HomeMy WebLinkAbout2005-03-22 CorrespondenceDate: March 8, 2005
To: City Clerk
From: Anissa Williams, JCCOG Traffic Engineering Planner
Re: Item for March 22, 2005 City Council meeting: Installation of NO PARKING ANY
TIME signs on both sides of Arlington Drive
As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council
of the following action.
Action:
Pursuant to Section 9-1-3A(10), installation of NO PARKING ANY TIME signs on both sides of
Arlington Drive between American Legion Road and Chandler Court.
Comment:
This action is being taken due to parked vehicles on the street making it too narrow for
emergency vehicles to get through.
jccogtp/mem/aw-arlington-actcomm.doc
Date: March 16, 2005
To: City Clerk
From: Anissa Williams, JCCOG Traffic Engineering Planner
Re: Item for March 22, 2005 City Council meeting: Installation of new parking meter in
the 100 block of South Linn Street where one cab stand will not be renewed.
Removal of cab stand sign.
As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council
of the following action.
Action:
Pursuant to Section 9-1-3A(19), installation of new parking meter, L105 S for 2 hour time limit @
$0.60/hr, in the 100 block of Linn Street on the west side where one cab stand will not be
renewed. Removal of cab stand sign. This action will take place on April 1,2005.
Comment:
This action is being taken in conjunction with a request for a cab stand in the 10 block of South
Dubuque Street. After evaluating this request, staff is of the opinion that because of the very
high demand for on-street parking in the Central Business District, cab stands should only be
allowed outside of the Central Business District. This action removes the one remaining cab
stand in the Central Business District. Taxi cabs may legally double park in the CBD consistent
with the provisions of the City Code. Old Capitol Cab Company paid a prorated fee to retain the
cab stand in the 100 block of S. Linn Street for the month of March.
mg r/Agen d altems/aw4in n cab doc
Marian Karr
From: Suterman7@aol.com
Sent: Friday, February 25, 2005 2:01 PM
To: council@iowa-city.org
Subject: Table-to-Table Benefit
Dear all:
It's that time of year when I let you know about the upcoming Table to Table Gourmet Meal benefit. As you know, Table to Table is
Iowa's only Food Rescue Organization and the focus of its efforts is to channel food from donor providers to agencies that serve the
hungry, the homeless and the at-risk populations in the greater Iowa City area. Table to Table is a local organization and is dependent
on local support.
Please join Anne and I at this very_ worthwhile event.
This year the dinner is on Sunday March 6 at the Sheraton downtown Iowa City. Social Hour at 5:30 and Dinner at 6:30. Tickets are
60.00/plate. This includes the five-course gourmet meal and wine.
This year, the dinner features cuisine from Spain. The menu is attached. Vegetarian entree available. Participating chefs/restaurants
include:
The Red Avocado
Givanni's
Ron Hall from Mercy Hospital
Devotay
Iowa River Power
Music by Dan Knight
There is no silent auction this year but rather, T2T is raffling an 18K white gold contemporary necklace from John Atencio generously
donated by Hands Jewelers. Raffle tickets are 10.00/ticket and 25.00 for three tickets.
Seating is limited to 200 so if you wish to join us, let me know and I will reserve tickets for you or you can contact Mercy-On-Call
directly at 358-2767 or 1-800-358-2767 to reserve your tickets. Please call by Feb 28.
Visa and MasterCard Accepted!!!!!
<<Menu.doc>>
Tom Suter
Table-to-Table- Board Chair
eSafe scanned this email for malicious content ***
IMPORTANT: Do not open attachments from unrecognized senders
2/25/2005
Tapas (appetizers)
Selection of spiced and seasoned potatoes and chickpeas (Red Avocado)
Chicken Coronets with tiquillo pepper and saffron sauces (IMU Food Service)
Soup course:
Sopa De garbanzos Y Chorizo (Devotay)
Chickpea and Chorizo sausage soup
Salad course:
Ensalada endivias con queso cabrales, (Chef Ron Hall, Mercy Hospital)
Belgian endive salad with soft blue cheese
Meat entree:
Madeira y pimentbn costillas cocidas con garbanzos del azafr~n y espinaca.
(Givannis)
Madeira and paprika braised short ribs with saffron chickpeas and spinach
Vegetarian entree:
Moorish style eggplant with almond and red bean paella and sauteed crimini
mushrooms (Red Avocado)
Dessert course:
Margarita Cheese Cake with Tequila Lime Sauce (Iowa River Power Co.)
Music by Dan Knight
Wines from New Pioneer Co-op
Marian Karr
From: brian-girard@uiowa.edu
Sent: Wednesday, March 02, 2005 9:50 PM
To: council@iowa-city.org
Subject: poor decisions
If the council is so determined to prevent the destruction of downtown
Iowa City maybe they should stop worrying about nineteen year olds
consuming a
few beers and focus on the corporate behemoth that is moving into our
community. By allowing this Big Box WalMart Supercenter into our town
you are
assuring that the downtown area loses business to this irresponsible
corporate
giant. Not only are they responsible for the outsourcing of American
jobs and
the enslavement of millions of Asians into inhumane working conditions;
they
destroy downtown communities and create aesthetic eyesores. Money is
sapped
out of the community and sent to Bentonville, Arkansas. So I say shame
on you
Iowa City council members, your unfettered greed to expand the tax base
has
allowed a cancer to move into our town. You can rest assured that all
five
members who voted for this mistake will be the focus of numerous student
and
civil groups to be dispatched from the council for their poor judgement
and
decision making. Get your priorities straight, bars and students will
not
destoy our downtown but the moving in of WalMart "SuperCenters" will.
Disgustedly
Brian Girard
Marian Karr
From: MKashia@aol.com
Sent: Friday, March 04, 2005 12:26 PM
To: council@iowa-city.org
Subject: Super Wal-mart
To the members of the Iowa City Council:
My thanks to Connie Champion and Regina Bailey for your far sightedness
in
your "nay" vote to selling the property for a new Super Wal-Mart store.
And to Dee Vanderhoef, Ross Wilburn, Bob Elliot, Mike O'Donnel and Ernie
Lehman:
It is difficult for me to believe that if you really did your homework
on
this issue you would fail to see the long term effects of this decision.
I see
it as your job to help shape the course of Iowa City's future. Do you
really
think Wal Mart will enhance our community? There are ramifications for
building store which offers lower prices than other stores in the area.
Not only
does WalMart represent exploitive capitalism at its worst at home and
abroad, but
it will drive more locally owned Iowa City business out. Concerned
about
downtown Iowa City? Concerned about jobs in our community which pay a
living
wage and provide fair benefits to employees? Concerned with the
aesthetic
appeal of our community? Think about it. More, Bigger and Cheaper are
not
Better. I wish you had looked at the data available about the real
effects of
WalMart on people and communities and made a more informed decision.
It may have been the easiest path to follow to "just say yes" to this
atrocity, but there are many people in our community who would rather
you had "just
said no."
Sincerely yours,
Miriam Kashia
8 Bangor Circle
Iowa City
mkashia@aol.com
319-321-8410
Page 1 of 1
Marian Karr
From: Garry and Betsy Klein [the3rdiowa@mchsi.com]
Sent: Wednesday, March 02, 2005 3:49 AM
To: council@iowa-city.org; Steve Atkins
Subject: Re:Wal-Mart Vote
<!--[if !supportLists]-->I want to appreciate the efforts of the council last night, despite the outcome. Also,
because of the time limitation, I was unable to provide two concrete ideas for the council to consider for the
future for projects that involve city land sales. One of which I will forward at the P&Z zoning code meeting on
Thursday night which i hope many people will attend.
1) <!--[endifJ-->Make it harder for a big box store to negotiate without prolonged community input. Many
cities zoning ordinances include public hearings for land purchases that include buildings above 75,000 sq. feet
and for the planning and zoning commission to recommend the purchase.
<!--[if !supportLists]-->2) <!--[endif]-->Require using guidelines that are used for TIFs to be used in deciding
if a city land deal cuts the mustard in the first place.
I would like to reiterate that this purchase is a failure of our community to do better. Respectfully, we have got
to wake up to the realization that "the big box" isn't the problem here. What this is about is a city that needs to
think outside "the big box". We need to encourage:
<!--[if !supportLists]-->e <!--[endif]-->Economic development that comes from our strengths, not our
weaknesses, like "intellectual industry" powered by the immense brain trust that call Iowa City home.
<!--[if !supportLists]-->e <!--[endif]-->Entrepreneurship that capitalizes on the fertile training ground the U
of I and Kirkwood provide.
<!--[if !supportLists]-->e <!--[endif]-->Using our money to seed artists and allied businesses to help build the
cultural district.
<!--[if !supportLists]-->e <!--[endif]-->Legacies that are not measured by set-backs of properties or
posthumous statues, but like our city parks, our schools, and our historic preservation districts development
that future generations will benefit and be a part of their identity and pride.
<!--[if !supportLists]-->e <!--[endif]-->President Skorton at the U of I has called this the "year of
engagement", how can the city, the neighborhoods, the Chamber of Commerce, the University, the students
work together to engage on the single most important issue that this city will ever face--taking care of
itself?.
<!--[if !supportEmptyParas]-->
I challenge the council to look at this project for what it is: a failure of our community's leaders to do better and
for the city to use its power to do what is in the public's long-term good.
Garry Klein
3/2/2005
Page 1 of 5
Marian Karr
From: Garry and Betsy Klein [the3rdiowa@mchsi.com]
Sent: Monday, March 07, 2005 10:09 PM
To: council@iowa-city.org
Subject: From Iowa State Professor Kenneth Stone
I felt like I should share this article from this month's ICCMA "Public Management" by Dr. Kenneth Stone
from Iowa State with the council. The last part should be of particular interest.
Garry Klein
How Do You Deal with the Entry of a New Wal-
Mart Supercenter into Your Town?
by Kenneth Stone
Should you or should you not support the location of a Wal-Mart store in or near your community? This is a
question that has been asked and answered by some 3,000 communities in the United States since Sam Walton
opened the first Wal-Mart in 1962. It is a question that has caused strong public reaction, debate,
demonstrations, boycotts, and lawsuits. I use Wal-Mart as the store in this article but any big-box store could be
named.
Issues of concern to local governments such as job creation or loss, land use policy, and environmental and
economic impact have raised many questions. Wal-Mart's customers and local government residents, however,
have answered these controversial questions by opening their pursestrings and making Wal-Mart the number-
one retailer in the world, with annual sales in 2005 predicted to be nearly $300 billion.
So why is there so much controversy about Wal-Mart? This question could be answered in several ways. First,
nearly everyone likes a winner. Wal-Mart's financial success has definitely shown the retailer to be a winner.
Sometimes, however, winners can be bullies. And some people view Wal-Mart's power as a bit, or a lot, too
much.
This article will outline some of the strategies that have made Wal-Mart a winner and comment on the almost
certain economic and social outcomes of the addition of a Wal-Mart to the economic mix in a community that
has not had such a store previously.
When Wal-Mart opens a store in a new location, both positive and negative changes occur in this community,
as well as in surrounding jurisdictions. Furthermore, the same changes that appear to be positive in some ways
for some groups or businesses may be negative for others.
What Is Wal-Mart's Winning Strategy?
Anyone who has missed the point of the bouncing yellow smiley face in Wal-Mart's TV advertising, promising
"Everyday low prices-Always," must be living on another planet. Wal-Mart has aimed to create an unfailing
image of low prices for consumers every day, and while this is not strictly true for all items on all days, it comes
3/8/2005
Page 2 of 5
close enough so that few customers dispute this carefully constructed image.
By continually emphasizing the concept of everyday low prices and never featuring "sales," Wal-Mart has
reduced its advertising costs. Most Wal-Mart stores send out 13 circulars per year, compared with 53 or more
for their competitors. Wal-Mart's main advertising medium is television. By advertising on one TV station, the
company can cover the trade areas of many of its stores.
Consequently, ad revenues for many local newspapers and radio stations are reduced, as Wal-Mart causes some
competing businesses to fail, with a subsequent loss of advertising for local media. Wal-Mart's expenditures on
advertising have been around 0.4 percent of sales in the past, compared with 2 to 4 percent of sales for most
local businesses.
How does the number-one retailer maintain an image of low prices? First, by actually making sure its prices are
lower than its competitors, at least on key items. These items are called "price-sensitive" items in the industry,
and it is commonly believed that the average consumer knows the "going price" of fewer than 100 items. These
tend to be commodities that are purchased frequently.
A mid-size Wal-Mart supercenter may offer for sale 100,000 separate items, or stock-keeping units (skus). Wal-
Mart and other major retailers believe that the general public knows the going price of only 1 to 2 percent of
these items. Therefore, each Wal-Mart store shops for the prices of only about 1,500 items in their competitors'
stores. If it is ever found that a competitor has a lower price on one of these items than Wal-Mart, the store
manager will immediately lower his or her price to be the lowest in the area.
Local officials face somewhat of a Hobson's choice in deciding whether to allow new big-box stores to locate in
their communities. On the one hand, most of us in the developed world profess to believe in the capitalist
economic system, which holds that few roadblocks should be thrown in the way of new businesses. On the
other hand, most of us value the current business and cultural heritage in our communities and do not desire to
see this culture harmed by outside forces like big-box stores.
Price-sensitive merchandise is displayed in prominent places such as the kiosk at the entrance to the store, as
well as on end caps, in dump bins, and in gondolas down the main aisles. Consequently, when Wal-Mart
customers see the items of which they know the price, the ones always priced lower in Wal-Mart, they start
assuming that everything else is also priced lower than at competing stores. This assumption is simply not true.
My barber has offered me a simple example. He sells a nonbreakable pocket comb for 25 cents that he procures
from his vendor for eight cents. Wal-Mart sells a lower-quality comb for 98 cents, and one would assume that
Wal-Mart pays less for it than the barber does. People keep buying Wal-Mart combs, however, because the
average person does not know the going price of a pocket comb, and it is automatically assumed that the Wal-
Mart price is the lowest.
Wal-Mart also negotiates the lowest possible prices from its vendors. Vendors often respond by having their
merchandise manufactured in countries where wages are lower, especially if the items are labor-intensive to
make. While Wal-Mart established its "Good Old Boy, Supporting the USA" reputation by advertising that
much of its merchandise was American-made, it has steadily squeezed vendors on price so hard that much of its
merchandise is now imported, or outsourced, from developing countries with low wage scales.
Wal-Mart's superior distribution system has also helped the company to sell at lower prices. Its cost of getting
merchandise from the producer to the retail floor is reputedly less than that of any of its competitors. This was
accomplished by the company's early adoption of a scanner checkout tied into a satellite communications
system.
As each item is scanned at the checkout counter, the relevant data are nearly instantaneously sent by satellite to
3/8/2005
Page 3 of 5
Wal-Mart's home office, to its distribution centers, and perhaps most important, to its vendors. Therefore,
everyone in the supply chain knows the status of inventory in every store at any given moment, which allows a
substantial portion of resupply to be accomplished with little or no human intervention.
What Are the Impacts of a Wal-Mart to a Community?
My studies of Wal-Mart supercenters in Iowa and Mississippi have shown that total local sales usually increase
after the opening of a supercenter. This is because a huge store like this one will keep a lot of residents shopping
at home, rather than outshopping to other localities, and it will also attract more residents from outlying areas.
This effect can be observed in most communities of up to 50,000 or so in population. In larger places, the
impact of one store is hard to measure; however, larger communities usually get more than one supercenter.
! have two intuitive rules of thumb I use in determining which merchants get hurt and which ones get helped.
Rule of thumb No. 1 is that merchants in a host town that are selling something different from the supercenter
often experience an increase in sales, as they benefit from the spillover of Wal-Mart's high-traffic draw.
Examples of these businesses are furniture stores, restaurants, various service businesses, upscale stores, and so
forth.
Rule of thumb No. 2 is not so pleasant for existing merchants. It is that anyone selling the same merchandise as
a supercenter is in jeopardy and will probably lose sales unless the store is repositioned to capitalize on its own
strengths and the supercenter's weaknesses. Local grocery stores are usually the hardest hit, with sales declines
of some independent stores reaching 25 percent or more per year.
An earlier study of Wal-Mart supercenters in Texas showed that drugstores in the host town suffered a
substantial loss of sales after the opening of a supercenter. An ongoing study in Iowa reveals that there also are
sales losses to several other types of stores in the host town, including those selling apparel, jewelry, sporting
goods, tire and lube services, eyewear, photo services, and any other, similar merchandise to Wal-Mart's.
In summary, a new supercenter makes the host place more of a regional trade center. In larger communities, it
sometimes forms a critical mass that attracts such other chain stores as home improvement and office supply
retailers and restaurants. Conversely, a new supercenter usually captures enough sales from competing firms
that at least some businesses in the host city or county and surrounding areas will fail.
