HomeMy WebLinkAbout2005-08-16 Resolution Prepared by: Mitchel T. Behr, Asst City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 05-270
RESOLUTION OF INTENT TO CONVEY A 5,941 SQUARE FOOT PARCEL OF
PROPERTY TO ADJACENT PROPERTY OWNERS JOHN H. ROFFMAN AND
JOELLEN S. ROFFMAN AND SETTING A PUBLIC HEARING ON SAID
CONVEYANCE FOR SEPTEMBER $, 2005.
WHERAS, the City needs to acquire 119 sq,uare feet of perma,ne, nt ,,ease.,me,,nt..and 6.13
square feet of temporary easement from Jonn H. Roffman ana Joe~en b. h~orrman Tor
the Mormon Trek Boulevard Extension - Box Culverts Project;
WHEREAS, the Roffmans have accepted the City's offer to purchase said property
nterests at the appraised price of $3.00per square foot on the condition that the City sell
them the 5,941 square foot piece of adjacent City-owned property legally described as
follows, at the Price of $3.00 per square foot, for a total of $17,823.00:
A parcel of land located in the Southeast ¼ of the Southeast ¼ of Section
21, Township 79 North Range 6 West of the Fifth Principal Meridian, in the
City of Iowa City, Johnson County, Iowa, more particularly described as
fo ows Commen,cing at the Ea,s,t ¼corner of said Section 21; thence South
00° (dearees) 27 (minutes) 58 (seconds) West (assumed bearing for the
purp~)se~ of this de'scription) on the East line of the Southeast ~ of said
Section 21 a distance of 905.70 feet; thence South 21°37'46" East, 797.72
feet (799.49 feet record) to the present centerline of Riverside Drive; thence
South 58°02'16'' West on th,e,, present centerline of Riverside Drive, 319.95
feet; thence South 57°17'53 West on the present centerline of Riverside
Drve, 129.81 feet thence South 02001'55'' East 38.37 feet to the present
S,oou, th,e,a.s,,terly r ght-of-way line of Riverside Drive; thence continuing South
02 01 55 East, 50.00 feet to the point of beginning of the parcel herein
· o ..... 47"
described thence North 87 58 05 East, 10.00 feet, thence South 06 53
East, 275.65 feet; thence South 89034'38'' West,. 33.39' feet; thence North
02001'55'' West, 213.72 feet to the point of beginmng.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT:
1. The C ty Count does hereby declare its intent to convey the above-described parcel
of property to the adjacent property owners, John H. Roffman and Joel en S. Roffman.
2. Public hearing on said proposal should be and is hereby set for September 16, 2005
at 7:00 p.m. ~n Emma J Harvat Hall of the City Hall 410 East Washington Street,
Iowa City, Iowa, or if said meeting is canceled atthe next meeting of the Ci.ty Council
thereafter as posted by the City Clerk and that the City Clerk is hereby d~rected to
cause notice of said public heanng to be published as prov ded by law.
Passed and approved this lr~tb, da. of ~t~ ust ., 2005.
ATTEST: "~'~.,-z.,~,.~ ;~_M. ~/~.,) "~
CITY'~LERK
G~
Resolution No. 05-270
Page 2
It was moved by Champion and seconded by Bailey the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
:~ Bailey
x Champion
x Elliott
x Lehman
× O'Donnell
x Vanderhoef
x Wilburn
Zoning Map
P/CI1 '*"'
$~urg~
MUNICIPAL
A/RPOR 1"
] No;~
~ P/Il
J
i ...... RFBH
] Ci1
Easements to be
~acquired by City Parcel to be
acquired by Roffmans
. ~,~
Prepared by: Doug Boothroy, HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5121
RESOLUTION NO. 05-271
RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF A
TWO-FAMILY OWNER-OCCUPIED HOME LOCATED ON LOT 12,
LONGFELLOW MANOR UNDER THE AFFORDABLE DREAM HOME
OPPORTUNITIES PROGRAM, DIRECTING CITY CLERK TO PUBLISH NOTICE
OF SAID HEARING, AND DIRECTING THE DIRECTOR OF HOUSING AND
INSPECTION SERVICES TO PLACE SAID PLANS ON FILE FOR PUBLIC
INSPECTION
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. A public hearing on plans, specifications, form of contract, and estimate of cost for the
construction of the above-mentioned project is to be held on the 6th day of September,
2005 at 7:00 p.m. in Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting
is cancelled, at the next meeting of the City Council thereafter as posted by the City
Clerk.
2. The City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above-named project in a newspaper published at least once weekly and
having a general circulation in the City, not less than four (4) nor more than twenty (20)
days before said hearing.
3. The copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the
Director of Housing and Inspection Services in the Office of the City Clerk for public
inspection by August 22, 2005.
Passed and approved this 16th day of AuAust ,20 05 .
MAYOR
Approved by
CITY'CLERK City Attorney's Office
Hisadm/res/ADHOP-Iongfellow.doc
Resolution No. 05-271
Page 2..
It was moved by Champion and seconded by Bailey 'the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
× Bailey
× Champion
x Elliott
z Lehman
× O'Donnell
× Vanderhoef
~ Wilburn
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 05-272
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR
THE PROPERTY LOCATED AT 1702 CALIFORNIA AVENUE, IOWA CITY,
IOWA,
WHEREAS, on May 30, 2002, the owners executed a Modgage with the City of Iowa
City; and
WHEREAS, the loan has been paid off; and
WHEREAS, it is the City of Iowa City's responsibility to release this lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the
attached Release of Lien for recordation, whereby the City does release the property
located at 1702 California Avenue, Iowa City, Iowa from a Mortgage, recorded May 31,
2002, Book 3305, Page 346 through Page 349 of the Johnson County Recorder's Office.
Passed and approved this 16th day of August ,20 05
Approved by
CITY'CLERK City Attorney's Office
It was moved by Chamoion and seconded by R~y the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Elliott
× Lehman
~; O'Donnell
x Vanderhoef
x Wilburn
Prepared by and retum to: Liz Osbome, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
Legal Description of Property: see below
Mortgagor(s): Rarnon E. Cuellar and Sofia K. Cartos-Cueller
Mortgagee: City of Iowa City
i~ELE~,SE OY L'rEI~'
The City of Iowa City does hereby release the property at 1702 California Avenue, Iowa City,
Iowa, and legally described as follows:
Lot 36 in part I-A Mount Prospect Addition to Iowa City, Iowa, according to the plat
thereof recorded in Book 9, Page 101, Plat Records of Johnson County, Iowa.
from an obligation of the owners, Ramon E. Cuellar and Sofia K. Carlos-Cueller, to the City of
Iowa City represented by a Mortgage, recorded May 31, 2002, Book 3305, Page 346 through
Page 349 of the Johnson County Recorder's Office.
This obligation has been satisfied and the property is hereby released from any liens or clouds
upon title to the above property by reason of said prior reco~
Approved by ~
City Attorney's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this / (~ day of jq~C~T~ , A.D. 20 o~, before me, the undersigned, a Notary Public in
and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me
personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively,
of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is
the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by
authorit), of its City Council, as contained in Resolution No. g..~ --o,~/~, adopted by the City Council on the
day ~ ~ ~,~ T- ,20 ~ ~ and that the said Ernest W. Lehman and Marian K. Karr as such officers
acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and
by them voluntarily executed.
J,,.~ ~,. J SONDRAE FORT J
~O ij~ll. ~.~.J Commission Number 159791 J
'~.~'1 My Cor~mi¥ion Expires I S~"~cJ~"~? ~j~'''~'~
-r6~x-I .~:~/'?/o ~ I Notary Public in and for Johnson County, Iowa
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 05-273
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES
FOR THE PROPERTY LOCATED' AT 326 E. FAIRCHILD STREET, IOWA
CITY, IOWA.
WHEREAS, on May 21, 1997, the owners executed two Mortgages with the City of Iowa
City; and
WHEREAS, the loans have been paid off; and
WHEREAS, it is the City of Iowa City's responsibility to release these liens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the
attached Release of Liens for recordation, whereby the City does release the property
located at 326 E. Fairchild Street, Iowa City, Iowa from two Mortgages, recorded May
30, 1997, Book 2278, Page 80 through Page 84, and Book 2278, Page 85 through Page
89 of the Johnson County Recorder's Office.
Passed and approved this ~th dayof August ,20 05 ·
CiTY'CLERK City Attorney's Office
It was moved by Champion and seconded by Bailey the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
× Champion
× Elliott
;~ Lehman
× O'Donnell
×. Vanderhoef
× Wilburn
Prepared by and retum to: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
Legal Description of Property: see below
Mortgagor(s): Shem/S. Long; Ham/W. and Paulette P. Hinckley
Mortgagee: City of Iowa City
RELEASE OF LIENS
The City of Iowa City does hereby release the property at 326 E. Fairchild Street, Iowa City,
Iowa, and legally described as follows:
The West 40 feet of the South 70 feet of Lot 8 in Block 55 in Iowa City, Iowa, according
to the recorded plat thereof.
It is also agreed that the purchaser accepts easement for the existing water line which
serves No. 326 E. Fairchild Street for which the water pipe goes through the basement
of this house at No. 328 E. Fairchild St., Iowa City, Iowa.
from an obligation of the owners, Sherry S. Long; Harry W. and Paulette P. Hinckley, to the City
of Iowa City represented by two Mortgages, recorded May 21, 1997, Book 2278, Page 80
through Page 84, and Book 2278, Page 85 through Page 89 of the Johnson County Recorder's
OMce.
This obligation has been satisfied and the property is hereby released from any liens or clouds
upon title to the above property by reason of said prior recorded do,,,(~ment.
--I~-AYOR
· _ Appr~.~
.
