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Home My WebLink About2005-09-06 Resolution Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 05-283 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: After Hours - 114½ E. College Street Passed and approved this 6th day of September ,20 05 Approved by CIT'C'GLERK (;~t~ Attorney's Office' It was moved by Champion and secOnded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey X Champion x x Elliott Lehman × O'Donnell × Vanderhoef × Wilburn Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 05-284 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wi't,: Union Bar 121E. College Street Passed and approved this 6th day of September ., 20 05 · ATTEST: ~'~/~,~ CITY 'CLERK It was moved by Champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey × Champion Y' Elliott x Lehman x O'Donnell × Vanderhoef X Wilburn X Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-285 RESOLUTION APPROVING THE ACCEPTANCE OF THE DEDICATION OF OUTLOT A, RUPPERT HILLS, AN ADDITION TO THE CITY OF IOWA CITY, IOWA, FOR PUBLIC PARK PURPOSES. WHEREAS, in connection with the final plat of Ruppert Hills subdivision, it was agreed that the developer RayCal Iowa Ltd. would dedicate the 1.5 acre parcel depicted as Outlot A, located at the corner of Benton Street and Miller Avenue, to the City for public park purposes; WHEREAS, the owner of the property, RayCal Iowa Ltd., has submitted a warranty deed to the property to the City; and WHEREAS, City Code provides that the City formally accept the dedication of land by resolution; and WHEREAS, the Parks & Recreation Department recommends the property be accepted, and the City Council finds acceptance of said dedication to be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Acceptance of the above-referenced parcel of property to the City, in a form of conveyance approved by the City Attorney's Office, is hereby approved and authorized. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said dedication. Passedandapprovedthis 6th_dayof ~ember ~MAVOR Approved by // ,... City Attorney's(Office Resolution No. 05-285 Page 2 It was moved by Champion and seconded by O'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey × Champion x Elliott × Lehman X O'Donnell x Vanderhoef X Wilburn Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-286 RESOLUTION APPROVING A CONSENSUAL DUAL AGENCY ADDENDUM TO THE LISTING AGREEMENT FOR COMMERCIAL SPACE AT THE COURT STREET TRANSPORTATION CENTER WITH NAI IOWA REALTY COMMERCIAL WHEREAS, it is a goal of the City of Iowa City to generate as much income as possible for Iowa City Transit; and WHEREAS, after considering competitive proposals, the City has awarded the listing agreement for two commercial spaces in the Court Street Transportation Center to NAI Iowa Realty Commercial; and WHEREAS, a consensual dual agency addendum to the listing agreement is necessary to enable NAI Iowa Realty Commercial to act as agent for both the City and prospective tenants for the two commercial spaces. 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 consensual dual agency addendum to the listing agreement for commercial space at the Court Street Transportation Center with NAI Iowa Realty Commercial, in a form approved by the City Attorney's Office,. Passed and approved this ~th day of September ,20 05 MAYOR Approved by - ' City/~tt'or~'ey ~ Office ' Mitch/D/CSTC/Res re dual agency Resolution No. 0_5-286 Page 2 It was moved by Champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey x Champion x Elliott × Lehman × O'Donnell × Vanderhoef × Wilburn Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 05-287 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TVVO AGREEMENTS, A MORTGAGE AGREEMENT AND AN AMENDMENT TO THE AGREEMENT FOR THE PROPERTY LOCATED AT 2105 BROADWAY STREET AND 2651 ROBERTS ROAD, IOWA CITY, IOWA. WHEREAS, on December 22, 1989, the Promisor, Neighborhood Centers of Johnson County, Iowa executed an Agreement with the City of Iowa City for use of Community Development Block Grant Funds; and WHEREAS, on January 12, 1990, the Promisor, Neighborhood Center of Johnson County, Iowa executed an Amendment to the Agreement and a Mortgage Agreement; and WHEREAS, on July 6, 2001, the Promisor, Neighborhood Centers of Johnson County, Iowa executed an Agreement with the City of Iowa City for use of Community Development Block Grant Funds; and WHEREAS, the terms of. the loans have been satisfied; 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 2105 Broadway Street and 2651 Roberts Road, Iowa City, Iowa from an Agreement, recorded January 15, 1990, Book 1100, Page 234 through Page 240; and an Amendment to the Agreement, recorded JanUary 15, 1990, Book 1100, Page 241 through Page 243; and a Mortgage Agreement, recorded January 15, 1990, Book 1100, Page 244 through Page 247; and an Agreement, recorded September 5, 2001, Book 3128, Page 607 through Page 624 of the Johnson County Recorder's Office. Passed and approved this 6th day of September ,20 05 Resolution No. 05-287 Page 2 It was moved by Champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn Prepared by and retum: Liz Osbome, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Neighborhood Centers of Johnson County, Iowa Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the property at 2105 Broadway Street and 2651 Roberts Road, Iowa City, Iowa, and legally described as follows: See Exhibit A from an obligation of the Promisor, Neighborhood Centers of Johnson County, Iowa, to the City of Iowa City represented by an Agreement, recorded January 15, 1990, Book 1100, Page 234 through Page 240; and an Amendment to the Agreement, recorded January 15, 1990, Book 1100, Page 241 through Page 243; and a Mortgage Agreement, recorded January 15, 1990, Book 1100, Page 244 through Page 247; and an Agreement, recorded September 5, 2001, Book 3128, Page 607 through Page 624 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds recorded upon title to the above property by reason of said prior ~cume/~t. /~ //~ ~-I~IAYOR STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~ day of '~er-c¥.~cn [3,, ,,' , A.D. 20 ~_~ . before me, the undersigned, a Notary Public in and for said County, in said State, personally appear&d Ernest W. Lehman and Maclan K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Coundl, as contained in Resolution No.05 -,2~?, adopted by the City Council on the ~ day ,~-~,~ -) fr~ ~,e ,., 20 ~ c~ and that the said Emest W. Lehman and Marian K. Karr as such officers acknowledged the execution of s~id instrument be the voluntary act and deed of said corporation, by it and by them voluntarily executed. I~°'~ll~ $.I Commission Number 159791 ~ l'-j~."~ My Comrniss~on Expires I Notary Public in and for Johnson County, Iowa I ~"~x-I ~/?/o(~ I EXHIBIT A Legal Description and Street Address of CDBG Assisted Properties 1. Broadway Neighborhood Center A tract of land in the Northeast Quarter of the Nodheast Quarter of Section 22, To,~r~ship 7'9 Range 6 West of the Fifth Principal Meridian. Said tract is part of Block 1, Braverman Center, according to the plat thereof recorded in Book 7, Page 9, Plat records of Johnson County, Iowa. Said tract is described as: Beginning at the southeast corner of said Block 1, Braverman Center; thence N00°26'20"E, 90.00 feet along the east line of said Block 1; thence N89°33'40"W, 220.00 feet along a line parallel to the south line of said Block 1; thence S00°26'20"W, 90.00 feet to a point on the south line of said Block 1; thence S89°33'40"E, 220.00 feet along said south line to the Point of Beginning. Said tract contains 15,800 square feet or 0.45 acres, more or less. Street Address: 2105 Broadway Street, Iowa City, IA 2. Pheasant Ridge Center A tract of land in the north lot of the Final Plan, Mark IV Apartments, (now know as Pheasant Ridge Apartments), Iowa City, Iowa as recorded in Plat Book 9, Page 84 of the Johnson County Recorder's records, described as: Beginning at the southwest corner of the north lot of the Final Plan, Mark IV Apartments, (now known as Pheasant Ridge Apartments), Iowa City, Iowa, as recorded in Plat Book 9, Page 84, of the Johnson County Recorder's records; said point being on the north right-of-way of Robert's Road (formerly known as Mark IV Road) at the west line of said Plan; thence N 4°54'03'' W, 208.38 feet along the west line of said Plan; thence N 89°58'26" E, 163.28 feet parallel to and 5.00 feet south of the south building line of the garage; thence S 0°18'02" E, 73.38 feet; thence N 89°41'34" E, 110.16 feet parallel to and 5.00 feet south of the south building line of the Community Building to a point on the west right-of-way of Bartelt Road (formerly known as Mark IV Road): thence southeasterly 75.74 feet following the west right-of-way of Bartelt Road on a 151.84 foot radius curve, concave northeasterly, with a central angle of 28°34'52" to the north right-of-way of Robert's Road, a point that lies S 26°08'20" E, 74.96 feet from the last described point; thence southwesterly 133.78 feet following the north right-of-way of Robert's Road on a 194.16 foot radius curve, concave northwesterly, to a point that lies S 65°40'38" W, 131.15 feet from the last described point; thence S 85°25'00", 170.07 feet following the north right-of-way of Robert's Road to the Point of Beginning. Said tract contains 45,057 square feet or 1.034 acres, more or less. Street Address: 2651 Roberts Road, Iowa City, IA Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 05-288 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 424 NORTH VAN BUREN STREET, IOWA CITY, IOWA. WHEREAS, on August 21, 2000, the owners executed a Mortgage with the City of Iowa City; and WHEREAS, on February 13, 2001, an Amended Mortgage was executed; and WHEREAS, the terms of the Mortgages are satisfied; 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 424 North Van Buren Street, Iowa City, Iowa from a Mortgage, recorded August 28, 2000, Book 2999, Page 670 through Page 678, and an Amended Mortgage, recorded February 22, 2001, Book 3038, Page 36 through Page 42 of the Johnson County Recorder's Office. Passed and approved this 6th day of September ,20 05 . ATTEST: '~'~--~*~-; 7/~. ~z~ CITY'CEERK City Attorney's Office Resolution No. 05-288 Page 2 It was moved by Champion and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Elliott X Lehman X O'Donnell x Vanderhoef x Wilburn Prepared by and retum: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): James H. and LeAnne J. Dreier Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the property at 424 North Van Buren Street, Iowa City, Iowa, and legally described as follows: The South 60 feet of the North 110 feet of Lot 2, and the South 60 feet of the North 110 feet of the West 20 feet of Lot 1, all in Block 36, Iowa City, Iowa, according to the recorded plat thereof. from an obligation of the owners, James H. and LeAnne J. Dreier, to the City of Iowa City represented by a Mortgage, recorded August 28, 2000, Book 2999, Page 670 through Page 676, and an Amended Mortgage, recorded February 22, 2001, Book 3038, Page 36 through Page 42 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 re~~ ~__~,~~ CITY ~'L--ERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~ day of .~,o,~,~ 17,~ ¢ , A.D. 20 o~ . before me, the undersigned, a Notary Public in and for said County, in said S~te, pemonally appea~ed Emest W. Lehman and Madan K. Ka~, to me pemonally kno~, who being by me duly swom, did say · at ~ey am ~e Mayor and Ci~ Cle~, respectively, of said munidpal ~om6on executing ~e wi~in and foregoing instrument; ~at ~e seal affixed ~ereto is ~e seal of said ~omfion, and ~at ~e ins~ment was signed and sealed on behalf of ~e ~om~on by au~od~ of i~ Ci~ Coundl, as ~n~ined in Resolution No. c~-~[ adopted by ~e Ci~ Coundl on ~e ~ day ~ ~ ~ ~ ~ ~. 