My studies of Wal-Mart supercenters in Iowa and Mississippi have shown that total local sales usually increase
after the opening of a supercenter. This is because a huge store like this one will keep a lot of residents shopping
at home, rather than outshopping to other localities, and it will also attract more residents from outlying areas.
What Is the Basic Dilemma for Local Officials?
Local officials face somewhat of a Hobson's choice in deciding whether to allow new big-box stores to locate in
their communities. On the one hand, most of us in the developed world profess to believe in the capitalist
economic system, which holds that few roadblocks should be thrown in the way of new businesses.
On the other hand, most of us value the current business and cultural heritage in our communities and do not
desire to see this culture harmed by outside forces like big-box stores. The dilemma is further complicated by
the desire for more revenue for the jurisdiction, which tilts many local officials toward favoring the entry of
new big-box stores.
Should Local Officials Offer Financial Incentives?
3/8/2005
Page 4 of 5
Some local officials are so desperate for new tax revenues that they recruit big-box stores and offer substantial
financial incentives to attract them. Usually, the financial incentives take the form of tax abatements, tax-
increment financing, extension of infrastructure to the site and other preferments, but occasionally outright cash
payments are made.
In my opinion, these practices are not fair in most cases. More than one local business person has characterized
these procedures as "taking taxpayers' money to give to a big company (that really doesn't need it) that will use
it to help put local firms out of business." I believe that the only time when subsidies to big retailers are
legitimate is when they will entice a developer to build in a blighted area or another district desperately needing
new retail facilities.
The key question then is: Is there a net increase in tax revenues to the local government after the big-box store
opens? The answer varies according to location, the incentives offered, and the competition. Property taxes
collected from the new store are often partially offset by reduced collections of property taxes from competing
merchants that go out of business.
The initial surge in local sales taxes also may decline after some of the local competing firms go out of
business. My studies of regular Wal-Mart stores in Iowa showed that, on average, total town sales rose for the
first few years after a Wal-Mart store opened, but after 10 years total sales fell below the pre-Wal-Mart opening
level. This occurs primarily because of the saturation effect of Wal-Mart's placing its own stores ever closer
together and thus "robbing Peter to pay Paul."
Is Retailing a Zero-Sum Game?
Many economists believe that in the majority of the United States-with the exception of several rapidly growing
metropolitan areas-retailing is essentially a zero-sum game. In other words, the population is at best stable, and
when a big-box store comes into a community, its sales are captured from existing businesses.
For example, if a new Wal-Mart supercenter opens in a town with no population growth and generates sales of
$70 million per year, the $70 million doesn't come out of thin air; it comes out of the cash registers of
competing businesses in the host town and surrounding areas.
Some of the host-town businesses, like grocery stores, may suffer huge losses and be forced to close, but even
businesses suffering smaller losses can become nonviable as a result. Perhaps, the most tragic impact of a
supercenter is upon businesses in outlying, smaller towns. The owners of these stores have absolutely no say in
the decision to allow the supercenter to build but often are severely affected.
What to Do with Abandoned Stores?
When a supercenter is built in a jurisdiction that already has a regular Wal-Mart, the old Wal-Mart store is often
abandoned. Wal-Mart leases the great majority of its stores and typically still owes lease payments on them
when they are abandoned. In recent years, approximately 400 old Wal-Mart stores sat vacant at any one time.
These vacant stores present a big problem for the host community. Sometimes, although they occupy prime
property, there is little demand for such a large store there. A few old Wal-Marts have been converted into
antique malls or Hobby Lobbys or warehouses, and a few have even been converted into churches. The problem
is that most of these structures-the ones not converted-become eyesores, as they are minimally maintained after
abandonment.
There is no easy solution to the abandoned-store problem. One possible solution, however, is for the host
locality to negotiate an agreement with Wal-Mart that, after a reasonable time (three years, for example), the
3/8/2005
Page 5 of 5
building must be torn down and the property restored to a developable site, all at the expense of Wal-Mart or
the landlord.
So why is there so much controversy about Wal-Mart? This question could be answered in several ways. First,
nearly everyone likes a winner. Wal-Mart's financial success has definitely shown the retailer to be a winner.
Sometimes, however, winners can be bullies. And some people view Wal-Mart's power as a bit, or a lot, too
much.
What Can Local Officials Do to Arrive at the Best Decision?
One of the worst things that local officials can do is give the public the impression that they are operating in
secrecy and without community input. Wal-Mart usually "plays its cards close to the chest" when it is laying its
groundwork for building a new store in a community. As soon as local officials become aware of Wal-Mart's
intentions, the public should be advised.
I offer these tips to arrive at an equitable decision. Local officials should:
1. Educate themselves about the economic and social impacts of a new Wal-Mart store. Several studies are
available online at www.seta.iastate.edu/library.aspx?lmode=l<opic=6.
2. Hold hearings to collect public input.
3. Have independent experts analyze Wal-Mart's marketing plan.
4. Be assertive with Wal-Mart about meeting the locality's sign ordinances and harmonizing with building
styles.
5. Offer financial incentives only in cases of developing blighted areas.
6. Make sure that there are minimal environmental impacts.
7. Negotiate with Wal-Mart on the disposition of an old Wal-Mart store when it is replaced by a supercenter.
8. Provide educational programs to help existing merchants to compete after a building permit has been given to
Wal-Mart.
Kenneth Stone is a professor emeritus of economics at Iowa State University, Ames, Iowa
(kstone~iastate.edu).
3/8/2005
Page I of 1
Marian Karr
From: dennis kowalski [mayflyd@yahoo.com]
Sent: Wednesday, March 02, 2005 4:42 PM
To: council@iowa-city.org
Subject: progress
Super Wal Mart! Let er rip! Lets support those Chinese Commies. I remember not that long ago, when they
were evil. Perhaps if we gave the insurgents and A1 Quida a Wal Mart, they too would no longer be evil. I think
thats the general plan, as soon as our socialized military makes the world safe for the corporations. I believe
they call that "freedom". Free Market! Give me a break. Corporate subsidies, corporate tax breaks,corporate
PAC money and the buying of politicians. Consider yourselves bought.
My daughter was recently married in Melbourne, she has been there seven months. She has acquired a position
as a personal assistant for $20. an hour, 20 hours per ~veek. Five weeks paid vacation, in addition to a weeks
sick leave. She will be attending the Politechnic for $2000. per year. But, we are #1 ! I miss her enourmously,
but I am also overjoyed that she has escaped this consumer frenzied and work crazed country. It's called quality
of life. I saw it there, I don't see it here. Coffee shops all over the place, nary a Starbucks. Markets selling
everything, just like a Wal Mart, except that the market is composed of small vendors is exciting and is not
populated by zombies. Except for mitagating circumstances I would be there and not here. I realize that
Australia has a George W. type jerk running that country and they always support our war efforts, although the
people do not support this war, nor seemingly John Howard. A very similar situation. But I guess there, people
can still think for themselves.
My congratulations to Regenia Bailey and Connie Champion for having the brains and the sensitivity to
consider the long term, regarding both Iowa City and our country. True patriots and citizens and not the
brainwashed, hypocritical ass kissers that usually seem to aquire power.
Dennis Kowalski
Iowa City
Celebrate Yahoo!'s 10th Birthday!
Yahoo! Netrospective: 100 Moments of the Web
3/2/2005
Page 1 of 1
Marian Karr
From: ACPotts@aol.com
Sent: Wednesday, March 02, 2005 8:26 PM
To: cou ncil@iowa-city.org
Subject: zoning
Mayor Ernie, If you truly believe it is not the role of government, especially LOCAL government to decide which buisiness
go where you have absolutely no business governing at any level and should tender your resignation immediately. In case
you missed that day in government class, local governments decide on ZONING issues, this is deciding which
buisinesses go where, and is the reason there is not topless bars in Iowa City or bars or other adult buisinesses being
built next to elementary schools. Get a clue. Wal-Mart is bad for local buisiness. Wal-Mart pays it's employees shit, treats
them like shit, and encourages them to sign up for social welfare programs to make up for the shortfall in there own
compensation package. Wal-Mart encourages it's suppliers to offshore there jobs so that they can better thier own bottom
line at the expense of the american worker who then can't afford to shop anywhere but wal-mart. You already know this
so why are you bending over for them?
Sincerely,
Andrew Potts
3/3/2005
Marian Karr
From: Stewart Rutledge [stew. rutledge@gmail.com]
Sent: Tuesday, March 01, 2005 6:23 PM
To: council@iowa-city.org
Subject: Iowa City - Returning to the progressive town it once was
Awhile back, I was walking downtown, drinking a soda, and needed
to get rid of my empty can. As I went to throw it away, I noticed a
new shiny recycling bin, and promptly put my waste inside of it. I
thank you for showing what seems to be a level of progressiveness that
I haven't seen in years. However, it would be nice to see change like
that happening more often, and a lot more rapidly.
I realize that in order for change to occur, c~rtain resources
must be in place for that to happen, ie money. I also realize that as
a city of only barely over 60,000, we do not have~t~e wealth I'm sure
all of us wish we had. However, I think that if such system as
recycling receptacles were put in place, they would most definitely
pay for themselves, and even have money spilling over into other
issues that continue to plague our city, such as the increasing
homeless population. I honestly think that one thing that would
potentially help the fiscal situation of this city is the
dicriminalization of marijuana.
Now, I'm not saying this as a student, or as a young adult, but as
a concerned citizen. I personally do not feel that mind altering -
substances are a way I would choose to live my life, however I respect
the decisions of the many adults that are in this city. The laws of
the city should represent the citizens of said city, and I'm sure if
there were to be a city wide vote, it would undoubtedly be passed. If
this were to happen, not only would would there be fiscal benefits,
but it would ease the increasing burden of the police force in this
town. They have enough to deal with patrolling the streets, getting
the many inebriated drivers off of the road. Rather than a lengthy
judicial process, a simple ticket would be nothing but profit for the
city. As with most every tickets, even court costs would be covered
by the the offender, leaving the only money paid by the city going
toward the clerk who handles payment of tickets, someone who is
employed and paid anyway.
With the bar age set at 19, we are assuming that the majority of
the members of this community are old enough to make responsible
decisions regarding substances. To claim that a 21 year old is
responsible enough to consume toxins, which are very easy to overdose
on, and not responsible enough to put another substance, that is
equally, if not less dangerous than alcohol into their body. I'm not
proposing legalization, obviously it is still illegal, and the city
does not have the power to change that. On top of that, I cringe at
the though of someone smoking in the same vicinity as children, in a
park, or even walking along the side of the street. However, if what
you seem to consider a responsible adult, chooses to partake in a
nonlethal substance in their own home, out of the public, then what
harm are they doing? It is only a strain on resources for police to
come knocking on their door, when they could be on the street
preventing others from driving drunk, which is a very large problem in
this city. It seems to me that expecting police to be on a manhunt is
disrespectful towards them, and disrespectful towards the citizens of
your city. A community is the strongest tool we have in this country,
and I think that it should be implemented to it's greatest effect.
I hope dearly that you will not read my letter and scoff at my
concerns, as they are legitimate and well founded. Please listen to
what I have to say with an open ear, and consider the possibilities.
I would like to see Iowa City be as progressive as it has proved to be
in the past, and is showing the potential towards becoming again.
Thank you very much, and keep up the good work.
Sincerely, 1
Stewart Rutledge
March 2, 2005
Dear Mayor and Councilors for the City of Iowa City,
I hereby submit to the City of Iowa City our General Aviation AIRPORT SECURITY
PLAN for the Iowa City Airport. The Iowa DOT, the FAA, Iowa DOT, and TSA
requested this plan. They have now seen the document. I have also met with other Airport
Commissioners on the matter. They have voted and approved the Airport Security Plan at
our last meeting on February 16th, 2005. The Active plan now allows for us to request
additional grant money from the State and Federal Government. Just as important, it will
lend itself to a safer environment for airport users and the citizens of Iowa City. It is not
the desire of anyone to restrict the use of the airport, but simply to make the use of it,
safer. Unfortunately after 9/11 it is more important to add safeguards for every ones
benefit. I hope you will read this document. If any member of the council wishes to talk
to me about it, I will certainly do that.
The use of this plan does not stop with the production of it. It is to become a useful
document. As agencies, such as the fire dept, and police are made aware of it, it will help
us conduct safety meetings at the airport. It will also be used to initiate training seminars
for crisis situations, so that all participants can be prepared.
Respectfully yours,
Carl Williams
Airport Commissioner
Enc.
Copy to:
City Manager-w/enc.
Police
Fire Chief-w/enc.
City Clerk-w/enc.
General Aviation
AIRPORT SECURITY PLAN
February 2005
General Aviation Security Plan January 2005
TABLE OF CONTENTS
PART SECTION PAGE
I. Introduction
A. Purpose ................................................................................. 1
B. Airport Security Point of Contact .................................................I
II. Communication Plans
A. Contact Information ................................ 1
B. Pilots/Tenants/Airport Personnel ......... 1
III. Airport Facilities
A. General Information ................................................................. 2
B. Access control .......................................................................... 2
C. Hangars .................................................................................. 2
D. Lighting ................................................................................ 2
E. Signage ................................................................................... 2
F. Fueling ................................................................................... 2
IV. Law Enforcement Support/Surveillance Procedures
A. AOPA Watch Program.. ................................................ . .. ... ... ... . 3
B. Routine Patrols ....................................................................... . 3
C. Homeland Security Alert System ..................................................3
D. Training .................................................................................. 4
E. Contact Information ................................................................... 4
V. Incident Management
A. Suspicious Activity ............................. 4
B. Bomb Threats or Other Threat ....................................................... 5
Appendix: 1. - Emergency Contacts
2. - Airport Tenant Contact List
3. - Airport Locator Diagram
4. - Security Incident Report Form
General Aviation Security Plan . January 2005
PART I - INTRODUCTION
A. Purpose
The Iowa City A~'port Commission and the City have developed this security plan to
enhance the security of general aviation operations at the Iowa City Airport. Although
the airport is not currently regulated by the Transportation Security Administration
(TSA), guidelines issued by the ASAC working group on general aviation security were
reviewed during plan development. The intent of this security plan is to help the airport
commission, tenants, and local law enforcement enhance security of the airport grounds,
facilities, buildings and procedures. The security plan will also identify procedures to use
in an emergency and to report suspicious behavior.
E. Airport Security Committee
A security committee consistinE of the acting airport manager, fixed base operator,
Airport Commissioner Carl Williams, chief of police, fire chief and city manager was
established to review security at the airport and establish procedures.
E. Point of COntact
The Airport Security Primary Point of Contact is the acting Airport Manager, Ron Du~e.
The acting airport manager, Pon Duffe can be reached at 319-248-1200 during working
hours, and 563-299-1941 after hours. The secondary point of contact is KlayJohnson, 563-
886-3311 and cell 563-940-6904. If neither are available, next contact would be Airport
Commission Chair Randy Hartwig at 319-337-2101.
The Airport Security Point of Contact is available as the emergency contact for
information from the Iowa DOT, Iowa Homeland Security, or the TSA on a 24-hour
basis. If unavailable for any reason, the City Police Department should be contacted.
PART H - COMMUNICATION
A. Contact Information
All emergency airport contact information is listed in Appendix 1. Als0included is a
listing of all tenant contact information in Appendix 2. Emergency contact information is
posted in FBO hangars, the pilot lounge and on the office bulletin boarck
General Aviation Security Plan January 2005
B. Pilots/Tenants/Airport personnel
The GA Security brochure and emergency contacts have been distributed to local pilots,
tenants and airport personnel. Information is posted in strategic locations including Airport
Offices, and Bulletin Boards. As needed, but at least annual communication or meetings
with tenants and pilots will be provided to address security concerns. The airport security
contact person will disseminate the infor,,~tion as needed. Emergency and Threat
infm-,ation will be disseminated by acting Airport Manager, and other assigned personnel
and not to exclude to Police Department, Iowa DOT, Fire Department, Airport
Commission and TSA.
Part IH - Physical Airport Review
A. General Information
The Airport is a general aviation airport with a runway length of 4355 feet, 72 based single-
engine aircraft and 0 nltralights, and is classified as a Category Group 3 airport.
Approximately 19,287 operations (take offs and landings) take place at the Airport in one
year. Activities include: Flight instructior~ aircraft rental, charter service, and aircraft
repair are available through the fnced base operator. Agricultural sprayers also use the
airport daring the summer. Very little cargo is transported in or out of this airport. Airport
is also used for emergency aircare for the University of Iowa. Airport hours are ('/am -
9pm) Summer & ('/am -7pm) Winter, basically sun up to sun down/
B. Access Control
The airport has steel perimeter fencing along the entrance and adjacent mad. The airport
perimeter is fenced. Additional observation fencing is under plan. Review of all fencing
is now being done.
Vehicle access to the ah'side area is restricted through fencing. Only authorized
automobile traffic is allowed on aircraR operating areas. Emergency personnel have been
provided a key to all locked gates at the airport.