ATTEST: Ci~CLERK ~/~ ~-~.(.,t~ ~ City Attorney's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
Onthis /~, dayof ~U~-T'" ,A.D. 20~, before me, the undersigned, a Notary Public in and for said County, in
said State, pereonally appeared Ernest W. Lehman and Madan K. Kan', to me personally known, who being by me duly sw~3m, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the
seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the .corporation by
authority of its City Coundl, as contained in Resolution No.o~--~2~$ adopted by the City Council on the I~, day ~ 4~,u~c~,.a Sh- ,
20 ~ ~ and that the said Ernest W. Lehman and Madan K, Kart as such officers acknowledged the execution of said instrument to
be the volunta[y act and deed of said corporation, by it and by them voluntarily executed.
,.~.~ ~. SONDRAE FORT ] Notary Public in and for Johnson County, Iowa
~°1~ ~ Commission Number 159791 I
1' _~ '1 My Co,mmi~ss on Expires
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO.05-274
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIENS REGARDING AN AGREEMENT
AND A SECOND MORTGAGE AGREEMENT FOR THE PROPERTY
LOCATED AT 327 N. JOHNSON STREET, IOWA CITY, IOWA.
WHEREAS, on August 1, 1991, the Promisor, Youth Homes, Inc. executed an
Agreement with the City of Iowa City for use of Community Development Block Grant
Funds; and
WHEREAS, the Promisor, Youth Homes, Inc., executed a Second Mortgage Agreement
with the City of Iowa City; and
WHEREAS, the loan has been paid off; and
WHEREAS, it is the City of Iowa City's responsibility to release this lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the
attached Release of Lien for recordation, whereby the City does release the property
located at 327 N. Johnson Street, Iowa City, Iowa from an Agreement, recorded August
2, 1991, Book 1283, Page 172 through Page 180; and a Second Mortgage Agreement,
recorded January 21, 1992, Book 1318, Page 142 through Page 147 of the Johnson
County Recorder's Office.
Passed and approved this 16th day of August ,20 05
Approved by
CITY CLERK City Attorney's Office
Resolution No. 05-274
Page 2
It was moved by Champion and seconded by Bailey the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
x Champion
x Elliott
× Lehman
× O'Donnell
x Vanderhoef
x Wilburn
Prepared by and Return to: Liz Osbome, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
Legal Description of Property: see below
Mortgagor(s): Youth Homes Inc.
Mortgagee: City of Iowa City
RELEASE OF LIENS
The City of Iowa City does hereby release the property at 327 N. Johnson Street, Iowa City,
Iowa, and legally described as follows:
The south 37 1/2 feet of the north 75 feet of Lots 1 and 2 in Block 37 in Iowa City, Iowa,
according to the recorded plat thereof
from an obligation of the Promisor, Youth Homes Inc.,, to the City of Iowa City represented by
an Agreement, recorded August 2, 1991, Book 1263, Page 172 through Page 180; and a
Second Mortgage Agreement, recorded January 21, 1992, Book 1318, Page 142 through Page
147 of the Johnson County Recorder's Office.
This obligation has been satisfied and the property is hereby rel,~'~rom any liens
up°n title to the above property bY reason of said prior rec°r,~~,
Approved_by
CITY CLERK City Attomey's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this I/~,> day of ~L~LLF,'-t-' , A.D. 20 0_'~ , before me, the undersigned, a Notary Public in and for said County, in
said State, personally appeared Ernest W. Lehman and Marian K. Kart, to me personally known, who being by me duly sw~m, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the
seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by
authority of its City Council, as contained in Resolution No.~-,).'/z~. adopted by the City Coundl on the ~ day ~ .~,Ltr~u ST ,
20 (:, ':g and that the said Ernest W. Lehman and Marian K. Kart as such officers acknowledged the execution of said instrument to
be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
. - Notary Public in and for Johnson County, Iowa
SONDRAE
FORT
I
remission Number 159791 !
My Comr~ission Expires
/?/~' /
Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 05-275
RESOLUTION AUTHORIZING CONVEYANCE OF ALLEY RIGHT-OF-WAY
LOCATED IN THE PENINSULA NEIGHBORHOOD FIRST ADDITION
WHEREAS, The City Council has passed a resolution vacating all of the alley right-of-way within
the Peninsula Neighborhood First Addition;
WHEREAS, conveyance of the alley right-of-way to Peninsula Development LLC, subject to public
utility and access easements, as well as a maintenance agreement, will facilitate installation of
private utilities within private easements rather than public right-of-way;
WHEREAS, the City does not need the vacated right-of-way to provide access to property in the
area; and
WHEREAS, following public hearing the City Council finds the disposition of the subject property
is in the public interest.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, that:
1. Subject to approval of utility easement, access easement and maintenance agreements in
a form approved by the City Attorney's Office, the Mayor and City Clerk are hereby
authorized to execute any and all documents necessary to convey the alley right-of-
way located within the Peninsula Neighborhood First Addition to Peninsula Development
LLC.
Passed and approved this ~ day o~
IgIAYOR
CIT'C'GLERK
City At:t(~r~ey'~I Office
Resolution No. 05-275
Page 2
It was moved by O'Donnell and seconded by Elliott the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Elliott
x Lehman
X O'Donnell
X Vanderhoef
× Wilbum
Prepared by: John Yapp, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (SUB05-00009)
RESOLUTION NO.
RESOLUTION APPROVING FINAL PLAT OF MWD DAVIS ADDITION, A PORTION OF WHICH
INCLUDES A RESUBDIVlSlON OF LOTS 13-17 OF R.H. DAVIS SUBDIVISION, AND A PORTION
OF OLDE OAK LANE IN R.H. DAVIS SUBDIVISION, IOWA CITY, IOWA
WHEREAS, the owner, James R. Davis, Robert A. Davis, and Jan Ellen Smith, filed with the City
Clerk the final plat of MWD Davis Addition, Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson
County, Iowa, to wit:
Commencing at the Center of Section 20, Township 79 North, Range 6 West, of the Fifth Principal Meridian,
Johnson County, Iowa City, Iowa; Thence S89°55'12"W, along the Nodh line of the Southwest Quarter of
said Section 20, a distance of 1073.25 feet, to the Southeast corner of Lot 11 of R.H. Davis Subdivision, in
accordance with the Plat thereof recorded in Book 7, at Page 1, of the records of the Johnson County
Recorder's Office, and the POINT OF BEGINNING; Thence N01°01'58"E, along the Easterly lines of Lot 8,
Lot 9, Lot 10 and Lot 11 of said R.H. Davis Subdivision, 396.57 feet, to the Southwest corner of Lot 12, of
said R.H. Davis Subdivision; Thence S66°18'17"E, along the Southerly line of said Lot 12, a distance of
75.75 feet, to the Southeast corner thereof; Thence N23°47'56"E, along the Easterly line of said Lot 12, a
distance of 199.77 feet, to the SouthWest corner of Lot 18 of said R.H. Davis Subdivision; Thence
S66°14'16"E, along the Southerly line of said Lot 18, a distance of 224.57 feet, to the Southeast corner
thereof; Thence N23°42'17"E, along the Easterly line of said Lot 18, a distance of 129.56 feet; Thence
Northwesterly, 116.96 feet, along said Easterly line, and an arc of a 54.67 foot radius curve, concave
Southwesterly, whose 95.90 foot chord bears N37°35'03"W; Thence N08°35'29"W, 60.00 feet, to a point on
the Northerly Right-of-Way line of Olde Oak Lane; Thence S81°07'37"W, along said Northerly Right-of-Way
line, 291.64 feet, to the Southeast corner of Lot 6 of said R.H. Davis Subdivision; Thence N01°05'35"E,
along the Easterly line of said R.H. Davis Subdivision, 450.59 feet, to the Southwest corner of Auditor's
Parcel No. 2005016, in accordance with the Plat thereof recorded in Book 48, at Page 309, of the records of
the Johnson County Recorder's Office; Thence S88°58'43"E along the Southerly line of said Auditor's Parcel
No. 2005016, a distance of 143.89 feet, to the Southeast corner thereof, and a point on the Southwesterly
Right-of-Way line of Highway No. 218; Thence S31°25'02"E, along said Southwesterly Right-of-Way line,
1304.33 feet; Thence S05°01'05"E, along said Southwesterly Right-of-Way line, 260.12 feet; Thence
S18°17'39"E, along said Southwesterly Right-of-Way line, 497.24 feet, to a point on the East line of the
Southwest Quarter of said Section 20; Thence S00%%d13'40"W, along said East line, 5.60 feet, to its
intersection with the Northerly Right-of-Way line of Highway No. 1; Thence S41°25'36"W, along said
Northerly Right-of-Way line, 349.83 feet; Thence S65°53'59"W, along said Northerly Right-of-Way line,
160.25 feet; Thence S23°39'28"W, along said Northerly Right-of-Way line, 215.98 feet; Thence
S53°53'27"W, along said Northerly Right-of-Way line, 413.23 feet; Thence S41°15'16"W, along said
Nodherly Right-of-Way line, 345,72 feet; Thence S62°03'39"W, along said Northerly Right-of-Way line
345.84 feet, to a point on the West line of the East One-Half of the Southwest Quarter of said Section 20;
Thence N00°16'15"E, along said West line, 1602.95 feet; Thence N89°43'05"E, 250.13 feet; Thence
N00°39'57"E, 321.57 feet, to said POINT OF BEGINNING. Said Tract of land contains 50.05 acres, and is
subject to easements and restrictions of record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
Resolution No.
Page 2
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat and subdivision be accepted and approved; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with the
free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(2005) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The said final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
2. The City accepts the dedication of the streets and easements as provided by law and
specifically sets aside portions of the dedicated land, namely streets, as not being open for
public access at the time of recording for public safety reasons.
3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said
subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after
passage and approval by law. The City Clerk shall record the legal documents and the plat at
the office of the County Recorder of Johnson County, Iowa at the expense of the
ownedsubdivider.
Passed and approved this day of ,20
MAYOR
Approved by
CITY CLERK City Attorney~ Office
It was moved by and seconded by the Resolution be
adopted, and upon roll call thero were:
AYES: NAYS: ABSENT:
Bailey
Champion
EIliott
Lehman
O'Donnell
Vanderhoef
Wilburn
ppdadm/res/MWD Davis-cityplat.doc
Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB05-00016)
RESOLUTION NO.
