with the
approval of this plat. Other properties that have been developed along Rohret Road in recent
years have also paid fees toward the installation of the sidewalk.
Lots 152 through 156 are double frontage lots that back onto Rohret Road, an arterial street,
and lots 146 and 158 are corner lots with frontage on both Rohret Road and Pheasant Valley
Street. The final plat contains a note prohibiting direct vehicular access to these lots from
Rohret Road. In addition, the double frontage lots mentioned above (152-156) are relatively
shallow lots considering that they back onto an arterial street. To avoid a situation where the
arterial is lined with fences as has occurred in other parts of town where similar situations
exist, staff recommends that the applicant consider installing a substantial landscaped buffer
at the rear of these lots. There are a few double frontage lots within Hunters Run located to
the east of Part 8 where fencing has already been installed. A landscaped buffer consisting
of a mix of evergreens and deciduous trees and shrubs can provide an adequate buffer for
these lots while presenting an attractive appearance along the arterial street.
Watermain Tap-on Fees and Sewer Extension Fees: Development of this property will be
subject to a sanitary sewer tap-on fee. Public Works is investigating whether or not fees for
water service to this property were paid in the past when earlier portions of Hunters Run were
developed. If not, a watermain extension fee based on the size of the subdivision will be
required. Staff hopes to have this issue resolved prior to the September 19 meeting.
Cul-de-sac Design: Questions have been raised by Public Works about the design of the
proposed cul-de-sac and whether or not, with a proposed center island, the turning radius is
sufficient for City fire vehicles. However, the applicant does have preliminary plat approval
for this subdivision that shows a similar street configuration. Decisions regarding street and
lot layout are typically made at the time of the preliminary plat so that developers can proceed
with planning and bidding construction activities. Whether the City can require changes to
the street configuration, and whether the City wants to discourage the use of landscaped
islands within cul-de-sacs, need to be determined. The cul-de-sac may be short enough in
length to allow the larger vehicles to back out if necessary. Staff hopes to have this issue
resolved prior to the September 19 meeting.
Neighborhood Open Space: Most of this subdivision, including the preliminary plat for Parts
4 - 9, was planned and platted prior to the adoption of the Neighborhood Open Space Plan.
At that time a good deal of open space was reserved at the north end of the subdivision for
Hunters Run Park and along Willow Creek. The dedication of additional open space is not
required for this final plat.
STAFF RECOMMENDATION:
Staff recommends that SUB96-0019, a request for final plat approval of Hunters Run, Part
8, a 7.58 acre, 17-lot residential subdivision located on the north side of Rohret Road, east
of Goldenrod Drive, be approved, subject to the approval of legal papers and construction
drawings prior to City Council consideration of the final plat, and subject to the resolution of
issues regarding watermain tap-on fees and the design of the cul-de-sac.
ATTACHMENTS:
1. Location Map.
2. Final Plat.
Approved by:
Robert Miklo, Senior Planner
Department of Planning and
Community Development
',~EST
HIGH
SCHOOL
HUNTERS RUN
PARK
CFFY 0r iOWA CITY CORP0,~ATE UMliS
FOLLOWING IS
BEST DOCUMENT AVAILABLE
8
Prepared by: Robert Miklo, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240
RESOLUTION NO. 96-286
RESOLUTION RESCINDING THE PRELIMINARY PLAT OF SADDLEBROOK
ADDITION AND FINAL PLAT OF SADDLEBROOK ADDITION, PART ONE, IOWA
CITY, IOWA.
WHEREAS, the C'ity Council approved the preliminary plat of Saddlebrook Addition on August
15, 1995, Resolution No. 95-243; and
WHEREAS, the City Council approved the final plat of Saddlebrook Addition, Part One, on July
16, 1996, Resolution No. 96-216; and
WHEREAS, the subdivider has not filed the final plat with the Johnson County Recorder's
Office; and
WHEREAS, the preliminary and final plat design at Saddlebrook Addition inc!udes a landscaped
median in Heinz Road; and
WHEREAS, the owner Lake Calvin Properties has requested that the preliminary plats and final
plats be rescinded to allow approval of alternative preliminary and final plat designs which do
not include a landscaped median in Heinz Road.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The preliminary plat of Saddlebrook Addition, Resolution No. 95-243, is hereby
rescinded.