Access to the hangar area is controlled through signage and a gate. An electronic gate is
installed
Pedestrian traffic is controlled through terminal :
2
General Aviation Security Plan January 2005
C. Hangars
The airport has 8 conventional hangars and 59 tee-hangars with a capacity of 75 aircraft.
Each hangar is equipped with padlocks on pedestrian doom and a locking system for the
main hangar door. A list oftenants is attached in Appendix 2. It is a policy ofthis airport
to keep hangar doom shut and locked when tenants are not present and aircrat~ are in the
hangar.
D. Lighting
The hangar and apron areas are well lit with photo sensor lighting.
E. Signage
Restrictive signs are posted at vehicular and pedestrian access points. AOPA Watch
signs are also posted at strategic locations. "No Trespassing" signs are posted along the
perimeter fencing.
F. Fueling
One above ground tank holds 10,000 gallons ofavgas, and another above ground tank
holds 10,000 gallons of Jet A fuel. Both pumps are locked when the airport is
unattended Self-fueling is done at this airport.
G. Layout map
A layout map is attached in Appendix 3 showing the fencing and access points, access to
hangars and buildings, and emergency shut off switches.
PART IV- SURVEILLANCE AND LAW ENFORCEMENT SUPPORT
A. Airport Watch Program
The Airport uses the AOPA Airport Watch Program. Signs are posted at vehicular and
pedestrian access points. Training has been provided to airport tenants and pilots on
reeo~tmlzing suspicious behavior. Posters reminding pilots are posted in the pilot lonnge
and the hangars. Local police are aware of the Airport Watch Program and assist in
training programs. We are in the process of letting the agencies know what the programs
are. We will be scheduling training, with the necessary agencies.
General Aviation Security Plan January 2005
B. Routine Patrols
The Iowa City Police Department provides routine patrols at least once during each shift.
When the security alert level increases, additional patrols of the airport are done.
E. Homeland Security Alert System (HSAS)
The processes under each level can be changed to meet the local airport needs.
The five HSAS Alert Conditions correspond to various levels of threat to security. The
TSA will det~l ilSi~ whether to increase or decrease the HSAS Alert Condition for civil
aviation secta-ity. The Sample Airport has identified additional procedures when the threat
level increases.
Upon notification by Homeland Sec~ity, TSA, or. the Iowa DOT that an HSAS Alert
Condition has been h:,plemented, upgraded or downgraded, the Sample Airport will follow
the plan contained within the corresponding Alert Level
Condition Green: This condition is declared when there is a low risk of terrorist
attacks.
· Verify and maintain effective communieations to ensure reliable communications
between the airPort and first responders.
Report suspicious activity to local law enforcement and the TSA GA Secure
program~
· Law enforcement maintains murine patrols at the airport
· AOPA Watch Program is encouraged.
· Fuel farmq are secured.
· Awareness of TFRs and flight reshqctions.
Condition Blue: Thin condition is declared when there is a general risk of terrorist
attacks.
Same as Condition Green plus:
· Practice increased vigilance.
~ Condition Yellow: This condition is declared when there is a s~gmficant~qsk of
Same as Condition C, reen and Blue plus:
· Law enforcement increases patrols at the airport.
· Continue to implement AOPA Watch Program and renew training. : ' :.:~ '~-~ ....
· Be aware of increased TFRs and flight restrictions
· Verify contacts and commtmications for all airport responders including
civilian/military bomb squads/EOD units, explosive detection canine teams, ~-
medical, fire, etc.
4
General Aviation Security Plan January 2005
Condition Orange: This condition is declared when there is a high risk of terrorist
attacks.
Same as Condition Green, Blue, and Yellow plus:
· Law enforcement adds additional patrols at the airport.
· Increased vigilance through the AOPA Watch Program is encouraged and
promoted.
*. Post additional advisories
Condition Red: This condition reflects a severe risk of terrorist attacks.
Same as Condition Green, Blue, Yellow and Orange plus:
· Restrict access as necessary.
· Airport Security Point of Contact disseminates info~a~ation as necessary.
· Law enforcement adds additional patrols at the airport.
· E~ vigilance through the AOPA Watch
Report suspicious activity to local law enforcement and the TSA GA Secure
program.
D. Training
The Iowa City Police Department and the County SherilTs Office will be trained on the
airport facility for pilot identification, and security procedures at the airport. At least
once a year, officers will be updated on any changes at the airport.
E. Contact Information
Law enforcement agencies have been provided con~act information of all tenants and.:
emergency contact infoaaation for the airport.
PART IV- Incident Management/Emergency Response
A. Suspicious Activity _ ~
Any person on the airport that observes suspicious behavior needing immedia~ attent~y~n
in or around airerai~ should contact local law enforcement immediately by calling 911.
Either the County Sheriff's Department or the City Police will responcL
If the activity is not an emergency situation, but needs reviewed, the activity shOuld be
reported to 1-866-GA-SECURE and the local airport security contact. The local airport
security contact will complete a Security Incident form, included in Appendix 4, and fax,
mail or e-mail to the Iowa DOT O~cc of ^viation.
General Aviation Security Plan Jammry 2005
B. Bomb Threats, or other Threat of Sabotage
Upon direct or referred receipt of; bomb threats, threats of sabotage, aircraft piracy, and
other unlawful interference to civil aviation operations, the airport will immediately
evaluate the threat in accordance With this security plan and report to the appropriate
authorities on the contact list. Contact 911 immediately. Once 911 has been called, both
DOT and TSA should be called as well. Then notification should also include and
incident report.
General Aviation Security Plan Appendix 1 January 2005
Airport Emergency Contact Information
Name Phone Number S~nd NUmber
Airport Security Ron Duffe 319-248-1200 563-299-1941
Point of Contact
Airport Manager Ron Duffe 319-248-1200 563-299-1941
Airport Commission Randy Hartwig 319-337-2101 ?
Chair
Police Department 911 319-356-5275
County Sheriff 911 319-356-6020
Fire Department 911 319-356-5260
County Emergency Tom Hansen -or- 319-356-6028
Manager Sue Faith
Iowa Department of 515-281-3231
Homeland Security (available 24/7)
Iowa DOT Office of
Aviation Michelle McEnany 515-239-1659
AOPA Watch 1-866-GA-SECURE
Transportation Security Administration (see map for relevant TSA hub)
Federal Security
Director - Pat 309-797-2423 309-230-0754
Eastern Iowa Broderick
(Moline TSA Hub) Deputy Federal
Security Director and 563-557-0932 319-270-2530
GA Project Manager -
Bob Boleyn
Federal Security
Director - Jay 515-953-2570 202-306-0927
Central Iowa (Des Brainard
Moines TSA Hub) Deputy Federal
Security Director- 515-953-1498 515-201-8248
Yolanda Romero
Federal Security
Director- Michael 402-345-3009
Western Iowa
Kudlaez
(Omaha TSA Hub) Stakeholder Manager
- Kevin Wigton 402-345-2738 402-290-6857 .~
Appendix 1 ~-
2/28/2005 Airport Hanger
Tenant List
Hanger Tenant Rate/Month Ins/Date Ins. Co, E-mail i~. ~'~ Contact Number
lA Charles Rainey $ 121.00 ~i !-, ii ,'35j1~:,8078
2A Brian Sponcil $ 121.00 338-3948
3A Wildcat Land, M. Jones $ 121.00 w dcatp ot~,hotm~ili, com ~ :,,. 665-9578H 292-8252W
4A Tom Schnell $ 121.00 '~ ,' .... ,,-, .6,~1.4445
! ' ~'' ' ' "~ 3'3~7-3504H 337-8665W
5A Jay and Mary Honeck $ 121.00
6A Robert Hall $ 121.00 bobS, avalon.net 354-5264
7A John Bullers $ 121.00 onathan-bullers~,uiowa.edu 643-2217H 684-0540
8A Mohammad Vasef $ 121.00 356-3981 351-5829
9A Robert Powers $ 121.00 12/12/2004 AIG 942-6285H 369-6233
10A $ 121.00
11B Dave Bul~erelli $ 132.00 354-3434 351-3667
12B Maxwell/Rezabek $ 132.00 10/19/2005 Falcon 393-8560
13B Dan Eberl $ 132.00 ' 997-3597H 335-1323W
14B Ben Chalkley $ 132.00 i341-6690
15B $ 132.00
16B Forrest Holly $ 132.00 2/15/2005 USAIG forrest-holly~,uiowa.edu 337-2148
17B Dan Yea~ler $ 132.00 354-2708 330-2500
18B $ 132.00
19B Denny McCaw $ 132.00 430-4017 338-7828W
20B Roy Zubrod $ 132.00 1015/2005 Falcon zubbv4~.man.com S83-2806 354-0769~21
21C Cliff Hora $ 132.00 !321-1809 351-0618
22C Jack Tratchel $ 132.00 358-7790
23C Jim Brumley $ 132.00 9/15/2005 AOPA 337-3821 621-4688
24C Ron Wiechert $ 132.00 7~25~2005 USAIG 356-0249 530-3744
25C Grey Zimmerman $ 132.00 338-6921 351-7387
26C Dan Yea~ler $ 132.00 354-2708 337-9724
27C Dan Hall $ 132.00 Dan. Hall~,kirkwood.edu 337-6638 395-5484
28C Gre~l Zimmerman $ 132.00 338-6921 351-7387
29C Grey Farris $ 132.00 clreq~,eFarris.com 621-0664
30C Rick Mascari $ 132.00 6/1/2005 AOPA Arena610~,aol.com 338-2993 354-1000
31G Harry Hinckley 621-0099
32G Keith Roof 331-1576
33G John Ruyle 338-2231 800-278-6302
34G Don Gurnett 338-4738 335-1697
35H Dennis Gordon DGordonlOW~,aol.com 351-8659
2/28/2005 Airport Hanger
Tenant List
Hanger Tenant Rate/Month Ins/Date Ins. Co. E-mail Contact Number
361 John Butler $ 143.00 John-butler~uiowa.edu 354-4454 335-7776
371 John Butler $ 143.00 John-butler~,uiowa.edu 354-4454 335-7776
381 Jim Tucker $ 143.00 101112005 AOPA 337-9540 351-3058
391 Rand)/Hartwig $ 143.00 4/1/2005 AIG rdhadwi.q~hartwiqmotors.com 331-7995 337-2101
401 PatAIlender $ 143.00 9/20/2005 AIG rv4pata~,aol.com 339-0970 321-7793
411 David Tearse $ 143.00 841-9204 398-1500
421 Operator Performance Lab $ 143.00 631-4445
431 John Ru)/le $ 143.00 338-2231 800-278-6302
441 Gre~l Zimmerman $ 143.00 338-8625
451 Jerry Full $ 176.00 351-5156 331-0141
46J Big Sk)/Inc., R. Schmeiser $ 176.00 337-7059
47J Red Sk)/Inc., D. Gordon $ 143.00 DGordonlOW~,aol.com 351-8659
48J Ru)/le Stearman $ 143.00 338-2231 800-278-6302
49J Doug Shanklin $ 143.00 702-332-7535
50J Zimmerman $ 143.00 338-6921 351-7387
41J Dean Thornberr)/ $ 143.00 337-5316
52J Richard Miller $ 143.00 10/1/2005 GIobalAero. 351-3023
43J Squadrons Up - Bishop $ 143.00 4/20/2005 Avemco warren-bishop~'~,uiowa.edu 354-5757 3562950
54J Howard Field $ 143.00 337-6143
55J City Carton Co. $ 176.00 JohnOckenfelsC~,citycarton.com 321-4601 351-2848
56K Terry Edmonds $ 275.00 624-2822 384-0721
57K Dave Lacina $ 170.50 545-2043
58K Dan Bushaw $ 170.50 338-4796 400-0252
59K Dan Bushaw $ 148.50 338-4796 400-0252
60K Jim McCrabb $ 148.50 627-4515 627-2700
61K Dick Patschull $ 198.00 338-8405 321-9715
62K RezabeldMillard $ 148.50 393-2284
63K Justin Fishbau~h $ 148.50 iustin-fishbaugh(~,uiowa.edu · 354-7165 335-8103
64K Mark Anderson $ 165.00 N2YG~'~msn.com 337-9544 354-3040
65K Bryan Flood $ 70.00 466-1636 530-8888
Appendix 4 - Security Incident Report
,, Airport Security Incident Report
~ Airport Security Contacts should complete ~nd submit this
O.~ce of~ql~fi~ form to lh¢ Iowa De!at of Transportation, Office of Aviation
Iowa I~pa rt ment ~ a security incident has bccn reported to local law
rOf Trarl$0ortatiorl ~o~mcnt o~- 1-8004~'A-SECURE.
Airport Name:
Associated City Name:
Security Contact Person:
TelephOne Number:
E-mail:
Date of Incident:
Re~rted to
Description of Incidem:
Description of follOW"Up by laW enfor~ment: : ..... :':: -*
Office of Aviation, Iowa DOT, 800 Lincoln Way, Ames, Iowa 50010
Phone: 515-239-1048Fax: 515-233-7983 ?-~
e-mail: kay.thede~dot, state.ia.us
www.iawings.com ·
Appendix - 4
CITY OF IOWA CITY
410 East Washin~gton Street
Iowa Cit.,v, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
March 7, 2005
Paul VanDorpe
1819 High Street
Iowa City, IA 52245
Re: Parking Ticket #221889
Dear Mr. Van Dorpe:
The letter you received from the Library Director was the City's response to your February 15
letter to the City Council.
Library staff has been given authority to enforce parking regulations in the areas adjacent to the
library. Thus your letter was referred to the Library Director for a response. The City Council has
received a copy of your original letter as well as a copy of Ms. Craig's response.
I am sorry for any misunderstanding that may have resulted.
Sincerely,
Dale E. Helling ( ~'
Assistant City Manager // C~ .... '
cc: ,-"/City Council City Manager
Susan Craig, Library Director
Mgr/asst/itrs/va ndor pe.doc ,,,~,
City of Iowa City City Council
City of Iowa City City Manager
c/o Iowa City City Hall
410 E. Washington Street
Iowa City, IA 52240
Dear sirs:
Your failure to respond in any manner to my February 14th letter is very unprofessional
and discourteous. At least our great library sent me a letter, which is more than I can say
for our City Council and City Manager. The lack of a response is no way to run a
business much less our government.
My presumption, therefore, is that there are no extenuating circumstances - ever - and that
you have no compassion in this situation!
Enclosed is the payment for the ticket.
Ellen and Peter Densen
436 Lexington Avenue
Iowa City, Iowa
52246 ~_~.
March 15, 2005 .... ~:~ 'J ' "
City Council
City of Iowa City
Re: Lexington Avenue Traffic Calming Barrier
Dear City Council Members:
We have lived on Lexington Avenue for nearly 22 years. When we moved in our boys
were 8 and 10 years old and were quickly assimilated into the neighborhood "gang' of
about 7 other similarly aged children on our block between Park Road and River Street.
We live 5 blocks from Lincoln Elementary School - easy walking distance for all the
children despite the absence of sidewalks on our block. For all intents and purposes our
location was, and is, truly wonderful save one unanticipated local geographic feature,
"The Lexington Dips."
Shortly after we moved to Iowa City, an article appeared in the national magazine,
Seventeen, which described things to do at various Colleges and Universities around the
country. Listed among the top recreational '40 dos" in Iowa City was "rtmning the dips."
We quickly learned what this involved and were constantly on guard when our children
were outside or walking to school. During the past 22 years, we have been aware of four
serious car accidents in the dips. Neighbors recount evenings when guests' cars were
smashed into as speeders "emerged" from the dips, going too fast to avoid parked
vehicles. They also relate times of helping people who had been tossed onto their front
lawn while joyriding on motorcycles. There have been numerous instances when a car
speeding north on Lexington became airborne (the object of the exercise) as it entered the
deep dip, bottomed out, kept going and was unable to stop before crossing Park Road,
ending up through the hedge and onto the downhill-sloped lawn directly in front of the
Wyrick's house on Park Road. It is truly incredible that there has been, to our
knowledge, only one collision at the Park Road and Lexington Avenue intersection as a
result of these antics.
We have long been advocates for traffic calming devices on Lexington Avenue. As
recommended by the council, we called the Police Department when "dippers" were
repeatedly speeding through the neighborhood (typically around 2:00 AM.) The usual
result of these calls was to be put on hold. We attended neighborhood and town meetings
and completed numerous surveys, all to no avail.
Our boys are now adults. As they have matured, so too has the neighborhood
experienced a change; - 25 children now live in the Lexington environs. They enjoy all
the neighborhood recreation our boys did 22 years ago, with one exception, their risk is
less. For the past two years the presence of a gated barrier on Lexington Avenue at its
junction with McLean has completely eliminated "nmning the dips' between April and
the end of October. The impact of this low cost intervention has been phenomenal: not
just in traffic control but also in the safety and peace of mind it has allowed residents.