RESOLUTION APPROVING FINAL PLAT OF OLDE TOWN VILLAGE, IOWA CITY, IOWA.
WHEREAS, the owner, Plum Grove Acres, Inc., filed with the City Clerk the final plat of Old Towne
Village, Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson
County, Iowa, to wit:
Commencing at the Northwest Corner of Section 7, Township 79 North, Range 5 West, of the Fifth Principal
Meridian; Thence S01°00'35"E, along the West Line of the Northwest Quarter of said Section 7, a distance of
971.01, to a Point on the Centerline of Rochester Avenue, and the Point of Beginning; Thence continuing
S01°00'35"E, along said West Line, 327.08 feet, to its intersection with the Southwesterly projection of the
South Line of the Parcel of land Conveyed by Warranty Deed, as Recorded in Deed Book 218, at Page 412
of the Records of the Johnson County Recorder's Office; Thence N74°56'45"E, along said South Line, and
Southwesterly Projection, 183.63 feet, to the Southeast Corner thereof; Thence N01°00'35"W, along the East
Line of said conveyed parcel, and the Northerly projection thereof, 332.83 feet, to a Point on the Centerline of
said Rochester Avenue; Thence Northeasterly, 80.00 feet, along said Centerline on a 5729.58 foot radius
curve, concave Southeasterly, whose 80.00 foot chord bears N74°32'45"E; Thence N74056'45"E, along said
Centerline, 653.38 feet, to the Northwest Corner of Lot 1 of Tegler Subdivision, in accordance with the Plat
thereof Recorded in Plat Book 25 at Page 42, of the Records of the Johnson County Recorder's Office;
Thence S00°13'30"E, along the West Line of said Lot 1, a distance of 324.66 feet, to a Point on the North
Line of the Tract of Land conveyed by Warranty Deed, as Recorded in Deed Book 1034 at Page 25, of the
Records of the Johnson County Recorder's Office; Thence S89°40'16"W, along the North Line of said
Conveyed Parcel, 106.04 feet, to the Northwest Corner thereof; Thence S00°22'52"E, along the West Line of
said Conveyed Parcel, 404.72 feet, to the Southwest Corner thereof; Thence N89°39'39"E, along the South
Line of said Conveyed Parcel, 225.26 feet, to the Northwest Corner of Lot 2, of said Tegler Subdivision;
Thence S00°15'22"E, along the West Line of said Lot 2, a distance of 400.00 feet, to the Northeast corner of
Amended Auditor's Parcel 2005039, in accordance with the Plat thereof Recorded in Plat Book 49, at Page
218, of the Records of the Johnson County Recorder's Office; Thence S89°44'38"W, along the North Line of
said Amended Auditor's Parcel 2005039, a distance of 61.48 feet, to the Northwest corner thereof; Thence
S00015'22"E, along the West Line of said Amended Auditor's Parcel 2005039, a distance of 187.87 feet, to
the Southwest corner thereof; Thence S53031'01"E, along the South Line of said Amended Auditor's Parcel
2005039, to a Point on the West Line of Lot 2 of said Tegler Subdivision; Thence S00°15'22"E, along said
West Line, 583.02 feet, to the Southwest Corner thereof, and a Point on the Centerline of Lower West Branch
Road; Thence N88°22'18"W, along said centerline, 622.76 feet; Thence N59°15'25"W, along said centerline,
72.59 feet, to its intersection with the Southerly projection of the East Line of Parcel 97040, in accordance
with the Plat thereof Recorded in Plat Book 37, at Page 347, of the Records of the Johnson County
Recorder's Office; Thence N01°00'42"W, along said Southerly Projection and East Line, 531.45 feet, to the
Northeast Corner thereof; Thence S88°59'18"W, along the North Line of said Parcel 97040, a distance of
249.95 feet, to the Northwest Corner thereof, and a point on the East Right-of-Way Line of Scott Boulevard;
Thence N01°00'35"W, along said East Right-of-Way Line, 397.91 feet; Thence Northwesterly, 336.66 feet,
along said East Right-of-Way Line, on a 1050.00 foot radius curve, concave Southwesterly, whose 335.22
foot chord bears N10°11'42"W; Thence N19°22'49"W, along said East Right-of-Way Line, and the
Northwesterly projection thereof, 372.67 feet, to a Point on the Centerline of Rochester Avenue; Thence
Northeasterly, 126.72 feet, along said Centerline, on a 5729.58 foot radius curve, concave Southeasterly,
whose 126.71 foot chord bears N71°39'39"E, to the Point of Beginning. Said Tract of land contains 33.09
acres, more or less, and is subject to easements and restrictions of record.
WHEREAS, the Depar/ment of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
Resolution No.
Page 2
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat and subdivision be accepted and approved; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with the
free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(2003) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The said final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
2. The City accepts the dedication of the streets, easements as provided by law and specifically
sets aside portions of the dedicated land, namely streets, as not being open for public access
at the time of recording for public safety reasons.
3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said
subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after
passage and approval by law. The City Clerk shall record the legal documents and the plat at
the office of the County Recorder of Johnson County, Iowa at the expense of the
owner/subdivider.
Passed and approved this day of ,20
MAYOR
ATTEST: A p,~~ ¢'~//¢'/~,¢-
CITY CLERK City Attorney's Office
It was moved by and seconded by the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
· Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
ppdadmin\res~o~dtownvil.doc
STAFF REPORT
To: Planning and Zoning Commission Prepared by: Robed Miklo
Item: SUB05-00016 Date: July 21, 2005
Olde Towne Village
GENERAL INFORMATION:
Applicant: Three Bulls, LLC
2621 Catskill Court
920 S. Dubuque Street
Iowa City, IA 52245
Contact Person: Casey Boyd
631 5800
Requested Action: Final Plat
Purpose: To create a 10-lot commercial subdivision
and a 39-1ot residential subdivision
Location: South of Rochester Avenue, east of Scott
Boulevard, north of Lower West Branch
Road
Size: 33.3 acres
Existing Land Use and Zoning: Undeveloped, OPDH-8 and CC-2
Surrounding Land Use and Zoning: North: Agricultural, ID-RS and County RS
South: RS-5; residential
East: Residential and Agricultural, County
RS
West: Residential, RS-5 and OPDH/RS-12
Comprehensive Plan: Commercial, residential and open space
File Date: July 1,2005
45-day Limitation Period August 15, 2005
60-day Limitation Period August 30, 2005
BACKGROUND INFORMATION:
This property was annexed into the City in 2001. At that time it was zoned Community
Commercial (CC-2) and Medium Density Single-family Residential (RS-8) with a Conditional
Zoning Agreement that provide specific requirements to guide the development of the property.
Approximately 10 acres is zoned CC-2 and the remaining 21 acres is zoned RS-8. The RS-6
portion of the property currently has approximately 3.92 acres of regulated wetlands and two
sewage lagoons that were used for the Iowa City Care Facility.
The conditions contained in the Conditional Zoning Agreement are:
a. Applicant agrees that preliminary and final plats and site plans for the eventual development
of this property will demonstrate compliance with the neighborhood design policies
contained within the Comprehensive Plan, including the Northeast District Plan, and that the
City will take these policies into consideration during its review of said plats and plans.
b. Applicant agrees that the CC-2 property shall develop in general conformance with the
concept plan attached hereto and incorporated herein. Any subdivision or site plan shall
generally conform to this concept plan and shall be designed to create a Main Street or
Town Square style commercial center. The commercial center shall be designed with a
pedestrian orientation incorporating such features as on-street parking, parking lots behind
buildings, minimal or no building setback from sidewalks and upper floor residential uses.
c. Applicant agrees that prior to the development of the RS-8 property, the applicant or future
property owner shall submit and obtain approval of a Planned Development Housing
Overlay (OPDH), which will adhere to the neighborhood design policies of the
Comprehensive Plan, including the Northeast District Plan.
d. Prior to any plats or development being approved on the property with frontage on Lower
West Branch Road or within 500 feet of Lower West Branch Road, the reconstruction of
Lower West Branch Road must be in a funded year in Iowa City's Capital Improvements
program. Additionally, prior to any plats or development being approved for the property
with frontage on Lower West Branch Road or within 500 feet of Lower West Branch Road,
the Applicant must contribute funds toward the reconstruction of Lower West Branch Road
to the City. The Applicant agrees that the amount of funds to be contributed by Applicant to
City toward the reconstruction of Lower West Branch Road is $86,652.
e. Applicant agrees to dedicate to City 45 feet of right-of-way north of the centerline of
Rochester Avenue along Rochester Avenue.
f. Applicant agrees to dedicate to City 33 feet of right-of-way south of the centerline of Lower
West Branch Road along Lower West Branch Road.
g. Applicant agrees to install curb and gutter and an 8-foot wide sidewalk on the south side of
Rochester Avenue in conjunction with the development of the CC-2 property. Applicant
agrees that it shall bear all expense for these improvements and said improvements shall
be constructed in accordance with the City's specifications.
h. Applicant agrees to provide an easement for a sewer main to serve the Iowa City Care
Facility property.
In February of 2005 a preliminary plat for the entire development and a rezoning and
preliminary OPDH plan for the RS-8 portion of the property were approved. The applicant is
now requesting approval of the final plat for the entire property.
ANALYSIS:
Subdivision design: The final plat is in general conformance with the approved preliminary
plat. Deficiencies and discrepancies are noted at the end of this report. Staff is reviewing
construction drawings and legal papers, which must be approved prior to City Council
consideration of the final plat.
The Conditional Zoning Agreement (CZA) requires that the commercial zone be in general
conformance with the concept plan that was approved when this area was rezoned in 2001.
The Northeast District Plan recommends that this neighborhood commercial center be
developed in a main street or town square design that ensures its compatibility with the
surrounding neighborhood. This includes incorporating features such as on-street parking and
locating parking lots behind buildings. The layout of the streets in the commercial zone
conforms with these requirements of the CZA. At the time of building permit approval for the
individual lots, the site plans will also need to show conformance with the CZA. The OPDH plan
for the residential portions of the property was approved in February and demonstrates
compliance with the CZA.
