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Home My WebLink About1979-05-01 Regular MeetingJORM MICROLAB Feb th" Jun. Jul A Dec� 1 2 4 5 6 7 8 1 1 3 1 I REGULAR COUNCIL MEETING OF 14AY 1, 1979 -#-93w- goy , T�(ITLE INSERT. MOVE SIGNAL JORM MICROLAB RETAKE OF PRECEDING DOCUMENT I& N MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES !IOIMCS JORM MICROLAB TARGET SERIES 0 REGULAR COUNCIL MECTI14G OF MAY 1, 1979 # 8S'/— 90�y 3'. 1 7, 3 4 5i 6 718"a v - - _, f y `� j• 1 r �' - � f b` 1 7,4.' Z lit 41' r, � 1 ,1 r �w'�, r .]'� r ,.,,r 1 y t ;, lft' ay1✓:.J K• �v s•'�,v,+,. -v�t5 l•:, ... �., ,r J, a t yF. ), J r J is 1, ,._^ 5 Fru" iljy!!a�:•. r - Jt' tli j.S � +.i hf� K Y cam, I V _ tuy f �1ei .0 r• .... I,a � .e! t} ♦ J• :� r �) .y4 1':. 1r 'J : aia✓ rtijL c.. , I � J _•YJ.k, L, y° �:: ',5. r'.t:. S k::.a t -1,. .';,.'_. �'.. � .-fir . •�. . . .• ...., '.. '..,,. ;: i 1 JORM MICROLAR r ROLL CALL REGULAR COUNCIL MEETING OF MAY 1, 1919 1:30 P.M. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINCS PRESENT ABSENT BALMER / dePROSSE ERDAHL -7, y�r NEUHAUSER / PERRET v ROBERTS V, VEVERA / MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINCS COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MAY 1, 1979 Iowa City Council, reg. mtg., 5/1/79, 7:30 P.M. at the Civic Center, Mayor Vevera presiding. Councilmembers present: Balmer, deProsse, Perret, Roberts, Vevera, Erdahl (7:45 P.M.). Absent: Neuhauser. Staffinembers present: Helling, Brei, Hayek, Glaves, Berlin. Council minutes tape-recorded on Tape 79-14, Side 1, 1183-1914. Mayor Vevera proclaimed the month of May, 1979 as Better Hearing cm 14 and Speech Month; the week of May 1-7, 1979 as Respect for Law Week; the as S month of May, 1979 as Older Americans Month; and May 4, 1979 as Chauncey SSb Swan Day. !I g; :1 Balmer asked that Item 3 (d) 3, letter from Woodfield's, requesting Council permission to be open for business on Sundays for 9th grade & older students, be deleted from the Consent Calendar for discussion. Steve Sinicropi, representing Woodfield's, was present to discuss the proposal. Erdahl arrived, 7:45 P.M. Moved by Balmer, seconded by Perret, that Woodfield's be allowed to open on Sundays for students 16 years of age or older from 3:00 P.M. to 11:00 P.M. for music, dancing & service of non-alcoholic beverages (same as allowed for Grand Daddy's). 135$ Motion carried, 5/1, Vevera voting "no" and Neuhauser absent. Deputy Clerk Brei asked that Council delete Items 3 (c) 1, 2, & 3, Class B Beer Sunday Sales for Control Tower and Class B Beer & Sunday Sales for Pester Derby Oil Co., as the applications were incomplete. Moved by deProsse, seconded by Perret, to delete Items 3 (c) 1, 2, & 3. Motion carried, 6/0. Moved by Perret, seconded by deProsse, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted, as presented: Approval of Official Actions, reg. Council mtg., 4/17/79, 7:30 P.M., and Adjourned Council mtg., 4/17/79, 1:00 P.M., subject to correction, as recommended by City Clerk. Minutes of Boards and Commissions: Broadband Telecommunications' g 60: Comm. -4/17/79;7 -Planning & Zoning Comm. -4/16/79 & 4/19/79;5Human xx Qy1 Rights Comm.-3/19/79;gDesign Review Comm. -4/11/79 & 4/25/79. 3 66 2! Correspondence referred to City Mgr. for reply: IK. Culver & C. Alloway, re expenditure of funds in L. Eaton litigation;�Atty. Sueppel, petition protesting extension of Foster Road & Oakes RIM Second Addn. 3Memo from Traffic Engr. re parking prohibition on 3-1-6-L Oakcrest St. & Woodside Drive. ASally Smith, parking regulations, I_V_6$_. no reply necessary. Applications for use of streets and public grounds. 'IA Socialist Party, use of Blackhawk Mini -park for film showing, 1964 5/1/79, approved. 'John Shields, use of Blackhawk Mini -park to _920— inform 127—inform public about Great Iowa Clean-up, approved. 30. Duer, Plains.—"-/— Distribution lains._$-/Distribution Service, (non-profit) to park bus on City street, approved. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS-DLS MOINES Council Activities May 1, 1979 Page 2 Affirmative roll call vote unanimous, 6/0, Neuhauser absent. Recommendations from Planning & Zoning Comm. 1) approval of prel. plat Oakes Second Addn., 2) Prel. plat & PAD plan for Waldenwood, Part 1, approved, 3) prel. plat & PAD plan Pepperwood, Parts 3-7, approved, 4) Prel. & final LSNRD plan for Procter & Gamble, approved, & 5) prel. & final LSRD, Ralston Creek Village, approved, were noted. Q 7;2 %kaf PAFOO5 . C I A O (5 ) s%em4o &vo L. Aas* . Akiy 1ZLS 4J - RE. 1M at ftyat4 John Suchomel, 330 N. Lucas, stated he opposed Sunday entertainment Aauaam for liquor establishments due to high rate of vandalism which occurs. V73 Sue Norman, 421 N. Lucas, asked that Council consider installing additional street lighting on Lucas, especially between Fairchild & Davenport. a 7y After further discussion, Council asked that Asst. City Mgr. Helling provide information on the policy regarding street lighting & schedule for informal disc. so that Council may review the sufficiency of lighting in the Northside area. Roberts also noted the poor lighting in the downtown area. Public hearing on Sanitary Sewer and Extension Project for the 87S Service Building was held. Moved by Balmer, seconded by Erdahl, to adopt RES. 79-182, Bk. 56, pp. 605-606, APPROVING PLANS AND SPECIFICATIONS FOR SERVICE BLDG. SANITARY SEWER EXTENSION, 1979, and authorization to advertise for bids due 5/23/79. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. Mato 1920..'P.w'4%'R, k- GT4r'*' scho. 007(a - deProsse responded to the letter to editor in 4/30/79 issue of the Press -Citizen. She also made a statement regarding her feelings toward Black's Gaslight Village and the late Henry Black. She indicated that Mr. Black was a legend and that she hoped that the Village could be preserved by the City working with the owner to bring it into compliance with the Housing Code. Balmer questioned the City's financial responsi- bility regarding the unpaid bills owed by Highway Contractors in doing the Four Stormwater Management Projs. City Atty. Hayek will check into the matter and it will be scheduled for informal discussion. After discussion of the Police Chief's memo asking that two of his officers be 4 89� allowed to attend a one -of -a -kind training session in Virginia, a non - ERA state, it was determined that a majority of the Councilmembers were agreeable. Balmer read a statement in response to deProsse's statement regarding the Chamber of Commerce's position on FW518. He endorsed the Chamber being able to express their views as any other tax -paying citizens' group. He stated he would continue to vote as his constituents would like for him to. The majority of Council was agreeable to the ce FinanSst Jrq f Dir.,s keeping a file regarding detailed travel information in the City Mgr.'s office rather than publishing in the disbursements. 877 Recommendation of Design Review Comm. to approve prel. design plans-ff-2$ submitted by North Bay Construction, Inc. for Parcel 82-1b, the Lucas Bldg., located on College & Dubuque, noted. Moved by Perret, seconded by Balmer, to adopt RES. 79-183, Bk. 56, pp. 607-608, APPROVING PRELIMINARY DESIGN PLAN FOR REDEVELOPMENT ON URBAN RENEWAL PARCEL 82-1b. Affirmatives 79 roll call unanimous, 6/0, Neuhauser absent. /v qmu o towv -btu. CooaA . »�.e, )46Q 1'k'bw, C k -0A `-., aUC_. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES nOiNEs r Council Activities May 1, 1979 Page 3 Moved by Balmer, seconded by deProsse, to adopt RES. 79-184, Bk. 56, pp. 609-648, AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH „NOTICE OF INTENT TO ACCEPT A PROPOSAL TO PURCHASE AND REDEVELOP URBAN RENEWAL PARCEL 82-1b by North Bay Constr. Co. Affirmative roll call unanimous, 6/0, Neuhauser absent. $$d Item #13 was deleted from the agenda. Moved by Balmer, seconded by Perret, to defer the Res. Accepting Four Stormwater Management Projs. as done by Highway Contractors, Inc. Motion carried, 6/0, Neuhauser absent. gSl� Moved by deProsse, seconded by Balmer, to adopt RES. 79-185, Bk. 56, pp. 649-651, AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A RENEWAL OF THE CITY'S CONTRACT WITH JOHNSON COUNTY FOR THE PROVISION OF IN -CITY SEATS SERVICE. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. $ V 14 Moved by Balmer, seconded by Perret, that ORD. AMENDING ORD. No. 78-2891, the HOUSING OCCUPANCY AND MAINTENANCE CODE, FOR ESTABLISHING A TYPE III DWELLING AND DWELLING UNIT & BY PRESCRIBING METHODS FOR LICENSING SAID DWELLINGS INCLUDING MINIMUM STANDARDS BY DELETING SECTIONS FOUND TO BE IN CONFLICT WITH OTHER LOCAL CODES AND ORDINANCES & BY MAKING SUCH CHANGES SO AS TO IMPROVE THE READABILITY OF THE CODE AND ITS ADMINISTRATION, be considered and given second vote for passage. Motion to consider carried, 6/0. Affirmative roll call vote on second vote for passage unanimous, 6/0, Neuhauser absent. $$,3_ Moved by Balmer, seconded by Perret, that the meeting be adjourned, 8:25 P.M., 6/0. ROBERT A. VEVERA, MAYOR ABBIE STOLFUS, CITY CLERK MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I401NES COUNCIL MEETING OF ROUTING FOR ORDINANCES, RESOLUTIONS, AGREEMENTS, CONTRACTS, NOTICES. AGENDA ITEM k &_ r3 q II ORIGINAL COPIES ORIGINAL XEROX XEROX DEPUTY CERT. OF COPIES pF COPIES CONT. INSTRUCTION LE R RECR. ITEMS CONTRACT OF ITEMS AFTER EXECUTION FOR FINALIZATION R 4A?otce meet) „y '' Proj - AJ�Jtk $.,,T A/etce Po-Lj,��d We,/ gd4 ��• R PVA 4(,,P ✓�F.i� office_ p✓b Lrt,< • .vwnl B< �- v,�y ,fey s>`A &S . eef P �cCacor�tit, '� olech. S'ia� v J-. .Co. r/ Ceetk4Q.t. lit 'seoy.3t-a� L/ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MORIES I City of Iowa C1 j MEMORANDUM DATE: April 27, 1979 TO: City Council FROM: City Manager RE: Material in Friday's Packet Memoranda from the City Manager: a. Small Cities Application $ s<i b. Davis -Bacon Act S 85 Copy of letter from the City Manager to the president of NOW dated April 24, 1979. Memorandum from Linda Schreiber regarding funding sources for FY 80. 887 Copy of letter from the City Attorney to the Chairman of the Human Rights Commission concerning whether or not the Commission may receive complaints from City employees. !REY Sr Memorandum from Bob Bowlin regarding acceptance of Highway Contractors, Inc., project. g,$9 Memorandum from Marianne Milkman regarding proposed boat ramp at Sturgis Corner. 