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HomeMy WebLinkAbout1977-10-04 Resolution/,tom. 1 • • /i.�` L(_,1�.// J / RESOLUTION NO. 77-389 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application, filed the bond, and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, HE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the cigarette bond now on file in the office of the City Clerk be and the same are hereby approved, and the City Clerk be and he is hereby directed to issue a permit to sell cigarette papers and cigarettes to the following named persona and firms: Hawkeye Oil -Co., 300 Kirkwood Ave. I.C.B.B., Ltd. dba/The Brown Bottle, 114 South Clinton It was moved by Foster and seconded by Balmer that the Resolution aT read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera X Passed this 4th day of October lg 77 3?9s RESOLUTION N0, 77-390 RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, Regal Vending dba/Valentino's at 115 E. College in Iowa City, Iowa, has surrendered cigarette permit No. 78-70 , expiring June 30 , 19 78 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 78-70 , issued to Regal Vending dba/ Valentino's be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 75.00 , payable to Regal Vending as a refund on cigarette permit No. 78-70 It was moved by Foster and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 4th day of October 19 77 3796 L RESOLUTION NO. 77-391 RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, Regal Vending dba/Serendipity Pub at 1310 Highland in Iowa City, Iowa, has surrendered cigarette permit No. 78-79 expiring June 30 19 18 , and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 78-79 issued to Regal Vending be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 75.00 , payable to Regal Vending as a refund on cigarette permit No. 78-79 It was moved by Foster and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: MEL ARSE Balmer x deProsse x Foster X Neuhauser X Perret X Selzer X Vevera X Passed this 4th day of October , 19 77 3747 1 0 RESOLUTION NO. 77-392 40 RESOLUTION DESIGNATING PREFERRED REDEVELOPERS FOR REDEVELOPMENT PARCELS IN THE DOWNTOWN URBAN RENEWAL PROJECT WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970, entered into a contract for loan and grant with the United States of America; and, WHEREAS, the City of Iowa City, Iowa, has undertaken pursuant to said contract an Urban Renewal Project known as the City -University Project I, Project No. Iowa R-14; and, WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds pursuant to the Housing and Community Development Act of 1974; and, WHEREAS, the City of Iowa City, Iowa, has, pursuant to the provisions of Title 24, Part 570, Section 570.801(c) of the Code of Federal Regulations, transferred Community Development Block Grant funds to said Urban Renewal project, and transferred control of certain real property acquired in carrying out said Urban Renewal project to the City Council of the City of Iowa City from the City Council acting as LPA, by Resolution No. 76-446, dated December 14, 1976, and by Resolution No. 77-312, dated August 9, 1977; and, WHEREAS, the City Council of Iowa City, Iowa, caused to be issued a solicitation of offers to purchase land fer private redevelopment; and, WHEREAS, offers to purchase land for private redevelopment were received and opened by the City of Iowa City on September 15, 1977; and, WHEREAS, all offers to purchase received have been reviewed by the City staff and the City Council; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that pursuant to the authority granted by Section 403 of the 1977 Code of Iowa and Section 570.801(c) of Part 570, Title 24, Code of Federal Regulations, and pursuant to the procedures specified in Section 5, Iowa City Downtown Urban Renewal Prospectus, the following redevelopers are designated as the preferred developers of the disposition parcels set forth below: Parcel Number Designated Developer 64 Dey Building Corporation 81-1 Richard Pieper 82-1a College Block Partners 82-1b North Bay Construction, Inc. 83-1/84-1 Old Capitol Associates 93-1/101-2 Pentacrest Garden Apartments 93-2 Ervin Lovetinsky 93-3 Rebid 101-1 Perpetual Savings and Loan Association 102-1 Mod Pod, Inc. 102-2 Old Capitol Associates 102-3,4 First Federal Savings and Loan Association 103-3 Old Capitol Associates ril Res. No. 77-392 -2- BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to carry out the land disposition procedures in accordance with Iowa law, and as set forth in the Iowa City Downtown Urban Renewal Prospectus. BE IT FURTHER RESOLVED that these designations of preferred developers do not constitute acceptance of any offers to purchase. It was moved by deProsse and seconded by Perret _that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer �— deProsse x—_ Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 4th day of October 1997. Mayor ro uai ATTEST: I �' City Clerl RESOLUTION N0. 