Open Space: The subdivision and OPDH regulations require the dedication of ¼ an acre of
neighborhood open space or fees in lieu of dedication for this development. Because Outlot A,
the wetland conservation easement, is the storm water facility for this subdivision and because it
will require a high level of maintenance, the Parks and Recreation Commission chose not to
accept the storm water easement and wetland conservation easement. Fees in lieu of dedication
should be addressed in the legal papers for the final plat.
Development fees: A water main extension fee of $395 per acre will be required for this
development. The sanitary sewer fee is $1263 per acre. As required by the CZA the applicant will
contribute $86,652 towards the improvement of Lower West Branch Road, which will provide
vehicular access to the southern portion of this development. These fees are addressed in the
legal papers.
STAFF RECOMMENDATION:
Staff recommends that SUB05o00016, a final plat of Olde Towne Village, a 33.3-acre, 49-1ot
commercial and residential subdivision, located at Scott Boulevard and Rochester Avenue, be
approved subject to staff approval of construction drawings and legal papers prior to City Council
consideration of the final plat.
ATTACHMENTS:
1. Location map
2. Final Plat
Karin Franklin, Dire¢or,
Department of /Planning and Community
Development
CITY OF I0~ CITY ~
~-- , ~. '; !' , ,/ , ,
ID-RS
~~ ~o, ~~ o ~~ - os~.ss
~ ~OC~O~ OId~ Town~ Vill~g~ SUB05-O0016
I Final Plat
~-Olde To,,..~ Village
_~:,.~=.~T-;-' ~ ~,~ ~' Iowa City, Iowa
49 ~ ~:;,.~ ,~,~% ~o,~, .~n ~"~ LEGEND AND NOTES
"~D~
Prepared by: Sunil Terdalkar, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 (SUB05-00017)
RESOLUTION NO. 05-276
RESOLUTION APPROVING FINAL PLAT OF BROOKWOOD POINTE FIRST ADDITION, IOWA
CITY, IOWA.
WHEREAS, the developer, Steve Kohli, filed with the City Cierk the final plat of Brookwood Pointe
First Addition, Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson
County, Iowa, to wit:
THE MIDDLE THIRTY (30) ACRES OF THE FOLLOWING DESCRIBED PROPERTY: THE EAST ¼ OF
THE SOUTHWEST ¼ AND THE EAST FIVE (5) ACRES OF THE WEST ~ OF THE SOUTHWEST ¼ OF
SECTION 23, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TM P.M., MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW ¼) OF SAID
SECTION; THENCE N01°10'23" W, 931.32 FEET ALONG THE EAST LINE OF SAID SW ¼; THENCE
S87°42'07" W 28.25 FEET TO THE WEST RIGHT-OF-WAY LINE OF SYCAMORE STREET AND THE
POINT OF BEGINNING; THENCE CONTINUING S87°42'07" W, 1369.72 FEET TO THE WEST LINE OF
THE EAST 5 ACRES OF THE WEST ~ OF SAID SW ¼; THENCE N01°03'57" W 931.55 FEET ALONG
SAID WEST LINE TO THE SOUTH LINE OF AUDITOR'S PARCEL "A" (BOOK 34 PAGE 243); THENCE
N87°42'03" E, 1367.01 FEET ALONG THE SOUTH LINE OF SAID PARCEL "A" AND THE SOUTH LINE
OF HOLLYWOOD MANOR PARTS 6, 7, AND 8 TO THE WEST RIGHT-OF-WAY LINE OF SOUTH
SYCAMORE STREET; THENCE S01°13'58" E, 931.52 FEET ALONG THE WEST RIGHT-OF-WAY LINE
TO THE POINT OF BEGINNING, CONTAINING 29.257 ACRES MORE OR LESS, AND IS SUBJECT TO
ALL EASEMENTS AND RESTRICTIONS OF RECORD.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat and subdivision be accepted and approved; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with the
free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(2003) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The said final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
2. The City accepts the dedication of the streets, easements as provided by law and specifically
sets aside portions of the dedicated land, namely streets, as not being open for public access
at the time of recording for public safety reasons.
Resolution No. 05-276
Page 2
3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said
subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after
passage and approval by law. The City Clerk shall record the legal documents and the plat at
the office of the County Recorder of Johnson County, Iowa at the expense of the
ownedsubdivider.
Passed and approved this 16th day of ,20 05 ·
Approved by
CITY'CLERK dit~ ~tt&rneyrs Office '
It was moved by ch.~pion and seconded by O'~)onnel~ the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
ppdadmin~res~typlat-SUB05~O0017.dcc
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Sunil Terdalkar
Item: SUB05-00017 Date: July 25, 2005
Brookwood Pointe First Addition
GENERAL INFORMATION:
Applicant: Steve Kohli
3129 Dubuque St NE
Iowa City IA 52240
Contact Person: Grant Finch
Van Winkle Jacob
2570 Holiday Road
Coralville, IA 52241
Phone: (319) 338-4939
Requested Action: Subdivision Final Plat
Purpose: Development of Brookwood Pointe subdivision
First Addition
Location: South Sycamore Street - to the north of South
Point Subdivision
Size: Approximately 29.26 acres
Existing Land Use and Zoning: Undeveloped part RS-5 and part RS-8
Surrounding Land Use and Zoning: North: Residential - RS-5
South: Residential - RS-8
East: Residential- RS-5
West: Park and undeveloped - P and OPDH-5
Comprehensive Plan: small lot single family and/or duplex
File Date: 07/26/05
45 Day Limitation Period: 09/09/05
60 Day Limitation Period: 09/27/05
BACKGROUND INFORMATION:
The applicant, Steve Kohli, is requesting approval for the final plat of Brookwood Pointe First
Addition, a 23-1ot residential development on approximately 29.26 acres. The preliminary plat for
the overall development of Brookwood Pointe Subdivision was approved on June 7, 2005 by the
City Council.
ANALYSIS:
The final plat as submitted is in general conformance with the approved preliminary plat. As part
of the overall development of the Brookwood Pointe Subdivision, the First addition will consist of
lots 1 to 23 for residential development (approximately 6.1 acres) with Outlot A (approximately
1.37 acres) reserved for storm water basin and Outlot B (approximately 21.79 acres) for future
development. Construction plans have been submitted and are being reviewed by the City
Engineer. Legal papers need to be submitted for review by the City Attorney and the City
Engineer.
STAFF RECOMMENDATION:
Staff recommends approval for SUB05-00017, a final plat for Brookwood Pointe First Addition, a
23-1ot, approximately 29.26-acre residential development located on the South Sycamore Street,
subject to staff approval of legal papers and construction drawings prior to City Council
consideration.
ATTACH MENTS:
1. Location Map
2. Final plat
Approved by: ~~
Robert Miklo, Senior Planner,
Department of Planning and Community Development
ppdadmin~stfrep~sub05-00017 brcokwood pointe first addition
Grant
Wood
~qchool P
/e th erb.,v D~ L*K~S~O~
Park
ID-RM ID-RS
OPDH5
RS5
RS8
CITY OF IOWA CITY CORf'ORATE LIMITS
SITE LOCATION: Sycamore Street SUB05-00017
FINAL PLAT
BROOKWOOD POINTE FIRST ADDITION
CITY OF IOWA CITY, IOWA
~ ~ (05425)
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 05-277
RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME
LOCATED AT 2434 ASTER AVENUE TO A PUBLIC HOUSING PROGRAM
TENANT,
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing
Authority; and
WHEREAS, the Iowa City Housing Authority owns a single family home located at 2434 Aster
Avenue, also known as Lot 20, Whispering Meadows Subdivision Part One; and
WHEREAS, a public housing program tenant has offered to purchase the home at 2434 Aster
Avenue for the principal sum of $110,000, which is the appraised value of the property; and
WHEREAS, this sale would provide the opportunity for a Iow-income family to obtain ownership
of their own home; and
WHEREAS, on August 2, 2005, the City Council adopted a Resolution declaring its intent to
convey its interest in 2434 Aster Avenue, authorizing public notice of the proposed conveyance,
and setting the date and time for the public hearing; and
WHEREAS, following the public hearing on the proposed conveyance, the City Council finds
that the conveyance is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that:
1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to
execute a warranty deed conveying the City's interest in 2434 Aster Avenue, legally
described as Lot 20, Whispering Meadows Part One, Iowa City, Iowa, to a public housing
program tenant. The Mayor and City Clerk are further authorized to execute a second
mortgage agreement and resale agreement with said family in an amount not to exceed
$27,500.
2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any
actions necessary to consummate the conveyance required by law.
Passed and approved this t6tt~day of Auust , 2005.
Approx. d_,by
ATTEST: '~.~:,~.-,~ /~ ~-'~ ~ ~ ~-~"-°F
CITY'CLERK City Attorney's Office
Resolution No. 05-277
Page 2
It was moved by ¢~omp4 ~. and seconded by Bailey the Resolution be
adopted, and upon roll ~.~'~r-(~'were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x EIliott
× Lehman
x O'Donnell
× Vanderhoef
;~ Wilburn
Prepared by: Ross Spitz, Civil Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149
RESOLUTION NO. 05-278
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE JC
DogPAC DOG PARK PROJECT, ESTABLISHING AMOUNT OF BID SECURITY
TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH
ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT
OF BIDS.
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of
cost for the above-named project was published as required by law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The plans, specifications, form of contract and estimate of cost for the above-named
project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for
the construction of the above-named project in a newspaper published at least once
weekly and having a general circulation in the city.
4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the
Office of the City Clerk, at the City Hall, until 10:30 a.m. on the 13"~ day of September,
2005, or at a later date and/or time as determined by the Director of Public Works or
designee, with notice of said later date and/or time to be published as required by law.
Thereafter the bids will be opened by the City Engineer or his designee, and thereupon
referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next
meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on
the 20'" day of September, 2005, or at a later date and/or time as determined by the
Director of Public Works or designee, with notice of said later date and/or time to be
published as required by law, or if said meeting is cancelled, at the next meeting of the
City Council thereafter as posted by the City Clerk.