We conjecture that because of the reduction in potential legal risk the City breathes easier
as well. Surely this very positive return on investment should override any minor
inconvenience created for neighborhood residents by the brief time it takes to drive one
block to bypass the barrier.
We applaud the efforts of the City to fmd a workable solution to traffic calming on
Lexington and, having found one, we strongly encourage you to stay the course.
Respectfully yours,
Ellie Densen CD
Peter Densen ::~. ~
RI:ChARt) AND LZNDA KERBER
425 LEXZNGTON AVENUE
ZOWA CZTY, 'fA 52246
March 1, 2005
City Council
City of Iowa City
Re: Lexington Avenue Traffic Calming Barrier
Dear City Council Members:
We are writing to most urgently request that the traffic calming barrier on Lexington
Avenue remain in place between March and November.
I am a cardiologist at the University of Iowa Hospital. I am frequently on call at the
hospital and must drive to the hospital to attend emergently ill medical patients and
perform emergency procedures during the night. Our location on the "big dip" on
Lexington Avenue is such that as I back out of my driveway I cannot see cars that are
approaching the top of the dip. This is particularly a problem at night. If cars observe the
"stop hidden drive way" sign at the top of the dip they can easily see me backing out of
the driveway and no accident will occur. Unfortunately most of the drivers who "dip the
dips" are aware there is no cross street and ignore the stop sign. As you know the traffic
survey done when the barrier was considered showed cars running the dips at speeds over
50 miles per hour. At such speeds cars coming over the dip which ignore the stop sign
are unable to stop before they would strike a car such as mine backing out of the hidden
driveway. Indeed, I have had numerous near-misses during the period we have lived at
our present location. At least one speeding car, driven by University of Iowa students,
lost control while evading a parked car at the bottom of the dip and crashed through our
fence and landed in the ravine at the bottom of the hill. Miraculously none of the
passengers in the car (3 UI students) were ejected and no one was killed.
In fact, there is no telling how many serious accidents and possibly deaths have been
avoided by installation of the barrier which has strongly discouraged the practice of
"dipping the dips". This practice is most common during warm weather and particularly
a problem when the downtown bars close at 2:00 am and intoxicated drivers take to the
streets. The barrier up in the wanner months has markedly improved the situation. It is
less of a problem in the winter, when the barrier is seasonally removed.
You indicated that three residents of Lexington Avenue had requested a resurvey of the
neighborhood to see if the barrier is still desired. Two of those residents live in homes
near the intersection of Lexington Avenue with Park Road, a relatively flat and high
March 1, 2005 Page 2
Re: Lexington Avenue Traffic Calming Barrier
stretch of Lexington Avenue. When those residents back out of their driveways they have
a good view of the avenue and can easily see cars that are approaching, thus avoiding an
accident. The third resident lives between the two dips and similarly has a good view of
the avenue and thereby can easily avoid a collision. I am sure that when you receive all
the responses to the survey you will not find any individuals in favor of removing the
barrier who live on the steep and dangerous portions of the avenue, who are at high risk
of incurring a serious accident due to the excessive speeders.
We invite the members of the City Council to view the problem themselves. Approach
from Park Road, drive to the Stop sign just before the "big dip", stop and you will easily
see that any prudent driver who similarly stops at the Stop sign has a good view of the
hidden driveways and will see a car backing out and will not cause an accident. Now
imagine what would happen if you approach this stop sign at high speed, ignore the stop
sign and how little time you have to react if you suddenly find yourself descending at a
car - likely the Kerbers or their neighbors - backing out of their driveway.
We plead with you to retain the barrier and sustain the safety of Lexington Avenue.
Sincerely,
Richard E. Kerber, M.D. Linda K. Kerber
425 Lexington Avenue 425 Lexington Avenue
Ian Law and Laura Frey Law
406 Lexington Avenue
Iowa City, IA 52246
March 4, 2005
City Council
City of Iowa City
Re: Lexington Avenue Traffic Calming Barrier
Dear City Council Members:
We write you to express our concerns about the traffic on Lexington and encourage to keep the three-
season barrier in place. We own the home very near the gate, our driveway is between the south stop sign
and the barrier.
As a pediatric cardiologist at the Children's Hospital of Iowa, University of Iowa Hospital, I cover call for
greater than 6 months of the year, requiring me to drive in at all hours of the night for urgent and emergent
pediatric cardiology issues. The first year I lived on Lexington (spring 2001) I was called in to assist in he
care of a very sick child in the Intensive Care Unit. As I was backing down my driveway (approximately
3:00 am) I happened to catch the glimpse of a car speeding through the "dips" with it's headlights off, I
suppose for the extra thrill. You can imagine my level of concern when I realized that ifI had backed onto
Lexington only moments earlier a major collision would have occurred. While this is the closest call I have
had on Lexington, I have been witness to countless cars speeding through the stop signs and dips at all
hours of the day and night. On an autumn afternoon (2001) while raking leaves my wife and I watched as
three cars with teenagers repeatedly sped through the stop signs and dips. On their fourth attempt I was
able to catch the attention of the first car and explain to him, in a very calm manner, that there were
numerous small children (my eldest daughter was 3 at the time) that lived in the neighborhood and we
would appreciate them showing some restraint when driving through the area.
During the winter months when the gate is removed the traffic is less but reckless driving persists. Over
the past several weeks my wife and I have noticed a dramatic rise in the number of speeders as the weather
warms, and we have become increasingly more concerned as several families with small children have
moved into the neighborhood.
Needless to say, during the 9 months the gate is in place we feel much more at ease doing the common
things many of you take for granted, such as walking down the street with our family, mowing the lawn
next to the road, and backing out of the driveway. We ask that you give serious consideration to keeping
the barrier in place, the safety of our neighborhood depends on it.
Sincerely,
Laura A. Frey Law
Tom and Karin Southard
420 Lexington Avenue
Iowa City IA $2246
March 5, 2005
City C il
ounc
City of Iowa City
Re: Lexington Avenue Traffic Calming Barrier
Dear City Council Members:
"Watch out," I yelled to my wife as a car came roaring down the Lexington Avenue dips,
flew past us, and crashed. Quickly, we ran over to the car and found that the occupants,
like us, were uninjured but badly shaken. That day was 15 years ago, the day my wife
and I moved into our house and were awakened to the danger of living on Lexington
Avenue.
For decades, the rush of "running the Lexington dips" has been widely known and
acknowledged in and around Iowa City. Co-workers at the University, long-time Iowa
City residents, and even casual acquaintances from Cedar Rapids reminisce about the
excitement of running the dips. At the same time, the accidents and serious injuries
resulting from this activity are also well known.
An important aspect of this problem is that there are areas of the street and driveways that
are totally "blind" until a speeding driver goes flying over the crest of the hill. Speeders
have been clocked by the city up to 70 miles per hour. Thus, every pretty Sunday
afiemoon invites disaster for kids on bikes and skates.
Having moved into our house, we soon learned that there were two groups of residents on
the street. The first group consisted of those who lived more or less in the middle of the
street (close to the dips) and were severely affected by the speeders. Included in this
group were also some younger couples with children. You see, the speeding along
Lexington Avenue made it dangerous for couples or children to be near the street. This
group wanted the city to take action to stop the reckless driving.
The second group consisted of those residents who lived more or less towards the ends of
the street (the flatter portions of the street) who were less affected by the speeding.
Included in this group were also some elderly couples, without children, whose primary
interest was maintaining the esthetics of the street and minimizing their inconvenience.
This group wanted nothing done. Because a consensus could not be reached with all
residents, the City did nothing.
Over the years, as younger couples with children moved in, the City agreed to place a
seasonal barrier. Instantly, the problem of speeders was solved. During the months when
the barrier was in place there was peace and safety. No longer were calls being made to
the City police complaining of racers on the street. Children were safe to play ball in
their yards without the danger of being hit by a speeding car.
The Lexington Avenue dips are a natural attractant for reckless driving. Please keep the
seasonal barrier on Lexington Avenue. Our lives depend on it.
Sincerely,
Thomas E. Southard Karin A. Southard
Shelter House
Community Shelter & Transition Services March 4, 2005
Mayor Emie Lehman
Iowa City, IA 52240
Dear Mayor Lehman and Members of the Iowa City City Council:
Thank you for your kind and generous allocation of matching funds to the STAR
Program (Supported Training and Access to Resources) in the amount of $4,061.25. It is
deeply appreciated by all of us at Shelter House--the clients, staff, and the Board of
Directors. Please know that your gift directly supports and makes possible our mission to
provide shelter, basic and transitional resources, while encouraging self-sufficiency, to
any person in our community who is homeless.
The STAR Program assists persons who are chronically unemployed and homeless in the
greater Iowa City area, to achieve their highest level of self-sufficiency through
employment. The case management team identifies barriers to employment and through
the resources of the program works with the participant to decrease these inhibitors, such
as, housing, mental health, substance abuse, vocational and life skills deficits,
transportation and childcare and medical needs.
Your contribution of matching funds to the STAR Program will help us to meet the
required $106,750 in total local match needed to leverage the full grant award of
$448,000 used to meet the needs of men, women, and children who are homeless
throughout Johnson County. I look forward to reporting to you in the months to come on
the good works of Shelter house and the STAR Program.
Executive Director, Shelter House
331 North 6ilbert Street * RO. Box 3146 · Iowa City, Iowa 52244-3146 · 319-351-0326
Marian Karr
From: Rod Sullivan [rodsullivan@mchsi.com]
Sent: Wednesday, March 09, 2005 4:27 PM
To: cou ncil@iowa-city, org
Subject: Hiring a Police Chief
Dear Council:
My name is Rod Sullivan, and I live at 2326 East Court Street in Iowa
City.
I want to address the hiring of a new Police Chief. While there are
several
things I could discuss, I would like to focus on the financial impact.
I have long believed that local governments offer too much in the way of
starting salaries. I see that the range for the position of Police Chief
is
$69,000-125,000. I would strongly suggest that you begin advertising the
position at $75,000.
I recognize that $75,000 might be a bit low when compared to cities of
comparable size. But it is not much lower. And remember, people
frequently
accept jobs in Johnson County that pay less than they are currently
earning.
They are often willing to sacrifice a bit of pay for quality of life.
What's more, we are not talking about a person making a big financial
sacrifice. No one will be choosing between $9 and $10 per hour. We are
still
talking about $75,000. This is a significant salary. Many two-income
families will not earn $75,000 next year. (My own two-income, 5 member
family will earn about $80,000 next year, and we get along just fine.)
If $75,000 will not get you the person you want, you can always offer
her a
bit more. What you cannot do is go back and offer her less.
Another benefit of a lower starting salary is the cumulative effect.
Assume
the person does well in her job, and earns a 3% annual raise. With a
starting salary of $69,000, we will pay $92,730 in year ten of her
service.
By starting at $120,000, we will pay her $161,270 in year ten.
The difference is equivalent to a 50 cent hourly raise for 66 full time
hourly employees. You have, in the past, argued that a raise of this
magnitude is too much. If it is too much in one case, it is too much in
the
other.
I believe you have an obligation to us as taxpayers (as well as perhaps
moral and ethical obligation) to put as much effort into controlling
managerial salaries as you do into controlling the hourly wage of city
workers. I hope you take this obligation seriously.
Best of luck as you move forward in the hiring process.
Sincerely,
!
---Rod Sullivan
Message ~
IVlarian Karr
From: Burke, John G. [John G. Burke@who.eop.gov]
Sent: Wednesday, March 09, 2005 6:04 PM
Subject: Notice of Request for Nominations - Strengthening America's Communities Advisory Committee
Dear Mayor and Local Official,
In case you have not seen this yet, please find a pasted below the Department of Commerce's Notice of Requests for
Nominations to serve on the Strengthening America's Communities Advisory Committee. The process for
forwarding nominations is outlined below.
Sincerely,
Toby Burke
Special Assistant to the President
Office of Intergovernmental Affairs
The White House
(202) 456-2896
Billing Code: 3510-24
DEPARTMENT OF COMMERCE
Office of the Secretary
Docket No. 050214038-5038-01
Strengthening America's Communities Advisory Committee
AGENCY: Office of the Secretary, Department of Commerce
ACTION: Notice of Request for Nominations
SUMMARY: On February 9, 2005, the President's Domestic Policy Council requested the Secretary of Commerce (the "Secretary")
to form the Strengthening America's Communities Advisory Committee (the "Committee"). The objectives and duties of the
Committee will be to provide advice and recommendations to the Secretary, and to develop a comprehensive written report of p01icy
parameters to assist in implementing the President's Strengthening America's Communities Initiative (the "Initiative"), including
advising on its legislation, regulations and other guidance. The Committee's report will eocompass all aspects of the envisioned
Initiative, including policy findings and declarations, organizational structure, eligibility, program delivery, monitoring and
performance measures. The Committee is expected to deliver its report to the Secretary by May 31, 2005.
This notice seeks nominations for persons to serve on the Committee. The Committee is intended to have a balanced membership
fi'om diverse backgrounds and geographical regions, including the private sector, state, local and tribal government officials,
community-based organizations, academia and the research community. Nominees should possess an extensive knowledge or; and
background in, the fields of rural or urban economic, social and community development. Nominees should also possess economic,
social and community development policy experience, leadership and organizational skills. The SUPPLEMENTARY
INFORMATION section of this notice provides additional Committee and membership infom~ation, as well as the evaluation criteria
for selecting members and the specific instructions for submitting nominations.
DATES: Nominations must be received by the Department of Commerce at the address listed below no later than 4:00 p.m. (EST) on
March 11, 2005.
3/10/2005
Message Page 2 of 3
,~DDRE$$E$: Nominations pursuant to this Request for Nominations may be submitted by (i) postal mail, (ii) facsimile, or (iii) e-
mail. Please submit nominations by postal mail to David A. Sampson, Assistant Secretary for Economic Development, Economic
Development Administration, Department of Commerce, Room 7800, 1401 Constitution Avenue, N.W., Washington, D.C. 20230.
Nominations may be submitted via facsimile to (202) 273-4723; all
facsimiles should be addressed to the attention of Assistant Secretary for Economic Development David A. Sampson. E-mail
submissions must be addressed to saci ~,,eda.doc.gov and should include all nomination materials (including attachments) in a single
transmission. The Department strongly encourages applicants to submit nominations by facsimile or e-mail. Nominations sent by
regular mail may be substantially delayed in delivery, since all regular mail sent to the Department is subject to e~tensive security
screening.
FOR FURTHER INFORMATION CONTACT: The Office of Chief Counsel, Economic Development Administration, Department of
Commerce, Room 7005, 1401 Constitution Avenue, N.W., Washington D.C. 20230, telephone (202) 482-4687.
SUPPLEMENTARY INFORMATION: On February 3, 2005, the Secretary of Commerce and the Secretary of Housing and Urban
Development jointly announced the Initiative. The Initiative proposes to transfer and consolidate 18 Federal economic and community
development programs from the Departments of Agriculture, Commerce, Health and Human Services, Housing and Urban
Development and Treasury within the Department of Commerce (the "Department"), ultimately comprising a $3.71 billion unified
grant program.
By letter dated February 9, 2005, the President's Domestic Policy Council requested the Secretary to form the Committee. The
Department is forming the Committee pursuant to this letter and under the authority of the Federal Advisory Committee Act, as
an~ended ("FACA") (5 U.S.C. App. 2). The following provides information about the Committee, its membership and the nomination
process.
Objectives and Duties
The objectives and duties of the Committee will be to provide advice and recommendations to the Secretary, and to develop a
comprehensive written report of policy parameters to assist in implementing the Initiative, including advising on its legislation,
regulations and other guidance. The Committee's report will encompass all aspects of the envisioned Initiative, including policy
findings and declarations, organizational structure, eligibility, program delivery, monitoring and performance measures. The
Committee is expected to deliver its report to the Secretary by May 31, 2005, although this time frame may change. Thereafter, the
Committee may be asked to advise the Secretary on additional issues relating to the Initiative.
Membership
Members of the Committee are appointed by and serve at the discretion of the Secretary. It is expected that the committee will consist
of no more than 25 members. No employee of the Federal government may serve as a member of the Committee. The Secretary will
designate-a member or members to serve as the Chairperson or Co-Chairpersons of the Committee. Members are expected to serve for
the full tenure of the Committee, expected to last two years. The Committee intends to have a balanced membership from diverse
backgrounds and geographical regions, including the private sector, state, local and tribal government officials, urban or rural
community-based organizations, academia and the research community. Members should possess an extensive background in the
fields of economic, social and community
2
development and should have demonstrated policy experience, leadership and organizational skills in these fields. Meeting attendance
and active participation in the activities of the Committee are essential.