The final plat of Saddlebrook Addition, Part One, Resolution No. 96-216, is hereby
rescinded.
Passed and approved this 8th day of October
· 1996.
ATTEST: ~
CIT~ CLERK
Resolution No, 96-286
Page 2
It was moved by Nnrtnn and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
X
X
X
X
X
X
Kubby
ABSENT:
the Resolution be
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
City of Iowa City
MEMORANDUM
Date: September 19, 1996
To: Planning & Zoning Commission
From: Robert Miklo, Senior Planner
Re: SUB96-0018. Saddlebrook Addition
The preliminary plat of Saddlebrook Addition, Part 1, was approved on August 15, 1995. The final
plat of Saddlebrook Addition, Part 1, Lots 1-4 was approved by the City Council on July 16, 1996.
Rather than filing the approved version of the plat the applicant has proposed rescinding the
preliminary and final plat approval and having a new revised version of the plats approved. The
proposed revision would eliminate the center median of Heinz Road between the intersection with
Highway 6 and the entrance to manufactured housing park on Lot 4. The right-of-way for Heinz
Road would be reduced from 100 feet to 66 feet in width. In lieu of two lanes of 24 feet wide
paving and the median, the applicant is proposing to build a 34 foot wide street with an 8 foot
sidewalk on the west side and a 4 foot sidewalk on the east side.
The median previously proposed by the applicant would have been 17 feet wide and would have
been landscaped with ground cover and street trees. The applicant has indicated that they do
not want to incur the expense required for installing the wider street and median. Although it
would be an amenity for the neighborhood, the landscaped median is not a requirement of the
City's subdivision regulations and was proposed voluntarily by the applicant.
The previously approved preliminary plat included an easement for the Scott Boulevard sanitary
sewer. This easement should appear on both the preliminary and final plats. The legal papers
must provide for the granting of this easement to the City. Other deficiencies and discrepancies
on the two plats must also be corrected.
Staff Recommendations
Staff recommends that the preliminary and final plats of Saddlebrook Addition be deferred
pending resolution of deficiencies and discrepancies noted below. Upon resolution of these
deficiencies and discrepancies, staff recommends the approval of the preliminary plat of
Saddlebrook Addition, a 222.62 acre 10-1or residential subdivision, and final plat approval of
Saddlebrook Addition, Part 1, a 62 acre 4-lot subdivision, located south of Highway 6 and Heinz
Road, subject to approval of construction plans and legal documents prior to City Council
consideration.
2
Deficiencies and Discrepancies
The preliminary and final plat should show the Scott Boulevard sanitary sewer easement.
The dimensions on the plat should be consistent with the dimensions in the legal
description.
A public water main and easement should be shown for Lot 4.
The elevation points for storm water basin #2 should be corrected.
Attachments
1. Preliminary Plat
2. Final Plat
Approved by: Karin ~'ranklin, Director
Dept. 'of Planning & Community Development
i'll/Ill!l-ill .17
FOLLOWING IS m~
BEST DOCUMENT AVAILABLE
Revised
Preliminary Plat_
PROJECT
ii
ii
FOLLOWING IS
BEST DOCUMENT AVAILABLE
lilLE
PROJECT
FINAL PLAT
8AD~D~I~OOK ADDl[T~OI~
PA~T 1
'~,
~ ~;/ · ,-,
!1!1i ~Ullfill I
-~1 ~M .........I
Iii
,1!
ill
Prepared by: Robert Miklo, Assoc. Planner, 410 E. Washington St., Iowa City, IA ,62240 (319) 356-5240
RESOLUTION NO. 96-287
RESOLUTION APPROVING PRELIMINARY PLAT OF SADDLEBROOK ADDITION AND FINAL
PLAT OF SADDLEBROOK ADDITION, PART 1, IOWA CITY, IOWA.