Passed and approved this ~Ar~ dayof August ,20 05
Approved by
CITY CLERK ' oily Attorney s Office
Pweng/res/app&s~)ogPAC.doc
Resolution No. 05-278
Page 2
It was moved by Bailey and seconded by Wilburn the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
× Champion
× Elliott
Lehman
× O'Donnell
× Vanderhoef
~' Wilburn
Prepared by: Steve Rackis, Hsg. Administrator, 410 E. Washington St., Iowa City, IA 52240 319-356-5407
RESOLUTION NO. 05-279
RESOLUTION APPROVING THE PUBLIC HOUSING ASSESSMENT SYSTEM
MANAGEMENT OPERATIONS CERTIFICATION OF THE IOWA CITY HOUSING
AUTHORITY FOR FY05.
WHEREAS, the Public Housing Assessment System (PHAS) implements 42 U.S.C. §1437d(j)
and evaluates the performance of public housing agencies (PHAs) in major areas of management
operations; and
WHEREAS, the Department of Housing and Urban Development requires formal approval of a
written certification showing compliance with federal regulations; and
WHEREAS, said written certification is on file in the office of the Housing Administrator; and
WHEREAS, it is in the best interest of the City of Iowa City to continue participation in the Public
Housing Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, in its capacity as the City of Iowa City Housing Authority that the PHAS Certification
be approved.
Passed and approved this ! 6th day of Au_~ust ,20 05 ·
Approved by
CITY-CLERK City Attorney's Office
It was moved by ~h~,~p~,~,~ and seconded by Bailey the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
× Bailey
× Champion
;~ Elliott
x Lehman
O'Donnell
'~ Vanderhoef
;~ Wilburn
g:\data\wpdata~hisasst~res~phascer.doc
Prepared by Norm Cate, Housing and Inspection Services, Senior Housing Inspector, City of Iowa City, 356-5137
RESOLUTION NO. 05-280
RESOLUTION ESTABLISHING FEES FOR SERVICES AND ACTIVITIES OF THE IOWA
CITY HOUSING AND INSPECTION SERVICES DEPARTMENT
WHEREAS, the City of Iowa City Housing Code provides for inspection and licensing of all multiple
dwellings, fraternity/sorority houses, rooming houses, duplexes, and single-family rental dwellings; and
WHEREAS, the payment of the aforementioned fees is necessary to offset the administrative costs of such
activities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
1. The fee schedules for the services and activities of the Iowa City Housing and Inspection
Services Department shall be adopted and effective January 1, 2006.
2. The amended fees for rental permits and reinspections as part of the Iowa City Housing Code be
adopted as follows:
$120.00 per structure
$16.00 per dwelling unit
$ 6.00 per bedroom
$ 60.00 reinspection fee
$ 50.00 "No Show for Inspection" fee
$100.00 Fraternity/Sorority fire-safety inspection fee
3. This resolution repeals all previous resolutions regarding the schedule of said fees.
Passed and approved this 16th day of August ,2005~~e~,~''- ~ L/~ ~Vt,. ~, ~
MAYOR
CITY'CLERK CITY ATTORNEY'S OFFICE
It was moved by R~i 1 ~y and seconded by n'1¥~,~,~,~33 the Resolution be adopted, and upon
roll call there were:
AYES NAYS ABSENT
Bailey
× Champion
× Elliott
× Lehman
× O'Donnell
X Vanderhoef
× Wilburn
X
ncate$'citynt'(u:)resolutionforfeeincrease
H.I.S. Rental Division Present Status
August 4, 2005
Approximately 175 single family dwellings, identified primarily through utility records as
probable rentals, are unable to be scheduled for inspection due to staffing level. Projected
revenue from these dwellings would be approximately $8,000 per year.
Maximum number of rental structures we can effectively inspect per month is 105. In
addition we average 130 HQS annual and new start inspections and 70 re-inspections per
month. Inspecting more than 105 structures a month negatively impacts our response time to
nuisance and zoning code complaints. Currently our monthly rental structure totals are as
follows:
*July 2005 148 structures
*August 2005 104 structures (plus significant increase in HQS new start inspections)
*September 2005 135structures
*October 2005 107 structures
*November 2005 110 structures
December 2005 70 structures
January 2006 82 structures
February 2006 101 structures
March 2006 89 structures
April 2006 100 structures
*May 2006 120 structures
*June 2006 110 structures
Asterisked months are now full and closed to new permits. New rental properties coming on-
line in those months will have their permit expiration dates extended beyond current
requirements to months not yet full.
How we got here
1. Community growth and the enforcement of newly adopted ordinances have significantly
added to the division's workload. Since the division's last staff addition in 1992, the
number of rental units has increased by 4,100 units, or 37%. Currently there are 16, 017
rental units in Iowa City, with more than 350 multi-family units coming on-line in the
next 6-12 months.
2. In addition, in the mid 90's our division moved single family and duplex structures from
a four year inspection cycle to a three year inspection cycle, increasing the number of
those units inspected annually by roughly 15%. Consequently, the overall amount of
rental units inspected annually by each inspector has increased by over 50% since our last
hire.
3. H.I.S also investigates zoning, nuisance and housing complaints. In 1993, this department
investigated 599 complaint cases. In 2004, 1,386 complaint cases were investigated, a
131% increase in the number of complaint cases investigated annually since 1993.
4. With the adoption of the Informational Disclosure and Acknowledgement form ordinance
in 2002 and the nuisance property ordinance in May of 2003, neighborhood groups
significantly raised their expectations of heightened enforcement by our division.
5. Since the September 2003 implementation of 14-5E-16 to the housing code (nuisance
property section) our division has issued 400 criminal complaint notices of violation,
mostly for disorderly house. Twenty seven code compliance settlement meetings have
been conducted at City Hall for those properties that have had two violations within a
twelve month period.
6. In addition we are now four months away from completing a three year, staff intensive
project to determine the maximum occupancy of every rental unit in Iowa City.
What we have done to effectively meet our responsibilities
1. In 1992, H.I.S. computerized its data entry. Over thc years as this automation has
evolved, it has considerably increased our production. Current plans for inspectors to be
"on-line" in thc field will further enhance our efficiency.
2. Through more than twenty years of rental inspection cycles, most structures now meet
our minimum housing code standards. As we roll through these inspection cycles,
managers and property owners have become more familiarized with our inspection
routine, thereby minimizing inspector time in thc field.
3. In addition, we implemented four operational changes in 2004 designed to enhance staff
efficiency while still providing an adequate level of safety. Thc operational changes arc:
(a) Self-certification of owner-occupied units in structures requiring a rental
permit.
(b) Random unit inspections in multi-family buildings of twelve or more units.
(c) Inspection minimization on new buildings
(d) Focus reinspection on fire/life-safety items and significant maintenance items.
Outlook
The fire-safety/life-safety of Iowa City rental property will always be our highest priority.
Though we have achieved success in economizing our enforcement efforts, the implementation
and enforcement of our new ordinances, along with sustained growth, overwhelms whatever
gains made with our operational changes. Our ability to respond to zoning and nuisance
complaint investigations, such as junk, garbage, inoperable vehicles, parking on grass and over-
occupancy has already been compromised. As additional properties are added to our schedules,
our ability to respond will be further eroded.
As of now there are seven months that exceed our carrying capacity and we can no longer
schedule additional rental permits for those months. Therefore, new rental properties are having
their permit expiration dates extended beyond current renewal requirements. In addition, there are
over 80 duplex and multi-family structures coming on-line within the next 6-12 months, thus
further reducing the carrying capacity of available months. While we continue to improve our
policies and procedures to be as efficient and effective as possible, without additional staff, we
are out of options.
CITY OF IOWA CITY
MEMORANDUM
Date: February 23, 2005
To: Steve Atkins
From: Norm Cate, Senior Housing Inspector, H.I.S.
Re: Response to letter from Greater Iowa City Apartment Association to City Council,
dated February 15, 2005
This memo is in response to the Greater Iowa City Apartment Association (GICAA)
letter, dated February 15, 2005, asking for the City Council to "deny the proposal
from the Rental Housing Division for an increase in Rental Permit Fees".
To be clear, there is no proposed fee schedule listed in the budget. The Housing and
Inspection Department has requested an additional housing inspector in the budget.
If the position were approved, the building and housing divisions would then request
by resolution an increase in both building and rental permit fees to fund the position.
Any fee increase would directly fund the additional inspector. In response the GICAA
question of where current revenues go, all revenue generated from the past two fee
increases go toward fully funding the housing inspection budget. The Fee schedule
is directly proportional to the division's budget and no more.
GICAA states the reason for the increase is the volume of rental units. That is only
part of the basis for an additional staff position. H.I.S also investigates zoning,
nuisance and housing complaints. For the year of 1993, this department investigated
599 complaint cases. In 2004, 1,386 complaint cases were investigated, a 131%
increase in the number of complaint cases investigated annually since 1993.
Additionally, City Council in 2002 adopted the Informational Disclosure and
Acknowledgement Form ordinance at the recommendation of the Neighborhood
Housing Relations Task Force (NHRTF). This ordinance requires staff to identify the
maximum unrelated occupancy of every rental unit in Iowa City. This project has
required staff in many cases to investigate all past property records to determine a
unit's maximum occupancy. This long, contentious and at times pain-staking process
has significantly increased the staff time invested in renewing rental permits and in
defending its determinations.
Furthermore, City Council passed the Nuisance Property Amendment ordinance on
recommendation of the NHRTF in May of 2003. Since the adoption of that ordinance,
320 criminal complaint notices of violation have been issued to tenants and landlords
in Iowa City. Twenty of the notices have been for second offense violations of the
ordinance, resulting in Code Compliance Settlement Meetings involving
tenants/landlords and police and housing officials. Meetings are conducted at City
Hall at which time tenants and landlords agree in writing to certain conditions for
continuing occupancy.
The NHRTF recommendations to City Council also included the request for
additional staff to meet the demands created by adoption of these ordinances. In a
memo to City Council from the City Manager in August of 2002, the City Manager
August 8, 2005
Page 2
states "adoption of some of these proposals without proper funding will result in their
failure."