840 Copy of letter from the Chairman of the Broadband Telecommunications Commission to Mr. Joseph E. Day dated April 26, 1979. S q� Memoranda from the Police Chief: a. Staff Skills School in Williamsburg, Virginia 67A b. Emergency Closing of Capitol Street $93 Memoranda from the Finance Director: a. Permit parking in Grand Daddy's Lot $9y b. Monthly Disbursement Listing 8.95' Mayor's Youth Employment Program monthly report for March 1979 896 Agendas: a. CCN meeting of May 2 97?" b. Housing Appeals Board meeting of April 30 37 9 c. Broadband Telecommunications Commission meeting of May 1 899 d. Planning and Zoning Commission meeting of April 30 900 e. Riverfront Commission meeting of May 2 901 Page to be added to the Municipal Directory for the Senior Center Commission Article: "Suit about trash-to-energy9 0 3 9 02 plan in Ohio" Plaza Previews 901 / MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES N MATERIAL DISTRIBUTED AT INFORMAL DISCUSSION OF APRIL 30, 1979: Agenda of Lower Ralston Creek Neighborhood Citizens' Meeting 0 -7/7/75? Legislative Bulletin Minutes of 4/4/79 of JCRPC's Program Development Subcomnittee MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 140INES COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MAY 1, 1979 Iowa City Council, reg. mtg., 5/1/79, 7:30 P.M. at the Civic Center, Mayor Vevera presiding. Councilmembers present: Balmer, deProsse, Perret, Roberts, Vevera, Erdahl (7:45 P.M.). Absent: Neuhauser. Staffinembers present: Helling, Brei, Hayek, Glaves, Berlin. Council minutes tape-recorded on Tape 79-14, Side 1, 1183-1914. Mayor Vevera proclaimed the month of May, 1979 as Better Hearing and Speech Month; the week of May 1-7, 1979 as Respect for Law Week; the month of May, 1979 as Older Americans Month; and May 4, 1979 as Chauncey Swan Day. Balmer asked that Item 3 (d) 3, letter from Woodfield's, requesting Council permission to be open for business on Sundays for 9th grade & older students, be deleted from the Consent Calendar for discussion. Steve Sinicropi, representing Woodfield's, was present to discuss the Perrr et, thatWoodfielddahl 'Yd sb7 be allowed t Mopen on Sundays for oved bBalmer, ostudents 16 I years of age or older from 3:00 P.M. to 11:00 P.M. for music, dancing & service of non-alcoholic beverages (same as allowed for Grand Daddy's). Motion carried, 5/1, Vevera voting "no" and Neuhauser absent. Deputy Clerk Brei asked that Council delete Items 3 (c) 1, 2, & 3, Class B Beer Sunday Sales for Control Tower and Class B Beer & Sunday Sales for Pester Derby Oil deProsse, seo seconded by applications neincomplete. m deleteItems3(c)1,e2, & Moved.Motion I calowin rried, Calendars sbe received, oreconded by deProse, that the lapproved, and/or adopted, as presented: Approval of Official Actions, reg. Council mtg., 4/17/79, 7:30 P.M., and Adjourned Council mtg „ 4/17/79, 1:00 P.M., subject to correction, as recommended by City Clerk. Minutes of Boards and Commissions: Broadband Telecommunications Comm. 4/17/79; Planning & Zoning Comm. -4/16/79 & 4/19/79; Human Rights Comm. -3/19/79; Design Review Comm. -4/11/79 & 4/25/79. Correspondence referred to City Mgr. for reply: K. Culver F C. Alloway, re expenditure of funds in L. Eaton litigation; Atty. Sueppel, petition protesting extension of Foster Road & Oakes Second Addn. Memo from Traffic Engr. re parking prohibition on Oakcrest St. & Woodside Drive. Sally Smith, parking regulations, no reply necessary. e of rouds. IA Socialist�Party,Isuse rofsBlackhawkeMini-parkts nd bfor lic filmnshowing, 5/1/79, approved. John Shields, use of Blackhawk Mini -park to inform public about Great Iowa Clean-up, approved. D. Duer, Plains Distribution Service, (non-profit) to park bus on City street, approved. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINCS Council Activities May 1, 1979 Page 2 Affirmative roll call vote unanimous, 6/0, Neuhauser absent. Recommendations from Planning & Zoning Comm. 1) approval of prel. plat Oakes Second Addn., 2) Pre]. plat & PAD plan for Waldenwood, Part 1, approved, 3) prel. plat & PAD plan Pepperwood, Parts 3-7, approved, 4) Prel. & final LSNRD plan for Procter & Gamble, approved, & 5) pre]. final LSRD, Ralston Creek Village, approved, were noted. John Suchomel, 330 N. Lucas, stated he opposed Sunday entertainment for liquor establishments due to high rate of vandalism which occurs. Sue Norman, 421 N. Lucas, asked that Council consider installing additional street lighting on Lucas, especially between Fairchild & Davenport. After further discussion, Council asked that Asst. City Mgr. Helling provide information on the policy regarding street lighting & schedule for informal disc. so that Council may review the sufficiency of lighting in the Northside area. Roberts also noted the poor lighting in the downtown area. Public hearing on Sanitary Sewer and Extension Project for the Service Building was held. Moved by Balmer, seconded by Erdahl, to adopt RES. 79-182, Bk. 56, pp. 605-606, APPROVING PLANS AND SPECIFICATIONS FOR SERVICE BLDG. SANITARY SEWER EXTENSION, 1979, and authorization to advertise for bids due 5/23/79. Affirmative roll call vote unanimous, i 6/0, Neuhauser absent. deProsse responded to the letter to editor in 4/30/79 issue of the Press -Citizen. She also made a statement regarding her feelings toward Black's Gaslight Village and the late Henry Black. She indicated that Mr. Black was a legend and that she hoped that the Village could be preserved by the City working with the owner to bring it into compliance with the Housing Code. Balmer questioned the City's financial responsi- bility regarding the unpaid bills owed by Highway Contractors in doing the Four Stormwater Management Projs. City Atty. Hayek will check into the matter and it will be scheduled for informal discussion. After discussion of the Police Chief's memo asking that two of his officers be allowed