20 O~ and ~at ~e said Emest W. Lehman and Madan K. Kaff as su~ offi~rs a~no~edged ~e execution of sai~ ins~ument to ~ ~e volun~ a~ and deed of said ~omtion, by it and by ~em volun~dly executed. I~ ~l Co~ssion Number 1597911 NoU~ Public in and for Johnson Count, Io~ ~J ~J My.Commission ~res / I ~/?/~ .., J Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 05-289 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TVVO MORTGAGES FOR THE PROPERTY LOCATED AT 1164 HOTZ AVENUE, IOWA CITY, IOWA. WHEREAS, on August 23, 2000, the owner executed a Mortgage with the City of Iowa City; and WHEREAS, on December 13, 2000, an Amended Mortgage was executed; and WHEREAS, the terms of the Mortgages are satisfied; 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 1164 Hotz Avenue, Iowa City, Iowa from a Mortgage, recorded August 28, 2000, Book 2999, Page 682 through Page 688, and an Amended Mortgage, recorded January 11, 2001, Book 3029, Page 531 through Page 537 of the Johnson County Recorder's Office. Passed and approved this 6th day of September ,20 o5 Approved by CITY'~.ERK City Attorney's Office Resolution No. 05-289 Page 2 It was moved by Champion and seconded by O'Donnell the Resolution be adopted, and upon ~llcallthe~ were: AYES: NAYS: ABSENT: Bailey Champion EIliott Lehman O'Donnell Vanderhoef Wilburn Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Jeffrey J. Cooper Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the property at 1164 Hotz Avenue, Iowa City, Iowa, and legally described as follows: The West half of Lot 16 in Raphael Place, an Addition to Iowa City, Iowa according to the Plat thereof recorded in Book 1, Page 114, Plat Records of Johnson County, Iowa. from an obligation of the owner, Jeffrey J. Cooper, to the City of Iowa City represented by a Mortgage, recorded August 28, 2000, Book 2999, Page 682 through Page 668, and an Amended Mortgage, recorded January 11, 2001, Book 3029, Page 531 through Page 537 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. Approved by CITY'CLERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Onthis ~ dayof .C~."~.~,F,/ ,A.D. 20 ~ ,beforeme, the undersigned, a Notary Public in and for said County, in said S~te, pemonally appear~ Ernest W. Lehman and Madan K. Kaff, to me pemonally kno~, ~o being by me duly swom, did say · at ~ey am ~e Mayor and Ci~ CleA, mspecQvely, of said munidpal ~omtion exerting ~e ~thin and foregoing instrument; ~at ~e seal affixed ~ereto is ~e seal of said ~omfion, and ~at ~e ins~ment ~s signed and sealed on behalf of ~e ~o~on by au~d~ofi~Ci~undl, as ~n~ined in Resolu~on No.~-~ adopted by the Ci~ Council on ~e ~ day ~,~r , 20 o~ and ~at ~e said Emest W. Lehman and Madan K. Kaff as su~ offi~m a~no~edged ~e execu~on of sald ins~ment to be ~e volun~ act and deed of said ~ra~on, by it and by ~em volun~dly exerted. .,1 SONDRAEFORT ] ~,~ ~ ~-~'~1 Commission Number 159791I ~ ~1 My Comm)ssion ~pims / No~ Public in and for Johnson Count, Io~ Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 05-290 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 903 IOWA AVENUE, IOWA CITY, IOWA. WHEREAS, on April 17, 2003, the owner executed a Mortgage 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 properly located at 903 Iowa Avenue, Iowa City, Iowa from a Mortgage, recorded April 18, 2003, Book 3525, Page 491 through Page 495 of the Johnson County Recorder's Office. Passed and approved this 6th ,day of September ,20 05 . ATTEST: CI~Y ~LERK - City Attorney's Office It was moved by Champion and seconded by ~ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn Prepared by and return: Liz Osbome, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Kara Rayner Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 903 Iowa Avenue, Iowa City, Iowa, and legally described as follows: Commencing at the Northwest corner of Governor Square in Iowa City, Iowa, according to the recorded plat thereof; thence East 80 feet; thence South 80 feet; thence West 80 feet; thence North 80 feet to the place of beginning. Subject to existing easements. from an obligation of the owner, Kara Rayner, to the City of Iowa City represented by a Mortgage, recorded April 18, 2003, Book 3525, Page 491 through Page 495 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded ~:~=~ment. CITY ~"t_-ERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY' ) On this ~ day of 2¢¢Jt~L~' ¢ , A.D. 20 O~ , before ree, the undersigned, a Notary Public in and for said County, in said State, personally appeare~ Ernest W. Lehman and Madan K. Kan', to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said reunicipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrureent was signed and sealed on beha f of the corporation by authority of its City Council, as contained in Resolution No.0~-,,~/~, adopted by the C ty Cound on the ~ day .~.~.,-.nt.~,-~,~ L-' 20 ~ ~,. and that the said Ernest W. Lehman and Mad~"~ K. Kan' as such officers acknowledged the execution of saJld instrument t(~ be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~ Commission Number 159791 ~ Notary Public in and for Johnson County, Iowa 'l' My Commission Expires I ~ ~/?/~b I Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 05-291 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 1220 VILLAGE GREEN ROAD #11, IOWA CITY, IOWA. WHEREAS, on June 28, 2001, the owner executed a Mortgage 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 1220 Village Green Road #11, Iowa City, Iowa from a Mortgage, recorded July 20, 2001, Book 3096, Page 612 through Page 615 of the Johnson County Recorder's Office. Passed and approved this 6th day of September ,20 o5 ClTY'D-EERK City Attorney's Office It was moved by Champion and seconded by D'Donnmll the Res°lution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Edward J. McEIvain Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 1220 Village Green Road #11, Iowa City, Iowa, and legally described as follows: Unit 11 of Cedar Garden Estates Condominiums, according to the Declaration thereof recorded in Book 555, Page 197, Records of the Johnson County Recorder, Johnson County, Iowa. from an obligation of the owner, Edward J. McEIvain, to the City of Iowa City represented by a Mortgage, recorded July 20, 2001, Book 3096, Page 612 through Page 615 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. Approv~Lby CITY~?,L. ERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Onthis ~ dayof -.~,,~-J-w.,-,].-~,.,* ,A.D. 20 ~,,-~ ,beforeme, the undersigned, a Notary Public in and for said County, in said State, personally appear6/d Ernest W. Lehman and Madan K. Kan', 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 c~rporation by authority of its City Council, as contained in Resolution No.~ -.~,/adopted by the City Council on the /~p day _(~ ~-,-.~ ~,, ~..,,~ v.- , 20 ~ ~ and that the said Ernest W. Lehman and Madan K. Kerr as such officers acknowledged the execution of s~id instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. I,,~u~,~ I SoNDRAE FORT Gl Commission Number 1597911 '~._ 'J My Commis.~on Expires I ~o'T6"~X~ I ~/~../0 .~, I Notary Public in and for Johnson County, Iowa Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)355-5246 RESOLUTION NO. 05-292 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A SECOND MORTGAGE FOR THE PROPERTY LOCATED AT 455 N. FIRST AVENUE, IOWA CITY, IOWA. WHEREAS, on May 23, 2003, the owner executed a Second Mortgage 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 455 N. First Avenue, Iowa City, Iowa from a Second Mortgage, recorded May 26, 2003, Book 3550, Page 234 through Page 240 of the Johnson County Recorder's Office. Passed and approved this 6th day of September ,20 05 Ap~oved by ATTEST: ~'(¢z~-~ ~' ~'/.¢~ ~:l~=~,._,._~ CITY'CLERK City Attorney's Office It was moved by Champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey X Champion x Elliott X Lehman ;~ O'Donnell × Vanderhoef x Wilburn Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Cathryn G. Lang Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 455 N. First Avenue, Iowa City, Iowa, and legally described as follows: Unit 3, Hickory Hills Overlook Condominiums, according to the plat thereof recorded June 28, 2002 in Book 3325, Page 412, Records of the Recorder of Johnson County, Iowa. from an obligation of the owner, Cathryn G. Lang, to the City of Iowa City represented by a Mortgage, recorded May 26, 2003, Book 3550, Page 234 through Page 240 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded do ument. Approved by ATTEST: iTY'T~...~.~ ~1l~. ~ ~..j~,'~ ~'~.~l~of~ C ERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Onthis i~ dayof ~e~r~,~m[-',~'- ,A.D. 20 ~,_Ch,beforeme, the undersigned, a Notary Public in and for said County, in said State, personally appear&d 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 corpor¢ion by authority of its City Council, as contained in Resolution No.~.-,.3¢A adopted by the City Council on the ~ day ~, 20 fJ.% and that the said Ernest W. Lehman and Madan K. Karr as such officers acknowledged the execution of s~id instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. i..,,,,, I SONDRAE FORT I ~_1 Commi,.ssion NUs~onb~ 1,iSrgeTselI %"~'~'~ J My uom~mi,s ' xp I Notary Public in and for Johnson County, Iowa I'~r'l .~/~/o& I Prepared by: Sara Sproule, Asst. Controller, & Ron Knoche, City Engineer, 410 E. Washington, Iowa City, IA 52240, 319-356-5088/5138 RESOLUTION NO. 05-293 RESOLUTION APPROVING THE OFFICIAL FINANCIAL REPORT FOR CITY STREETS AND PARKING FOR THE FISCAL YEAR ENDING JUNE 30, 2005. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the official Financial Report for City Streets and Parking report for the period beginning July 1, 2004, through June 30, 2005, be approved. Passed and approved this 6th day of September , 2005. Approved by CITY C"I_-ERK (~ity ~,ttor~eyr-s//Office It was moved by Champion and seconded by o' Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey × Champion X Elliott × Lehman x O'Donnell x Vanderhoef × Wilburn flnadm~*es~stpr~rep.dec ll~lowa Depar~mentof Transportatlon City Street Financial Report Form 517007 (4-05)(pg. 1) (Cover Sheet) Office of Local Systems Ames, IA 50010 CitY c0un~ ; Ci~ Nu~lSer ~iSC~l Yea~ IOWA CITY iJ°~S°N ; :: :: From July 1,2004 to June 30, 2005 I, Marian Karr , city clerk for the City of Iowa City, IA do hereby certify that the city council has by resolution approved this report as its official 2005 Fiscal Year Street Finance Report. Marian-Karr~iowa-city.org 410 East Washington Street clerk,s HoUrS 18:00 AM- 5:00 PM 1(319) 356-5041 IRegenia Bailey Connie Champion Bob Elliott Mike O'Donnell Dee Vanderhoef Ross Wilburn ,~l~lowa DePartment of Transportation City Street Financial Report Form 517007 (4-05)(pg, 2) (Income Statement Sheet) Office of Local Systems Ames, IA 50010 Column 1 Column 2 Column 3 Column 4 Column 1 Column 2 Column 3 Column 4 Road Use Other Road Street Debt Totals Road Use Other Road Street Debt Totals Tax Fund Monies Tax Fund Monies Round Figures to Nearest Dollar ACTUAL EXPENDITURES (cont.) Round Figures to Nearest Dollar A. F. Construction or Reconstruction 2.1' Beginning Balance I 3'577'712 °0 2'569'°881 Adjustments 6,146,800, 288,383 365,491 27.472 681.346 (Note on Explanation Sheet) -5,583,975 -5,583,975 157.289 118.275 848,264 355.849 488,970 1,494,523 474,124 3. Adjusted Balance 3,577,712 '3,014,8871 562,8251 5.170 12.097 128.658 145,925 ACTUAL RECEIPTS 62.307 81.317 143,624 B. 174.965 199,038 2.347 376.350 · Road Use Tax 5,261,556 5,261,556 2. Transfer of 49,147 Jurisdictions Fund ~0.188 10,188 15.824 3. Property Taxes 490.491 3,987,366 4,477,857 4~ Special Assessments 5. Miscellaneous 2,158,41~ 2,158,41~ 6. Proceeds from Bonds Sold, Notes, and Loans 3.662.334 3,662,33~ L. 7. Interest Earned C. Total Receipts 2,715,15c~ 2,715,15~ Lines BI thru B7) 5,271,74, 2,648,90? 