It has been 13 years since H.I.S. rental inspection division has increased its staff. In
that time an additional 4,000 rental units have been added so that today there are
15,900 rental units in the inspection program, a 33.6% increase in the number of
rental units. In addition to the increase in the number of rental units since 1992,
single family structures were moved from a four year to a three year inspection cycle
in 1994, increasing the number of inspections of those structures by more than 200
annually.
In its letter, GICAA states that the City Council, City Manager and H.I.S. have not
done enough to economize the inspection process. In a memo to City Council in
November of 2003, H.I.S outlined four time-saving operational changes it proposed
to implement as a stop-gap measure for a year to assess their effectiveness. Those
four operational changes, especially the self-certification of owner-occupied units
within a rental structure, minimized inspections of new multi-family buildings and
reinspections only for life-safetyfiire-safety and major maintenance items have
proven to be successful in economizing staff time.
GICAA gives three options in their letter to "decrease overall labor hours without
increasing safety and health risks."
1. Duplexes where one unit is owner-occupied and the other is rental be dropped
from the rental inspection program. It is their opinion that "where owner-occupied
oversight exists on a property, there is a decreased safety risk."
H.I.S. strongly believes this is a false and potentially dangerous assumption. On the
afternoon of December 4, 2004, a fire occurred at a duplex on 829 Dover St.
Thankfully the five occupants escaped the rental unit unharmed prior to the fire
department's arrival and the unit sustained heavy smoke and fire damage. The other
unit, an owner-occupied unit, sustained minor smoke damage. This example
amplifies the fact that there is no decrease in life-safety/fire-safety risk "where owner-
occupied oversight exists on a property".
2. Buildings that are more than 75% owner-occupied be inspected on a five-year
basis. GICAA again states that ownership oversight lowers the life-safety/fire-
safety risk.
H.I.S. believes this is another false and potentially dangerous assumption. Our
inspections reveal that many life-safety/fire-safety items, such as inoperable
emergency lights, inoperable illuminated exit signs, non-functional fire doors, un-
inspected fire and sprinkler systems, are cited in multi-family structures, even those
with a high percentage of owner-occupied units. Allowing an additional three years
between inspection seriously compromises the overall life-safety/fire-safety integrity
of these buildings.
3. Allow landlords to skip future inspections if two cycles of scheduled inspections
reveal "no major health and safety violation."
H.I.S. believes there is large majority of landlords and property managers in Iowa
City that have an outstanding record in managing and maintaining their buildings.
One of our implemented policy changes allow landlords of multi-family buildings of
twelve or more units to self-inspect their properties prior to the rental inspections and
August8,2005
Page 3
the inspector, at his or her discretion, may inspect only one-half the units. H.I.S. is
willing to propose that if two inspection cycles reveal no violations in a multi-family
structure of twelve or more units, subsequent inspections would be limited to
common areas only, as long as the landlord completes the self-certification
document and the inspector noted no deteriorated conditions.
In summation, GICAA states their options to reduce costs pose "no safety or health
risks" and adoption of their options will result in a "reasonable, consistent and cost-
effective" department. H.I.S. asserts that these options, if implemented, would pose a
significant life-safety/fire-safety risk. Further, collected testimony from the "How are
We Doing" survey given to you on a quarterly basis documents that the service H.I.S.
provides is fair, reliable and efficient in its implementation of the rental program.
In a recent three-part investigative report of rental housing programs in Eastern Iowa
by the Cedar Rapids Gazette, Iowa City was shown to have the most effective and
pro-active rental housing program in the area. To quote the November 23, 2004
Gazette article, "The Gazette's review of inspection records showed that Iowa City
managed to inspect twice as many rental units as Cedar Rapids in January through
May 2004 with the same number of inspectors: five. Iowa City inspected 2,067 units
at 490 properties. Cedar Rapids inspected 1,034 units in 463 properties, although it
was checking more than normal to erase its backlog."
H.I.S. believes that in the past year and a half it has maximized its options to
economize the rental inspection process without significantly increasing the general
life-safety/fire-safety risk to the public. While we are always looking for ways to be as
efficient and effective as possible, all the paste has been squeezed from the tube.
Additional erosion of the inspection process will come with public safety risk. Without
the addition of a staff' position, the department will be forced to reduce its level of
service, resulting in the failure of both the recently adopted NHRTF initiatives and the
department's ability to respond to nuisance and zoning complaints.
~:~ 08-16-05 I
15
Prepared by: Anissa Williams, A~sociate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5254
RESOLUTION NO. 05-281
RESOLUTION ESTABLISHING THE NAME OF TWO LOCAL STREETS; ONE LOCATED
BETWEEN SYCAMORE STREET AND KOUNTRY LANE AND THE OTHER LOCATED
BETWEEN THE AFOREMENTIONED UNNAMED STREEET AND THE ENTRANCE TO THE
IOWA CITY KICKERS SOCCER PARK
WHEREAS, a recommendation has been made to name the east-west City local street
connecting Sycamore Street and Kountry Lane "Lehman Avenue";
WHEREAS, a recommendation has been made to name the north-south City local street
connecting "Lehman Avenue" and the Iowa City Kickers Soccer Park "Soccer Park Road"; and
WHEREAS, the City Council finds "Lehman Avenue" and "Soccer Park Road" to be
appropriate names for said streets.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The east-west local street connecting Sycamore Street and Kountry Lane is hereby named
"Lehman Avenue".
2. The north-south local street connecting "Lehman Avenue" and Iowa City Kickers Soccer Park
is hereby named "Soccer Park Road".
3. The City Clerk is directed to certify a copy of this Resolution and to file it with the Johnson
County Recorder, the Johnson County Auditor and the City Assessor.
Passed and approved this 16th day of August , 20 05 ·
MAYOR
Approved_.~by
CITY ~LERK ' City Attorney's(/Office
Resolution No. 05-28
Page 2
It was moved by ~ ~h,,~,~ and seconded by ~ the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
~; Bailey
× Champion
× Elliott
× Lehman
× O'Donnell
× Vanderhoef
× Wilburn
I !
Prepared by: Dan Scott, Sr. Civil Engineer, 410 E. Washington St., Iowa City, iA 52240 (319)356-5144
RESOLUTION NO. 05-282
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO A'I-rEST A CONTRACT FOR
CONSTRUCTION OF THE IOWA CITY LANDFILL FY06 CELL CONSTRUCTION
PROJECT.
WHEREAS, JB Holland Construction of Decorah, Iowa has submitted the lowest responsible bid
of $1,249,91 8.53 for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the construction of the above-named project is hereby awarded to
JB Holland Construction, subject to the condition that awardee secure adequate
performance and payment bond, insurance certificates, and contract compliance program
statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
Passed and approved this i6th day of August ,20 05
CITY CLERK City Attorney's Office .~_~.~/~..~
It was moved by O'Donnell and seconded by Bailey the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
~ Champion
x Elliott
x Lehman
× O'Donnell
x Vanderhoef
X Wilburn
pwengVes~JandfillfyO6cell,doc
ADVERTISEMENT FOR BIDS
FY06 CELL CONSTRUCTION PROJECT
IOWA CITY LANDFILL AND RECYCLING
CENTER
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 10:30
A.M. on the 16th day of August, 2005, or at a later
date and/or time as determined by the Director of
Public Works or designee, with notice of said later
date and/or time to be published as required by
law. Sealed proposals will be opened immediately
thereafter by the City Engineer or designee. Bids
submitted by fax machine shall not be deemed a
"sealed bid" for purposes of this Project.
Proposals will be acted upon by the City Council
at a meeting to be held in the Emma J. Harvat
Hall at 7:00 P.M. on the 16th day of August, 2005,
or at such later time and place as may be
scheduled.
The Project will involve the following:
FY06 Cell Construction at the Iowa City
Landfill and Recycling Center.
All work is to be done in strict compliance with
the plans and specifications prepared by Howard
R. Green Company, 8710 Earhart Lane S.W.,
P.O. Box 900, Cedar Rapids, IA 52409-9009,
which have heretofore been approved by the City
Council, and are on file for public examination in
the Office of the City Clerk.
Each proposal shall be completed on a form
furnished by the City and must be accompanied in
a sealed envelope, separate from the one
containing the proposal, by a bid bond executed
by a corporation authorized to contract as a surety
in the State of Iowa, in the sum of 10% of the bid.
The bid security shall be made payable to the
TREASURER OF THE CITY OF IOWA CITY,
IOWA, and shall be forfeited to the City of Iowa
City in the event the successful bidder fails to
enter into a contract within ten (10) calendar days
of the City Council's award of the contract and
post bond satisfactory to the City ensuring the
faithful performance of the contract and
maintenance of said Project, if required, pursuant
to the provisions of this notice and the other
contract documents. Bid bonds of the lowest two
or more bidders may be retained for a period of
not to exceed fifteen (15) calendar days following
award of the contract, or until rejection is made.
Other bid bonds will be returned after the canvass
and tabulation of bids is completed and reported
to the City Council.
The successful bidder will be required to furnish
a bond in an amount equal to one hundred
percent (100%) of the contract price, said bond to
be issued by a responsible surety approved by the
City, and shall guarantee the prompt payment of
all materials and labor, and also protect and save
harmless the City from all claims and damages of
any kind caused directly or indirectly by the
operation of the contract, and shall also guarantee
the maintenance of the improvement for a period
of two (2) year(s) from and after its completion
and formal acceptance by the City Council.
The following limitations shall apply to this
Project:
Completion Date: June 30, 2006
Liquidated Damages: $1,000.00 per day
The plans, specifications and proposed contract
documents may be examined at the office of the
City Clerk. Copies of said plans and specifications
and form of proposal blanks may be secured at
the Office of Howard R. Green Company, 8710
Earhart Lane S.W., P.O. Box 900, Cedar Rapids,
IA 52409-9009, by bona fide bidders.
A $100.00 non-refundable fee is required for
each set of plans and specifications provided to
bidders or other interested persons. The fee shall
be in the form of a check, made payable to
Howard R. Green Company.