to attend a one -of -a -kind training session in Virginia, a non - ERA state, it was determined that a majority of the Councilmembers were agreeable. Balmer read a statement in response to deProsse's statement regarding the Chamber of Commerce's position on FW518. He endorsed the Chamber being able to express their views as any other tax -paying citizens' group. He stated he would continue to vote as his constituents would like for him to. The majority of Council was agreeable to the Finance Dir.'s keeping a file regarding detailed travel information in the City Mgr.'s office rather than publishing in the disbursements. Recommendation of Design Review Comm, to approve prel. design plans submitted by North Bay Construction, Inc. for Parcel 82-1b, the Lucas Bldg., located on College & Dubuque, noted. Moved by Perret, seconded by Balmer, to adopt RES. 79-183, Bk. 56, pp. 607-608, APPROVING PRELIMINARY DESIGN PLAN FOR REDEVELOPMENT ON URBAN RENEWAL PARCEL 82-1b. Affirmative roll call unanimous, 6/0, Neuhauser absent. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110INES Council Activities May 1, 1979 Page 3 Moved by Balmer, seconded by deProsse, to adopt RES. 79-184, Bk. 56, pp. 609-648, AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF INTENT TO ACCEPT A PROPOSAL TO PURCHASE AND REDEVELOP URBAN RENEWAL PARCEL 82-1b by North Bay Constr. Co. Affirmative roll call unanimous, 6/0, Neuhauser absent. Item #13 was deleted from the agenda. Moved by Balmer, seconded by Perret, to defer the Res. Accepting Four Stormwater Management Projs. as done by Highway Contractors, Inc. Motion carried, 6/0, Neuhauser absent. Moved by deProsse, seconded by Balmer, to adopt RES. 79-185, Bk. 56, pp. 649-651, AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A RENEWAL OF THE CITY'S CONTRACT WITH JOHNSON COUNTY FOR THE PROVISION OF IN -CITY SEATS SERVICE. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. Moved by Balmer, seconded by Perret, that ORD. AMENDING ORD. No. 78-2891, the HOUSING OCCUPANCY AND MAINTENANCE CODE, FOR ESTABLISHING A TYPE III DWELLING AND DWELLING UNIT & BY PRESCRIBING METHODS FOR LICENSING SAID DWELLINGS INCLUDING MINIMUM STANDARDS BY DELETING SECTIONS FOUND TO BE IN CONFLICT WITH OTHER LOCAL CODES AND ORDINANCES & BY MAKING SUCH CHANGES SO AS TO IMPROVE THE READABILITY OF THE CODE AND ITS ADMINISTRATION, be considered and given second vote for passage. Motion to consider carried, 6/0. Affirmative roll call vote on second vote for passage unanimous, 6/0, Neuhauser absent. Moved by Balmer, seconded Perret, that the meeting be adjourned, 8:25 P.M., 6/0. p JUHN R. BALMER, MAYOR PRO TEM 8 IE STOLFUS, CIT CLERK MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES I401NES e IOWA CITY CITY COUNCIL AGENDA REGULAR COUNCIL. MEETING OF MAY 1, 1979 7:30 P.M. COUNCIL CHAMBERS, CIVIC CENTER 410 E. WASHINGTON MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES AGENDA RF.CULAR COUNCIL MEETING MAY 1 1979 --1? y item No. 1 - MEETING TO ORDER. ROLL CALL. Item No. 2 - MAYOR'S PROCLAMATIONS. a. Better Nearing and Speech Month, May 1979. b. Respect for Law Week, May 1-7, 1979 C. Older Americans Month, May 1979. d. Chauncey Swan Day, May 4, 1979. Maiv-0 CI&uay':�-ci cllwu& ,.10?cOC.('�L'm•vi�cn,p , Item No. 3 - CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. a. Approval of Official Actions of the adjourned Council meeting of April 17, 1979, and of the regular Council meeting of April 17, 1979, subject to correction, as recommended by the City Clerk. b. Minutes of Boards and Commissions. (1) Broadband TelecommunicatLons Commission meeting of April 17, 1979. (2) Planning, and Zoning Commission informal meeting of April 16, 1979. (3) Planning and Zoning Commission meeting of April 19, 1979. (4) Human Rights Commission meeting of March 19, 1979. (5) Design Review Committee meeting of April 11, 1979. (6) Design Review Committee meeting of April 25, 1979. C. Permit Resolutions, ns recommended by City Clerk: (I Resolution Approving Class B Beer Sunday Sales Permit Application for Four Cushions, Inc. dba/Control Tower, I8-20 S. Clinton(new) � tin ' a 7 (2) Resolution Approving Class C-Beetjermit Applicntlon for Pester Derby Oil Co., 606 S. Rivers Ldec-D�r,. (renewal) MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Agenda Regular Council Meeting May 1, 1979 7:30 P.M. Page 2 (3) Resolution Approving Class_C-Beer"Sunday Sales Permit Application for-Pestie Derby Oil Co., 606 S. Riverside ) .'(renewnl) d. Correspondence. (1) Tetter from Sally A. Smith expressing appreciation for Council's action to modify the parking regulations. No reply is necessary. (2) Letter from Ken Culver and Cindy Alloway regarding ex- penditure of funds in the Linda Eaton litigation. This letter has been referred to the City Manager for reply. ('9-) tier from Barry Ambrose requesting CounciL_s'permis- sion for codfield=s_tc_op�en�for busine ss on Sundays, from 7:00 to 11:00 P.M.,_fotla'ncing-and_sale of non- alcoholic beverages The City Manager will reply after Counci1 -has made a decision in this matter. (4) Letter from William F. Sueppel with enclosed petition signed by 65 residents in the North Dubuque Road area protesting against the Foster Road extension and against Oaken Second Addition insofar as Foster Road in a part of it. This letter has been referred to the City Manager for reply. (5) Memorandum from Traffic Engineer regarding parking pro- hibitions on Oakcrest Street and on Woodside Drive. e. Applications for the use of streets and public grounds. (1) Request by Iowa Socialist Party to use Blackhawk Mini -park for showing a film on May 1, 1979. (Approved) (2) Request by John T. Shields to use Blackhawk Mini -park on April 28, 1979, to inform the public nbout the Creat Iowa Clean-up. (Approved) (3) Request by Mr. David Duer, The Plains Distribution Ser- vice, Inc. (non-profit), to park the Plains Rook Bus on n City street. (Approved) i�°I''w::n \ .I'JI: cw. ,I c �'Ci<A GLU.a � I•-� �.:'h i (� « kry, t x �,,.: �n�.1 END 1OF CONSENT CALENDAR. 