Administrative Provisions
Members shall serve without compensation, but shall be allowed reimbursement for reasonable, Committee-related travel expenses,
including a per diem in lieu of subsistence, as authorized by 5 U.S.C. 5703 (as amended) for persons serving intermittently in Federal
government service. Members must undergo a criminal background check. Members will serve as "special government
employees" ("SGEs") and must comply with certain Federal ethics statutes and regulations, which include completing a confidential
financial disclosure form to identify any conflicts of interest (or appearances thereof) between the individual's financial affiliations
and holdings and his or her service on the Committee. Meetings shall be held at the call of the Chairperson or Co-Chairpersons (with
the approval of the Designated Federal Officer ("DFO")) until the Committee presents its comprehensive report to the Secretary;
thereafter, the Committee will meet at the call of the Chair (with the approval of the DFO) at least annually. The Department and its
various operating units shall provide the Committee with administrative and staff services, support and facilities to the extent
3/10/2005
Message Page 3 of 3
necessary for the Committee to fulfill its objectives and duties and to the extent permitted by law. Once the Committee is officially
formed, the full text of the Committee Charter may be viewed on the Department's website at http//www.doc.gov.
Evaluation Criteria and Application Procedure
This notice requests nominations of persons to serve on the Committee. The Secretary may also consider nominations from sources
other than this Request for Nominations. Self-nominations are acceptable. Nominations submitted from sources other than this
Request for Nominations will be evaluated under the same evaluation criteria as those submitted in response to this Request for
Nominations. In evaluating nominations, the Secretary shall consider the nominee's (i) technical expertise, educational background,
policy roles and leadership skills in the fields of rural or urban economic, social and community development, (ii) experience in
working with public-private partnerships and grant-based economic development, and (iii) such other experience and backgrounds as
the Secretary deems relevant for service on the Committee.
Each nomination submission pursuant to this Request for Nominations must include: (i) the proposed Committee member's name,
address, telephone and fax numbers, e-mail address (if available) and organizational affiliation (if any); (ii) a cover letter describing
the nominee's qualifications and interest in serving on the Committee; (iii) the nominee's curriculum vitae or
resume; and (iv) no more than three supporting letters describing the nominee's qualifications
and interest in serving on the Committee. Nominations must be received no later than 4:00 p.m. (EST) on March 11, 2005. See
ADDRESSES for the address, facsimile number and e-mail address where nominations may be submitted.
Privacy Act
Section 301 of Title 5 United States Code and 15 C.F.R. Part 4, Subpart B authorize and govern collection of this information. The
primary use of this information is to allow officials of the Department of Commerce and its operating units to review applications and
to conduct vetting of applicants to make decisions concerning the nomination or renomination of candidates for membership on the
Advisory Committee. Records may be disclosed under the following routine use circumstances: (1) To any Federal, state, or local
agency maintaining civil, criminal, or other relevant enforcement information, if necessary to obtain information relevant to a
Department decision concerning the assignment, hiring, or retention of an individual; the issuance of a security clearance; the letting
of a contract; or the issuance of a license, grant, or benefit. (2) To any Federal, state, local, or foreign agency charged with the
responsibility of investigating or prosecuting any violation or potential violation of law or contract; whether civil, criminal, or
regulatory in nature; and whether arising by general statute or particular program statute; or contract, rule, regulation, or order, to
protect the interests of the Department. (3) To any Federal, state, local, or international agency, in response to its request, in
connection with the assignment, hiring, or retention of an individual, the issuance of a security clearance, the reporting of an
investigation of an individual, the letting of a contract, or any other benefit of the requesting agency, to the extent that the information
is relevant and necessary to the requesting agency's decisions on the matter. (4) To a Member of Congress submitting a request
involving an individual when the individual has requested assistance from the Member with respect to the subject matter of the record.
(5) To the Department of Justice in connection with determining whether disclosure is of the record is required under the Freedom of
Information Act. Collection of this information, including your Social Security number is voluntary but failure to furnish it will result
in your application not being considered. Collection of your Social Security number is authorized under Executive Order No. 9397.
The Department will use this number to distinguish you from other members of the public who may have the same or similar name.
Theodore W. Kassinger Date Deputy Secretary of Commerce
3/10/2005
Marian Karr
From: Jim & Susan Fruin [jafruin274@verizon.net]
Sent: Tuesday, March 08, 2005 8:44 PM
To: cou ncil@iowa-city.org
Cc: Belinda Marner
Subject: University of Iowa Parents Association
Good evening ladies and gentlemen. My name is Jim Fruin and as the current President of the University of Iowa Parents
Association, I would like to extend an invitation to the Council to attend our next meeting which is scheduled for Saturday
April 23, 2005 in the State Room at the IMU on campus. Our meeting will last most of the day, but in the hope that you
can join us, we would like to have you be a part of our agenda from 11:30 to 12:30.
In October of 2003 we had Mayor Lehman join us for a one hour visit, and just last month we were able to have Assistant
Manager Dale Helling join us for an hour of the day's agenda. In our meeting recaps, our Parents group felt very
appreciative of the insight that both these gentlemen brought to our group. The basis of the conversations has focused on
issues involving student life off campus, and specifically in the Downtown area.
We would see your attendance much the same in getting your perspective of how we can partner together to make our
students off campus experience the very best it can be in a safe and responsible setting. Safety issues and the easy
access to alcohol seem to be ongoing concerns to ourselves as Parents. We know in speaking with President Skorton,
Phil[ip Jones, and Belinda Marner that both the University and the City are constantly working together to protect the
safety of the students. We value those ongoing efforts.
The issue of easy access to alcohol in the Downtown area has been a topic of ongoing discussion within our Parents
Association for quite sometime. We have followed the media reports over the past couple of years and understand the
complexity of the associated issues, to include those of the citizens and the business community.
We felt the time was now appropriate to get your insights on where you might foresee any future controls to help protect
the safety of our students. As a former City of Bloomington Illinois council member, with two universities in our community,
I'm well aware that the situation is not unique to Iowa City, but obviously a problem in many university cities.
Although I am not familiar with the rules applying to any Open Meetings Act within Iowa City, I would not foresee our
discussion as an official public meeting, but rather an informal discussion. Perhaps this would limit the Council
representation to a limited number of attendees so that we avoid any legal concerns of formal business.
I am hopeful that this invitation will meet with your approval, and be assured that our Parents Association will be most
grateful for your time on a Saturday noon hour. As an informational note, we are a diverse representation of parents from
throughout Iowa and surrounding states, and we usually have approximately 15-20 parents in attendance. So, it does
allow for a very easy exchange of ideas during our meetings.
For ease of coordination, I would like to ask if Mayor Lehman could determine those who can attend and then for him to
communicate the same to Belinda Marner in Student Services, who will finalize our agenda prior to the April 23 meeting.
Belinda's e-mail is as above, and her phone is (319) 335-3557.
Thank you in advance for your consideration and again from a former Council member, I value your commitment to help
Iowa City maintain the excellent quatity of life that we all enjoy as we visit our students. My personal best regards to each
of you.
Jim Fruin
3001 Thornwood Lane
Bloomington IL 61704
(H) (309) 662-1197
(w) (309) 766-7969
3/9/2005
Marian Karr
From: Wally Plahutnik [zinguy@yahoo.com]
Sent: Thursday, March 10, 2005 1:17 PM
To: council@iowa-city.org
Cc: Victoria Walton; Claire Sponsler
Subject: Gilbert Linn demolition
Dear Council Members,
The harvest of the Council's failure to move for protection of the Gilbert-Linn area has begun. Mr. Buxton,
whose interests Mr. Elliot and Mr. O'Donnell were so eager to "protect" has applied for a demolition permit for
533 North Linn. Mr. Lehman, though you repeatedly stated that you support preservation, when the time came
to "put up" you not only didn't shut up, in your sputtering defense of your indefensible vote you had the
patronizing gall to blame those of us who are working to make Iowa City a nicer place to live. Sitting on
Church St., this will become another eyesore apartment on what should be one of Iowa City's attractive
entrances.
Please enjoy the view when you drive by and in the future I hope you are at least able to extract some personal
benefit when you sell our neighborhood short to profiteers like Mr. Buxton. sincerely saddened, disappointed
and disgusted, Wally Plahutnik 430 N Gilbert
Do you Yahoo!?
Yahoo! Small Business - Try our new resources site!
3/10/2005
Marian Karr
From: thesummiteatery@hotmail.com
Sent: Thursday, March 10, 2005 8:43 PM
To: council@iowa-city.org
Subject: State ranks 3rd in U.S. for adult binge drinking
This story was sent to you by: Mike Porter
State ranks 3rd in U.S. for adult binge drinking
In Illinois, nearly 25 percent of people 26 and older said they had a
binge episode in the previous month.
By Kathryn Masterson
RedEye
March 9, 2005
With drunken St. Patrick's Day parades, beer-soaked baseball games and
plenty of specials at clubs and bars, it's no wonder that Illinois is
one of the nation's biggest party states.
Any weekend out in Chicago proves that people here love to drink, and
research shows that Illinois ranks near the top of the list for biggest
binge-drinking states. We're not talking college drinking--one study
shows that nearly a quarter of people 26 or older in Illinois said
they'd gone on a drinking binge in the last month.
"Binge drinking is still an issue among the general population," said
Katherine Cruise, a spokeswoman for Screening for Mental Health Inc.,
which sponsors an annual national alcohol screening day. "It's really
more of a global problem."
Nationally, binge drinking drops after age 25 but remains common among
26- to 34-year-olds, according to the 2002-2003 National Survey on Drug
Us.e and Health. A third of people in that age group reported binge
drinking (meaning five or more drinks on one occasion) in the previous
month. About 45 percent of 21- to 25-year-olds said they were binge
drinkers. After age 35, the binge drinking rate drops to 18 percent.
Alcohol use, especially excessive use, is a popular area of social
research. The numerous studies that come out sometimes vary in
percentages, but generally agree that binge drinking is big.
In Illinois, more than 25 percent of the total population reported
engaging in binge drinking in the previous month. For the college set
(ages 18 to 25), the rate was nearly 50 percent. As for the postcollege
crowd, almost a quarter of people 26 and older said they had a binge
episode in the previous month. Illinois ranked third for binge drinking
among adults (Wisconsin ranked first, Michigan second) and eighth among
college students, according to a study from the CDC and Harvard
University.
What do these numbers ~ean?
Illinois ranks high as a party state, but for postcollege professionals,
how long can the party go on? And what effect does all this heavy
partying have on the lives of young professionals?
"There are some people who go out every night," said Jon Landon, 27,
owner of an entertainment promotions company and a regular on the
Chicago social scene. "I don't know how they do it, but they do."
1
Landon says he's able to meet all of his responsibilities, work his ass
off, work out every day and still go out as often as four nights a week.
He and his crew of 10 friends usually go out Tuesday night, take
Wednesday off, then start their weekend Thursday.
Their usual routine is to start the night at Gibsons with a dirty
martini, drinks and dinner, then head to whatever lounge or club is the
hottest at the moment. People they know usually send them shots, and he
doesn't count the number of drinks he downs.
"If you work hard, you party hard," Landon said. "That's the kind of
philosophy a lot of people have."
His partying style is more restrained than when he was a student at the
University of Wisconsin-Madison. In college, he said, you could miss out
on the best party of the year if you skipped one night out. Some people
disappear from the party scene after being a fixture at lounges and
clubs for a long time, Landon said.
They either cut back on going out because of work, he said, or sometimes
they leave Chicago because they can't make it here.
The availability of alcohol, especially if it's cheap, contributes to
high rates of use, said Karel Ares, executive director of Prevention
First, which provides training and resources for substance abuse
programs.
It's easy to live the party life in Chicago with so many destinations,
says Britt Sorice, a 31-year-old who heads to bars and clubs with
friends about three times a week. "Everything you want is right outside
your door," she said.
On the weekends, she and her friends usually start with a drink or two
at a corner bar, then head to a club.
Sometimes they stay out till 5 a.m., have breakfast, then go home.
She said she can get by on as little as two hours of sleep and still be
ready for her auditing job at a city hospital as long as she mentally
prepares herself for it the night before. She doesn't miss work because
of going out, but she knows others who do or who show up late after a
long night out.
But Sorice says she's learned to pace herself, especially if she has to
work or has plans the next day.
Near the end of the night, she alternates water with her alcoholic
drinks so that she doesn't have to sleep it off the next day.
"I can't do it every day in a row anymore," Sorice said. "If you've been
drinking way too much, it takes a whole day to recover."
Copyright (c) 2005, Chicago Tribune
Marian Karr
From: Paul Forbes [PauI.Forbes@mchsi.com]
Sent: Monday, March 14, 2005 9:33 AM
To: cou ncil@iowa-city.org
Subject: Hawks page
March 14, 2005
Good morning,
Quick note that I have Pinked your site (httpJ/www. icgov.org) to rny
Hawks page: http:flhome.mchsi.com/~paul.forbes/hawks.htm
My Hawks page is part of Franklin Avenue Arts, (ht~://home.mchsi.com/~paul.forbes/index.html)
The Iowa City / Coralville area is a great place to be. Keep up the good work.
Paul A. Forbes
319 365-4127
Pau!~Forbes@mchsi com
http : flhome, mchsi, com/~pau !. forbesl
http :llwww, vmcsatellite,comlchannelsldish_splash cfm?aid=15417 2
*** eSafe scanned this email for malicious content ***
*** IHPORTANT: De net open attachments from unrecognized senders ***
3/14/2005
Marian Karr
From: John Neff [john-neff@uiowa.edu]
Sent: Wednesday, March 16, 2005 3:51 PM
To: CJIobby@aol.com; council; Dwight & Pat Jensen; jlewers; Judie Hoffman;
Lyle. Muller@gazettecommu nications.com
Subject: Report on meeting about effective communication with elected officials
Effective
Communication.doc
Attached is a report of a meeting on "Effective Communication With
Elected Officials"
John Neff
*** eSafe scanned this email for malicious content ***
*** IMPORTANT: Do not open attachments from unrecognized senders ***
On February 26th Environmental Advocates, Sierra Club and FAIR! held a meeting with
elected officials to discuss effective methods of communication with elected officials.
Five members of the Iowa Legislature, three Iowa City Council members, a Coralville
Council member, two County Supervisors and County Soil Commissioner attended and
several other County and Federal officials sent emails suggesting methods.
Methods discussed at the meeting included:
1. Face to Face Meetings.
1.1. A one on one meeting.
1.2. Verbal presentation at a City Council, County Supervisor or School Board
meeting.
1.2.1. Letter giving main points submitted after the verbal presentation is
particularly helpful.
1.2.2. Another suggestion is to send a letter or email giving the main points and
informing the Board/Council when a verbal presentation will be given. This
tactic will allow them time to prepare and have staff present to answer
questions if necessary.
2. Telephone calls.
2.1. They provide an opportunity for a dialog. The official may have to make a follow
up return call if they need to check with staff or look up answers to questions. A
preparatory email giving the topic, any requests for information and the time you
will call is an effective tactic,
2.2. They can interrupt the official who may have to return the call or ask you to call
later.
2.3. The official may not be able to take the call because they are in a meeting and
must either return the call or ask you to call back.
2.4. A call to the office of a member of Congress will be taken by a staff member
(congressional staff members are well informed on a wide range of issues). If the
staff member is told the issue or subject of the call at once they can transfer the
call to staff member who handles that issue.
3. Letters.
3.1. The subject or issue should be at the top of the letter together with your name and
mailing address. One page letters on a single subject are best for any elected
official but are particularly important for members of Congress.
3.2. Letters to members of Congress are sent to Ohio to be irradiated to kill any
anthrax they might contain. They are also opened and shaken to remove any
powder. This procedure means it takes about six week for a letter to reach a
member of Congress.
3.3. The State Legislators, City Council members and County Supervisors present
said that one issue per letter is best but three issues per letter will still work. One
page in length is best but two pages will work.
3.4. Information about how the issue applies to you or some member of your family
is of great interest to the elected officials.
3.5.A civil tone is most effective.
4. Emails.
4.1. The issue should be given at the beginning together with your name, address and
phone number. A few paragraphs on a single subject works best.
4.2. They get about five to ten times as many emails as letters. If they have to stop
and open an attachment (some don't open them) it slows them down.
4.3. Some members of Congress prefer that you use web forms to contact them.
4.4. There is a problem with sending an email to an individual Iowa City council
member because the City Attorney thinks that an email to a councilor is a public
document. As a consequence there is only one email address listed for the IC
council.
4.5. It would be best to find out what there preferences of the individual officials are
with respect to emails. Some are happy to receive emails but are uncomfortable
about replying by email and others would rather meet face to face or talk by
telephone.
5. Faxes.
5.1. If you have to send a document to a member of Congress a fax is the best way to
do so. State and local officials did not think that a fax was an effective way to
communicate with them.
6. Information on how to reach your elected officials.
6.1. The Iowa City Public Library has a printed booklet on how to contact elected
officials.