Prospective bidders are advised that the City of
Iowa City desires to employ minority contractors
and subcontractors on City projects. A listing of
minority contractors can be obtained from the
Iowa Department of Economic Development at
(515) 242--4721 and the Iowa Department of
Transportation Contracts Office at (515) 239-
1422.
Bidders shall list on the Form of Proposal the
names of persons, firms, companies or other
parties with whom the bidder intends to
subcontract. This list shall include the type of work
and approximate subcontract amount(s).
The Contractor awarded the contract shall
submit a list on the Form of Agreement of the
proposed subcontractors, together with quantities,
unit prices and extended dollar amounts.
By virtue of statutory authority, preference must
be given to products and provisions grown and
coal produced within the State of Iowa, and to
Iowa domestic labor, to the extent lawfully
required under Iowa Statutes. The Iowa reciprocal
resident bidder preference law applies to this
Project.
The City reserves the right to reject any or all
proposals, and also reserves the right to waive
technicalities and irregularities.
Published upon order of the City Council of Iowa
City, Iowa.
MARIAN K. KARR, CITY CLERK
Prepared by: ~ Scott, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (31 144
RESOLUTION NO.
RESOLUTION CONTRACT AND AUTHORIZING MAYOR TO
SIGN AND ;ITY CLERK TO Al-rEST A FOR
CONSTRUCTION OF IE IOWACITY LANDFILL FY06 ~ISTRUCTION
PROJECT.
WHEREAS, of has submitted the lowest
responsible bid of $ :tion of project.
NOW, THEREFORE, BE IT BY THE CITY JNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the construction project is hereby awarded to
ect to the condition that awardee secure
adequate performance and payment bone surance certificates, and contract compliance
program statements.
2. The Mayor is hereby authorized to si the City Clerk to attest the contract for
construction of the above-named to the condition that awardee secure
adequate performance and ce certificates, and contract compliance
program statements.
Passed and approved this of ,20
MAYOR
Al:
ATTEST:
CITY CLERK
It was moved by __ and seconded by Re Resolution be
adopted, and upon call there were: \t
AYEI NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
pweng\res\landffill
9/99
Prepared by: Dale Helling, Asst. City Mgr., 410 E. Washington St., Iowa City, IA 52240; 319-356-5013
RESOLUTION NO,
RESOLUTION CONCERNING MEDIACOM COMMUNICATIONS CORPORATION'S 2005
UPDATING OF RATES FOR BASIC CABLE SERVICES
WHEREAS, pursuant to the public law and the regulations of the Federal Communications
Commission (FCC), the City of Iowa City, Iowa (City) retains regulatory authority over basic cable
television services provided by Mediacom Communications Corporation [d/b/a MCC Iowa, LLC]
(Mediacom) in the authorized franchise area encompassing the city; and
WHEREAS, by cover letter dated April 28, 2005, Mediacom filed an FCC Form 1240 dated April 29,
2005, for the purpose of updating maximum permitted rates for basic cable programming services
and for requesting and justifying the approval of a rate of $11.81 per subscriber per month (inclusive
of FCC regulatory fees) to be effective on or about August 1,2005; and
WHEREAS, by cover letter dated April 28, 2005, Mediacom filed FCC Form 1205 dated August 1,
2005, and additional information by cover letter dated June 16, 2005, for the purpose of updating
maximum permitted rates for cable equipment installations and rentals and requesting and justifying
adjustments to rates charged for such services to be effective on or about August 1, 2005; and
WHEREAS, in the exercise of its regulatory authority, the City has reviewed these filings and has
determined that Mediacom's FCC Form 1240 requested maximum permitted rate was appropriately
established; that Mediacom's requested rate for basic cable services is reasonable; that Mediacom's
FCC Form 1205 calculated maximum permitted rates were appropriately established; and, that the
requested rates for equipment installations and rental are reasonable; and,
WHEREAS, the findings from the City's review of these filings are presented in a report prepared by
the City's consultant, Rice Williams Associates, which is attached to and incorporated by reference
in this Resolution.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. Mediacom's requested rate of $11.81 per subscriber per month [inclusive of FCC regulatory
charges] for basic service tier cable programming service is approved to become effective
on billings rendered after August 1, 2005.
2. Mediacom's FCC Form 1240 as amended by Rice Williams Associates shall be utilized for
the starting points of Mediacom's next FCC Form 1240 filing with the exception that
Mediacom may include the FCC regulatory fee consistently within the filing if desired.
3. Mediacom's proposed rates for equipment installations and rentals as indicated on its
"Summary of Rates" attachment to its FCC Form 1240 filing are approved to become
effective on billings rendered after August 1, 2005.
Resolution No.
Page 2
4. Mediacom is directed to review the official FCC Form 1240 and FCC Form 1205 filing
instructions to ensure that its future FCC Form 1240 and 1205 filings provide the full
level of detail and supporting information required by these filing instructions.
Passed and approved this day of ,2005.
MAYOR
Appr~
ATTEST:
CITY CLERK City Attorney's Office
It was moved by and seconded by the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
cabletv\res\mediacomratesdoc
REPORT ON
REVIEW & ANALYSIS OF FCC FORM 1240 & 1205 [2005]
FILED BY
MCC IOWA, LLC
FOR
IOWA CITY, IOWA
JULY 29, 2005
.SUMMARY
This is a review of Federal Communications Commission ["FCC"] Form 1240
dated April 29, 2005 and FCC Form 1205 dated August 1, 2005, filed by MCC Iowa,
LLC ["Mediacom"] relating to the updating of permitted rates for basic tier cable
programming service ["BST"] and equipment installation and rental services which are
regulated by the City of Iowa City, Iowa ["City"]. These filings were transmitted by
Mediacom cover letter dated April 28, 2005, which indicates that price adjustments would
take effect on or about August 1, 2005. Mediacom also provided additional information
pertinent to its FCC Form 1205 filing by'letter dated June 16, 2005. The conclusion of a
review of these materials is that while certain adjustments to Mediacom's calculations
and presentation are necessary and appropriate, Mediacom's maximum permitted rates for
BST programming services [FCC Form 1240] and the maximum permitted rates for
equipment installation and rental services [FCC Form 1205] have correctly been
determined pursuant to FCC regulations and the 2003 Rate Settlement Agreement
between Mediacom and the City [2003 Agreement]. The actual rates that Mediacom
proposes to charge as of August 1, 2005 do not exceed these maximum rates and
therefore are reasonable.
Mediacom's calculations determine a Maximum Permitted Rate ["MPR"] of
$11.8149 per subscriber per month [inclusive of FCC regulatory fees] for BST cable
programming services. However, this level was achieved artificially, rather than as a
direct result of the FCC Form 1240 methodology, by a one time adjustment which is
permitted by the 2003 Agreement. The purpose of this adjustment is to provide
Mediacom with the opportunity to charge an actual rate that is not less than $11.75 per
subscriber per month exclusive of FCC regulatory fees and City franchise fees.
City of Iowa City, Iowa
MCC Iowa, LLC
Review of FCC Form 1240 & 1205
July 29, 2005
Page 2 of 7
Mediacom is proposing notable reductions to some of the current rates for
equipment installation and rental services. As a result of an analysis of materials supplied
pursuant to a request for additional information, a slight error was discovered in
Mediacom's FCC From 1205 development. This had no substantial affect on the
maximum rate determinations. In any event, the rates proposed for equipment installation
and rental services do not exceed the maximum permitted rates determined pursuant to
the FCC regulations.
Accordingly, although Mediacom's FCC Form 1240 presentation must be adjusted
as described herein, the proposed "Operator Selected Rates" shown on Mediacom's
attachment titled "Summary of Maximum Permitted Rate/Operator Selected Rate" are
reasonable. The adjusted FCC Form 1240 and FCC Form 1205 are attached hereto and
are apart of this report.
ANALYSES
The following analyses of Mediacom 's filings assume the accuracy of the limited
information supplied by Mediacom in those filings. No additional information was
obtained for these analyses, and no audit of Mediacom 's books and records has been
done and none of its system cost assumptions has been checked against any independent
sources.
FCC FORM 1240
Pursuant to FCC regulations, cable system operators are permitted to adjust their
rates periodically for increases and decreases in costs relating to retransmission consent
fees, copyright fees, programming costs, certain cable specific taxes, franchise-related
costs, and FCC regulatory fees. On September 15, 1995, the FCC adopted new rules
giving regulated cable operators the option of filing for rate adjustments on an annual
basis instead of the existing quarterly system embodied in the FCC Form 1210.
Subsequently, the FCC issued its instructions and analytical model for the FCC Form
1240 which implements the latest filing rules. Mediacom's predecessor elected this
option in 1996.
City of iowa City, Iowa
MCC Iowa, LLC
Review of FCC Form 1240 & 1205
July 29, 2005
Page 3 of 7
The standard FCC Form 1240 annual filing system examines a stream of historical
costs that have occurred over a period of time, relates this to the revenues actually
collected during the same period and computes a monthly adjustment to apply to a future
rate. The rate to be charged in a future period is developed based on a projected 12
months of costs and the unit rate adjustment, or "true-up," from the historical period is
added to this projected period maximum permitted rate to determine the total maximum
permitted rate to be charged for the future 12 months period. Each subsequent annual
FCC Form 1240 filing will evaluate a historical, or "True-Up Period," and a future, or
"Projected Period," as part of the process of establishing a new maximum permitted rate
for a future 12 months period.
For its year 2005 FCC Form 1240 filing, Mediacom has chosen to establish rates
for the "Projected Period" of August 1, 2005 through July 31, 2006. Pursuant to ~[ 2 of
the 2003 Agreement and the requirements Attachment A thereto, Mediacom must limit its
FCC Form 1240 analyses to only the Projected Period calculations and use certain input
factors to complete those calculations. Accordingly, the "True-Up Period" portion of the
FCC Form 1240 has not been developed in this filing. For this filing, the 2003
Agreement requires that the MPR for the Projected Period be established by first
removing from the prior MPR certain variable cost components to determine a Base Rate.