77-393 RESOLUTION APPROVING FINAL PLAT OF STURGIS CORNER ADDITION, PART II WHEREAS, a final plat of Sturgis Corner, Iowa City, Iowa, has been filed with the Clerk of Iowa City, and after consideration was found to be in accordance with the provisions of the laws of the State of Iowa and the ordinances of the City of Iowa City, Iowa, by the Iowa City Planning and Zoning Commission, and WHEREAS, an improvement agreement has been entered into between the City of Iowa City and Southgate Development Company, Inc., which provides for the installation of concrete paving within such subdivision, and WHEREAS, the City of Iowa City has agreed to the following waivers and contingencies to the approval of the final plat: 1) reduction of right-of-way width to 45'; 2) reduction of pavement width to 25'; 3) installation of sidewalks along the streets proper be waived; 4) installation of a 4" x 6' asphaltic concrete walkway along the river; and 5) signatures of the utility companies. WHEREAS, the dedication has been made with the free consent and in accordance with the desire of the proprietors. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa, that the said final plat of Sturgis Corner be and the same is hereby acknowledged and approved on the part of Iowa City, Iowa, and the dedication of the streets as by law provided is hereby accepted. BE IT FURTHER RESOLVED that at such time as the certificates required pursuant to the provisions of Chapter 409 of the Code of Iowa have been executed and presented to the Clerk, the Mayor and the Clerk are hereby directed to certify a copy of this resolution to the County Recorder of Johnson County, Iowa. Moved by deProsse , seconded by Balmer that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x FOSTER x NEUHAUSER X PERRET X SELZER z VEVERA RECEIVED & APPROVED BY TILE LIE AL DI PARTMENT ME 0 0 Resolution No. 17- 393 Page 2 Passed and approved this 4th day of October 1977. -ct'�ttW. R-&� Mayor F ATTEST: City Clerk 1 The foregoing resolution is hereby duly certified by Abbie Stolfus, the City Clerk of Iowa City, as a true and exact copy of the resolution of the City Council of Iowa City, Iowa, adopted at a regular meeting held on the 4th day of October , 1977. Abbie Sto fus, City Clerk of Iowa City, Iowa RESOLUTION NO. 77-394 RESOLUTION REGARDING EPSTEIN'S BOOK COMPANY, INC. WHEREAS, the City of Iowa City, Iowa, has rented a modular unit in the Clinton Street Mall to Harry Epstein and Glenn Epstein doing business as Epstein's Bookstore, and, WHEREAS, the City has obtained a judgment against Barry Epstein and Glenn Epstein for back rent and has pursuant to that judgment levied upon certain relocation benefits under the Federal Uniform Relocation Assistance Act in the approximate sum of $4, 500. 00, which levy has been disputed by the receiver for the bankrupt, Epstein's Book Company, Inc. , and, WHEREAS, the receiver has agreed not to press any claims with respect to said $4, 500.00 levy in the event the City agrees not to press claims against the bankruptcy estate of Epstein's Book Company, Inc. , for current rent due. NOW THEREFORE BE IT RESOLVED that the City of Iowa City, in consideration of the above, agrees as follows: 1. That the receiver, David Miller, may remain in possession of the Clinton Street Mall units through October 1, 1977, in order to hold a public bankruptcy auction and for a short period thereafter necessary for clean-up and vacation of any remaining items. 2. That the City agrees not to assert against the receiver any claim for the current rent due in the approximate amount of $3,765 .00. It was moved by deProsse and seconded by Foster :38/0 0 Res. No. 77-394 _ 2 _ roll call there were: that the resolution as read be adopted, and upon AYES: Balmer x deProsse x x Foster Neuhauser x x Perret Selzer x Vevera x NAPS: ABSENT: Passed and approved this 4th day of October 1977. Mayor Pro em Attest City Clerk RECEIVED & APPROVED BY THE ECAL DEPARTIAENT 0 9-1 - -I 0 9 HAYEK, HAYEK & HAYEK WILL J. HAYEK ATTORNEYS AT LAW JOHN W. HAYEK 110 EAST WASHINGTON STREET C. PETER HAYEK IOWA CITY. IOWA 52240 C. JOSEPH HOLLAND September 2, 1977 The Honorable Mayor and City Council of Iowa City Civic Center Iowa City, Iowa 52240 Re: Epstein's Bookstore Mayor and Council Members: AREA CODE 319 337-9606 ���� SEP2o1977 ABBIE STOLFUS CITY CLERK This letter is to bring you up to date on the Epstein's Bookstore matter. If you will recall in September of 1976 the City entered into an agreement with Harry Epstein and Glenn Epstein with respect to the pay- ment to the City of $8, 873. 