WHEREAS, the owner, Lake Calvin Properties, filed with the City Clerk the preliminary plat
of Saddlebrook Addition and the final plat of Saddlebrook Addition, Part 1, Iowa City, Iowa,
Johnson County, Iowa; and
WHEREAS, said final subdivision is located on the following-described real estate in Iowa City,
Johnson County, Iowa, to wit:
Aportion of the NW 1/4, Section 25; the W 1/2 NE 1/4, Section 25, except the east 660.05
feet thereof; the W 1/2 SE 1/4, Section 24 lying south of Highway No. 6 (formerly Lower
Muscatine Road, formerly Wyoming Road), except the east 660.05 feet thereof; and the east
25 feet of the E 1/2 SW 1/4, Section 24 lying south of said Highway No. 6, all located in
Twp. 79 N., R. 6 W., of the 5th P.M., Iowa City, Iowa being the same realty described in
Book 1036 - Page 193 Johnson County Recorder's Office, described as follows:
Beginning at a 5/8" rebar set marking the common quarter corner between said Sections 24
and 25;
thence S 88°36'12" W - 25.00 feet along the south line of said Section 24 to a 5~8"
rebar set at the SE corner of Bon Aire Mobile Home Lodge as described in Book 1035- Page 422 and Plat Book 2 - Page 127 which point also marks the Point of Beginning
of the parcel herein described;
thence N 00005'24" W - 1627.67 feet (recorded 1622.1 I feet) along the west line of said
east 25 feet of the E 1/2 SW 1/4, Section 24 which line is also the east boundary of
said Bon Aire realty to a 5/8" rebar set on the southerly ROW line of said Highway No
6 as described in Book 226 - Page 515;
thence Southeasterly - 330.34 feet along said ROW line along a 5789.58 foot radius curve,
concave northeasterly, with a central angle of 03°16'O9" and achord of S 59°25'31"
E - 330.29 feet to a 5~8" rebar set 60 feet normal to P.T. Sta. 288 + 17.4;
thence S 61 °03'35" E ~ 464.44 feet along said ROW line to a 5/8" rebar set marking the
intersection with the west line of said east 660.05 feet of the W 1/2 SE 1/4, Section
24;
thence S 00o17'37" W - 987.51 feet along said west line of the east 660.05 feet of the W
1/2 SE 1/4, Section 24 to a set 5~8" rebar;
thence N 89°51 '28" W - 298.49 feet to a 5/8" rebar set on the easterly ROW line of Heinz
Road;
thence Southeasterly - 235.84 feet along said ROW line along a 1941.00 foot radius curve,
concave northeasterly, with a central angle of 06o57'42" and a chord of S 17°02'18"
E - 235.70 feet to a set 5/8" rebar;
thence S 20o31'09" E - 78.15 feet along said ROW line to a set 5/8" rebar;
Resolution No. 96-287
Page 2
thence S 69°28'51" W - 66.00 feet to a 5~8" rebar set on the westerly ROW line of said
Heinz Road;
thence S 20°31'09" E - 129.30 feet to a set 5/8" rebar;
thence southeasterly 376.18 feet along a 967.00 foot radius curve, concave southwesterly,
with a central angle of 22°17'21" and a chord of S 09022'28" E - 373.82 feet to a
set 5~8" rebar;
thence S 01°46'13" W - 114.19 feet to a set 5/8" rebar;
thence southeasterly - 236.10 feet along a 533.00 foot radius curve, concave northeasterly,
with a central angle of 25o22'49" and a chord of S 10°55'12TM E - 234.18 feet to a
set 5/8" r6bar;
thence S 67°01'36" W - 33.10 feet to a set 5~8" rebar;
thence westerly- 903.89 feet along a 1457.50 foot radius curve, concave northerly with a
central angle of 35°31 '58" and a chord of S84°47'35" W- 889.47 feet to a set 5~8"
rebar;
thence N 77026'26" W - 238.75 feet to a set 5~8" rebar;
thence westerly- 304.75 feet along a 1542.50 foot radius curve, concave southerly, with a
central angle of 11°19'11" and a chord of N 83°06'01" W - 304.25 feet to a set
5/8" rebar;
thence N 88°45"37" W - 487.49 feet to a set 5~8" rebar;
thence N 00o09,02.. W. 865.42 feet to a 5/8" rebar set on the north line of said NW 1/4,
Section 25;
thence N 88°21 '05" E - 86.03 feet along said north line of the NW 1/4, Section 25 to a 5/8"
rebar found marking the southwest corner of said 8on Aire realty;
thence N 88°36'12" E- 1290.05 feet along said north line of the NW 1/4, Section 25 to the
Point of Beginning.