1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIES 4. r+'. :,1:'<�, "1.. ...�..i[.'17�•'.f'(fll_'._ CSO. Lli {{fQ�-4�I rnt i ��C."5 I � :. •L �I I I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES J - i�•0{' ��1'r:�:. .r:S-IGS. 'L�1�=f��'l C%.!� FC.�t.:�(., c ( "� 6(ILL.� ��j/�. �.:�%£ -. (f _ n ..., , : - .: t . • may/ // /f y�� 4. r+'. :,1:'<�, "1.. ...�..i[.'17�•'.f'(fll_'._ CSO. Lli {{fQ�-4�I rnt i ��C."5 I � :. •L �I I I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES Agenda Regular Council Meeting May 1, 1979 7:30 P.M. Page 3 Item No. 4 - PLANNING ANO ZONING MATTRRS. a. Consider a recommendation of the Planning and 7,oninp Commis- sion to approve the preliminary plat of Oakes Second Addi- tion. .9-7904. Comment: The Planning nod Zoning Commission, at a regular meeting held April 19, 1979, recommended by a unanimous vote (4-0) approval of the subject development plan located on Quincent Street extended with the following contingencies: (1) The sanitary sewer located between lot h and 7 should be relocated to follow quincent Street; and (2) note number five should he revised to indicate that stormwater detention will he provided off-site and said facility will meet all of the requirements of the City's Stormwater Man- agement Ordinance. This recommendation is consistent with the staff recommendation presented in a staff report dated April 19, 1979, which is attached to this agenda. A resolu- tion for consideration of the item will he presented at the next meeting pending resolution of the contingencies noted above. b. Consider a recommendation of the Planning and Zoning Com- mission to approve the preliminary plat and planned area de- velopment plan of Waldenwood, Part 1. 5-7907. Comment: The Planning, and Zoning Commission, at a regular meeting held April 19, 1979, recommended by a unanimous vote i (4-0) approval of the subject development plan located in the northwest quadrant of the intersection of Rohret Road and Mormon Trek Boulevard subject to the approval of the fire lane and private drive cross sections by the Engineer- ing Division. This recommendation is consistent with the staff recommendation presented in a staff report dated April 19, 1979, which is attached to this agenda. A resolu- tion for consideration of this item will be presented at i( the next regular meeting pending correction of the Contin- gencies noted above. C. Consider a recommendation of the Planning and Zoning Commis- sion to approve the preliminary plat and planned area develop- ment plan of Pepperwood, Parts 3-7. 5-7908. Comment: The Planning and Zoning Commission, at a regular meeting held April 19, 1979, recommended by a unanimous vote (4-0) approval of the subject development plan located west of Pepper Drive and south of the K -Mart area contingent upon (1) receipt prior to submission of the final plat of an Agreement relating to the development of Keokuk Street and the driveway west of Keokuk Street, and (2) deletion from the PAD plan of the structural design similar to those shown on /l MICROFILMED BY v JORM MICROLAB CEDAR RAPIDS -DES MOINES Agenda Regular Council Meeting May 1, 1979 7:30 P.M. Page 4 Item No. 4.c. continued. lot 97 and 96 of the preliminary plan. This recommendation is consistent with the staff recommendation presented in a staff report dated April 19, 1979, which is attached to this agenda. A resolution for consideration of this item will be presented at the next regular meeting pending, the correction of the contingencies noted above. d. Consider a recommendation of the Planning and Zoning Commis- sion to npprove Lite preliminary and final large scale non- residential development plan (2) of Procter and Gamble Manu- facturing Company. S-7911. Comment: The Planning, and Zoning Commission, at a regular meeting held April 19, 1979, recommended by a unanimous vote (4-0) approval of the subject development plan located at 2200 Lower Muscatine Road. This recommendation is con- sistent with the staff recommendation presented in a staff report dated April 19, 1979, which is attached to this agenda. A resolution for consideration of this item will he presented at the next regular meeting. e. Consider a recommendation of the Planning and Zoning Com- mission to approve the preliminary and final 1.S111) plan of Ralston Creek Village. S-7$41. Comment: The Planning and Zoning Commission, at n regular meeting held March 15, 1979, recommended by a unanimous vote (5-0) approval of the subject development plan located be- tween Gilbert and Van Buren Streets just north of the Abram's Furniture Store with the following contingencies: (1) the signatures of the utility companies be approved on the plan; (2) the legal description be completed including a metes and hounds description and the certification of a registered land