6.2. The ICPL also has a web page http://www.icpl.org/communit¥/elected/that
provides the same information as in the printed booklet as well as links to
Federal official and congressional web forms.
7. Methods official did not think were effective.
7.1. Anonymous letters and emails.
7.2. Form letters and emails
7.3. Petitions
7.4. Too frequent communications (many per week).
7.5. Telephone calls from computers seem to annoy almost everyone including
elected or want to be elected officials. Ironically they are the ones most likely to
use that type of technology.
There was general agreement among the elected officials about the effectiveness of these
methods. There were differences in preferences about phone calls at home and emails.
TAX EXEMPTION CERTIFICATE
of
IOWA CITY, IOWA, ISSUER
$7,020,000 General Obligation Bonds, Series 2005A
This instrument was prepared by:
Ahlers & Cooney, P.C.
100 Court Avenue, Suite 600
Des Moines, Iowa 50309
(515) 243-7611
TABLE OF CONTENTS
~This Table of Contents is not a part of this Tax Exemption Certificate and is provided
only for convenience of reference.
INTRODUCTION ....................................................... 1
ARTICLE I
DEFINITIONS .......................................................... 1
ARTICLE II
SPECIFIC CERTIFICATIONS, REPRESENTATIONS
AND AGREEMENTS
Section 2.1 Authority to Certify and Expectations .............................. 5
Section 2.2 Receipts and Expenditures of Sale Proceeds ......................... ?
Section 2.3 Purpose of Bonds .............................................. 8
Section 2.4 Facts Supporting Tax-Exemption Classification ...................... 8
Section 2.5 Facts Supporting Temporary Periods for Proceeds .................... 9
Section 2.6 Resolution Funds at Restricted or Unrestricted Yield .................. 9
Section 2.7 Pertaining to Yields ........................................... 10
ARTICLE III
REBATE
Section 3.1 Records ............................... ..................... I 1
Section 3.2 Rebate Fund ................................................. 11
Section 3.3 Exceptions to Rebate .......................................... 11
-i-
Section 3.4 Calculation of Rebate Amount ................................... 13
Section 3.5 Rebate Requirements and the Bond Fund .......................... 13
Section 3.6 Investment of the Rebate Fund .................................. 14
Section 3.7 Payment to the United States .................................... 14
Section 3.8 Records
Section 3.9 Additional Payments .......................................... 15
ARTICLE IV
INVESTMENT RESTRICTIONS
Section 4.1 Avoidance of Prohibited Payments ............................... 15
Section 4.2 Market Price Requirement ......................................16
Section 4.3 Investment in Certificates of Deposit ............................. 16
Section 4.4 Investment Pursuant to Investment Contracts and Agreements .......... 17
Section 4.5 Records .................................................... 17
Section 4.6 Investments to be Legal ........................................ 17
ARTICLE V
GENERAL COVENANTS ............................................... 17
ARTICLE VI
AMENDMENTS AND ADDITIONAL AGREEMENTS
Section 6.1 Opinion of Bond Counsel; Amendments ...........................18
Section 6.2 Additional Covenants, Agreements ............................... 18
-ii-
Section 6.3 Amendments
Signature and Seal
EXHIBIT "A" - VERIFICATION CERTIFICATE OF THE PURCHASER
ooo
-111-
TAX EXEMPTION CERTIFICATE
CITY OF IOWA CITY, IOWA
THIS TAX EXEMPTION CERTIFICATE made and entered into on
': ~' ? ~- ' ,~': ,2005, by the City of Iowa City, State of Iowa (the "Issuer").
INTRODUCTION
This Certificate is executed and delivered in connection with the issuance by the
Issuer of its $7,020,000 General Obligation Bonds, Series 2005A (the "Bonds"). The
Bonds are issued pursuant to the provisions of the Resolution of the Issuer authorizing the
issuance of the Bonds. Such Resolution provides that the covenants contained in this
Certificate constitute a part of the Issuer's contract with the owners of the Bonds.
The Issuer recognizes that under the Code (as defined below) the tax-exempt status
of the interest received by the owners of the Bonds is dependent upon, among other
things, the facts, circumstances, and reasonable expectations of the Issuer as to future
facts not in existence at this time, as well as the observance of certain covenants in the
future. The Issuer covenants that it will take such action with respect to the Bonds as may
be required by the Code, and pertinent legal regulations issued thereunder in order to
establish and maintain the tax-exempt status of the Bonds, including the observance of all
specific covenants contained in the Resolution and this Certificate.
ARTICLE I
DEFINITIONS
The following terms as used in this Certificate shall have the meanings set forth
below. The terms defined in the Resolution shall retain the meanings set forth therein
when used in this Certificate. Other terms used in this Certificate shall have the meanings
set forth in the Code or in the Regulations.
"Annual Debt Service" means the principal of and interest on the Bonds scheduled
to be paid during a given Bond Year.
"Bonds" means the $7,020,000 aggregate principal amount of General Obligation
Bonds, Series 2005A, of the Issuer issued in registered form pursuant to the Resolution.
-I-
"Bond Counsel" means Ahlers & Cooney, P.C., Des Moines, Iowa, or an attorney
at law or a firm of attorneys of nationally recognized standing in matters pertaining to the
tax-exempt status of interest on obligations issued by states and their political
subdivisions, duly admitted to the practice of law before the highest court of any State of
the United States of America.
"Bond Fund" means the Sinking Fund described in the Resolution.
"Bond Year" as defined in Regulation 1.148-1 (b), means a one-year period
beginning on the day after expiration of the preceding Bond Year. The first Bond Year
shall be the one-year or shorter period beginning on the Closing Date and ending on a
principal or interest payment date, unless Issuer selects another date.
"Bond Yield" means that discount rate which produces an amount equal to the
Issue Price of the Bonds when used in computing the present value of all payments of
principal and interest to be paid on the Bonds using semiannual compounding on a 360-
day year as computed under Regulation 1.148-4.
"Certificate" means this Tax Exemption Certificate.
"Closing" means the delivery of the Bonds in exchange for the agreed upon
purchase price.
"Closing Date" means the date of Closing.
"Code" means the Internal Revenue Code of 1986, as amended, and any statutes
which replace or supplement the Internal Revenue Code of 1986.
"Computation Date" means each five-year period from the Closing Date through
the last day of the fifth and each succeeding fifth Bond Year.
"Excess Earnings" means the amount earned on all Nonpurpose Investments minus
the amount which would have been earned if such Nonpurpose Investments were invested
at a rate equal to the Bond Yield, plus any income attributable to such excess.
"Final Bond Retirement Date" means the date on which the Bonds are actually
paid in full.
-2-
"Governmental Obligations" means direct general obligations of, or obligations the
timely payment of the principal of and interest on which is unconditionally guaranteed by
the United States.
"Gross Proceeds" as defined in Regulation 1.148-1(b), means any Proceeds of the
Bonds and any replacement proceeds (as defined in Regulation 1.148-1(c)) of the Bonds.
"Gross Proceeds Funds" means the Project Fund and any other fund or account
held for the benefit of the owners of the Bonds or containing Gross Proceeds of the Bonds
except the Bond Fund and the Rebate Fund.
"Issue Price" as defined in Regulation 1.148-1(b), means the initial offering price
of the Bonds to the public (not including bond houses, brokers or similar persons or
organizations acting in the capacity of underwriters or wholesalers) at which price a
substantial amount of the Bonds were sold to the public. The Purchasers have certified the
Issue Price to be not more than $
"Issuer" means the City of Iowa City, State of Iowa.
"Minor Portion of the Bonds", as defined in Regulation 1.148-2(g), means the
lesser of five (5) percent of Proceeds or $100,000. The Minor Portion of the Bonds is
computed to be $100,000.
"Nonpurpose Investments" means any investment property which is acquired with
Gross Proceeds and is not acquired to carry out the governmental purpose of the Bonds,
and may include but is not limited to U.S. Treasury bonds, corporate bonds, or certificates
of deposit.
"Proceeds" as defined in Regulation 1.148-1(b), means Sale Proceeds, investment
proceeds and transferred proceeds of the Bonds.
"Project" means the construction, reconstruction, and repairing of improvements to
public ways and streets; the construction, improvement, and repair of bridges; the
reconstruction, extension and improvement of the existing Municipal Airport; the
rehabilitation, improvement and equipping of existing city parks; equipping of the fire
and police departments; the construction of a transit intermodal facility; the acquisition of
low income housing facilities from the Greater Iowa City Housing Fellowship to provide
affordable housing within the City; targeted area housing rehabilitation improvements;
the acquisition of art for public buildings and areas; the joint construction and control of
the Grant Wood gymnasium in cooperation with the Iowa City Community School
-3-
District and the acquisition of land for Fire Station #4, as more fully described in the
Resolution.
"Project Fund" means the fund established in the Resolution.
"Purchasers" means J. P. Morgan Securities, Inc., of Chicago, Illinois, constituting
the initial purchasers of the Bonds from the Issuer.
"Rebate Amount" means the amount computed as described in this Certificate.
"Rebate Fund" means the fund to be created, if necessary, pursuant to this
Certificate.
"Rebate Payment Date" means a date chosen by the Issuer which is not more than
60 days following each Computation Date or the Final Bond Retirement Date.
"Regulations" means the Income Tax Regulations, amendments and successor
provisions promulgated by the Department of the Treasury under Sections 103, 148 and
149 of the Code, or other Sections of the Code relating to "arbitrage bonds", including
without limitation Regulations 1.148-1 through 1.148-11, 1.149(b)-1, 1.149-d(1), 1.150-1
and 1.150-2.
"Replacement Proceeds" include, but are not limited to, sinking funds, amounts
that are pledged as security for an issue, and amounts that are replaced because of a
sufficiently direct nexus to a governmental purpose of an issue.
"Resolution" means the resolution of the Issuer adopted on March 15, 2005,
authorizing the issuance of the Bonds.
"Sale Proceeds" as defined in Regulation 1.148-1(b), means any amounts actually
or constructively received from the sale of the Bonds, including amounts used to pay
underwriter's discount or compensation and accrued interest other than pre-issuance
accrued interest.
"Sinking Fund" means the Bond Fund.
"SLGS" means demand deposit Treasury securities of the State and Local
Government Series.
-4-
"Tax Exempt Obligations" means bonds or other obligations the interest on which
is excludable from the gross income of the owners thereof under Section 103 of the Code
and include certain regulated investment companies, stock in tax-exempt mutual funds
and demand deposit SLGS.
"Taxable Obligations" means all investment property, obligations or securities
other than Tax Exempt Obligations.
"Verification Certificate" means the certificate attached to this Certificate as
Exhibit A, setting forth the offering prices at which the Purchaser will reoffer and sell the
Bonds to the public.
ARTICLE II
SPECIFIC CERTIFICATIONS, REPRESENTATIONS
AND AGREEMENTS
The Issuer hereby certifies, represents and agrees as follows:
Section 2.1 Authorit~ to Certify and Expectations
(a) The undersigned officer of the Issuer along with other officers of the Issuer,
are charged with the responsibility of issuing the Bonds.
(b) This Certificate is being executed and delivered in part for the purposes
specified in Section 1.148-2(b)(2) of the Regulations and is intended (among other
purposes) to establish reasonable expectations of the Issuer at this time.
(c) The Issuer has not been notified of any disqualification or proposed
disqualification of it by the Commissioner of the Internal Revenue Service as a bond
issuer which may certify bond issues under Section 1.148-2(b)(2) of the Regulations.
(d) The certifications, representations and agreements set forth in this Article II
are made on the basis of the facts, estimates and circumstances in existence on the date
hereof, including the following: (1) with respect to amounts expected to be received from
delivery of the Bonds, amounts actually received, (2) with respect to payments of amounts
into various funds or accounts, review of the authorizations or directions for such
payments made by the Issuer pursuant to the Resolution and this Certificate, (3) with
respect to the Issue Price, the certifications of the Purchasers as set forth in the
-5-
Verification Certificate, (4) with respect to expenditure of the Proceeds of the Bonds,
actual expenditures and reasonable expectations of the Issuer as to when the Proceeds will
be spent for purposes of the Project, (5) with respect to Bond Yield, review of the
Verification Certificate, and (6) with respect to the amount of governmental and Code
Section 501(c)(3) bonds to be issued during the calendar year, the budgeting and present
planning of Issuer. The Issuer has no reason to believe such facts, estimates or
circumstances are untrue or incomplete in any material way.
(e) To the best of the knowledge and belief of the undersigned officer of the
Issuer, there are no facts, estimates or circumstances that would materially change the
representations, certifications or agreements set forth in this Certificate, and the
expectations herein set out are reasonable.
(f) No arrangement exists under which the payment of principal or interest on the
Bonds would be directly or indirectly guaranteed by the United States or any agency or
instrumentality thereof.
(g) After the expiration of any applicable temporary periods, and excluding
investments in a bona fide debt service fund or reserve fund, not more than five percent
(5%) of the Proceeds of the Bonds will be (a) used to make loans which are guaranteed by
the United States or any agency or instrumentality thereof, or (b) invested in federally
insured deposits or accounts.
(h) The Issuer will file with the Internal Revenue Service in a timely fashion
Form 8038-G, Information Return for Tax-Exempt Governmental Obligations with
respect to the Bonds and such other reports required to comply with the Code and
applicable Regulations.
(i) The Issuer will take no action which would cause the Bonds to become "private
activity bonds" as defined in Section 141 (a) of the Code, including any use of the Project
by any person other than a governmental unit if such use will be by other than a member
of the general public. None of the Proceeds of the Bonds will be used directly or
indirectly to make or finance loans to any person other than a governmental unit.
(j) The Issuer will make no change in the nature or purpose of the Project except
as provided in Section 6.1 hereof.
(k) Except as provided in Section 6.1 hereof, the Issuer will not establish any
sinking fund, bond fund, reserve fund, debt service fund or other fund reasonably
expected to be used to pay debt service on the Bonds (other than the Bond Fund and any
-6-
Reserve Fund), exercise its option to redeem Bonds prior to maturity or effect a refunding
of the Bonds.
(1) No bonds or other obligations of the Issuer (1) were sold in the 15 days
preceding the date of sale of the Bonds, (2) were sold or will be sold within the 15 days
after the date of sale of the Bonds, (3) have been delivered in the past 15 days or (4) will
be delivered in the next 15 days pursuant to a common plan of financing for the issuance
of the Bonds and payable out of substantially the same source of revenues.
(m) None of the Proceeds of the Bonds will be used directly or indirectly to
replace funds of the Issuer used directly or indirectly to acquire obligations having a yield
higher than the Bond Yield.
(n) No portion of the Bonds is issued for the purpose of investing such portion at a
higher yield than the Bond Yield.
(o) The Issuer does not expect that the Proceeds of the Bonds will be used in a
manner that would cause them to be "arbitrage bonds" as defined in Section 148(a) of the
Code. The Issuer does not expect that the Proceeds of the Bonds will be used in a manner
that would cause the interest on the Bonds to be includible in the gross income of the
owners of the Bonds under the Code. The Issuer will not intentionally use any portion of
the Proceeds to acquire higher yielding investments.
(p) The Issuer will not use the Proceeds of the Bonds to exploit the difference
between tax-exempt and taxable interest rates to obtain a material financial advantage.
(q) The Issuer has not issued more Bonds, issued the Bonds earlier, or allowed the
Bonds to remain outstanding longer than is reasonably necessary to accomplish the
governmental purposes of the Bonds.
(r) The Bonds will not be Hedge Bonds as described in Section 149(g)(3) of the
Code because the Issuer reasonably expects that it will meet the Expenditure Test set
forth in Section 2.5(b) hereof and that 50% or more of the Proceeds will not be invested
in Nonpurpose Investments having a substantially guaranteed yield for four or more years.
Section 2.2 Receipts and Expenditures of Sale Proceeds
Sale Proceeds and pre-issuance accrued interest received at Closing are expected
to be deposited and expended as follows:
-7-
(a) $ representing pre-issuance accrued interest will be deposited
into the Bond Fund and will be used to pay a portion of the interest accruing
on the Bonds on the first interest payment date; and
(b) $ representing costs of issuing the Bonds will be used within
six months of the Closing Date to pay the costs of issuance of the Bonds
(with any excess remaining on deposit in the Project Fund); and
(c) $ will be deposited into the Project Fund and will be used
together with earnings thereon to pay the costs of the Project and will not
exceed the amount necessary to accomplish the governmental purposes of
the Bonds.
Section 2.3 Purpose of Bonds
The Issuer is issuing the Bonds to pay the costs of the construction, reconstruction,
and repairing of improvements to public ways and streets; the construction, improvement,
and repair of bridges; the reconstruction, extension and improvement of the existing
Municipal Airport; the rehabilitation, improvement; equipping of existing city parks;
equipping of the fire and police departments; the construction of a transit intermodal
facility; the acquisition of low income housing facilities from the Greater Iowa City
Housing Fellowship to provide affordable housing within the City; targeted area housing
rehabilitation improvements; the acquisition of art for public buildings and areas; the joint
construction and control of the Grant Wood gymnasium in cooperation with the Iowa City
Community School District and the acquisition of land for Fire Station #4.