Said Saddlebrook Addition, Part One contains 62.012 Acres, more or less.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed preliminary plat and final plat and subdivision, and
recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the preliminary plat and final plat
and subdivision and recommended that said preliminary plat and final plat and subdivision be
accepted and approved; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with
the free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said preliminary plat and final plat and subdivision are found to conform with
Chapter 354, Code of Iowa (1995) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF '{'HE CITY OF IOWA CITY,
IOWA, THAT:
1. The preliminary plat of Saddlebrook Addition is hereby approved.
Resolution No. 96-287
Page 3
The said final plat and subdivision located on the above-described real estate be and
the same are hereby approved.
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,
The City Council hereby finds that, due to the unusual characteristics of the
Subdivision coupled with the uncertain location of the east-west parkway, the general
requirement of financial guarantees and/or escrows for the future construction of the
southern extension of Heinz Road and the future construction of sidewalk adjacent to
:the southerly and easterly lines of Lot 4 of the Subdivision results in an undue burden
being placed on the Subdivision by reason of excessive costs. Therefore, pursuant to
Iowa City Code Section 14-7A-7D, the City Council of Iowa City hereby approves the
waiver of the general requirement of a finanacialguarantee and/or escrow for certain
improvements in said Subdivision, accepting in lieu thereof, the attached "Agreement
and Covenant in Lieu of Escrow", which shall be executed and recorded in accord with
paragraph 5 below.
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 is also hereby further
directed to record the legal documents and the plat in the office of the County
Recorder of Johnson County, Iowa at owner's expense.
Passed and approved this 8th day of October
,1996.
CORPORATE S
142
Resolution No. 96-287
Page 4
It was moved by Kubb~y and seconded by
adopted, and upon roll call there were:
IPhman
AYES: NAYS: ABSENT:
X
X
X
X
the Resolution be
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
"* 2173 ~A~ 143
RESOLUTION NO.
RESOLUTION AUTHORIZING EXECUTION OF A LETTER OF UNDERSTANDING
BETWEEN THE CITY OF IOWA CITY AND THE ELKS GOLF AND COUNTRY
CLUB REGARDING FOSTER ROAD EXTENDED AND GOLF COURSE CHANGES
IN CONNECTION WITH THE NEW WATER TREATMENT PLANT.
WHEREAS, City Staff was directed to negotiate with the Elks Golf and Country Club ("Elks
Club") in lieu of condemnation for property rights needed for the City's development of the
new Water Treatment Plant and Foster Road extended and to allow the Elks Club to continue
to operate a golf course, if possible; and
WHEREAS, City Council now wishes to enter into a letter of understanding to acquire property
rights in lieu of condemnation and to convey and lease certain property to the Elks Club to
build two additional golf course holes to replace those which will be lost by the City's
acquistion of the aforementioned property rights.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that:
The letter of understanding to acquire property rights from the Elks Club in lieu of
condemnation and in exchange for the City conveying and leasing land to the Elks Club
for the construction of two additional golf holes to replace those lost by reason of the
City's acquisition of the aforementioned property rights, is hereby approved as to form
and substance.