7,649,700 15,570,3~ D. Total Funds Available 1,272,207 1,272,20 (Line A3 + Line C) 8,849,456 2,648,907 4,634,813 16,133,17~ ACTUAL EXPENDITURES TOTALS E, Maintenance i: Roadway Ma ntenance 1,874,99~ 311,548 2 186,542 . Snow and Ice Remova 319,51( 31,127 751,70~ 89,001 192,682 31,547 ~24}230 ll~lowa Department of:Transportation City Street Financial Report Form 517007 (4-05)(pg, 3) (Miscellaneous Receipts and Expenditures Sheet) Office of Local Systems Ames, IA 50010 CitY IOWA CITY : InstructionS); ;: : Othe~R~a~ 110 Parking Revenues 258,657 115 Other Governments (misc.) 164,350 124 Various State Grants 631,086 128 U-STEP 115,936 170 Reimbursements (misc.) 19,220 173 Labor & Services 80,816 175 Reimbursement For Damages 17,844 180 Receipts From Sales (misc.) 2,093 193 Donations 39,639 112 Utility Revenue 683,141 195 General Fund Transfers / Tax Increment Financing 145,634 130 On Street Parking Only 258 llllowa Del3ar~mentof Transl3ortatlon City Street Financial Report Form 517007 (4-05)(pg. 4) (Bonds and Loans Sheet) Office of Local Systems ^me.· IA 50010 City County City Number Fiscal Year IOWA CITY JONSON 3715 12005 Debt Status - Receipts and Expendituresofor Debt'During~Yeat '~ · · · Debt Type Debt Purpose State ID. # ssu~ Issue Year Rema n ng Principa Interest Rema n ng Year~ AmOunt · Duel Balance as paid ~ Pa d Ba ance as · , ~ '' : ~ ~ ~ ~i~fTIt~ · · · · of 6/30 3eneral Obligation Street Improvements 102 2003 1,131,513 2015 752,563 116,354 23,043 636,209 3eneral Obligation Street Improvements 110 1998 8,500,000 2013 3,109,734 354,117 142,735 2 755,617 3eneral Obligation Paving & Construction 301 1999 9,000,000 2018 3,631,600 259,400 164,588 3,372,200 3eneral Obligation Paving & Construction 302 2001 8,116,450 2018 6,922,223 345,992 360,227 6,576,231 General Obligation Paving & Construction 304 1997 5,200,000 2007 996,674 343,118 46,847 653,55~ General Obligation Paving & Construction 305 2001 5,571,750 2016 4,658,467 348,840 206,739 4,309,625 General Obligation Paving & Construction 306 2002 7,587,370 2012 6,275,535 691,372 249,234 5,584,163 General Obligation Paving & Construction 307 2003 2,569,088 2014 2,569,088 255,966 78,79,~ 2,313,122 General Obligation Paving & Construction 2005 3,662,334 2015 3,(362,334 3,662,334 ' Totals 32 578,218 2 715 159 1 272 207 29 863,059 ~lowa Del3artmentofTransportatlon City Street Financial Report (Project Final Costs Sheet) Form 517007 (4-05) (pg. 5) For construction, reconstruction, and improvement projects with costs equal to or Check here if there are '~r Office of Local Systems Ames, iA 50010 greater than 90% of the bid threshold in effect as the beginning of the fiscal year no entries for this year Line Pr°jeCt NUmber Estimated pu~ ic Lb~tj~i~oj~ ~e.~i~;fi~;(!i~ ~ !~ s ~e ~fst~u~ture) ~1o. cost Leffih~ : I1 City CIP # 34620 110,00( Traffic Control Yes Iowa Highway 1 (Dodge Street)/Northgate Drive 2 City CIP # 34765 369,00( Surfaces Yes 2004 Asphalt HMA Resurfacing 3 City CIP # 34770 118,50( Surfaces Yes 2004 PCC Pavement Rehab - Dodge Street 4 City CIP # 38695 53,80( Miscellaneous Yes Clear Creek Trail 5 City CIP # 34990 4,621,00( ~oadwa¥ Construe- Yes Mormon Trek Extension-Highway 1 to Airport Property 6 tion 7 8 9 10 Eine; ; C0htra~i~rN~e C~ffa~i ~ddit~o~ E~i~ht;: o~e~he:ad I Ci~ CIP ~ 34620 KWS, Inc. 111,76S -6,247 i05,522 2 City CIP ~ 34765 L.L. Pelling Co. 374,12~ 71,873 446}000 3 City CIP ~ 34770 All American Concrete 113,881 -16,721 971i60 4 Uity CIP ~ 38695 Streb Construction Co. Inc. 47,24~ 13,236 60,485 5 ;ity CIP ~ 34990 Metro Pavers, Inc. 2,945,693 196,146 3;141;83~ 7 9 ll~l~lowa Department of Transportation City Street Financial Report roan 5~7007 (a-os)(pg. 6) (Road/Street Equipment Inventory Sheet) Check here if there are Office of Local Systems Ames, IA 50010 no reportable equipment [] City County IOWA CITY JoHNsoN 1. 2. 3. ¢ L 6. 7. Local Class Model Description ~urchase Lease ,/Un t Renta /Un t Equ pment Status I.D. # Year 3ost Cost ~: C0S~ Ty'p~ Used ' , o~Project this 316 1998 Street Paint Machine / EZ Liner AL 120EZ 31800 No No Change 310 1998 10000 GVWR Flat Bed / Chevy C-3500 22900 No No Change 307 1995 Sign Truck / Chevy C-3500HD 51500 No Sold 12 2001 Aerial Platform / International Elliott 4700 101129 No No Change :t06 2000 Cargo Van / Ford E-150 16400 No No Change 302 1999 12500 GVWR Basket Truck / Ford F-350 5929( No No Change 301 1998 1/2 Ton P/U / Chevy C-1500 17200 No No Change 294 2000 Mud Jack / Airplaco HJ25 23067 No No Change 292 2003 3700 GVWR Dump Track / GMC C8500 70700 No No Change 291 2003 3700 GVWR Dump Truck / GMC C8500 70200 No No Change 290 2003 3700 GVWR Dump Truck / GMC C8500 71000 No No Change 288 2003 3700 GVWR Dump Truck / GMC C8500 70000 No No Change 280 2004 Concrete Saw / Target Pro 35 111 8584 No No Change 276 1970 Street Flusher Truck / Chevy C-60 213211 No No Change 269 2000 Street Sweeper / Johnston 3000 8692c, No No Change 259 2002 Street Sweeper / Pelican P 87975 No No Change 253 1995 38000 GVWR Flatbed / GMC C-70 5000~ No Sold 252 1995 38000 GVWR Flatbed / GMC C-70 50001: No Sold 248 1997 10000 GVWR Utility / Chevy C-3500 26401~ No Sold 245 1997 38000 GVWR Dump Truck / GMC C-8500 5010C No No Change 244 1998 Air Compressor / Ingersol P185CWJD 1120~3 No No Change 243 1993 Air Compressor / Ingersol P185CWJD 1 t20t No No Change 242 1993 Air Compressor / Ingersol PI 85CWJD 11200 No No Change 241B 2003 500 Lb. Concrete Breaker / Bobcat B850 5678 No No Change 241 2003 Skidloader / Bobcat S250 27758 No No Change 239 2001 1-Ton Flatbed / Dodge Ram 3500 27700 No No Change /i)l~lowa Del:)artmentofTransl:)ortat[on City Street Financial Report ~orm 517o07 (4-0s)(pg. 51 (Road/Street Equipment Inventory Sheet) Check here if there are Office of Local Systems Ames, IA 50010 no reportable equipment [] City Coun~ City Number IOWA CITY JONSON 3715 !. 2. 3. - ~,.~ 5~ ,~ : ; : 6~ , 7. 8 Local Class Model Description Purchase Le~Se /Unit R~nta /Un t Equ pment Status .D. # Year Cost C~St cOSt Typ~ Used oh Project this FY? 237 2002 Loader-Backhoe / Case 580 Super M 58961 No No Change 236 2003 Loader-Backhoe / John Deere 310SG 59125 No No Change 233 1996 Crack Sealer / Craftco EZ100D 16400 No No Change 232B 2003 300 Lb. Concrete Breaker / Bobcat B850 4726 No No Change 232 1998 Skidloader / New Holland LX565 17300 No No Change 230 2002 Endloader / Case 721C 120325 No No Change 229 1998 Endloader / Case 621B 9800( No No Change 227 1999 12500 GVWR Utility / Ford F-350 30400 No No Change 224 1989 Vibratory Roller / Case 252 20600 No No Change 222 2003 Chevy S-10 Extended Cab 15337 No No Change 213 1999 12500 GVWR Utility / Ford F-350 26600 No No Change 211 2000 Sterling / 37,000 GVWR Dump Truck 62740 No No Change 210 2000 Sterling / 37,000 GVWR Dump Truck 62740 No No Change 208 2000 Sterling/37,000 GVWR Dump Truck 62740 No No Change 207 1989 John Deere / Motor Grader 670B 74500 No No Change 205 2000 Sterling / 37,000 GVWR Dump Truck 62740 No No Change 204 2000 Sterling / 37,000 GVWR Dump Truck 62740 No No Change 203 2000 Sterling / 37,000 GVWR Dump Truck 6274( No No Change 248 2005 13000 GVWR Utility/Ford F350 32101 No New 252 2005 37000 GVWR Dump Truck/Sterling L7500 8363~ No . New 253 2005 37000 GVWRDump Truck/Sterling L7500 8363~ No New 307 2005 Sign Truck/Ford F550 78521 No New 293 2004 ~raftco Magnum Spray Asphalt Patcher 50645 No No Change ll~lowa Department of= Transportatlon City Street Financial Report Form 517007 (4-05)(pg. 7) (Explanation Sheet) Office of Local Systems Ames, IA 50010 City IOWA CITY instructions for column/line B.6 page 20 of instruction booklet. 1'o adjust prior fiscal years' General Obligation Debt issued related to streets but not yet spent at 6/30/04 in the amount of $2,569,088 less $595,619 spent in FY05. This leaves $1,973,469 to be adjusted so that this column carries a zero balance at year end as per instructions on page 20 of instruction booklet. I'otal adjustment is $5,583,975 ($3,610,506 plus $1,973,469). 3e(10) Prepared by: Brian Boelk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 05-294 RESOLUTION ACCEPTING THE WORK FOR THE 2005 DAVENPORT STREET WATER IMPROVEMENTS PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2005 Davenport Street Water Improvements Project, as included in a contract between the City of Iowa City and Lynch's Excavating, Inc. of West Branch, Iowa, dated May 20, 2005, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $138,843.86. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 6th day of September ,20 05 Approved by ClTY"C-LERK ' ~ity Attorney's Office It was moved by Champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn pweng~res/2005davenpstracptwork.doc 8/05 CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240 1826 (319) 356-5000 (3 I 9) 356-5009 FAX www.icgov.org ENGINEER'S REPORT August 26, 2005 City Clerk City of Iowa City, Iowa Re: 2005 Davenport Street Water Improvements Dear City Clerk: I hereby certify that the construction of the 2005 Davenport Street Water Improvements Project has been completed by Lynch's Excavating, Inc. of West Branch, Iowa in substantial accordance with the plans and specifications prepared by MMS Consultants, Inc. of Iowa City, Iowa. The final contract price is $138,843.86. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer -05 Prepared by: Ross Spitz, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 05-295 RESOLUTION ACCEPTING THE WORK FOR THE MORMON TREK BOULEVARD EXTENSION m BOX CULVERT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Mormon Trek Boulevard Extension - Box Culvert Project, as included in a contract between the City of Iowa City and McCulley Culvert, Inc. of Barnes City, Iowa, dated April 5, 2005, be accepted; and WHEREAS, the Engineer's. Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract pdce is $443,091.93. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of I~wa City, Iowa. Passed and approved this 6th day of September ,20 Approved by CITY'CLERK City At{omey~s Office It was moved by Champion and seconded by n'nnnnpl 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Elliot[ x Lehman ~, O'Donnell × Vanderhoef ~; Wilbum pwe no~res/acptwrk-MTB-extensio~bo~.doc CIIY o[ low^ CI1¥ 410 last Washington Street Iowa City, Iowa 52240-1826 (gig) g56-$000 {319) 356-5009 FAX www.icgo¥.org ENGINEER'S REPORT August 30, 2005 City Clerk City of Iowa City, Iowa Re: Mormon Trek Boulevard Extension - Box Culvert Project Dear City Clerk: I hereby certify that the construction of the Mormon Trek Boulevard Extension - Box Culvert Project has been completed by McCulley Culvert, Inc. of Barnes City, Iowa in substantial accordance with the plans and specifications prepared by Earth Tech, Inc. The final contract price is $443,091.93. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer Prepared by: Kevin O'Malley, Finance, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5053 RESOLUTION NO. 05-296 RESOLUTION APPROVING THE POLICE CHIEF MONEY PURCHASE RETIREMENT PLAN BENEFIT WHEREAS, the City of Iowa City ("Employer") has entered into an employment contract with the chief of police for the provision of valuable services, and the terms of said contract provide for retirement benefits; and WHEREAS, as the chief of police cannot qualify for retirement benefits under the Municipal Fire and Police Retirement System of Iowa, the establishment of a money purchase retirement plan benefit provides alternate funds for retirement and funds for the chief's beneficiaries in the event of death; and WHEREAS, the Employer desires that its money purchase retirement plan be administered by the ICMA RC and that the funds held in such plan be invested in the Vantage Trust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the Employer hereby establishes or has established a money purchase retirement plan (the "Plan") in the form of: 1. The ICMA RC Governmental Money Purchase Plan & Trust, pursuant to the specific provisions of the Adoption Agreement on file in the Iowa City Finance Department. 2. The Plan shall be maintained for the exclusive benefit of Iowa City Chief of Police Samuel Hargadine and his beneficiaries. 3. The Finance Director is hereby authorized to execute the Declaration of Trust of the Vantage Trust, as on file in the Iowa City Finance Department, intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the Employer, if the assets of the Plan are to be invested in the Vantage Trust. 4. The Employer hereby agrees to serve as trustee under the Plan and to invest funds held under the Plan in the Vantage Trust. 5. The Finance Director shall be the coordinator for the Plan; shall receive reports, notices, etc. from the ICMA RC or the Vantage Trust; shall cast, on behalf of the Employer, any required votes under the Vantage Trust; may delegate any administrative duties relating to the Plan to appropriate departments. 6. The Employer hereby authorizes the Finance Director to execute all necessary agreements with the ICMA RC incidental to the administration of the Plan. Passed and approved this 6th day of September ,20 D~ · finadm/res/police chief, doc Resolution No. es-?9~ Page 2 It was moved by Champ±on and seconded by O'~)onneJ. 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey × Champion × Elliott × Lehman × O'Donnell × Vanderhoef × Wilburn 09-o6-0S5d I Prepared by: Sunil Terdalkar, PCD, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 (SUB05-00012) RESOLUTION NO. 05-297 RESOLUTION APPROVING THE PRELIMINARY PLAT OF GALWAY HILLS SUBDIVISION, PART IV, IOWA CITY, IOWA. WHEREAS, the owner, Dav-Ed Limited, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Galway Hills Subdivision, Part IV; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Galway Hills Subdivision, Part IV, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 6th day of Se~ember ,20~. ~I~A~'bR ' Approved by CITY'CLERK City Attorney's~Office It was moved by Vanderhoef and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: .~ Bailey × Champion × Elliott × Lehman × O'Donnell × Vanderhoef X Wilburn ppdadrrin~res\galway iv.doc Prepared by: John Yapp, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (SUB05-O0009) RESOLUTION NO. 05-298 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 North line of the Southwest Quader 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 NO1°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'lT"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 NO8°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 S41015'16"W, along said Northerly 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 Qne-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. 05-298 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 podions 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 6th dayof ,~,?r,~,hp~- ,20 0~ Approved by CITY'~LERK City Attorney s Office It was moved by C!~amp:i_on and seconded by c~"nnn~,,~l ~ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey × Champion x Elliott × Lehman × O'Donnell × Vanderhoef X 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. 05-299 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 N74°56'45"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 S00°15'22"E, along the West Line of said Amended Auditor's Parcel 2005039, a distance of 187.87 feet, to the Southwest corner thereof; Thence S53°31'01"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 Scoff 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 Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and Resolution No. 05-299 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 6th day of ,20 CITY"CT_ERK City Attorney's Office It was moved by Wilburn and seconded by O'Donne] 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey × Champion x Elliott × Lehman × O'Donnell × Vanderhoef × Wilbum ppdadmin'~res~oldtownvil.doc Prepared by: Mitchel T. Behr, Asst City Attorney, 410 E. Washington St., Iowa City, iA 52240 (319) 356-5030 RESOLUTION NO. 05-300 RESOLUTION AUTHORIZING CONVEYANCE OF A 5,941 SQUARE FOOT PARCEL OF PROPERTY TO ADJACENT PROPERTY OWNERS JOHN H. ROFFMAN AND JOELLEN S. ROFFMAN. WHERAS, The City needs to acquire 119 square feet of permanent easement and 613 square feet of temporary easement from John H. Roffman and JOellen S. Roffman for the Mormon Trek Boulevard Extension - Box Culverts Project; WHEREAS the Roffmans have accepted the C ty's offer to purchas.e, said p...r.o, pert~, interests at the appraised price of $3 00per square foot; on the condition ~nat the ~,i[y sel~ them the 5 941 square foot piece of adjacent City-owned property legally described as follows, at the prce of $3.00 per square foot, for a total of $17,823.00: A parcel of land located n 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 follows: Commencing at the East ¼corner of said Section 2,1,; the. nce. So,u, th 00° (degrees) 27' (minutes) 58" (seconds) West (assume(~ oea. n~n.,.q T.or [ne, purpose of this description) on the East line of the Southeast y4 or saio Section 21 a distance of 905.70 feet; thence South 21°37'46" East, 797.72 feet (799.04,9 ,f.e~e,! record) to the present centerline of Riverside Drive; thence South 58 02 16 West on the present centerline of Riverside Drive, 319.95 feet; thence South 57°17'53'' West on the present centedine of Riverside Drive 129.81 feet thence South 02°01'55'' East, 38.37 feet to the present S,oou, th,e,a.s,,terly r ght-of-way line of Riverside Drive; thence continuing :5outh 02 01 55 East, 50.00 feet to the point of beg nning of the parcel herein described; thence North 87°58'05'' East, 10.00 feet; thence South 06°53'47 East, 275.65 feet; thence South 89°34'38'' West,. 33.39 feet; thence North 02°01 '55" West, 213.72 feet to the point of beginning. WHEREAS, on August 16, 2005, the City Council adopted a resolution declaring its intent to make said conveyance on said terms and conditions; and WHEREAS, following the public hearing on the proposed conveyance, City Council finds that the conveyance of the subject property to adjacent owners John H. Roffman and Joellen S. Roffman is in the pubhc interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 The Mayor and City Clerk are hereby authorized and directed to execute documents, · n a form approved by the City Attorney, to convey the above-described parcel of property to John H. Roffman and Joe en S. Roffman. 2. The City Attorney is authorized and directed to record all the necessary documentation to transfer title of said property accordingly. Passed and approved this 6th dayof se?t,,,be= ,2005. Approved, by CITY-CLERK city Attorney s Office Resolution No. 05-300 Page 2 It was moved by ~4 l h,,rn and seconded by O'nrmn~,l 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey ;~ Champion x Elliott x Lehman × O'Donnell × Vanderhoef x Wilburn Prepared by: Doug Boothroy, HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5121 RESOLUTION NO. 05-301 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST OF THE CONSTRUCTION OF A DUPLEX HOME UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING THE CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing 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 of 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% of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice of 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-name project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at City Hall, until 1:30 p.m. on the 6"~ day of October, 2005, or at a later date as determined by the Director of Housing and Inspection Services or designee, with notice of said later date to be published as required by law. Thereafter the bids will be opened by the Director of Housing and Inspection Services or designee and thereupon referred to the City Council of the City of Iowa City, Iowa for action upon said bids at its meeting of October 18, 2005, to be held in Emma J. Harvat Hall, City Hall, Iowa City, Iowa at 7:00 p.m., or if said meeting is cancelled, at the next meeting of the City Council thereafter posted by the City Clerk. Passed and approved this 6th day of September ,20 05 .... Approved by ATTEST: CITY'CLERK City Attorney's Office hisadm/res/ADHOP10~05.doc Resolution No. 0_5-301 Page 2 It was moved by Bailey and seconded by ~__ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey X Champion x Elliott x Lehman x O'Donnell x Vanderhoef × Wilburn Prepared by: Sylvia Mejia, Personnel, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5000 RESOLUTION NO. 05-302 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE HOUSING INSPECTION DIVISION OF THE HOUSING AND INSPECTION SERVICES DEPARTMENT BY THE REDUCTION OF ONE FULL-TIME HOUSING INSPECTOR POSITION TO A PART-TIME (.5) POSITION AND THE ADDITION OF ONE PART.TIME (.63) HOUSING INSPECTION ASSISTANT POSITION AND AMENDING THE AFSCME PAY PLAN BY THE ADDITION OF THE POSITION OF HOUSING INSPECTION ASSISTANT. WHEREAS, Resolution No. 05-109 adopted by the City Council on March 1, 2005, authorized permanent positions in the Housing Inspection Division of the Housing and Inspection Services Department for FY06; and WHEREAS, Resolution No. 04-131 adopted by the City Council on May 4, 2004, established a classification/compensation plan for AFSCME employees; and WHEREAS, the Department of Housing & Inspection Services inspects property for compliance with zoning, nuisance and rental housing codes; and WHEREAS, to better respond to the Neighborhood Housing Task Force's initiatives, a vacant Housing Inspector position is being reduced to a part-time position and a part-time Housing Inspection Assistant position is being created; and WHEREAS, the part-time Housing Inspection Assistant position will focus on the neighborhood nuisance and zoning code complaints, thereby improving the City's ability to enforce these codes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The budgeted positions in the Housing Inspection Division of the Housing and Inspection Services Department be amended by: a. The deletion of one .5-time Housing Inspector position, AFSCME, Pay Grade 10; and b. The addition of one .63-time Housing Inspector Assistant position, AFSCME, Pay Grade 8. 