surveyor; (3) the sidewalk must continue to the drive on Van Buren Street back to the existing, sidewalk; and (4) the revision of the legal papers being completed. (Con- tingencies 1, 2 and 3 have now been resolved.) This recom- mendation is consistent with the staff recommendation presented in a staff report dated March 15, 1979, which was attached to the Council agenda of March 27, 1979. The staff met with the applicant's engineer regarding the possibility of relocating the trunk sewer and acquiring the necessary easements and the applicant has expressed willingness to co- operate in this matter. Before the final LSRD plan is acted upon, the Council needs to decide whether the sewer should be relocated or an easement condemned for Lite existing sewer. This recommendation was on the agenda of April 24 and is being presented again, along with the attached legal opinion, for further discussion by the Council. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110114Es MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1 Agenda Regular Council Meeting May 1., 1979 7:30 P.M. Page 5 Item No. 5 — PUBLIC DISCUSSION. FX9i/L 5<'4, G?UtF -,a I lJ2vlO f Item No. 5 - PUBLIC NEARING FOR SERVICE. BUILDING SANITARY SRNF.R AND EXTENSION PROJECT. Comment: This sewer will serve the new service building as well as future expansion of the service area. Estimated cost is approximately $23,000. A memorandum from the Public Works Director concerning this project is attached to the agenda. Action: �' c�P — Na n1e Item No. 7 - CONSIDER RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR SERVICE. BUILDING SEWER EXTENSION. Comment: Since this is not a contrnversial project, staff is asking for approval of plans and specs at the same meeting as the hearing. This would help in construction scheduling. This resolution would also authorize the Clerk to advertise for bids due on May 23, 1979 at 10:00 A.M. Action: i 1 I Item No. 8 - CITY COUNCIL INFORMATION. r�>:� � ��9/6-hVU2r.i� -�O r.�EL/:, � l.lil.'( �Jrr`:�7- �%Ji%.=%2• \ //A///✓r -. . u,lL�i��=� c.�.lr. f.-F?n/.�.:�. %/�OC(J�L�^r ��cr7/; .�oiL. • 11r ahq I.I I! i�(ill I: ''ftp ... .. 1 • I \ ..�)'✓. Ii.I:-:.. �1:!/ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES d101?IES urnn-v-f-(,-t_ L-1 .0 77 ,-I�. p,.-)._ , -� .0 ale -._LJ lit- i �.,`�� 1 ��'L4�S'S20 `i"LC`1�� 'hC.•000F i�Ill�./' _ �/��1G/i;t.l.'-c� Lfii/l V I ti.�.1-211;7 I. ✓IID /lL"il` I L j, �' �?/t �a�r l [l %J /f '��//. J �. r ��•/! � . ;- v. _OF Z/ c) / MICROFILMED BY T ^ JORM MICROLAB CEDAR RAPIDS -DES MOINES 1 �p Q'f,-i. �� ..1,: F2:.7-t:;✓1: _.; ,,a 72.C"f 21�1'C.CI��`�'1��. �`��GG F!G% �- -- 'I �cL{ . I-C c .1pG'>L.J �:. �Y> � cr 7-'S ��n • ! ��1.:�-f !� t�G.p �os[L/i0 �-�J �r�a2ceo7-an or. .nZ//��Glll„� ._Gf t"��lr'.:..� 'D<c IECE 22£ .:6u�[n (.:,�Fc"�.(" COi/ai� rrlTG>j C(.r?.[,>D / r <� v� o t 1°-'�'•`-c" Y c7z.vci cfe7 r �[I c/ �s /,i: UV 1 i I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Agenda Reptilar Council Meeting May 1, 1979 7:10 P.M. Page 6 Item No. 9 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. LL �� JJ CG.2L✓G �-j` I b. City Attorney. . /I/e 1'44a l '� Item No. 10 - RECOMMENDATIONS OF THE BOARDS AND COMMISSIONS. a. Consider recommendation of the Design Review Committee to approve the preliminary design plans submitted by North Day Construction Inc. for parcel 82 -lb, the Lucas Building located on College and Dubuque Streets. Item No, It - CONSIDER RESOLUTION APPROVING 'Clip PRELIMINARY DESIGN PLAN FOR I1q� REDEVELOPMENT ON URBAN RENEWAL PARCEL 82 -Lb. Comment: This resolution approves the Preliminary Design Plans for the development proposed by North Ray Construction, Inc. A memo- randum on this subject accompanies this agenda. The staff recommends adoption of the Resolution. Action: 82Q lt/d / 6 /D lvter 'ts7 / jr . Item No. 12 - CONSIDER RESOLUTION AUTHORIZING AND DIRECTING THE CITY CLP.RH TO PUBLISH NOTICE OF INTENT TO ACCEPT A PROPOSAL TO PURCHASE AND RM- EVELOP CERTAIN URBAN RENEWAL PROPERTY. Comment: This resolution causes publication of notice of intent to accept the redevelopment proposal submitted by North Ray Construction, / /. Inc. for Parcel 82 -lb. A memo on this topic accompanies the agenda. The staff recommends adoption of the resolution. Actinn: ( I 'lL 1� _�'! l MICROFILMED BY JORM MICROLAB CEDAR RAPIDS.DCS IIOIBES M I I Agenda Regular Council Meeting May 1, 1979 7:30 P.M. Page 7 Item No. 13 - CONS. )EER RESOLUTION AUTHORIZING THE PREPARAT N-017 THE RESOLUTION OF NECF. ;J FOR THE CONS'PRUCr10N OF S -E MPROVFMFNTS FOR EDL SECOND ADDITI Comment: A resolution of nece y is wired for the EDI Second Addi- tion improvem ecause this wiles- an assessment ssessment project. Ac t Lnn . \ item No. 14 - CONSIDER RESOLUTION ACCEPTING FOUR STORMWATER MANAGEMENT PROJECTS. Comment: Action: This resolution was deferred from the meeting of April 24. It has been reviewed and approved by Legal. Tcd P_:,L Item No. 1.5 - CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF THE CITY'S CONTRACT WITH JOHNSON COUNTY FOR THE PROVISION OF IN -CITY SEATS SERVICE. Comment: This second renewal of the City's contract continues the present /-35 level of SEATS service within Iowa City. The cost increases from $31,748.91 to $37,655.07, due to a realignment of service hours, which will result in more vehicle -hours of operation available to Iowa City during peak periods. Part of this increase, how- ever, will he offset by the greater fare revenues being credited hack to the City. This service was included in the budget for FY80 and is funded In part by State Transit Grant assistance. Action: Item No. 16 - CONSIDER AN ORDINANCE AMENDING ORDINANCE NO. 78-2891. THE HOUSING OCCUPANCY AND MAINTENANCE CODE. FOR ESTABLISHING A TYPE: ILL nWET.I.