J
The City Attorney is directed to carry out all necessary procedures to consummate the
acquisition of said property rights, as agreed.
Passed and approved this day of , 1996.
ATTEST:
CITY CLERK
It was moved by
adopted, and upon roll call there were:
AYES: NAYS:
MAYOR
and seconded by
City Attorney's Office
the Resolution be
ABSENT:
Baker
Kubby
Lehman
Norton
Novick
__._ Thornberry
Vanderhoef
RESOLUTION NO.
RESOLUTION AUTHORIZING CONVEYANCE BY SALE AND/OR LEASE OF
LAND ADJACENT TO THE ELKS GOLF AND COUNTRY CLUB.
WHEREAS, the City Council has considered a "letter of understanding" between the City of
Iowa City and the Elks Golf and Country Club ("Elks") regarding the improvement of Foster
Road and the development of the new Water Treatment Plant; and
WHEREAS, said agreement is in the public interest, and contemplates that certain land will
be conveyed to the Elks, and that the Elks in turn will convey certain easements to the City
for a sanitary sewer and water main, together with a permanent well access road/recreational
trail easement;
WHEREAS, on September 1 O, 1996, a public hearing was held on the proposed conveyance
and lease before the City Council and the City Council on August 27, 1996 adopted a
Resolution declaring its intent to convey and lease said property; and
WHEREAS, following public hearing on the proposed conveyance and lease, the City Council
finds that the conveyance and lease is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that:
The Mayor and the City Clerk are authorized to execute the documents necessary to
carrY/out the intent of the letter of understanding.
The City Attorney is hereby authorized to carry out all actions necessary to
consummate the conveyance and lease, as required by law.
Passed and approved this
day of , 1996.
ATTEST:
CITY CLERK
MAYOR
City Attorney's Office
3' 5
Prepared by: Susan Craig. Library Director, 123 S. Linn, Iowa City, IA 52240 (319) 356-5206
RESOLUTION NO 96-288
RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE
IOWA CITY PUBLIC LIBRARY.
WHEREAS, Resolution No. 96-56, adopted by the City Council on March 5, 1 996, authorized
permanent positions in the Iowa City Public Library for FY97; and
WHEREAS, the Iowa City Public Library desires to reorganize the Circulation Department in
order to maintair~ the high quality of library services and provide direct management suppgrt
to the department; and
WHEREAS, the Library desires to use a current vacancy in a Public Services Clerk position to
create a position that has been requested but r~ot funded during three budget cycles, that
being Library Coordinator, Administrative Grade 30; and
WHEREAS, said change would return the Library to the number of management positions
maintained from 1981 to 1992; and
WHEREAS, if said change is made, the addition of .25 Public Services Clerk is needed to
continue effective circulation of library materials; and
WHEREAS, the increase of .25 staff will be funded from state reciprocal borrowing payments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The budgeted positions in the Iowa City Public Library be amended by:
The deletion of the following position:
I Public Services Clerk, AFSCME Grade 4
The addition of the following positions:
1 Library Coordinator, Administrative Grade 30
.25 Public Services Clerk, AFSCME Grade 4
Passed and approved this 8th
ATTEST: ,,~,..,.~_9
CITY CLERK
day of October , 1996.
Azop~oved
City Attorney's Office
Resolution No. 96-288
Page 2
It was moved by Kubby and seconded by
adopted, and upon roll call there were:
Norton
AYES: NAYS: ABSENT:
X
X
X
X
X
the Resolution be
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
TO:
FROM'
DATE:
,~jC
I uJlding a
.ury o[ Service
City Council
Susan Craig, Library Director~
10/3/96
RE:
Library Circulation Department Reorganization
The Library has requested authorization and funding for a Library Coordinator to manage the
Circulation Department for three years. The cost of this position is estimated at $51,572 We
have been encouraged by the City Manager and Council members to look for solutions other than
the increase of a full time position to fill our organizational needs. We are asking that the
department be reorganized by removing a Public Services Clerk position which is currently vacant
and adding a Library Coordinator position. In addition a current part-time public services clerk
would be increased .25, with the increase to be funded from state reciprocal borrowing payments.