00 in back rent. Under the terms of that agreement the Epsteins were to pay $4,436.50 to the City at that time and the balance by September 1, 1977. When the Epsteins failed to make the payments called for in the agreement of September, 1976, and specifically when payment of the March 1, 1977, payment of $2,218. 25 was not made, it became apparent that further action was necessary in order to protect the City's interest. Therefore on March 23, 1977, I directed the Sheriff of Johnson County to execute the City's judgment against the Defendants by attaching approxi- mately $4, 500. 00 of federal relocation assistance act funds due to the Epsteins. That levy was completed and the City has been paid in full under the terms of the September, 1976, agreement. In the interim, however, Epstein's Bookstore has been falling behind in its current rent payments. To the best of my information no rent payments have been made for March, 1977, or any of the suc- ceeding months. Following Council direction I initiated eviction pro- ceedings on July 21, 1977. However, since that time Epstein's Book Company, Inc. , has gone into bankruptcy and we have been advised by the bankruptcy court that the state court eviction proceedings would have to be terminated, our remedy to obtain possession being through the bankruptcy court. Since that time I have been negotiating with the receiver for the bankrupt corporation concerning both the funds that we deducted from the relocation payments and with respect to the matter of possession of 0 0 The Honorable Mayor and City Council of Iowa City - 2 - September 2, 1977 the store building. As a result of these negotiations I believe that we have reached a very satisfactory solution for the City. I am enclosing a copy of a letter I received from the receiver, Mr. Miller, dated August 30, 1977. As you can see from the letter the receiver is prepared to waive any claim concerning the previously deducted relocation benefits in the event that we waive our claim to rent for the current rent arrearage and further on condition that we allow them to remain on the premises through October 1, 1977. In my opinion this is a very satisfactory solution. First of all, the Epsteins would owe the City rent through September, 1977, in the amount of $4, 942. 00. however, I believe that our chances of ever collecting that money are minimal to say the least. Further, the receiver points out that with respect to the bankruptcy matter there are delinquent sales and withholding taxes of several thousand dollars. Further, I very much doubt that we would be able to obtain possession of the property through the bankruptcy court at any time prior to October, 1977. I there- fore am submitting for your consideration a resolution, as requested by the receiver, wherein the City would agree to make no further claims in the bankruptcy case. If any of you have any questions about this matter, please do not hesitate to ask. Respectfully submitted, olin Hayek JWII:vb Enclosures • .. ._ • Attorney and Counselor at Lazo 1126 DAVENPORT BANK BUILDING DAVENPORT, IOWA 52801 August 30, 1977 Mr. John W. Hayek, Attorney at Law Hayek, Hayek and Hayek Law Firm 110 East Washington Street Iowa City, Iowa 52240 RE: Epstein's Book company, Inc. Bankruptcy Case No. 77-162-D Dear John: TELEPHONE AREA CODE DIY 924-2728 I am writing this letter pursuant to our telephone conversation last week regarding the leasehold interest of Epstein's Book Company at ABC Clinton Mall in your city. I am the receiver duly appointed and qualified by the bankruptcy court. At present this case is a Chapter XI arrangement proceeding, because the original case which began as an involuntary petition was converted to a Chapter XI. I have filed a motion asking the court to transfer the Chapter XI to straight bankruptcy for want of prosecution. It is my desire as receiver to sell the equipment and books inventory located at ABC Clinton Mall at a public bankruptcy auction on Saturday morning, October 1, 1977, and I have filed a petition to that effect which will be set for hearing Friday, September 30, 1977. All creditors properly scheduled (which includes the City of Iowa City) will receive a notice of this proposed sale and of the proposed motion to transfer to straight bankruptcy. Please alert the city's recipient of mail of this notice so you will get a copy. I probably also will post a notice of sale on the front door of the business. I would like to make an arrangement with your city regarding the leasehold premises. I understand that your city is holding approxi- mately $4,500 of a federal relocation grant which was made payable to Epstein's Book Company, Inc. - the corporation - against the liability of the individual shareholders, Harry and Glenn Epstein, under a written and oral lease with the city for the rental of the debtor's premises. Also, I understand that the individuals' liability on their lease is seriously delinquent and that for many months, perhaps as long as a year, you have been looking to the corporation for ro11ponnibility o11 tho 1011110. 