- ING AND DWELLING UNIT AND BY PRESCRIBING METHODS FY)R LICENSING SAID DWELLINGS INCLUDING MINIMUM STANDARDS BY DF.LFTLNG SECTIONS FOUND TO BE IN CONFLICT WITH OTHER LOCAL CODES AND ORDINANCES AND BY MAKING SUCH CHANGES SO AS TO IMPROVE. THE READABILITY OF THE CODE AND ITS ADMINISTRATION. (second consideration) Comment: The Housing Occupancy and Maintenance Code was adopted on May 19, 1978. Since that date field experience, citizen comment, reviews by the Building Board of Appeals, the Housing Appeals Board and the T.egal staff all have suggested changes, additions or cor- rections to the code to Improve the administration, enforcement of the ordinance which preserve the intent of the ordinance to / MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MO RIES Agenda 1 Regniar Council Meeting May 1, 1979 7:30 P.M. Page R Item No. 16. continued. j provide minimum standards by law for decent, safe and sanitary housing in Iowa City. This ordinance incorporates the su g [inns of the above mentioned parties and has received the an— en— dorsement of the Housing Commission, the T,egal staff, and the staff of the T)epartment of housing and Inspection Services. Action: v FU Item No. 17 — ADJOURNMENT. 1 ��P� r�� I I. i 1 i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Re9ulaR COUNCiMEEtIN9 Y:30 R M. "pacasE Sigm IN: G dd Ess: 3. 4. s c. 7, 8, 9. 13. �4. IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES j i i j I Re9ulaR COUNCiMEEtIN9 Y:30 R M. "pacasE Sigm IN: G dd Ess: 3. 4. s c. 7, 8, 9. 13. �4. IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES CITY OF IOWA CITY CIVIC CENTR 11C) I WASHINGTON ST IOWA C11Y l()VVA 522110 (317) 354-180D I P R O C L A 11 A T 1 U N i WHEREAS, more than ten percent of all Americans have speech, language or hearing impairments so severe that their educational, vocational, personal and social functions are adversely affected, and WHEREAS, members of the speech-language pathology and audiology profession strive to restore or improve communicative competence so that those with speech, language or hearing disorders can regain and maintain a meaningful and productive role in our society, and WHEREAS, the City of Iowa City is aware of and grateful for the high level of services available to such handicapped persons in schools, rehabilitation centers, hospitals, speech and hearing clinics and private practice offices, NOW, THEREFORE, I, Robe&t A. Veveha, Mayo& o6 lolm City, Imm, do pnoceaum May 1979 ae Betteh Heating and Speech 11oiLth .in Iowa Utg, and I commend and endorsee .the seAvCcu aendened thAoughout ouA City. I Signed .tn Iowa Citi, Iolaa, .thie 1e.t dad 06 May 1979. AIAYOK MICROFILMED BY JORM MICROLAB CEDAR RANDS -DES MOINES M CITY OF IOWA CITY CIVIC CENFER 410 E WASHINGTON ST IOWA CITY IOWA 52240 (319) 354.180D P R 0 C L A 11 A T 1 0 N WHEREAS, May 1 through May 7, 1979, has been designated as "Respect for Law Week," and WHEREAS, citizens' respect for law contributes significantly to the lifestyle enjoyed in this community, and WHEREAS, those citizens who value liberty recognize law enforcement, the judiciary, prosecution, defense and corrections as integral portions of the processes of justice that contribute to our respect for law, NOW, THEREFORE, 7, RobeA t A. Vevena, Mayon 06 Iowa City, Iowa, do p2oeQabn .the week o6 May 1 .tivcough May 7, 1979, az RESPECT FOR LAV WEEK, and wcge aU c.itizenz .to give cane6ut thought and attention to .thoae o64ic,iaez and bL6tUuUon,5 that guand ouh peuonat 64eedome and UbeAtiu .thaough .the appf.tca.ttol 06 and nedpec.t bon .the. fawe o6 o114 City, Sate, and nation. Signed in lo(m city, loaf, .th.i.a 1.6t day o6 may, 1979. G•i AIAYUX - — MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES `35,5, CITY OF CIVIC CENTER 410 E WASHINGTON SI IOWA IOWACITY CITY, IOWA 52240 (319) 354.180D PR UC LA MA TI UN WHEREAS, the month of May 1979 has been proclaimed as Older Americans Month by President of the United States Jimmy Carter, and WHEREAS, the resident of Iowa City recognize the significant achievements and contributions made by our older citizens, and WHEREAS, organizations, such as Johnson County Council on Aging, are planning events to make this time a memorable occasion for older citizens in Iowa City, NOW, THEREFORE, I, RobeA,t A. Vevena, Alayoa og loizez City, ioua, do prtocQaim .the molttil o6 May 1979 as OLDER AMERICANS MONTH .in Iowa CZty, and aelz headden.tt .to join .Ln .thiz time 05 necoglu tion oh otdeA r_Ltizene. S.lgned .bz Ioutz City, loaVrt, .th.i.b let day oh Ala11 1979. P4t,S2tR MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES W CITY OF IOWA CITY CIVIC C[NIF P 410 E. VY' S IINGTON ST IOVVA CITY IOWA 52240 (319) 354.18CO P R 0 C L A 11 A T 1 0 N WHEREAS, Chauncey Swan was, for his "known integrity and weight of character," appointed by Robert Lucas, first governor of Iowa, to the commission for determining the Seat of government for the territory of Iowa, and WHEREAS, Chauncey Swan selected the site of Iowa City, and WHEREAS, on the fourth day of May, 1839, Commissioners Chauncey Swan, Phillip Clark and John Ronalds