2. The AFSCME pay plan be amended by the addition of the position of Housing Inspector Assistant, Pay Grade 8. Passed and approved this 6hr day of Septem]3ez- ,20 05 Approved by. //) /] /1 hisadn~res/hsg inspec~on Asst.doc Resolution No. 0_5-302 Page 2 It was moved by Bailey and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn Prepared by: Steve Long, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319.356.5250 RESOLUTION NO. 05-303 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LEASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FOUR OAKS FAMILY AND CHILDREN'S SERVICES FOR OPERATION OF A CHILD CARE CENTER AT 1516 SHERIDAN AVENUE. WHEREAS, the provision of child care is a high priority in CITY STEPS; and WHEREAS, the facility located at 1516 Sheridan Avenue was acquired and renovated by Eagles' Flight Inc., a non-profit organization, with HUD Community Development Block Grant (CDBG) funds for the purpose of providing child care to Iow-moderate income households; and WHEREAS, Eagles' Flight, Inc. is no longer providing child care and deeded the facility to the City of Iowa City for repayment of the CDBG funds; and WHEREAS, Four Oaks Family and Children's Services is a non-profit that provides child care to Iow-moderate income households and desires to lease the facility located at 1516 Sheridan Avenue; and WHEREAS, it is in the City's best interest to enter into the Lease between the City of Iowa City and Four Oaks Family and Children's Services, a copy of which is attached. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is hereby authorized to sign and the City Clerk to attest the attached Lease between the City of Iowa City and Four Oaks Family and Children's Services. Passed and approved this 6th day of September ,2005. Approved by CITY'CLERK City Attorney's Office It was moved by Champion and seconded by ~__ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: × Bailey X Champion x Elliott x Lehman x O'Donnell × Vanderhoef Wilburn x wpdata/ppcdbg/res/1516 sheridan.doc LEASE BETWEEN THE CITY OF IOWA CITY AND FOUR OAKS FAMILY AND CHILDREN'S SERVICES This Lease Agreement ("Lease") is made by and between the City of Iowa City ("City" or "Landlord") and Four Oaks Family and Children's Services ("Tenant") in Iowa City, Iowa. : RECITALS A. The City of Iowa City, a municipal corporation, is the owner of fee title to certain premises situated in the City of Iowa City, State of Iowa, commonly known as 1516 Sheridan Avenue, Iowa City, IA (the "property' or "premises"), and has the authority to lease said premises. B. Four Oaks Family and Children's Services is an Iowa Corporation. C. The parties desire to enter into a lease for the property. In consideration of the foregoing and the mutual covenants hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, Landlord and Tenant hereby agree as follows: AGREEMENT 1. DATE. This Lease is made to be effective as of October 01,2005. 2. PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases and takes from Landlord for the Term the real property locally known as 1516 Sheridan Avenue, together with the continuous and uninterrupted right of access to and from the Premises. 3. TERM. The term of this Lease ("Term") shall be one (1) year, commencing on October 01, 2005 ("Commencement Date') and extending through September 30, 2006 unless sooner terminated pursuant to any provision hereof. Option to Renew. With the exception of Section 5 entitled "rent," Tenant shall have the option to renew this Lease upon the same terms and conditions contained herein for one (1) year following the initial term. Tenant shall be required to give notice to Landlord, in writing, not less than 90 days prior to the expiration of the preceding term of Tenant's intent to exercise an option for a renewal term. Rent shall be renegotiated by the parties prior to the beginning of the renewal term. 4. RENT. Tenant shall pay to Landlord $1,000 per month as rent for the use of the Premises payable in advance on or before the fifth (5th) day of each month at its address at Planning & Community Development, City Hall, 410 E. Washington St., Iowa City, IA 52240 or to such other address as Landlord may designate by written notice as provided herein. 5. UTILITIES AND JANITORIAL. Tenant shall pay for all separately metered regular utility charges related to the use of the Premises, including all water, sewer, gas, electricity, cable and telephone. Tenant shall pay for all janitorial services and regular cleaning service to the Premises. Tenant shall pay for snow removal, lawn mowing and related yard maintenance. 6. USE OF PREMISES. Tenant shall use the Premises for the conduct of Tenant's operation of a child care facility and any other activities reasonably related thereto. 7. QUIET ENJOYMENT. Landlord covenants and agrees that so long as Tenant observes and performs all of the agreements and covenants required of it hereunder, Tenant shall peaceably and quietly have, hold and enjoy the Premises for the Term without any encumbrance, interference or hindrance by Lar~dlord. If Tenant's use of the Premises is limited or denied through rezoning, environmental impact edict, or other action of any public or quasi-public agency or governmental authority, this Lease, at the sole option of Tenant, shall terminate as of the effective date of such action and the rent applying to the unexpired portion of the Term will abate. 8. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease, or sublease all or a part of the Premises for any purpose, without the prior written consent of Landlord. If Tenant subleases all or a part of the Premises with Landlord's written consent, Tenant agrees to remain primarily liable for the payment of rent for the remaining term of this Lease. 9. TERMINATION. If Tenant's operating funds are reduced because of funding reductions to an amount equal to at least 10% of the current fiscal year operating budget for the child care program located at 1516 Sheridan Avenue, Tenant may terminate this Lease upon 60 days written notice to Landlord. Said notice shall include sufficient documentation, to be determined at Landlord's sole discretion, of said reduction. 9. ALTERATIONS, IMPROVEMENTS AND ADDITIONS. Tenant, without Landlord's consent, may make any minor alterations, improvements, or additions in, on or about the Premises, which Tenant may deem necessary or desirable, except for structural repairs and maintenance, which are the sole obligation of Landlord, provided such alteration, improvement, or addition costs not more than five hundred dollars ($500.00). In seeking Landlord's approval, Tenant shall submit a written description of the proposed work along with plans and drawings respecting the same to Landlord for Landlord's approval, which approval shall not be unreasonably delayed or withhold. Tenant, at its option, may remove such alterations, improvements, or additions made by it in, on or about the Premises if the removal may be done without structural damage to the Premises. Tenant's personal property and its trade fixtures, including all machinery, equipment and furnishings, shall remain the property of Tenant and may be removed by Tenant. Any personal property, trade fixtures, alterations, improvements, or additions not removed by Tenant within thirty (30) days after the end of the Term shall automatically become the property of Landlord. Landlord shall, at its sole expense, make any alterations, improvements or additions to the Promises (structural or non-structural) that may be required on account of any existing or future laws of any governmental authority, except alterations, improvements or additions to the Premises as may be required solely by reason of the nature of Tenant's business. In no event shall Tenant make any changes, modifications, alternations, or additional to the exterior of the Premises without Landlords' specific written approval, notwithstanding any provision contained herein to the contrary. 10. REPAIRS AND MAINTENANCE. Tenant shall make ordinary interior repairs and replace broken glass, including exterior windows, in the Premises. Landlord shall maintain and promptly make all exterior repairs and common area maintenance, all repairs, replacements or retro-fitting of a permanent character (including, but not limited to, components in the air conditioning, boiler and heating systems, HVAC system, gas lines, electrical and plumbing fixtures and hot water systems, including heaters), and all floors and floor surfaces, driveways, parking lots, wall, roof (including water tightness), foundation, footings, Building Systems (as herein defined) and structural repairs, support systems, strengthenings, alterations, reconstructions, or additions necessitated by reason of lapse of time, weakness or decay, insect infestation, or damage to or destruction of the Premises, or to any part thereof, or which may, at any time, be required by any governmental or public authority, except for any damage caused solely by Tenant's negligence. Tenant shall promptly notify Landlord of any known defect, damage, decay or dangerous condition associated with the Building System. As used herein, 'Building Systems' means the building utility elements essential for Tenant's use and occupancy of the Premises including, but not limited to, such systems as are not readily accessible to Tenant, such as underground water, sewer, electric and other utility lines and maintenance services related to the Premises. Tenant shall surrender the Premises in as good order, repair and condition as the same were in the commencement of the Term, damage by fire and items covered by extended coverage insurance, unavoidable casualty, reasonable wear and tear, alterations, improvements and additions made by Tenant and Landlord's failure to repair excepted. 11. TAXES. Tenant, during the Term, shall pay promptly when due, all general ad valorem real estate taxes and assessments which may be imposed upon the Premises. Tenant shall pay all taxes assessed against and levied upon Tenant's trade fixtures, and all other personal property of Tenant contained in the Premises. As used herein, the term 'real estate tax'" includes any form of tax, assessment, license and permit fees, rent tax, income tax, franchise tax, levy, penalty, or tax imposed by any authority having the direct or indirect power to tax, including any city, county, state or federal government, or any school, agricultural, lighting, drainage or other improvement district thereof or any public or quasi-public agency or governmental authority, upon any legal or equitable interest of Landlord in the Premises, upon Landlord's right to rent or business of leasing the Premises, or upon Tenant's use or occupancy of the Premises. 12. INSURANCE. Tenant covenants and agrees that it will at its own expense procure and maintain general liability and auto liability insurance in a company or companies authorized to do business in the State of Iowa, in the following amounts: Type of Coveraqe a. Comprehensive General Liability Each Occurrence A.qqre.qate (1) Bodily Injury & Property Damage $1,00,000 $2,000,000 b. Automobile Liability Combined Sinqle Limit (1) Bodily Injury & Property Damage $1,000,000 c. Excess Liability $1,000,000 $1,000,000 d. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall name the Landlord as an additional insured. Tenant shall deliver to the Landlord, within thirty (30) days of execution of this Lease, Certificates of Insurance and copies of said policies, naming the Landlord as an additional insured. Tenant shall provide fifteen (15) days' notice to the Landlord before cancellation of said insurance. Notwithstanding any provision herein to the contrary, Tenant may satisfy its insurance obligations hereunder by self-insuring any or all of its insurance liabilities and Tenant shall, upon Landlord's request, furnish certificates evidencing such coverage. 