Section 2.4 Facts Supporting Tax-Exemption Classification
Governmental Bonds
Private Business Use/Private Securi .ty or Payment Tests
The Bonds are considered to be governmental bonds, not subject to the
provisions of the alternate minimum tax. The Proceeds will be used for the
purposes described in Section 2.3 hereof. These bonds are not private activity
bonds because no amount of Proceeds of the Bonds is to be used in a trade or
business carried on by a non-governmental unit. Rather, the Proceeds will be used
to finance the general government operations and facilities of the Issuer described
in Section 2.3 hereof. None of the payment of principal or interest on the Bonds
will be derived from, or secured by, money or property used in a trade or business
-8-
of a non-governmental unit. In addition, none of the governmental operations or
facilities of the Issuer being financed with the Proceeds of the Bonds are subject to
any lease, management contract or other similar arrangement or to any
arrangement for use other than as by the general public.
Private Loan Financing Test
No amount of Proceeds of the Bonds is to be used directly or indirectly to
make or finance loans to persons other than governmental units.
Section 2.5 Facts Supporting Tempora _ry Periods for Proceeds
(a) Time Test. Not later than six months after the Closing Date, the Issuer will
incur a substantial binding obligation to a third party to expend at least 5% of the net Sale
Proceeds of the Bonds.
(b) Expenditure Test. Not less than 85% of the net Sale Proceeds will be
expended for Project costs, including the reimbursement of other funds expended to date,
within a three-year temporary period from the Closing Date.
(c) Due Diligence Test. Not later than six months after Closing, work on the
Project will have commenced and will proceed with due diligence to completion.
(d) Proceeds of the Bonds representing less than six months accrued interest on
the Bonds will be spent within six months of this date to pay interest on the Bonds, and
will be invested without restriction as to yield for a temporary period not in excess of six
months.
Section 2.6 Resolution Funds at Restricted or Unrestricted Yield
(a) Proceeds of the Bonds will be held and accounted for in the manner provided
in the Resolution. The Issuer has not and does not expect to create or establish any other
bond fund, reserve fund, or similar fund or account for the Bonds. The Issuer has not and
will not pledge any moneys or Taxable Obligations in order to pay debt service on the
Bonds or restrict the use of such moneys or Taxable Obligations so as to give reasonable
assurances of their availability for such purposes.
(b) Any monies which are invested beyond a temporary period are expected to
constitute less than a major portion of the Bonds or to be restricted for investment at a
yield not greater than one-eighth of one percent above the Bond Yield.
-9-
(c) The Issuer has established and will use the Bond Fund primarily to achieve a
proper matching of revenues and debt service within each Bond Year and the Issuer will
apply moneys deposited into the Bond Fund to pay the principal of and interest on the
Bonds. Such Fund will be depleted at least once each Bond Year except for a reasonable
carryover amount. The carryover amount will not exceed the greater of(l) one year's
earnings on the Bond Fund or (2) one-twelfth of Annual Debt Service. The Issuer will
spend moneys deposited from time to time into such fund within 13 months after the date
of deposit. Revenues, intended to be used to pay debt service on the Bonds, will be
deposited into the Bond Fund as set forth in the Resolution. The Issuer will spend interest
earned on moneys in such fund not more than 12 months after receipt. Accordingly, the
Issuer will treat the Bond Fund as a bona fide debt service fund as defined in Regulation
1.148-1(b).
Investment of amounts on deposit in the Bond Fund will not be subject to arbitrage
rebate requirements as the Bonds meet the safe harbor set forth in Regulation 1.148-3(k),
because the average annual debt service on the Bonds will not exceed $2,500,000.
(d) The Minor Portion of the Bonds will be invested without regard to yield.
Section 2.7 Pertaining to Yields
(a) The purchase price of all Taxable Obligations to which restrictions apply
under this Certificate as to investment yield or rebate of Excess Earnings, if any, has been
and shall be calculated using (i) the price taking into account discount, premium and
accrued interest, as applicable, actually paid or (ii) the fair market value if less than the
price actually paid and if such Taxable Obligations were not purchased directly from the
United States Treasury. The Issuer will acquire all such Taxable Obligations directly from
the United States Treasury or in an arm's length transaction without regard to any amounts
paid to reduce the yield on such Taxable Obligations. The Issuer will not pay or permit
the payment of any amounts (other than to the United States) to reduce the yield on any
Taxable Obligations. Obligations pledged to the payment of debt service on the Bonds,
or deposited into any reserve fund after they have been acquired by the Issuer will be
treated as though they were acquired for their fair market value on the date of such pledge
or deposit. Obligations on deposit in any reserve fund on the Closing Date shall be treated
as if acquired for their fair market value on the Closing Date.
(b) Qualified guarantees have not been used in computing yield.
-10-
(c) The Bond Yield has been computed as not less than
percent. This Bond Yield has been computed on the basis of a purchase price for the
Bonds equal to the Issue Price.
ARTICLE III
REBATE
Section 3.1 Records
Sale Proceeds of the Bonds will be held and accounted for in the manner provided
in the Resolution. The Issuer will maintain adequate records for funds created by the
Resolution and this Certificate including all deposits, withdrawals, transfers from,
transfers to, investments, reinvestments, sales, purchases, redemptions, liquidations and
use of money or obligations until six years after the Final Bond Retirement Date.
Section 3.2 Rebate Fund
(a) In the Resolution, the Issuer has covenanted to pay to the United States the
Rebate Amount, an amount equal to the Excess Earnings on the Gross Proceeds Funds, if
any, at the times and in the manner required or permitted and subject to stated special
rules and allowable exceptions or exemptions.
(b) The Issuer may establish a fund pursuant to the Resolution and this Certificate
which is herein referred to as the Rebate Fund. The Issuer will invest and expend amounts
on deposit in the Rebate Fund in accordance with this Certificate.
(c) Moneys in the Rebate Fund shall be held by the Issuer or its designee and,
subject to Sections 3.4, 3.5 and 6.1 hereof, shall be held for future payment to the United
States as contemplated under the provisions of this Certificate and shall not constitute part
of the trust estate held for the benefit of the owners of the Bonds or the Issuer.
(d) The Issuer will pay to the United States from legally available money of the
Issuer (whether or not such available money is on deposit in any fund or account related
to the Bonds) any amount which is required to be paid to the United States.
Section 3.3 Exceptions to Rebate
The !ssuer reasonably expects that the Bonds are eligible for one or m°re
exemptions from the arbitrage rebate rules set forth in the Treasury Regulations. If the
-11-
bonds are ineligible, or become ineligible, for an exemption to the arbitrage rebate rules,
the Issuer will comply with the provisions of Article III hereof. A description of the
applicable rebate exemptions is as follows:
Eighteen-Month Exemption
The Gross Proceeds of the Bonds are expected to be expended for the
governmental purposes for which the Bonds were issued in accordance with the following
schedule:
1) 15 percent spent within six months of the Closing Date;
2) 60 percent spent within one year of the Closing Date;
3) 100 percent spent within eighteen months of the Closing Date (subject to 5
percent retainage for not more than one year).
In any event, the Issuer expects that the 5% reasonable retainage will be spent within 30
months of the Closing Date. For purposes of determining compliance with the six-month
and twelve-month spending periods, the amount of investment earnings included shall be
based on the Issuer's reasonable expectations that the average annual interest rate on
investments will be not more than 4.50%. For purposes of determining compliance with
the eighteen-month spending period, the amount of investment earnings included shall be
based on actual earnings. If the Issuer fails to meet the foregoing expenditure schedule,
the Issuer shall comply with the arbitrage rebate requirements of the Code.
Election to Treat as Construction Bonds.
The Bonds qualify as a "construction issue" as defined in Section 148(f)(4)(C)(vi)
of the Code. The Issuer reasonably expects that more than 75 percent of the "available
construction proceeds" ("ACP") of the Bonds, as defined in Section 148(f)(4)(C)(vi) of
the Code, will be used for construction expenditures. ACP includes the issue price of the
issue plus the earnings on such issue. Not less than the following percentages of the ACP
will be spent within the following periods:
1) 10 percent spent within six months of the Closing Date;
2) 45 percent spent within one year of the Closing Date;
3) 75 percent spent within eighteen months of the Closing Date;
4) 100 percent spent within two years of the Closing Date (subject to 5 percent
retainage for not more than one year).
-12-
In any event, the Issuer expects that the 5% reasonable retainage will be spent within a
three-year period beginning on the Closing Date. A failure to spend an amount that does
not exceed the lesser of (i) 3% of the issue price or (ii) $250,000, is disregarded if the
Issuer exercises due diligence to complete the Project.
· Election with respect to future earnings
Pursuant to Section 1.148-7(h)(i)(3) of the RegulatiOns, the Issuer shall calculate
the amount of future earnings to be used in determining compliance with the first three
spending periods based on its reasonable expectations that the average annual interest rate
on investments of the ACP will be not more than 4.50%. Compliance with the final
spending period shall be calculated using actual earnings.
If the Issuer fails to meet the foregoing expenditure schedule, the Issuer shall
comply with the arbitrage rebate requirements of the Code.
Section 3.4 Calculation of Rebate Amount
(a) As soon after each Computation Date as practicable, the Issuer shall, if
necessary, calculate and detemdne the Excess Earnings on the Gross Proceeds Funds (the
"Rebate Amount"). All calculations and detemfinations with respect to the Rebate
Amount will be made on the basis of actual facts as of the Computation Date and
reasonable expectations as to future events.
(b) If the Rebate Amount exceeds the amount currently on deposit in the Rebate
Fund, the Issuer may deposit an amount in the Rebate Fund such that the balance in the
Rebate Fund after such deposit equals the Rebate Amount. If the amount in the Rebate
Fund exceeds the Rebate Amount, the Issuer may withdraw such excess amount provided
that such withdrawal can be made from amounts originally transferred to the Rebate Fund
and not from earnings thereon, which may not be transferred, and only if such withdrawal
may be made without liquidating investments at a loss.
Section 3.5 Rebate Requirements and the Bond Fund
It is expected that the Bond Fund described in the Resolution and Section 2.7(b) of
this Certificate will be treated as a bona fide debt service fund as defined in Regulation
1.148-1 (b). As such, any amount earned during a Bond Year on the Bond Fund and
amounts earned on such amounts, if allocated to the Bond Fund, will not be taken into
account in calculating the Rebate Amount if the annual gross earnings on the Bond Fund
for such Bond Year are less than $100,000 or if average annual debt service will not
-13-
exceed $2,500,000. However, should annual gross earnings exceed $100,000 or should
the Bond Fund cease to be treated as a bona fide debt service fund, the Bond Fund will
become subject to the rebate requirements set forth in Section 3.4 hereof.
Section 3.6 Investment of the Rebate Fund
(a) Immediately upon a transferto the Rebate Fund, the Issuer may invest all
amounts in the Rebate Fund not already invested and held in the Rebate Fund, to the
extent possible, in (1) SLGS, such investments to be made at a yield of not more than
one-eighth of one percent above the Bond Yield, (2) Tax Exempt Obligations, (3) direct
obligations of the United States or (4) certificates of deposit of any bank or savings and
loan association. All investments in the Rebate Fund shall be made to mature not later
than the next Rebate Payment Date.
(b) If the Issuer invests in SLGS, the Issuer shall file timely subscription fo,ms for
such securities (if required). To the extent possible, amounts received from maturing
SLGS shall be reinvested immediately in zero yield SLGS maturing on or before the next
Rebate Payment Date.
Section 3.7 Payment to the United States
(a) On each Rebate Payment Date, the Issuer will pay to the United States at least
ninety percent (90%) of the Rebate Amount less a computation credit of $1,000 per Bond
Year for which the payment is made.
(b) The Issuer will pay to the United States not later than sixty (60) days after the
Final Bond Retirement Date all the rebatable arbitrage as of such date and any income
attributable to such rebatable arbitrage as described in Regulation 1.148-3(t)(2).
(c) If necessary, on each Rebate Payment Date, the Issuer will mail a check to the
Internal Revenue Service Center, Ogden, UT 84201. Each payment shall be accompanied
by a copy of Form 8038-T, Arbitrage Rebate, filed with respect to the Bonds or other
information reporting form as is required to comply with the Code and applicable
Regulations.
Section 3.8 Records
(a) The Issuer will keep and retain adequate records with respect to the Bonds, the
Gross Proceeds Funds, the Bond Fund and the Rebate Fund until six years after the Final
Bond Retirement Date. Such records shall include descriptions of all calculations of
-14-
amounts transferred to the Rebate Fund, if any, and descriptions of all calculations of
amounts paid to the United States as required by this Certificate. Such records will also
show all amounts eamed on moneys invested in such funds, and the actual dates and
amounts of all principal, interest and redemption premiums (if any) paid on the Bonds.
(b) Records relating to the investments in such Funds shall completely describe all
transfers, deposits, disbursements and earnings including:
(i) a complete list of all investments and reinvestments of amounts in each
such Fund including, if applicable, purchase price, purchase date, type of security,
accrued interest paid, interest rate, dated date, principal amount, date of maturity,
interest payment dates, date of liquidation, receipt upon liquidation, market value
of such investment on the Final Bond Retirement Date if held by the Issuer on the
Final Bond Retirement Date, and market value of the investment on the date
pledged to the payment of the Bonds or the Closing Date if different from the
purchase date.
(ii) the amount and source of each payment to, and the amount, purpose
and payee of each payment from, each such Fund.
Section 3.9 Additional Payments
The Issuer hereby agrees to pay to the United States from legally available money
of the Issuer (whether or not such available money is on deposit in any fund or account
related to the Bonds) any amount which is required to be paid to the United States, but
which is not available in a fund related to the Bonds for transfer to the Rebate Fund or
payment to the United States.
ARTICLE IV
INVESTMENT RESTRICTIONS
Section 4.1 Avoidance of Prohibited Payments
The Issuer will not enter into any transaction that reduces the amount required to
be deposited into the Rebate Fund or paid to the United States because such transaction
results in a smaller profit or a larger loss than would have resulted if the transaction had
been at arm's length and had the Bond Yield not been relevant to either party. The Issuer
will not invest or direct the investment of any funds in a manner which reduces an amount
-15-
required to be paid to the United States because such transaction results in a small profit
or larger loss than would have resulted if the transaction had been at arm's length and had
the Bond Yield not been relevant to the Issuer. In particular, notwithstanding anything to
the contrary contained herein or in the Resolution, the Issuer will not invest or direct the
investment of any funds in a manner which would violate any provision of this Article IV.
Section 4.2 Market Price Requirement
(a) The Issuer will not purchase or direct the purchase of Taxable Obligations for
more than the then available market price for such Taxable Obligations. The Issuer will
not sell, liquidate or direct the sale or liquidation of Taxable Obligations for less than the
then available market price.
(b) For purposes of this Certificate, United States Treasury obligations purchased
directly from the United States Treasury will be deemed to be purchased at the market
price.
Section 4.3 Investment in Certificates of Deposit
(a) Notwithstanding anything to the contrary contained herein or in the
Resolution, the Issuer will invest or direct the investment of funds on deposit in the
Reserve Fund, any other Gross Proceeds Fund, the Bond Fund, and the Rebate Fund, in a
certificate of deposit of a bank or savings bank which is permitted by law and by the
Resolution only if(l) the price at which such certificate of deposit is purchased or sold is
the bona fide bid price quoted by a dealer who maintains an active secondary market in
certificates of deposit of the same type or (2) if there is no active secondary market in
such certificates of deposit, the certificate of deposit must have a yield (A) as high or
higher than the yield on comparable obligations traded on an active secondary market, as
certified by a dealer who maintains such a market, and (B) as high or higher than the yield
available on comparable obligations of the United States Treasury.
(b) The certificate of deposit described in part 2(A) of paragraph 4.3(a) above
mUst be executed by a dealer who maintains an active secondary market in comparable
certificates of deposit and must be based on actual trades adjusted to reflect the size and
term of that certificate of deposit and the stability and reputation of the bank or savings
bank issuing the certificate of deposit.
-16-
Section 4.4 Investment Pursuant to Investment Contracts and Agreements
The Issuer will invest or direct the investment of funds on deposit in the Reserve
Fund, any other Gross Proceeds Fund, the Bond Fund, and the Rebate Fund pursuant to
an investment contract (including a repurchase agreement) only if (A) the Issuer receives
at least three bids on the investment contract from persons other than those with an
interest in the Bonds (e.g. underwriters, financial advisors), (B) the person whose bid is
accepted provides a certification stating that based on that person's reasonable
expectations on the date the investment contract is entered into, Taxable Obligations will
not be purchased pursuant to the investment contract at a price in excess of their fair
market value or sold pursuant to the investment contract at a price less than their fair
market value, (C) the yield on the investment contract is at least equal to the yield offered
on similar obligations under similar investment contracts (e.g., the yield on investment
contracts entered into by issuers of qualified mortgage bonds).