Background
The Library is organized into five main units: Information Services, Childrens' Services, Technical
Services, Community & Audiovisual Services, and Circulation Services Each of these except
Circulation Services has a Library Coordinator as a department head. The Assistant Director
currently serves as the Circulation Services Coordinator as well as her other duties which include,
among other things, planning and managing all library automation activities. In FY92 two small
departments, Community Services and Audiovisual Services, were combined under one manager
and tile resulting vacant position became a much needed teclmical support position A Circulation
Coordinator has been the top priority personnel request of the Library for three years, and remains
so. With a current vacancy in the department, an opportunity to make changes is present. If
approved, this returns t he library to the level of management staff present from 1981 to 1992.
Cost
Personnel has calculated the cost of these proposed changes.
Difference in cost (including salary & benefits) between vacant
position and new position. To be paid from operating budget.
$20,58 1
Cost of increasing ct~rreefi~t Public Services Clerk
position from. 75 t o.~Xf~ (including salary & benefits).
To be paid from state reciprocal borrowing funding.
$8,890
123 SOUTH LINN STREET IOWA CITY. IOWA 52240
SUSAN CRAIG. DIRECTOR INFORMATION 319"356-52OO BUSINESS 319'356-5206
FAX 319-356-54(.
Prepared by: Dale Helling, Assistant City Manager, 410 E. Washington St., Iowa City, IA 52240 319-356-5013
RESOLUTION NO. 96-289
RESOLUTION CONFIRMING TCI CABLEVISION'S REQUESTED RATE INCREASE
AND ESTABLISHING TCi CABLEVlSION'S "MAXIMUM PERMITTED RATE" FOR
BASIC CABLE SERVICE
WHEREAS, pursuant to public law and the regulations of the Federal Communications
Commission ("FCC"), the City of Iowa City, Iowa ("City"), retains regulatory authority over
basic cable television services provided by TCI Cablevision of Eastern Iowa ("TCI Cablevision")
in the authorized franchise area encompassing the City; and
WHEREAS, on March 1, 1996, TCI Cablevision filed FCC Form 1240 for the purpose
of requesting and justifying an increase in its rates for basic cable services from $10.03 per
month to a level of $11.O5 per month for a 12-month period beginning June 1, 1996; and
WHEREAS· in the exercise of its regulatory authority, the City has reviewed TCl
Cablevision's FCC Form 1240 filing and its attachments and has determined that TCI
Cablevision's requested rate is within FCC rules and regulations; and
WHEREAS, the City also has determined that TCI Cablevision's calculation of its
"Maximum Permitted Rate" incorporates excessive and/or unauthorized components and fails
to utilize appropriate historical and projected inflation factors and, as a result, is overstated
by 90.1048 per month per subscriber;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
(1)
TCI Cablevision's requested rate increase for basic cable service to the level of
~;11.O5 per subscriber per month beginning June 1, 1996, is confirmed.
(2)
TCI Cablevision's "Maximum Permitted Rate" for basic cable service shall be
set at $11.1987 per subscriber per month and this figure shall be the basis for
the starting point in TCI Cablevision's next annual FCC Form 1240 filing.
Passed and approved this 8th day of October
· 1996.
ATTEST:ciT~ER~K
ceb~etvltc[~ rat o.re$
A~4~,ove d by .~.