Estimates of these variable cost components for the Projected Period are determined
pursuant to FCC approved worksheets and these amounts are then combined with the
Base Rate to formulate the MPR that will apply uniformly over the Projected Period. If
necessary to support an actual charge of $11.75 per subscriber per month exclusive of
FCC fees and City franchise fees, the MPR may be increased by an artificial adjustment
in accordance with the 2003 Agreement. In this filing Mediacom elected to make such an
adjustment.
As the first step in the review and analysis of Mediacom's filing, the information
provided by Mediacom was checked against the 2003 Agreement and then was
incorporated into the official FCC Form 1240 analytical model. The results from this
analysis replicated the calculations provided by Mediacom in this year 2005 FCC Form
1240. While this demonstrates that Mediacom's filing is mathematically accurate, it was
noticed that Mediacom did not comply with the procedure specified in the 2003
Agreement for making the adjustment to achieve an MPR of$11.75 exclusive of the FCC
regulatory fee and City franchise fee. Moreover, various components of the Mediacom
FCC Form 1240 filing were inconsistent, and the levels of certain external costs were
curious.
City of Iowa City, Iowa
MCC Iowa, LLC
Review of FCC Form 1240 & 1205
July 29, 2005
Page 4 of 7
The calculation of the 2005 MPR pursuant to the FCC Form 1240 methodology
alone produces an MPR which is less than $11.75 per subscriber per month. To take
advantage of the provisions of the 2003 Agreement that permits raising this MPR to
$11.75, Mediacom made an adjustment to Line I4 of the FCC Form 1240. This
adjustment produces a slight excess in the desired result on Line 19. While this excess
otherwise is de minimus, this adjustment was not made pursuant to the specification of
Attachment A of the 2003 Agreement. Attachment A requires that the adjustment be
made to Line 18, not Line 14.
Furthermore, Mediacom's Worksheet 7 [External Costs] includes the cost of the
FCC regulatory fee of $0.06 per subscriber [Line 708], and this cost is carried forward to
Line I7 and therefore is part of Mediacom's determination of Line 19, the MPR. But
Mediacom's Worksheet 8 [True-up Rate Charged] is stated as only $11.75 for each month
of the True-up Period as is Line A1 [Current Maximum Permitted Rate], levels that do
not include the FCC regulatory fee. This presentation is inconsistent. The Line 708
figure should not include the FCC regulatory fee if it is not shown on Line A1 or on
Worksheet 8. The Worksheet 8 omission is not a problem in this filing made pursuant to
the 2003 Agreement since the True-up Period adjustment is not factored into the
calculations, but this situation highlights the need for consistency in this filing as well as
in future filings.
With respect to this filing, the 2003 Agreement makes it clear that the objective of
the permitted adjustment is to raise the Line 19 MPR to $11.75 exclusive of FCC
regulatory fee and City franchise fee. Mediacom's methodology results in the Line 19
component being $11.8149, a figure that includes the FCC regulatory fee of $0.06. For
the purpose of this particular filing that includes the artificial adjustment on Line 18, the
FCC fee must be eliminated from Worksheet 7, Line 708, to assure consistency within the
filing and with the 2003 Agreement.
Mediacom's presentation of its external costs were not supported by any
supplementary materials or explanations. It was noted that the costs of programming
shown on Line 701 of Worksheet 7 for both the Tree-up and Projected Periods were some
40% of the amounts shown in the previous filing. This suggests that significant changes
to the channel line-up or numbers of channels occurred during the True-up Period and
were anticipated to remain during the Projected Period. However, the channel line-up
attachment provided with the FCC Form 1240 filing showed no changes. Also, the levels
City of Iowa City, Iowa
MCC Iowa, LLC
Review of FCC Form 1240 & 1205
July 29, 2005
Page 5 of 7
of franchise related costs shown on Line 707 were identical to those shown in the prior
filing for both the True-up and the Projected Periods.
While the levels of these external cost figures are curious, they have no affect on
the final determination of the maximum permitted rate due to the workings of the 2003
Agreement. Furthermore, these figures are submitted with a certification of accuracy
upon which the City may rely. Accordingly, it appeared unnecessary to investigate these
costs in more detail for the purposes of this particular filing and so no such additional
analyses were undertaken. However, it is appropriate to remind Mediacom that the FCC
Form 1240 instructions require justification for all of the external costs included on
Worksheet 7 and that additional supporting materials and/or explanations should be
included with its FCC Form 1240 filings.
The Mediacom FCC Form 1240 presentation was adjusted to reflect the above
described changes as follows: the FCC franchise fee cost has been eliminated from
Worksheet 7, Line 708 for consistency with Line A1 and Worksheet 8; Mediacom's Line
14 adjustment was reversed; and, an adjustment of $0.2849 was introduced on Line I8.
The result is a Line 19 MPR of $11.75, exactly pursuant to the 2003 Agreement. This
adjusted FCC Form 1240 must be used by Mediacom for its next FCC Form 1240 filing
with the exception, if Mediacom desires, of including the FCC regulatory fee of $0.06
consistently within the filing [on Line Al, Line 708 and on Worksheet 8].
The proposed rate of $11.75 is consistent with the 2003 Agreement and it does not
exceed the MPR determined by the FCC Form 1240 as adjusted. Accordingly, this rate is
reasonable.
FCC Form 1205
The FCC Form 1205 is used to update charges for renting regulated equipment
[eg., remotes and converters], equipment installations [eg., house wiring, service drops,
extra outlets, service tier changes] and the Hourly Service Charge ["HSC"] for service
calls. Charges established pursuant to this form are based strictly upon the actual cost of
r~gulated equipment and installations plus a reasonable profit. The financial information
utilized in this form is to be derived directly from the operator's general ledger and
subsidiary records that are to be maintained in accordance with generally accepted
City of Iowa City, Iowa
MCC Iowa, LLC
Review of FCC Form 1240 & 1205
July 29, 2005
Page 6 of 7
accounting principles. This form is required to be prepared and submitted on an annual
basis.
As with the Mediacom's FCC Form 1240, this review of Mediacom's FCC Form
1205 filing assumes the accuracy of the information supplied by Mediacom from its
financial books and records and related sources. No audit of Mediacom's books and
records has been done and none of its system cost assumptions has been checked against
any independent sources. As is permitted by FCC regulations, Mediacom's FCC Form
1205 aggregates costs for equipment and installations on a system-wide basis.
The information supplied by Mediacom has been incorporated into an official FCC
analytical model which provides the formulas and format for all the calculations required
for preparation and completion of the FCC Form 1205. It appears that Mediacom has
followed the FCC's analytical format and the results shown on the FCC Form 1205 filing
made by Mediacom match the results obtained from the official FCC analytical model
reconstructed with Mediacom supplied cost data for the purpose of this review.
However, as in prior filings, Mediacom has chosen not to include the minimal
level of supporting information required by the FCC Form 1205 filing instructions.
Among other informational requirements, these instructions provide that:
Note 1: If an expense amount is included on Schedule B for equipment sent out for repair, an appropriate
adjustment to the total labor hours reported on this Form must be made ........... In any case that
an amount is included on Schedule B for work sent out for repair, explain all the adjuslments
made on the Worksheet. This explanation must include the number of hours added on line 6
below as well as a description of and the number of hours added into the charges developed in
Steps C through E.
Mediacom has indicated that Schedule B category of"Other 1" includes costs for "Cont.
Labor &Conv. Maint." Thus, an adjustment to total labor hours must be made and
explained. Mediacom did not include any information with its filing to indicate that any
such adjustment was made or provide the necessary explanation of the adjustment if it
was made. Other missing explanations and the confusion resulting from the fact that the
filing date shown on the FCC Form 1205 was much later than the submission and
certification dates led to a decision to request additional information from Mediacom
regarding its FCC Form 1205 filing.
City of Iowa City, Iowa
MCC Iowa, LLC
Review of FCC Form 1240 & 1205
July 29, 2005
Page 7 of 7
Mediacom provided a timely response to this request for additional information by
cover letter of June 16, 2005 which provided satisfactory explanations and additional
details regarding certain components of the FCC Form 1205 filing as well as a non-
material revised FCC Form 1205. In particular, it was demonstrated that Mediacom does,
indeed, make the required adjustment with respect to the costs of outside converter repair
and contractor services. However, it was discovered with this detail that an error had
been made in this calculation. The 2004 ledger item 520800 [outside contractor services]
of $4,682,908 apparently was slightly transposed to the figure of $4,628.908 for the
purpose of making the necessary adjustment. The correction of this error changes the
Hourly Service Charge determined in Step A from $36.0094 to $35.9915. Mediacom has
proposed to establish the Hourly Service Charge as $32.00, so there is no issue with this
change. Also, this correction causes no other material changes to the maximum permitted
rates determined by Mediacom's FCC Form 1205 filing for standard equipment
installations and rentals. Nonetheless, the fact that there was such an error demonstrates
the need for Mediacom to comply fully with the instructions for preparation of the FCC
Form 1205 by submitting the required supplemental and supporting information with its
annual filings.
In spite of this minor error, it appears Mediacom has determined its maximum
permitted rates for equipment installation and rentals in a fashion consistent with the FCC
regulations. The proposed rates for such services do not exceed the MPR determined by
the FCC Form 1205. Accordingly, these rates are reasonable.
CONCLUSION
Mediacom's choice of an "Operator Selected Rate" of $11.81 per subscriber per
month [inclusive of FCC regulatory charges which will be separately stated on subscriber
bills] to be effective as of August 1, 2005 is reasonable and is consistent with the 2003
Agreement. For the purposes of its next FCC Form 1240 filing, Mediacom should be
ordered to utilize the amended FCC Form 1240 developed by this review as the starting
point for its next FCC Form 1240 filing with the exception of including the FCC
regulatory fee of $0.06 consistently within the filing [on Line Al, Line 708 and
Worksheet 8] if it so desires. The rates and charges shown in Mediacom's FCC Form
1205 have been shown to be reasonable and these adjusted levels may be put into effect
on or about August 1, 2005, as requested.