0 0 Mr. John W. Hayek, Attorney at Law Page Two My responsibility as a receiver is to make arrangements on leaseholds during the period of administration of the debtor. The time period we are talking about is from the date of the filing of the involuntary petition to the present time which would be from April 19, 1977 until October 1, 1977, on which date after the sale is finished I intend to turn back the premises to the city. The bankruptcy court has jurisdiction of the assets of the debtor and the property on this premises during the above time. One of the assets of the debtor was the account receivable you set off. At the same time it seems to me that the corporation - debtor estate would owe rent in a reasonable amount during this period; because of the condition of the premises and the traffic along it, it seems to me that the agreed upon rent of $700 per month, while it may be a little high for a business going broke is probably a "ballpark" figure on the issue of being reasonable, except perhaps for that period when the business was shut down during August and September. However, the difference is so minor that I do not wish to argue about it and the amount the estate would owe would be in the area of five months for administration, plus ten days which as I calculate would amount to $3,700. This practically eats up the amount you are holding. There would be no question in my mind that the corporation would owe the city this sum rather than the corporation owing the individuals, Glenn and Harry Epstein, because the city at this time is looking to the corporation for payment because of the inability of the Epsteins to personally honor the lease. (This is why you attempted distraint of rent.) In addition, the corporation probably owes as a priority under the Bankruptcy Act at least three months prior to the filing of the involuntary petition, which would be another $2,100. The total of these liabilities of the corporation greatly exceeds the sum you are holding. Therefore, it would be of benefit of the estate for me as receiver to agree with you and the Iowa City Council for your city to retain the moneys you hold without dispute, provided you make no demands on the corporation -debtor estate, or me as receiver, for actual payment of administrative rent other than by setoff. At the same time I propose to leave the premises after the sale on October 1 and turn over the keys to Mr. Hayek and call the utilities for final reading. Mr. John W. Hayek, Attoi I at Law Page Three I must add that the judge and the debtor's attorney do not agree with me on the above analysis on our mutual problem. Both the judge and the debtor's attorney contend that since the setoff was made in May 1977 by your city that the court had jurisdicition to collect these funds from you in an adversary proceeding and whether you prevailed against the receiver or not these funds would be subject to administrative expenses in addition to rent and these would include fees for the U. S. Clerk and the debtor's attorney in the reorganization period. In addition the prior claim for rent within 3 months of the filing would be subject to higher priority payments for taxes. There are delinquent sales and withholding taxes of several thousand dollars. However, since I am the administrator in this estate and have the discretion as to whether or not to bring an adversary proceeding to rake -in the funds which your city set off, I have decided to try to agree with the city to call offthe dispute in consideration of waiver of administrative rent and waiver of any other claims by the city against the corporation. All I would need would be a letter from Mr. Hayek with an attached resolution of the Council acknowledging that the receiver has turned back the premises for the above considerations and has no further claims and will make none, against the assets collected in the bankruptcy case. Please advise if this proposal is acceptable to you. I believe that it is in the spirit of our telephone conversation last week and that it is fair and