City Attorney's Office
3'fll
Resolution No. 96-289
Page 2
It was moved by Kubby and seconded by
adopted, and upon roll call there were:
Lehman
the Resolution be
AYES: NAYS: ABSENT:
X
X
X
l
X
X'
Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
City of Iowa City
MEMORANDUM
Date: September 30, 1996
To: City Council
From: Dale Helling, Assistant City Manager
Re: Basic Cable Television Rates
Your October 8, 1996, agenda includes a resolution confirming TCI Cablevision's requested basic
rate increase which became effective June 1, 1996, and establishing a "maximum permitted rate"
for basic cable service. This is the only component of cable rates over which cities have any
regulatory authority and we can only require that the actual rate be at or below the maximum
permitted rate which is based on FCC established formulas.
TCl's calculations yielded a maximum permitted rate of $11.3035 while our consultant, Rice
Williams Associates, calculates that rate to be $11.1987. In either case, the current basic rate
of $11.05 is within the permitted limits. However, the established maximum permitted rate serves
as a basis for the calculation of future rate increases through 1999, at which time all local rate
regulation is abolished. It is in the interest of local subscribers that we ensure that the maximum
permitted rate is accurate and is not overstated.
The resolution before Council establishes what we believe to be the maximum permitted rate and
preserves the City's right to challenge future increases based on the higher maximum permitted
rate claimed by TCI. TCI may challenge our calculations as well. However, since the current rate
is not in dispute, it is possible that we will wait and see what basic rate increase TCI proposes
for next year (beginning June 1, 1997) before any further action is taken.
Attached please find a copy of a letter from Rice Williams Associates which further explains this
issue. The complete "Review and Analysis" is available in my office if you wish to see it.
R/CE, WILLIAMS ASSOCIATES
June 17, 1996
Mr. Dale Helling
Assistam City Manager
City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
Proposed Order for TCI of Cablevision of Eastern Iowa
Establishing its Maximum Permitted Rate for Use in
Future FCC Form 1240 Filings
Dear Mr. Helling:
We previously have discussed Rice, Williams Associates' (RWA) review of the TCI of
Cablevision of Eastern Iowa FCC Form 1240 filing on several occasions. Subsequent to each
of those discussions, TCI was given a chance to respond to various questions, and we have
considered those responses. Attached herewith is our final review and analysis of the TCI filing,
including a recalculation of TCI's "Maximum Permitted Rate" based upon the adjustments which
are described therein. As we have discussed, no reduction in the "Operator Selected Rate" of
$11.05 per subscriber, per month, can be justified from this review, but TCI's "Maximum
Permitted Rate" determination should reflect the adjustments described in our review in order
that the next annual FCC 1240 true-up calculation and rate projection can begin on the correct
basis.
The FCC methodology allows cable operators to carry forward the difference that occurs
when the rate put into effect is less than the "Maximum Permitted Rate" determined in the
filing. This difference together with interest can be rolled into future rates. It is possible that
competitive concerns may prevent TCI from later recovering the undercharges that will result
from their selection of a rate that is less than the "Maximum Permitted Rate," but the potential
for future recovery exists. Accordingly, it is important that the "Maximum Permitted Rate" be
correctly determined even if the cable operator is requesting less than that amount in its actual
rates. It is the opinion of RWA, based upon the review and analyses attached hereto, that the
City should adopt a resolution (order) which requires that TCI utilize the lower "Maximum
Permitted Rate" that has been determined by our analyses.
601 Pennsylvania Avenue. NW
Suite 900
Wuhmgton. DC 20~4
Phone: (202) 737-2400
774.C Walker Road, P.O. Box 765
Great ~L~, VA 22066
Phone: (703) 757-0570
~ (703) 757-0573
Mr. Dale Helling
Assistant City Manager
City of Iowa City
June 17, 1996
Page 2
Since no reduction in rates currently being collected is justified, and therefore no refunds
are to result, TCI and the City have time for further interaction on this issue. However. it is
the recommendation of RWA that the City proceed with preparation of an appropriate resolution
(order) to effect the f'mdings of our review and analysis. Also attached hereto is a draft for your
consideration.
Sincerely,
DCW/jms
Enclosures