13. INDEMNITY. Each party hereby disclaims, releases the other party from any and all liability, whether in contract or tort (including strict liability and negligence) for any loss, damage or injury of any nature whatsoever sustained by the party, its employees, agents or invitees during the term of this Lease, including, but not limited to, loss, damage or injury to the property of the other party that may be located or stored in the Premises, unless such loss, damage or injury is caused by the the party's gross negligence or intentional willful misconduct. The parties hereby agree that under no circumstances shall either party be liable for indirect, consequential, special or exemplary damages, whether in contract or tort (including strict liability and negligence), such as, but not limited to, loss of revenue or anticipated profits or other damage related to the leasing of the Premises under this Lease. 14. DAMAGE OR DESTRUCTION. If the Premises is damaged or destroyed in whole or in part by fire or other casualty, Landlord shall repair and restore the Premises to a good tenantable condition. All rent shall wholly abate in case the entire Premises is untenantable, or shall abate pro rata for the portion rendered untenantable in case a part only is untenantable, until the Premises is restored to a tenantable condition. Landlord shall commence and complete all work required to be done under this Section with reasonable promptness and diligence. In the event Landlord repairs or restores the Premises, the rent due under this Lease shall be abated or reduced proportionately during any period which, by reason of such damage or destruction, there is any interference with the operation of the business of Tenant. If Landlord does not commence the repair or restoration within fifteen (15) days after the damage or destruction occurs, or if repair or restoration will require more than ninety (90) days to complete, Tenant may, at Tenant's option, terminate this Lease by giving Landlord notice of Tenant's election to do so at any time prior to the commencement of the repair or restoration. In that event, this Lease shall terminate as of the date of such damage or destruction. 15. DEFAULTS. The following shall constitute "Events of Default": (a) Monetary. Tenant shall fail to pay Rent at the time required or any other monetary obligation or payment required under this Lease when due, and such failure shall continue for a period of ten (10) days following written notice from Landlord to Tenant; or (b) Non-performance. Tenant shall fail to observe or perform any of the other covenants, terms or conditions contained in the Lease, or a warranty made by Tenant shall fail to be accurate and complete, and such failure shall continue and not be cured for a pedod of thirty (30) days after written notice by Landlord to Tenant, provided that if the default is not reasonably susceptible of being cured within thirty (30) days, an Event of Default shall occur only if the Tenant fails to promptly commence such cure or fails thereafter to diligently pursue such efforts to completion; or 16. REMEDIES. Upon the occurrence of an Event of Default by Tenant, or at any time thereafter during the continuance of such Event of Default, Landlord may take any of the following actions and shall have the following rights against Tenant: (a) Termination. Landlord may elect to terminate the Lease by giving no less than thirty (30) days' prior written notice thereof to Tenant, and upon the passage of time specified in such notice, this Lease and all rights of Tenant hereunder shall terminate as fully and completely and with the same effect as if such date were the date herein fixed for expiration of the Term and Tenant shall remain liable as provided in Section (c) below. (b) Eviction. Landlord shall have the immediate right upon termination of this Lease to bring an action for forcible entry and detainer. (c) Tenant to Remain Liable. No termination of this Lease pursuant to the provisions of this Lease, by operation of law or otherwise, and no repossession of the Premises or any part thereof pursuant to this Lease or otherwise shall relieve Tenant of its liabilities and obligations hereunder, all of which shall survive such termination, repossession or reletting. (d) Damaqes. In the event of any termination of this Lease or eviction from or repossession of the Premises or any part thereof by reason of the occurrence of an Event of Default: (i) Rent and Charqes. Tenant shall pay to Landlord the Rent and other sums and charges required to be paid by Tenant for the period to and including the end of the Term or expiration of an option period as provided for by Section 3 above, whichever is later. (ii) Leased Premises. Landlord shall be entitled to offset any amount owing by Tenant under the preceding section, (d)(i), against any "value added damages" Landlord may be liable for pursuant to this Lease. (e) Rights Cumulative, Non-Waiver. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity or by statute. In addition to the other remedies provided in this Lease, Landlord shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of the violation, or attempted or threatened violation, of any of the covenants, agreements, conditions or provisions of this Lease, or to a decree compelling performance of this Lease, or to any other remedy allowed to Landlord at law or in equity. (f) Landlord's Right to Cure. If after written notice, Tenant fails to pay any utilities charges described in Section 5, insurance premiums described in Section 13, the cost of any of the repairs or maintenance required to be made by Tenant pursuant to the Lease or any other charges, costs or expenses required to be paid under the Lease, Landlord shall have the right, but not the obligation, to make all such payments, and in addition to its other remedies under this Lease, Landlord shall have the option of requiring Tenant to repay to Landlord the amount of such payments (which shall be deemed additional rent hereunder) on demand with interest after demand at 10% rate per annum. (the "Default Rate"). (g) Late Charqe, Default Rate. If Landlord does not receive payment of any installment of Rent or any other sum or charge required to be paid by Tenant to Landlord hereunder within ten (10) days after the same falls due (regardless of whether Tenant has · received notice of the delinquency), Landlord may impose a late charge equal to five percent (5%) of the amount of such delinquent sum and if such sum is not received by Landlord within thirty (30) days of its due date, such sum shall, in addition, bear interest at the Default Rate from the due date until the date paid. (h) Landlord's Lien. Landlord shall have a lien against Tenant's leasehold estate, Tenant's Improvements and all property of Tenant located at the Premises, to secure any obligations of Tenant to Landlord arising pursuant to the provisions of this Lease. (i) Non-Waiver. The failure of Lalldlord to insist upon strict performance of any of the covenants or conditions of the Lease, or to exercise any options herein conferred in any one or more instances shall not be construed as a waiver or relinquishment for the future of any such covenant, condition, or option, but the same shall be and remain in full force and effect. The receipt by Landlord of any Rent or any other sum payable hereunder with knowledge of the breach of any covenants or agreements contained herein shall not be deemed a waiver of such breach. 17. HOLDING OVER. If Tenant remains in possession of the Premises after the expiration or termination of this Lease, and without the execution of a new Lease, Tenant shall be deemed to be occupying the Premises as a tenant from month-to-month, subject to all of the conditions, provisions and obligations of this Lease insofar as they are applicable to a month-to-month tenancy. 18. ACCESS BY LANDLORD. (a) Landlord or Landlord's agents, representatives or employees shall have the right at any time upon at least twenty-four (24) hours oral notice (except in emergencies, in which case only such notice, if any, as may be feasible under the circumstances shall be required) to enter upon the Premises for the purposes of inspecting the same, determining whether this Lease is being complied with, and curing (as permitted herein) any default by Tenant. (b) Landlord or Landlord's agents, representatives, or employees shall have the right whenever necessary and without notice to enter upon the Premises for the purpose of repairing or maintaining any of Landlord's property adjacent to or abutting the Premises. 19. NON-DISCRIMINATION. Tenant covenants, in consideration of the right to lease the Premises that Tenant, its employees, and agents shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, upgrading, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. Tenant shall remain in compliance with all requirements of 49 C.F.R. Part 21, Non-Discrimination in Federally Assisted Programs of the Department of Transpodation. The prohibition of discrimination based upon sexual orientation does not require the Tenant to provide equitable benefits to domestic partners. 20. APPLICABLE LAW. The laws of the State of Iowa shall govern the validity, performance and enforcement of this Lease. 21. NOTICES. Notices, statements and other communications to be given under the terms of the Lease shall be in writing, unless otherwise provided herein, and sent by certified or registered mail, or by commercial courier, return receipt requested, and addressed as follows: If to Landlord: With copies to: If to Tenant: Planning and Community City Attorney Four Oaks Family and Development 410 E. Washington St. Children Services 410 E. Washington St. Iowa City, IA 52240 5400 Kirkwood BIvd SW Iowa City, IA 52240 Cedar Rapids, IA 52404 The address and person for written communication may be changed upon ten (10) days' written notice to the other party. 22. WAIVER OF SUBROGATION. Landlord and Tenant and all parties claiming under or through them hereby mutually release and discharge each other, any other tenants or occupants of the building in which the Premises is located, and the officers, employees, agents, representatives, customers and business visitors of Landlord or Tenant or such other tenants or occupants, from all claims, losses and liabilities arising from or caused by any hazard covered by insurance on or in connection with the Premises or said building, even if caused by the fault or negligence of a released party. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. 23. ENVIRONMENTAL MATTERS. Tenant will comply with all environmental laws during the term of the Lease, but shall bear no liability whatsoever and shall not assume any conditions for any existing environmental materials or Hazardous Materials on the Premises. Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all loss, damage, liability and expense (including reasonable attorneys' fees) that Tenant may incur as a result of any claim, demand or action related to environmental conditions, Hazardous Materials or any other environmental laws and regulations not directly resulting from Tenant's activities on the Premises. 24. HAZARDOUS MATERIALS. The term "Hazardous Materials' as used herein shall include but not be limited to asbestos, flammable explosives, dangerous substances, pollutants, contaminants, hazardous wastes, toxic substances, and any other chemical, material or related substance exposure to which is prohibited or regulated by any governmental authority having jurisdiction over the Premises, any substances defined as 'hazardous substances," "hazardous materials" or "toxic s'ubstances" in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, by Superfund Amendments and Reauthorization Act 42 U.S.C. §6901, et seq.; the Hazardous Materials Transportation Ad, 42 U.S.C. §6901, et seq.; Clean Air Act, 42 U.S.C. §7901, et seq.; Toxic Substances Control Act, 15 U.S.C. §2601, et seq.; Clean Water Act, 33 U.S.C. §1251, et seq.; the laws, regulations or rulings of the state in which the Premises is located or any local ordinance affecting the Premises; or the regulations adopted in publication promulgated pursuant to any of such laws and ordinances. 