just to all the parties. In the meantime, I trust that I will be allowed to proceed with my liquidation sale on October 1, 1977 without interference from city officials and I will be prepared to turn over the premises immediately thereafter in the condition in which I found it, except for the absence of the inventory and equipment. Very truly yours, David P. Miller, Receiver DPM:fw HAYEK, HAYEK & HAYEK WILL J. HAYEK ATTORNEYS AT LAW JOHN W. HAYEK 110 EAST WASHINGTON STREET C. PETER HAYEK IOWA CITY. IOWA 32240 C. JOSEPH HOLLAND September 2, 1977 The Honorable Mayor and City Council of Iowa City Civic Center Iowa City, Iowa 52240 Re: Epstein's Bookstore Mayor and Council Members: AREA CODE 316 337.9606 F Y'7'II 1: SEP2 1977 U 'BBIE STOLFUS CITY CLERK 'this letter is to bring ,you up to date on the Epstein's Bookstore matter. If you will recall in September of 1976 the City entered into an agreement with Harry Epstein and Glenn Epstein with respect to the pay- ment to the City of $8, 873. 00 in back rent. Under the terms of that agreement the Epsteins were to pay $4, 486. 50 to the City at that time and the balance by September 1, 1977. When the Epsteins failed to make the payments called for in the agreement of September, 1976, and specifically when payment of the March 1, 1977, payment of $2, 218. 25 was not made, it became apparent that further action was necessary in order to protect the City's interest. Therefore on March 23, 1977, I directed the Sheriff of Johnson County to execute the City's judgment against the Defendants by attaching approxi- mately $4, 500. 00 of federal relocation assistance act funds due to the Epsteins. That levy was completed and the City has been paid in full under the terms of the September, 1976, agreement. In the interim, however, Epstein's Bookstore has been falling behind in its current rent payments. 'Co the best of my information no rent payments have been made for March, 1977, or any of the suc- r.eeding months. Following Council direction 1 initiated eviction pro- ceedings on .July 21, 1977. However, since that time Epstein's Book Company, Inc. , has gone into bankruptcy and we have been advised by the bankruptcy court that the state court eviction proceedings would have to be terminated, our remedy to obtain possession being through the bankruptcy court. Since that time I have been negotiating with the receiver for the bankrupt corporation concerning both the funds that we deducted from the relocation payments and with respect to the matter of possession of • Tho Ilonorable Mayor and City Council of Iowa City - 2 - September 'L, 1077 I,he store building. As a result of these negotiaLions I believe that we have reached a very satisfactory solution I'or the City. I :un enclosing a copy of a letter l received from the receiver, Mr. Miller, dated August 30, 1977. As you can see from the letter the receiver is prepared to waive any claim concerning the previously deducted relocation benefits in the event that we waive our claim to rent for the current rent arrearage and further on condition that we allow them to remain on the premises through October 1, 1977. In my opinion this is a very satisfactory solution. First of all, the Epsteins would owe the City rent through September, 1977, in the amount of $4, 942. 00. However, i believe that our chances of ever collecting that money are minimal to say the least. Further, the receiver points out that with respect to the bankruptcy matter there are delinquent sales and withholding taxes of several thousand dollars. Further, I very much doubt that we would be able to obtain possession of the property through the bankruptcy court at any time prior to October, 1977. I there- fore am submitting for ,your consideration a resolution, as requested by the receiver, wherein the City would agree to make no further claims in the bankruptcy rase. If any of you have any questions about this matter, please do not hesitate to ask. Respectfully submitted, oho Ilayek JWIi:vb Enclosures 0 Attoomy and Counselor at Law 1126 DAVENPORT BANK BUILDING DAVENPORT, IOWA 52801 August 30, 1977 Mr. John W. Hayek, Attorney at Law Hayek, Hayek and Hayek Law Firm 110 East Washington Street Iowa City, Iowa 52240 RE: Epstein's Book Company, Inc. Bankruptcy Case No. 77-162-D Dear John: TELEPHONE ANSA COOS 310 9242728 I am writing this letter pursuant to our telephone conversation last week regarding the leasehold interest of Epstein's Book Company at ABC Clinton Mall in your city. I am the receiver duly appointed and qualified by the bankruptcy court. At present this case is a Chapter XI arrangement proceeding, because the original case which began as an