Section 4.5 Records
The Issuer will maintain records of all purchases, sales, liquidations, investments,
reinvestments, redemptions, disbursements, deposits, and transfers of amounts on deposit.
Section 4.6 Investments to be Legal
All investments required to be made pursuant to this Certificate shall be made to
the extent permitted by law. In the event that any such investment is determined to be
ultra vires, it shall be liquidated and the proceeds thereof shall be invested in a legal
investment, provided that prior to reinvesting such proceeds, the Issuer shall obtain an
opinion of Bond Counsel to the effect that such reinvestment will not cause the Bonds to
become arbitrage bonds under Sections 103, 148, 149, or any other applicable provision
of the Code.
ARTICLE V
GENERAL COVENANTS
The Issuer hereby covenants to perform all acts within its power necessary to
ensure that the reasonable expectations set forth in Article II hereof will be realized. The
Issuer reasonably expects to comply with all covenants contained in this Certificate.
-17-
ARTICLE VI
AMENDMENTS AND ADDITIONAL AGREEMENTS
Section 6.1 Opinion of Bond Counsel; Amendments.
The various provisions of this Certificate need not be observed and this Certificate
may be amended or supplemented at any time by the Issuer if the Issuer receives an
opinion or opinions of Bond Counsel that the failure to comply with such provisions will
not cause any of the Bonds to become "arbitrage bonds" under the Code and that the
terms of such amendment or supplement will not cause any of the Bonds to become
"arbitrage bonds" under the Code, or otherwise cause interest on any of the Bonds to
become includable in gross income for federal income tax purposes.
Section 6.2 Additional Covenants, Agreements
The Issuer hereby covenants to make, execute and enter into (and to take such
actions, if any, as may be necessary to enable it to do so) such agreements as may be
necessary to comply with any changes in law or regulations in order to preserve the tax-
exempt status of the Bonds to the extent that it may lawfully do so. The Issuer further
covenants (1) to impose such limitations on the investment or use of moneys or
investments related to the Bonds, (2) to make such payments to the United States
Treasury, (3) to maintain such records, (4) to perform such calculations, and (5) to
perform such other lawful acts as may be necessary to preserve the tax-exempt status of
the Bonds.
Section 6.3 Amendments
Except as otherwise provided in Section 6.1 hereof, all the rights, powers, duties
and obligations of the Issuer shall be irrevocable and binding upon the Issuer and shall
not be subject to amendment or modification by the Issuer.
-18-
IN WITNESS WHEREOF, the Issuer has caused this Certificate to be executed by
its duly authorized officer, all as of the day first above written.
(SEAL)
MMcGinle\441827. I \WP 10714.086
CIG27.TXT
(5/96)
CONTINUING DISCLOSURE CERTIFICATE
This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed
and delivered by Iowa City, Iowa (the "Issuer") in connection with the issuance of
$7,020,000 General Obligation Bonds, Series 2005A (the "Bonds") dated March 29,
2005. The Bonds are being issued pursuant to a Resolution of the Issuer approved on
,2005 (the "Resolution"). The Issuer covenants and agrees as
follows:
SECTION 1. Purpose of the Disclosure Certificate. This Disclosure Certificate is
being executed and delivered by the Issuer for the benefit of the Holders and Beneficial
Owners of the Bonds and in order to assist the Participating Underwriters in complying
with S.E.C. Rule 15c2-12(b)(5).
SECTION 2. Definitions. In addition to the definitions set forth in the
Resolution, which apply to any capitalized term used in this Disclosure Certificate unless
otherwise defined in this Section, the following capitalized terms shall have the
following meanings:
"Annual Report" shall mean any Annual Report provided by the Issuer pursuant
to, and as described in, Sections 3 and 4 of this Disclosure Certificate.
"Beneficial Owner" shall mean any person Which (a) has the power, directly or
indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds
(including persons holding Bonds through nominees, depositories or other
intermediaries), or (b) is treated as the owner of any Bonds for federal income tax
purposes.
"Dissemination Agent" shall mean any Dissemination Agent designated in writing
by the Issuer and which has filed with the Issuer a written acceptance of such
designation.
"Holders" shall mean the registered holders of the Bonds, as recorded in the
registration books of the Registrar.
"Listed Events" shall mean any of the events listed in Section 5(a) of this
Disclosure Certificate.
"Municipal Securities Rulemaking Board" or "MSRB" shall mean the Municipal
Securities Rulemaking Board, 1900 Duke Street, Suite 600, Alexandria, VA 22314.
"National Repository" shall mean any Nationally Recognized Municipal Securities
Info.,ation Repository for purposes of the Rule. The National Repositories currently
approved by the Securities and Exchange Commission are set forth in Exhibit B.
"Participating Underwriter" shall mean any of the original underwriters of the
Bonds required to comply with the Rule in connection with offering of the Bonds.
"Repository" shall mean each National Repository and each State Repository.
"Rule" shall mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange
Commission under the Securities Exchange Act of 1934, as the same may be amended
from time to time.
"State" shall mean the State of Iowa.
"State Repository" shall mean any public or private repository or entity designated
by the State as a state repository for the purpose of the Rule and recognized as such by
the Securities and Exchange Commission. As of the date of this Certificate, there is no
State Repository.
SECTION 3. Provision of Annual Reports.
(a) The Issuer shall, or shall cause the Dissemination Agent to,
not later than two hundred-ten (210) days after the end of the
Issuer's fiscal year (presently June 30th), commencing with
the report for the 2004/2005 fiscal year, provide to each
Repository an Annual Report which is consistent with the
requirements of Section 4 of this Disclosure Certificate. The
Annual Report may be submitted as a single document or as
separate documents comprising a package, and may cross-
reference other information as provided in Section 4 of this
Disclosure Certificate; provided that the audited financial
statements of the Issuer may be submitted separately from the
balance of the Annual Report and later than the date required
above for the filing of the Annual Report if they are not
available by that date. If the Issuer's fiscal year changes, it
-2-
shall give notice of such change in the same manner as for a
Listed Event under Section 5(c).
(b) Not later than fifteen (15) business days prior to said date, the
Issuer shall provide the Annual Report to the Dissemination
Agent (if other than the Issuer). If the Issuer is unable to
provide to the Repositories an Annual Report by the date
required in subsection (a), the Issuer shall send a notice to the
Municipal Securities Rulemaking Board and the State
Repository, if any, in substantially the fo,m attached as
Exhibits A.
(c) The Dissemination Agent shall:
(i) determine each year prior to the date for providing the
Annual Report the name and address of each National
Repository and the State Repository, if any, and
(ii) (if the Dissemination Agent is other than the Issuer),
file a report with the Issuer certifying that the Annual
report has been provided pursuant to this Disclosure
Certificate, stating the date it was provided and listing
all the Repositories to which it was provided.
(d) Any filing under this Disclosure Certificate may be made solely by
transmitting such filing to the Texas Municipal Advisory Council (the
"MAC") as provided at http://www.disclosureusa.org unless the United
States Securities and Exchange Commission has withdrawn the interpretive
advice in its letter to the MAC dated September 7, 2004.
SECTION 4. Content of Annual Reports. The Issuer's Annual Report shall
contain or incorporate by reference the following:
1. The audited financial statements of the Issuer for the prior fiscal year,
prepared in accordance with generally accepted accounting principles promulgated by the
Financial Accounting Standards Board as modified in accordance with the governmental
accounting standards promulgated by the Governmental Accounting Standards Board or
as otherwise provided 'under State law, as in effect from time to time, or, if and to the
extent such financial statements have not been prepared in accordance with generally
accepted accounting principles, noting the discrepancies therefrom and the effect thereof.
-3-
If the Issuer's audited financial statements are not available by the time the Annual
Report is required to be filed pursuant to Section 3(a), the Annual Report shall contain
unaudited financial statements in a format similar to the financial statements contained in
the final Official Statement, and the audited financial statements shall be filed in the
same manner as the Annual Report when they become available.
2. Information of the type contained in the final Official Statement under the
headings "City Property Values", "City Indebtedness" and "General Fund Budget".
Any or all of the items listed above may be included by specific reference to other
documents, including official statements of debt issues of the Issuer or related public
entities, which have been submitted to each of the Repositories or the Securities and
Exchange Commission. If the document included by reference is a final official
statement, it must be available from the Municipal Securities Rulemaking Board. The
Issuer shall clearly identify each such other document so included by reference.
SECTION 5. Reporting of Significant Events.
(a) Pursuant to the provisions of this Section 5, the Issuer shall
give, or cause to be given, notice of the occurrence of any of
the following events with respect to the Bonds, if material:
(1) principal and interest payment delinquencies;
(2) non-payment related defaults;
(3) unscheduled draws on debt service reserves
reflecting financial difficulties;
(4) unscheduled draws on credit enhancements
reflecting financial difficulties;
(5) substitution of credit or liquidity providers, or
their failure to perform;
(6) adverse tax opinions or events affecting the tax-
exempt status of the security;
(7) modifications to rights of security holders;
-4-
(8) bond calls;
(9) defeasances;
(10) release, substitution, or sale of property
securing repayment of the securities; and
(11) rating changes.
(b) Whenever the Issuer obtains the knowledge of the occurrence
of a Listed Event, the Issuer shall as soon as possible
determine if such event would be material under applicable
federal securities laws.
(c) If the Issuer determines that knowledge of the occurrence of a
Listed Event would be material under applicable federal
securities laws, the Issuer shall promptly file a notice of such
occurrence with the Municipal Securities Rulemaking Board
and the State Repository. Notwithstanding the foregoing,
notice of Listed Events described in subsections (a) (8) and
(9) need not be given under this subsection any earlier than
the notice (if any) of the underlying event is given to Holders
of affected Bonds pursuant to the Resolution.
SECTION 6. Termination of Reporting Obligation. The Issuer's obligations
under this Disclosure Certificate shall terminate upon the legal defeasance, prior
redemption or payment in full of all of the Bonds or upon the Issuer's receipt of an
opinion of nationally recognized bond counsel to the effect that, because of legislative
action or final judicial action or administrative actions or proceedings, the failure of the
Issuer to comply with the terms hereof will not cause Participating Underwriters to be in
violation of the Rule or other applicable requirements of the Securities Exchange Act of
1934, as amended. If such termination occurs prior to the final maturity of the Bonds,
the Issuer shall give notice of such termination in the same manner as for a Listed Event
under Section 5(c).
SECTION 7. Dissemination Agent. The Issuer may, from time to time, appoint
or engage a Dissemination Agent to assist it in carrying out its obligations under this
Disclosure Certificate, and may discharge any such Agent, with or without appointing a
successor Dissemination Agent. The Dissemination Agent shall not be responsible in
-5-
any manner for the content of any notice or report prepared by the Issuer pursuant to this
Disclosure Certificate. The initial Dissemination Agent shall be the Issuer.
SECTION 8. Amendment; Waiver. Notwithstanding any other provision of this
Disclosure Certificate, the Issuer may amend this Disclosure Certificate, and any
provision of this Disclosure Certificate may be waived, provided that the following
conditions are satisfied:
(a) If the amendment or waiver relates to the provisions of
Section 3(a), 4, or 5(a), it may only be made in connection
with a change in circumstances that arises from a change in
legal requirements, change in law, or change in the identity,
nature or status of an obligated person with respect to the
Bonds, or the type of business conducted;
(b) The undertaking, as amended or taking into account such
waiver, would, in the opinion of nationally recognized bond
counsel, have complied with the requirements of the Rule at
the time of the original issuance of the Bonds, after taking
into account any amendments or interpretations of the Rule,
as well as any change in circumstances; and
(c) The amendment or waiver either (i) is approved by the
Holders of the Bonds in the same manner as provided in the
Resolution for amendments to the Resolution with the
consent of Holders, or (ii) does not, in the opinion of
nationally recognized bond counsel, materially impair the
interests of the Holders or Beneficial Owners of the Bonds.
In the event of any amendment or waiver of a provision of this Disclosure Certificate, the
Issuer shall describe such amendment in the next Annual Report, and shall include, as
applicable, a narrative explanation of the reason for the amendment or waiver and its
impact on the type (or in the case of a change of accounting principles, on the
presentation) of financial information or operating data being presented by the Issuer. In
addition, if the amendment relates to the accounting principles to be followed in
preparing financial statements, (i) notice of such change shall be given in the same
manner as for a Listed Event under Section 5(c), and (ii) the Annual Report for the year
in which the change is made will present a comparison or other discussion in narrative
form (and also, if feasible, in quantitative form) describing or illustrating the material
differences between the financial statements as prepared on the basis of the new
-6-
accounting principles and those prepared on the basis of the former accounting
principles.
SECTION 9. Additional Information. Nothing in this Disclosure Certificate shall
be deemed to prevent the Issuer from disseminating any other infmmation, using the
means of dissemination set forth in this Disclosure Certificate or any other means of
communication, or including any other information in any Annual Report or notice of
occurrence of a Listed Event, in addition to that which is required by this Disclosure
Certificate. If the Issuer chooses to include any information in any Annual Report or
notice of occurrence of a Listed Event in addition to that which is specifically required
by this Disclosure Certificate, the Issuer shall have no obligation under this Certificate to
update such information or include it in any future Annual Report or notice of occurrence
of a Listed Event.
SECTION 10. Default. In the event of a failure of the Issuer to comply with any
provision of this Disclosure Certificate, any Holder or Beneficial Owner of the Bonds
may take such actions as may be necessary and appropriate, including seeking mandate or
specific perfmmance by court order, to cause the Issuer to comply with its obligations
under this Disclosure Certificate. Direct, indirect, consequential and punitive damages
shall not be recoverable by any person for any default hereunder and are hereby waived
to the extent permitted by law. A default under this Disclosure Certificate shall not be
deemed an event of default under the Resolution, and the sole remedy under this
Disclosure Certificate in the event of any failure of the Issuer to comply with this
Disclosure Certificate shall be an action to compel perfommnce.
SECTION 11. Duties, Immunities and Liabilities of Dissemination Agent. The
Dissemination Agent shall have only such duties as are specifically set forth in this
Disclosure Certificate, and the Issuer agrees to indemnify and save the Dissemination
Agent, its officers, directors, employees and agents, harmless against any loss, expense
and liabilities which it may incur arising out of or in the exercise or performance of its
powers and duties hereunder, including the costs and expenses (including attorneys fees)
of defending against any claim of liability, but excluding liabilities due to the
Dissemination Agent's negligence or willful misconduct. The obligations of the Issuer
under this Section shall survive resignation or removal of the Dissemination Agent and
payment of the Bonds.
SECTION 12. Beneficiaries. This Disclosure Certificate shall inure solely to the
benefit of the Issuer, the Dissemination Agent, the Participating Underwriters and
Holders and Beneficial Owners from time to time of the Bonds, and shall create no rights
in any other person or entity.
-7-
EXHIBIT A
NOTICE TO REPOSITORIES OF FAILURE TO FILE ANNUAL REPORT
Name of Issuer: Iowa City, Iowa
Name of Bond Issue: $7,020,000 General Obligation Bonds, Series 2005A
Dated Date of Issue: March 29, 2005
NOTICE IS HEREBY GIVEN that the Issuer has not provided an Annual Report with
respect to the above-named Bonds as required by Section 3 of the Continuing Disclosure
Certificate delivered by the Issuer in connection with said Bonds. The Issuer anticipates
that the Annual Report will be filed by
Dated:
IOWA CITY, IOWA
By:
Mayor
ATTEST:
By:
City Clerk
EXHIBIT B
Nationally Recognized Municipal Securities Information Repositories currently approved
by the Securities and Exchange Commission:
Bioomberg Municipal Repository
100 Business Park Drive
Skillman, New Jersey 08558
Phone: (609) 279-3225
Fax: (609) 279-5962
http://www.bloomberg.com/markets/municipal-contactinfo.html
DPC Data Inc.
One Executive Drive
Fort Lee, NJ 07024
Phone: (201) 346-0701
Fax: (201) 947-0107
http://www.dpcdata.com
Standard & Poor's Securities Evaluations, Inc.
55 Water Street, 45th Floor
New York, NY 10041
Phone: (212) 438-4595
FAX: (212) 438-3975
www.jjkenny.conffjjkenny/pser descrip data rep.html
FT Interactive Data
Attn: NRMSIR
100 William Street
New York, NY 10038
Phone: (212) 771-6999
FAX: (212) 771-7390 (Secondary Market Information)
(212) 771-7391 (Primary Market Information)
http://www, interactive data. c om
440043. I\WPI0714086