25. SEVERABILITY. The invalidity or unenforceability of any provision of this Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of the remainder of this Lease or any other provision hereof. 26. ENTIRE AGREEMENT. This Lease and any addenda and exhibits attached hereto or to be attached hereto, set forth all of the covenants, promises, agreements, and conditions between Landlord and Tenant concerning the Premises and this Lease and there are no covenants, promises, agreements or conditions, either oral or written, between them. This Lease may not be modified or amended in any manner except by an instrument in writing executed by the parties hereto. 27. BINDING EFFECT. The covenants, conditions and agreements contained in the Lease shall bind, apply to and inure to the benefit of the parties hereto and their respective successors. 28. ATTORNEY FEES. If either party named herein brings an action to enforce the terms of this Lease or to declare rights hereunder, the prevailing party in any such action, on trial or appeal, shall be entitled to its reasonable attorney's fees to be paid by losing party as fixed by the court. 29. HEADING. Headings as to the contents of particular sections herein are inserted only for convenience, and are in no way to be construed as a part of the Lease or as a limitation on the scope of the particular section to which they refer. 30. COUNTERPARTS. This Lease may be executed in counterparts, each of which shall be deemed to be an original and all of which shall, when taken together, constitute but one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Instrument to be effective as of the day and year first above written. Landlord: Tenant: CITY OF IOWA CITY FOUR OAKS FAMILY AND CHILDREN'S SERVICES Anne GrueneWald, Executive Director Attest: City'X~lerk ~ _ ~ SS: JOHNSON COUN~ · ' ~fore me on ~~. Atkins and Marian K. Karr, respectively as City-~'ty. t~of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) This instrument was acknowledged before me on ~r--~-~_ ut,. i~,~.~,.,:~,, 2005 by ~.~,~.~_~, as ~?-_~,-~,~.,~.,=~. (type of authority, e.g. officer, trustee, etc.) of ~',~.~,~_~,,.~L~ ~',,.~,\,,, ~-,-~ ~._'~,.~.,a_~__~ (name of party of behalf of whom instruments was executed)· - I~ COMMISS ON EXPIRE.~ ~ Notary Public in and for the State of Iowa '.~?", ~-~1~ -O~ I My Commission expires: _ 04 Approved: City Attorney CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this J~ day of °-.~¢,~e~-,~-./-,,, ¢' ,2005, before me, the undersigned, a notary public in and for the State ~)f Iowa, 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 municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that'the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Commission Number 159791 "J~["l My Commission Expires | Public in and for the State of Iowa ~o-rS"¢x-, ~/ ? /of~ , Notary /"/\ '~ I 09-06-05 I 14 Prepared by Susan Craig, Library Director, 410 E.Washington, Iowa City, Iowa, (319) 356-5241 RESOLUTION NO. 05-304 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE LIBRARY BY DELETING ONE OFFICE MANAGER -- LIBRARY POSITION AND ADDING ONE ADMINISTRATIVE COORDINATOR -- LIBRARY POSITION, WHEREAS, Resolution No. 05-109 adopted by the City Council on March 1, 2005, authorized permanent positions in the Library for FY06; and WHEREAS, Resolution No. 04-131 adopted by the City Council on May 4, 2004 established a classification/compensation plan for Administrative and Confidential employees; and WHEREAS, responsibilities for the Library Business Office Manager have changed significantly since the elimination of the Library Assistant Director position in FY04, and WHEREAS, the Library requires an Administrative Coordinator to oversee personnel, purchasing, financial and MIS functions, and WHEREAS, a scheduled retirement requires recruitment and hiring, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The budgeted positions in the Library be amended by: 1. The deletion of one full-time Library Office Manager position, ADMINISTRATIVE/ CONFIDENTIAL, pay grade 25. 2. The addition of one full-time Library Administrative Coordinator, ADMINISTRATIVE/ CONFIDENTIAL, pay grade 26. Passed and approved this ~th day of Seotember ,2005. ATTEST: '~?¢C~ ~'~. ~(..M~, CITY'CLERK Resolution No. 05-304 Page 2 It was moved by g,~ 1 Cv and seconded by O'Donnell the Resolution be adopted, and upon roll cail there were: AYES: NAYS: ABSENT: × Bailey x Champion x Elliot[ x Lehman x O'Donnell × Vanderhoef X Wilbum Prepared by: Steven Nasby, Community & Economic Dev. Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356 5248 RESOLUTION NO. 05-305 RESOLUTION APPROVING LOCAL FUNDING FOR LOPAREX INC. RELATED TO ECONOMIC DEVELOPMENT ASSISTANCE AND AUTHORIZING THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT AND\OR U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, the City of Iowa City has a general fund budget for economic development activities; and WHEREAS, the CDBG Economic Development Fund was approved within Iowa City's Annual Action Plans for FY05 and FY06, as part of the City's 2001-2006 Consolidated Plan, as amended, and 2006- 2010 Consolidated Plan to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the City has disseminated information and the Council Economic Development Committee held a public meeting to discuss said project; and WHEREAS, the Council Economic Development Committee reviewed the proposed project on September 6, 2005 and recommended $75,000 for Loparex Inc. in the form of a secured, three-year forgivable loan; WHEREAS, Loparex Inc. is simultaneously requesting funds from the State of Iowa's High Quality 3obs Program and Community Economic Betterment Account (CEBA); and WHEREAS, the CEBA program requires a minimum investment of 50 percent as local match; WHEREAS, the investment of local financial assistance is contingent upon the State of Iowa awarding Community Economic Betterment Account (CEBA) to this project; and WHEREAS, the City Council finds that the public interest will be served by an allocation of public funding for said project to expand a local business and create quality employment opportunities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Manager is hereby authorized and directed to provide all the necessary certifications or documents required by the U.S. Department of Housing and Urban Development and\or Iowa Department of Economic Development. 2. The City Manager is' authorized to execute, terminate or amend an agreement(s) with Loparex Inc. for activities in connection with this allocation of $75,000 in public funds. Resolution No. 05-305 Page 2 Passed and approved this 6th day of September ,2005. MAYOR Approved by C~CLERK / Ci~ A~ey's It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn MEMORANDUM DATE: August 31, 2005 TO: City Council FROM: Steven Nasby, Community and Economic Development Coordinator RE: Proposed Business Assistance for Loparex Inc. - Iowa City Plant ABN AMRO, a holding company with subsidiaries in commercial banking operations, investment banking and other related financial activities, is in the final stages of acquiring Loparex Inc. The Netherlands-based company has 97,000 employees in 60 countries, and coated-film operations in North Carolina, Illinois and Alabama. Loparex's Iowa City Plant currently employs 20! persons. The Loparex facility in Iowa City is competing for several new product lines. The product lines being sought are directly related to the creation and retention of !5 jobs (9 created and 6 retained). Loparex anticipates that approximately $6.32 million of new investment in equipment and site improvements to the Iowa City Plant will be needed. To assist them with this project, Loparex is asking the City to sponsor a Community Economic Betterment Account (CEBA) application to the State of Iowa for $75,000. The State of Iowa requires that local jurisdictions sponsor these applications and provide a minimum match of 50% for CEBA applications. In addition to the CEBA application, Loparex Corporation is also eligible for the State's High Quality Jobs Program and job training resources. The total request from the State of Iowa will be $217,500. A copy of the application forms submitted to the State of Iowa and City of Iowa City are included in the September I Council information packet. Loparex's application to the City of Iowa City for financial assistance is for a grant in the amount of $75,000 to be used for equipment and machinery, which will enable them to create and retain at least !5 jobs. Through this expansion, Loparex will also be making some site improvements including a new 7,500 square foot addition. These new site improvements will increase the tax base of the Iowa City plant The Council Economic Development Committee will present their recommendations to the City Council. Should the City Council approve local funding for the proposed project, Community Development Block Grant (CDBG) Economic Development Fund or the Council Economic Development Fund could be used for this project. If you need additional information, please contact me at 356-5248 or via e-mail at Steven- Nasby@iowa-city.orq. Prepared by: Steven Nasby, Community & Economic Dev. Coordinator, 410 E. Washin t., lowa City, IA 52240 (319) 356 5248 RESOLUT/ON NO. RESOLU'rZON APPROVING LOCAL FUNDING FOR INC. RELATED TO ECONOMIC DEVELOPMENT ASSISTANCE AND AUTHORIZING THE MANAGER TO ACT AS CHIEF ADMINI'STRA'I'ZVE SUBMIT ALL NECE~ DOCUMENTA'rZON TO THE TOWA DEPARTMENT It4IC DEVELOPMENT AND~ DEPARTMENT OF HOUSING AND URBAN DEVELC WHEREAS, the City of Iowa ~as a general fund ~nomic development activities; and WHEREAS, the CDBG Economic .~lopment Func approved within Iowa City's Annual Action Plans for FY05 and FY06, as City's 200~-2006 Consolidated Plan, as amended, and 2006- 2010 Consolidated Plan to plan for Jse of fec)gral funds to assist lower income residents with housing, jobs and services; and · / / WHEREAS, the City has disseminated ~¢ion and the Council Economic Development Committee held a public meeting to discuss said and WHEREAS, the Council Economic DevelG reviewed the proposed project on September 6, 2005 and will present ~endation on the project submitted by Loparex Inc. - Iowa City Plant; and WHEREAS, the investment terms for financial ~sistance are to be determined by the City Council; and WHEREAS, Loparex Inc. is simultarj'~ously requesting fu~s from the State of Iowa's High Quality Jobs Program and Community Economi~ Betterment Account (~BA); and WHEREAS, the CEBA program rgquires a minimum investmer~of 50 percent as local match; WHEREAS, the City Council finds that the public interest will be s~rved by an allocation of public funding for said project to ex?and a local business and create qual~employment opportunities. NOW, THEREFORE, BE ~1' R/ESOLVED- BY THE CRY COUNCIL OF THE~C~ OF IOWA CRY, IOWA, THAT: 1. The City Manager is hereby authorized and directed to provide all the~.ecessary certification§ or documents required by the U.S. Department of Housing and Urban Development and\or :iowa Department of Economic Development. 