involuntary petition was converted to a Chapter XI. I have filed a motion asking the court to transfer the Chapter XI to straight bankruptcy for want of prosecution. It is my desire as receiver to sell the equipment and books inventory located at ABC Clinton Mall at a public bankruptcy auction on Saturday morning, October 1, 1977, and I have filed a petition to that effect which will be set for hearing Friday, September 30, 1977. All creditors properly scheduled (which includes the City of Iowa City) will receive a notice of this proposed sale and of the proposed motion to transfer to straight bankruptcy. Please alert the city's recipient of mail of this notice so you will get a copy. I probably also will post a notice of sale on the front door of the business. I would like to make an arrangement with your city regarding the leasehold premises. I understand that your city is holding approxi- mately $4,500 of a federal relocation grant which was made payable to Epstein's Book Company, Inc. - the corporation - against the liability of the individual shareholders, Harry and Glenn Epstein, under a written and oral lease with the city for the rental of the debtor's premises. Also, I understand that the individuals' liability on their lease is seriously delinquent and that for many months, perhaps as long as a year, you have been looking to the corporation fur ruupwviibility on tho lonuo. 11 Mr. John W. Hayek, Attorney at Law Page Two My r::.^.poneil;iiity as a receiver is to make arrangements on leaseholds during the period of administration of the debtor. The time period we are talking about is from the date of the filing of the involuntary petition to the present time which would be from April 19, 1977 until October 1, 1977, on which date after the sale is finished I intend to turn back the premises to the city. The bankruptcy court has jurisdiction of the assets of the debtor and the property on this premises during the above time. one of the assets of the debtor was the account receivable you set off. At the same time it seems to me that the corporation— debtor estate would owe rent in a reasonable amount during this period; because of the condition of the premises and the traffic along it, it seems to me that the agreed upon rent of $700 per month, while it may be a little high for a business going broke is probably a "ballpark" figure on the issue of being reasonable, except perhaps for that period when the business was shut down during August and September. However, the difference is so minor that I do not wish to argue about it and the amount the estate would owe would be in the area of five months for administration, plus ten days which as I calculate would amount to $3,700. This practically eats up the amount you are holding. There would be no question in my mind that the corporation would owe the city this sum rather than the corporation owing the individuals, Glenn and Harry Epstein, because the city at this time is looking to the corporation for payment because of the inability of the Epsteins to personally honor the lease. (This is why you attempted distraint of rent.) In addition, the corporation probably owes as a priority under the Bankruptcy Act at least three months prior to the filing of the involuntary petition, which would be another $2,100. The total of these liabilities of the corporation greatly exceeds the sum you are holding. Therefore, it would be of benefit of the estate for me as receiver to agree with you and the Iowa City Council for your city to retain the moneys you hold without dispute, provided you make no demands on the corporation -debtor estate, or me as receiver, for actual payment of administrative rent other than by setoff. At the same time I propose to leave the premises after the sale on October 1 and turn over the keys to Mr. Hayek and call the utilities for final reading. Mr. John W. Hayek, Atto, ;, at Law Page Three I must add that the jud,., and the debtor's attorney do not agree with me on the abuve analysis on our mutual problem. Both the judge and the debtor's attorney contend that since the setoff was made in May 1977 by your city that the court had jurisdicition to collect these funds from you in an adversary proceeding and whether you prevailed against the receiver or not these funds would be subject to administrative expenses in addition to rent and these would include fees for the U. S. Clerk and the debtor's attorney in the reorganization period. In addition the prior claim for rent within 3 months of the filing would be subject to higher priority payments for taxes. There are delinquent sales and withholding taxes of several thousand dollars. However, since I am the administrator in this estate and have the discretion as to whether or not to bring an adversary proceeding to rake -in the funds which your city set off, I have decided to try to agree with the city to call off the dispute in consideration of waiver of administrative rent and waiver of any other claims by the city against th,- corporation. All I would need would be a letter from Mr. Hayek with an attached resolution of the Council acknowledging that the receiver has turned back the premises for the above considerations and has no further claims and will make none, against the assets collected in the bankruptcy case. Please advise if this proposal is acceptable to you. I believe that it is in the spirit of our telephone conversation last week and that it is fair and just to all the parties. In the meantime, I trust that I will be allowed to proceed with my liquidation sale on October 1, 1977 without interference from city officials and I will be prepared to turn over the premises immediately thereafter in the condition in which I found it, except for the absence of the inventory and equipment. Very truly yours, uay.,� e111�4 X cc&A;� David P. Miller, Receiver DPM:fw • 0 City of Iowa City MEMORANDUM DATE: September 28, 1977 TO: Abbie Stolfus FROM: John Hayek RE: Dear Abbie: Please put the Epsteins Bookstore resolution back on the agenda for the next Council meeting. Please change the amount specified in Paragraph 2 of the resolution from $4, 900.00 to $3, 785. 00. John Hayek JWH:vb C1 RESOLUTION No. 77-395 A RESOLUTION AUTHORIZING TEMPORARY FREE PARKING ON BLOCKS 83 AND 84 ON DESIGNATED SATURDAYS. WHEREAS, the City Council of the City of Iowa City deems it in the public interest to provide public parking for the downtown area; and WHEREAS, Blocks 83 and 84, which are bounded by Washington Street to the north, Clinton Street to the east, Burlington Street to the south, and Capitol Street to the west, are presently vacant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWP,that the City of Iowa City will permit free tenrorary parking on designated Saturdays from 8:00 A.M. to 5:30 P.M. on Blocks 83 and 84. It was rmved by Balmer and seconded by Foster that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bahrer X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera Passed and approved this 4th day of October Vv�W• Mayor Pro _ em ATTEST: / �<�[ � `�!cC i i - City Clerk .� i RECEIVED & LPT C :EB BY .TM LE0AL DEPART,'.1 IT �7 1977. 1'k ORESOLUTION NO. 77-396 A RESOLUTION ADOPTING A SEWER TREATMENT PLANT SITE IDENTIFIED AS THE "NORTH SITE" AS A FAVORED LOCATION EOR THE IOWA CITY WkSTE WATER TREATMENT PLANT; M-IEREAS, the City of Iowa City has conducted a public hearing on proposed sites for the new Iowa City waste water treatment plant, and WHEREAS, the City Council deems it in the public interest to select the "north site" as identified in an aerial photo entitled "Proposed Treatment Plant Sites for Iowa City Waste Water Treatment Plant" dated September, 1977, and generally described as a 53 acre tract lying directly south of the south City limits and east of Sand Road, be designated as the favored site, and WHEREAS, the City Council is aware that this site and its selection is sub- ject to approval by the United States Environmental Protection Agency, the Iowa Department of Environmental Quality and the conclusions as determined in the complete waste water treatment plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the "north site" as exhibited in the "Proposed Treatment Plant Sites for Iowa City Water Water Treatment Plant" dated September, 1977, and generally described as a 53 acre tract lying directly south of the south City limits and east of Sand Road be designated as a favored site for the Iowa City waste water treatment plant. It was moved by Foster and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse X Foster x Neuhauser x Perret x Selzer x Vevera Passed and approved this 4th day of October Mayor Pro lom ATTEST: City Clerk 1' )IECETVFD & APPROVED RY T n; LIA!1, 1 �._ 1977. 