2. The City Manager is authorized to execute, terminate or amend an agreement(s) with Loparex Inc. for activities in connection with this allocation of public funds. Passed and a day of ,2005. MAYOR Approved by A"I-I'EST: ,," "/z/~ Tt was moved by seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS ABSENT: Bailey Shampion / -- ,'/ lerhoef Prepared by: Steven Nasby, Comm. & Eco. Dev. Coord., 410 E. Washington St., Iowa City, IA 52240 (319) 356 5248 RESOLUTION NO. 05-306 RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE FROM THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT FOR COMMUNITY ECONOMIC BETTERMENT ACCOUNT (CEBA) FUNDS TO ASSIST LOPAREX INC.. WHEREAS, the Iowa City Community Economic Betterment Account (CEBA) program provides financial assistance to promote economic development and create long-term employment opportunities; and WHEREAS, it is in the public interest to use State funding to encourage economic development in Iowa City, Iowa; and WHEREAS, the City of Iowa City desires to be the sponsor and apply for and obtain $75,000 in CEBA funding from the Iowa Department of Economic Development in the form of a grant, in order to assist in the expansion of the Loparex Inc. facility in Iowa City, Iowa; and WHEREAS, it is necessary to provide a local contribution, and the City will be providing funds for machinery and equipment as an economic development tool; and WHEREAS, in order to obtain a competitive CEBA award, the City has approved $ 75.000 in local funds to assist the LOparex Inc., which was approved by Resolution No. 0.5-305 ; and WHEREAS, the City has the authority to provide financial assistance for promotion of economic development. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to encourage economic development by the City of Iowa City, as applicant, and Loparex Inc. as the business, applying for CEBA funding. 2. The Mayor and City Clerk are hereby authorized to make formal application for financial assistance to the Iowa Department of Economic Development for Community Economic Betterment Account funds in the amount of $75,000. Resolution No. 05-306 Page 2 3. The City Manager is hereby authorized to take any additional actions required by the Iowa Department of Economic Development and the CEBA program in order to secure said funding. Passed and approved this 6th day of September ,2005. It was moved by Vanderhoef and seconded by o' Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey ~ Champion x Elliott x Lehman x O'Donnell × Vanderhoef X Wilburn ppdcdbg/res/ceba.doc Prepared by: Dale Helling, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5013 RESOLUTION NO. 05-307 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 first proposed changes to its rates for basic cable programming, equipment installations and equipment rentals to be effective August 1, 2005 and enclosed an FCC Form 1240 dated April 29, 2005 supporting a requested rate of $11.81 per subscriber per month [inclusive of FCC regulatory fees] for cable programming services, and also an FCC Form 1205 dated August 1, 2005 in support of its proposed rates for cable equipment installations and rentals; and, WHEREAS, by letter dated June 16, 2005 from Ms. AIthea Banfield, Mediacom provided additional supporting information for its FCC Form 1205 in response to a request from the City; and, WHEREAS, by separate letter dated June 16, 2005 from Mr. Lee Grassley, Mediacom proposed implementing on August 1, 2005 a different rate for basic cable programming services of $11.95 per subscriber per month and also specified revised rates for cable equipment and rentals but did not submit any new or revised FCC Form 1240 or FCC Form 1205 filings to support these changes; and, WHEREAS, on August 1, 2005 Mediacom began charging for basic tier cable services at the rate levels described by its June 16, 2005 correspondence; and, WHEREAS, in the exercise of its regulatory authority, the City has reviewed these filings and has determined that Mediacom's adjusted FCC Form 1240 supports the initially proposed rate for basic cable programming services and therefore this rate may be deemed reasonable but that the subsequently proposed rate has not been supported and therefore is not reasonable, and that Mediacom's revised FCC Form 1205 was propedy developed and supports the revised rates for equipment installations and rentals which therefore are may be deemed 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) A rate of $11.81 per subscriber per month [inclusive of FCC regulatory charges] for basic tier cable programming service is approved to become effective on billings rendered after August 1,2005. (2) Mediacom shall promptly adjust its rates for basic tier cable programming service pursuant to this Resolution and shall promptly determine the amount of any charges assessed that exceed the level authorized by this Resolution and shall refund such Resolution No. 05-307 Page 2 overcharges pursuant to Section 76.961 of the FCC rules (47 CFR 76.961) to subscribers. Mediacom shall, within 30 days from the date of this Rate Resolution, prepare and submit to the City a report that accounts for the overcharges of cable rates and which describes Mediacom's plan for making refunds, including interest, to subscribers. (3) Mediacom shall take into account the approved Maximum Permitted Rate and its components based upon the City's revised FCC Form 1240 when performing the true-up calculation on its next FCC Form 1240. (4) Mediacom's proposed rates for equipment installations and rentals as indicated on the "Iowa City Rates & Services" titled attachment to its June 16, 2005 letter from Mr. Lee Grassley are approved to become effective on billings rendered after August 1, 2005. (5) Mediacom is directed to review the official FCC Form 1240 and FCC Form 1205 filing instructions to insure 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 ~rh day of ~,?r,~,,h¢,- ,20 05 Appre°k_~.~z.5 C ATTEST: LERK City Attomey's Office It was moved by Vanderhoef and seconded by Champion 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 x Wilbum AssFres/mediacom05rates.doc 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 a part 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. Cityoflowa 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 I9. 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 I9, 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 I9 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 True-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 I4 adjustment was reversed; and, an adjustment of $0.2849 was introduced on Line 18. 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 regulated equipment and installations plus a reasonable profit. The financial information utilized in this form is to be derived directly from the operator's general ledger and subsidiary records that 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. 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 Federal Communications Commission (FCC), the City of Iowa City, Iowa (City) retains authority over basic cable television services provided by Mediacom Communications [d/b/a MCC Iowa, LLC] (Mediacom) in the authorized franchise area encompassing the city; WHEREAS, by ~r dated April 28, 2005, Mediacom filed FCC Form 1240 dated April 29, 2005, for the purpose maximum permitted rates for cable programming services and for requesting the approval of a rate of $11.81 subscriber per month (inclusive of FCC regulatory fees) toAugust and WHEREAS, by cover April 28, 2005, Mediacom FCC Form 1205 dated August 1, 2005, and additional information cover letter dated June 2005, for the purpose of updating maximum permitted rates for cable Jipment installations a d rentals and requesting and justifying adjustments to rates charged for ;rvices to on or about August 1,2005; and WHEREAS, in the exercise of its authority, th~ has reviewed these filings and has determined that Mediacom's FCC Form requested permitted rate was appropriately established; that Mediacom's requested services is reasonable; that Mediacom's FCC Form 1205 calculated maximum appropriately established; and, that the requested rates for equipment installations and rE ~; and, WHEREAS, the findings from the City's , filings are presented in a report prepared by the City's consultant, Rice Williams Associates, to and incorporated by reference in this Resolution. NOW THEREFORE, BE IT RESOLVED BY TI C INCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Mediacom's requested rate of $11.8' subscriber [inclusive of FCC regulatory charges] for basic service tier ramming approved to become effective on billings rendered after August 2. Mediacom's FCC Form 1240 amended by Rice Williams shall be utilized for the starting points of next FCC Form 1240 ~g~with the exception that Mediacom may include the regulatory fee consistently within th~ing if desired. 3. Mediacom's proposed ~or equipment installations and rentals'~,s indicated on its "Summary of Rates" to its FCC Form 1240 filing are approved to become effective on billings 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 //" ~ AJ~ p r o.v.~..d by ATTEST: '% / '~~ _~- (O~- CITY CLERK --~', /C---~ Attorney's Office / It was moved by and se~ond,e'd by the Resolution be a dop ted, and upon ro IV call there we re~ /\'/ ~~ AYES: NAYS:/ ',,\, ABSENT: __ _ ~ "~ Bailey .~/ ~__ Champion --- ~ ~ -- Elliott -- 7 %-- Lehman I- / _~.i_~ O'Donnell ' / ~ Vanderhoef cabletv\res\mediacom~ Z / _.___~__ Wilburn Prepared by Susan Dulek, Assistant City Attorney, 410 E.Washington, Iowa City, IA 52240, (319) 356-5030 RESOLUTION NO. 05-308 RESOLUTION RATIFYING THE SETTLEMENT OF PENDING LITIGATION. WHEREAS, William D. Amos and Mahnaz Barooni, husband and wife, filed a lawsuit in the Johnson County District Court, No. LACV063112 against the City of Iowa City with regard to alleged injuries sustained by Mr. Amos on June 8, 2002, as a bicyclist traveling through the "tunnel" beneath the Iowa Avenue Bridge; and WHEREAS, all parties in this matter have arrived at a settlement agreement and wish to resolve the claim without further litigation; and WHEREAS, it is appropriate to ratify said settlement, as provided by law, with payment to William D. Amos and Mahnaz Barooni in the amount of $75,000 in full satisfaction of any and all claims which the claimants and/or parties may have against the City in the above matter, in consideration of the claimants' full release. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. Johnson County District Court case No. LACV063112 should be and is hereby settled, and said settlement, as previously discussed in executive session on September 6, 2005, is hereby ratified for the sum of $75,000 payable to William D. Amos and Mahnaz Barooni and their attorney of record, in full satisfaction of any and all claims. 2. City Council for the City of Iowa City hereby approves said settlement as being in the best interest of the City of Iowa City and the parties involved, ratifies said settlement as provided by law, and confirms that said settlement is hereby ratified, contingent upon execution of appropriate releases and dismissal of the City of Iowa City from Johnson County District Court case No. LACV063112, with prejudice. Passed and approved this 6th day of September ,2005. App[ d by - City Attorney's Office Resolution No. 05-308 Page 2 It was moved by Vanderhoef and seconded by o'Do--~] ] the Resolution be adopted, and upon tell call there were: AYES: NAYS: ABSENT: X Bailey × Champion x Elliott x Lehman X O'Donnell x Vanderhoef × Wilbum