0 0 PROWSH) 'I R F NIMEN I I I LAN I S I I F S FOR I 01VA C 11 Y KASTE 101 Lk 'I RFATMEN1 PLAVI Ski'l I.MM:l' , 1977 If, -vf� W;I 1, It GRAVED '..PIT 0�0. fAl 05A, 1}t Y,., , r NORTH RAViFf- 'IP17- NCRTH SITE , r1l Ella." *SOLUTION NO. 77-397 • RESOLUTION AUTHORIZING JOINT AGREEMENT BETWEEN THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE COUNCIL OF THE CITY OF IOWA CITY TO COORDINATE NEGOTIATING PROCEDURES FOR PURPOSES OF COLLECTIVE BARGAINING. WHEREAS, the Public Enplcyment Relations Board has recognized that Library Boards are the employers of Library enployees within the meaning of Chapter 20 of the 1977 Code of Iowa, and WHEREAS, this same Chapter 20 permits cooperation and coordination of bar- gaining between two or more bargaining units, and WHEREAS, coordination would be beneficial to both parties given the Iowa City Council's financial responsibilities and the Iowa City Library Board's administrative responsibilities for library service in Iowa City, and WHEREAS, procedures are necessary to make this coordination effective, and WHEREAS, the Iowa City Library Board of Trustees and the Council of the City of Iowa City wish to enter into a joint agreement to coordinate negotia- ting procedures for parposes of collective bargaining, a copy of which agreement is attached to this resolution as "Exhibit A", and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Mayor be authorized to sign, and the City Clerk to attest, this resolution, and Uie attached joint agree ent between the Iowa City Library Board of Trustees and the Council of the City of Iowa City, Iowa, to coordinate negotiating procedures for purposes of collective bargaining. It was move) by deProsse , and seconded by Foster that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balrms X deProsse X Foster X Neuhauser X Perret X Selzer X Vevera Passed and approved this 4th day of October 1977. UARM- Mayor f o fem ATTEST: City Clerk I)Y :f J L1:Gl.t. Ll2S ,'r;'1llT 13 • JOINT AGREEMENT 13ETWEEN IOWA CITY LIBRARY BOARD OF TRUSTEES AND CITY COUNCIL. OF IOWA CITY TO COORDTHATF, NEGOTIATTONS PRO- CEDURES FOR PURPOSES O1' COLLECTIVE BARGAINING An agreement made and entered into this yf1� day of �(c�ew , 1977 by and between the City Council of Iowa City, Iowa, and the Board ,f Trustees of the Iowa City Public Library, Iowa City, Iowa. WHEREAS, the Public Employment Relations Board has recognized that Library Boards are the employers of Library employees within the meaning of Chapter 20 of the 1975 Code of Iowa, and WHEREAS this same chapter 20 permits cooperation and coordination of bargaining between two or more bargaining units, and WHEREAS coordination would be beneficial. to both bodies given the Iowa City Council's financial responsibilities and the Iowa City Library Board's administrative responsibilities for library service in Iowa City, and WHEREAS procedures are necessary to make this coordination effective, NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. Both bodies will bargain in coordir-ation with the duly appointed representatives of thei,- respective employee organizations. 2. The Library Board will designate the City Manager of Iowa City, or his designee, as the bargaining representative for the Iowa City Public Library Board of Trustees. 3. The Library Director or her designee will be a member of the negotiating team and shall represent the Iowa City Public Library Board of Trustees in issues of specific concern to library operations and/or library employees. 4. The Iowa City Public Library Board of Trustees will be notified of all executive sessions of the City Council of Iowa.City called for the purpose of discussing contract negotiations. 5. Subsequent to any negotiated contract the Library Director will be represented on any grievance committee formed as a condition of that contract. 6. This agreement shall cover the period from date of adoption thru the period of any contract covering library employees which may be negotiated .for the period beginning July 1, 1976. oW City Boa)rd of Library Trus Pro k:;li ' 7 ate AOAi 117 —/- Date RECEIVED & AIoPR0VFD p7G 21]E LEGAL DEPARTMENT 3513 I RESOLUTION AUTHORIZING BOARD PRESIDENT TO ENTER INTO STIPULATION WITH LOCAL 183, AMERICA14 FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES WHEREAS, the laws of Iowa allow public employees to bargain collectively after July 1, 7.975, and WHEREAS, the Public Library Board of Trustees has re- ceived a request for formal recognition from Lyle Abel, President, Local 183, American Federation of State, County and Municipal Employees, and WHEREAS, the unit proposed by the above entitled employee organization is an appropriate unit within the meaning of Chapter 20 of the 1975 Code of Iowa, NOW, THEREFORE BE IT RESOLVED BY THE IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES that the Library Board President be authorized to enter into the attached stipulation on behalf of the Public Library of Iowa City, Iowa, for pur- poses of certification and unit determination. II It was moved by )L'TL�.y% and seconded by Kikk'SnN that the resolution as read be adopted. Library oar Preside t Li rary Board Secre;'ary Passed and approved this 'Q 2 , September, 1.977. RECEIVED & APPROVED BY THE LEGAL DEPARTMERT