officially located the seat of govern- ment of the territory of Iowa in Iowa City, marking the site by a stake driven into the ground where Old Capitol now stands, and WHEREAS, through his vision and personal support, he provided for the establish- ment of our now notable historical landmarks by directing the construct- ion of Old Capitol and purchasing the land for the First Presbyterian Church, and WHEREAS, Chauncey Swan operated the best hotel in Iowa City and was president of the mill dam in Coralville, NOW, THEREFORE, I, Robca,t A. VeveAa, 6IafoA o6 the City oh Iona. C.Lty, Iouet, do pAocta bn May A, 1979, .to be observed as CHAUNCEY SWAN DAV and caLe upon aU ei,ii.zena .to be m.bld6uC o6 the dgnan.tc teadcu4p he p-tov.ided dwLGlg .the eaAey deveeopnlent o6 ouA Utg. In .th,i .time oh %uhap.blg ouA down - .town .to make pode.ibCe new teveta o6 seay.ice, buzinese eucceae, and beauty, we dAeet apedaZ Aecoglution .to Chauncey SImn boa the eneAgy, bus.ineas acumen, and efiteApni,ae he con.tAtbuted .to .tlu.a 6oAmattve pmod in Iowa C.Ity, Signed .in Iowa City, Iowa, tlua let day o6 May 1979. PAYOR MICROFILMED BY DORM MICROLAB CEDAR RAPIDS -DES Id01REs F5'% I n April 25, 1979 Mayor Robert Vevera and Council Members; Woodfield's DBA Ambrose Lovetinsky Inc. is petitioning the City Council of Iowa City to open for business'on Sundays for dancing and sale of non alcoholic beverages. All alcohol will be out of sight, liquor systems will be turned off as well as the beer tappers. only soft drinks will be served. There will be a cover charge and hours will be approximately 7-11 PM. No cigarettes will be sold. We would like persons of 9th grade and older to attend. Sincerely yours, Harry Ambrose oa�O APR 2 61979 ABBIE S70LFUS, CMC CITY CLERK (3) MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIES ". May 2, 1979 Mr. Marry Ambrose c/o Woodfield's 223 East Washington Iowa City, Iowa 52240 Dear Mr. Ambrose: The City Council, at its May 1, 1979 meeting, approved your request to open on Sundays for dancing and the sale of non-alcoholic beverages. That approval is contingent upon the conditions that 1) the minimum age for patrons be 16 years, and 2) that closing time be no later than 11:00 P.M. These are the same conditions upon which Council approved a similar request from another Iowa City liquor establishment last year. Sincerely yours, Neal G. Berlin City Manager is cc: City Clerk v / MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES FIOIRES MINUTES OF OFFICIAL ACTIONS OF COUNCIL - 4/17/79 The cost of publishing the following proceedings & claims is $ ' Cumulative cost for this calendar year for said publication is Iow City Council, adjourned session, 4/17/79, 1:00 P.M. at Civic Center. Councilmembers present: Balmer, Erdahl, Neuhauser, Roberts, Vevera. Absent: deProsse, Perret. Mayor Vevera presiding. Bond consultants Paul Speer & Lawrence Rimmer from Paul Speer & Associates, Chicago, were present. Mayor Vevera opened the meeting for the purpose of receipt of bids for the sale of $5,500,000 general obligation bonds. Consultant Speer advised that six sealed bids were received and not opened. Mayor Vevera called for oral bids. There were none. Oral bidding was closed. I Sealed bids were opened and read as follows: Company Address Net Interest Rate Continental Illinois National Bank and Trust Company of Chicago and Bache Halsey Stuart Shields, Inc. and Associates; Chicago 5.365698% The First National Bank of Chicago and Dean Witter Reynolds, 'Inc. and Associ- ates; Chicago 5.4043% Harris Trust and Savings Bank and Iowa -Des Moines National Bank and Associ- ates; Chicago 5.4002% Morgan Guaranty Trust Company of New York and Salomon Brothers; New York 5.4098% The Northern Trust Company and Merrill Lynch White Weld Capital Markets Group and Associates; Chicago 5.40656% United California Bank & Carleton D. Beh Co. and Associates; Los Angeles 5.319828% Consultant Paul Speer recommended award of the bid to United California Bank, Carleton D. Beh Co. and Associates at a net interest rate of 5.319828%. Moved by Neuhauser, seconded by Balmer, to adopt RES. 79-155, Bk. 55, pp. 543-545, DIRECTING SALE OF $5,500,000 GENERAL OBLIGATION BONDS to United California Bank, Carleton 0. Beh Co. & Associates at a net interest rate of 5.319828%. Affirmative roll call vote unanimous, 5/0, deProsse & Perret absent. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DCS NOIRES Official Actions April 17, 1979 Page 2 Moved by Balmer, seconded by Neuhauser, to return the checks of the unsuccessful bidders. Motion carried unanimously, 5/0. I Moved by Balmer, seconded by Neuhauser, to adjourn the meeting, 1:30 P.M. Motion carried unanimously, 5/0. j; A more complete description of Council p activities is on file in the office of the City Clerk. s/ROBERT A. VEVERA, MAYOR s/ABBI STOLFU ,CITY C Su mitted, on 4/26/79 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES r., COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES APRIL 17, 1979 1:00 P.M. Iowa City Council, adjourned session, 4/17/79, 1:00 P.M. at Civic Center. Councilmembers present: Balmer, Erdahl, Neuhauser, Roberts, Vevera. Absent: deProsse, Perret. Mayor Vevera presiding. Minutes tape-recorded on Reel 79-9, Side 2, 2260-2460. Bond consultants Paul Speer & Lawrence Rimmer from Paul Speer & Associates, Chicago, were present. Staffinembers present: City Clerk Abbie Stolfus. Mayor Vevera opened the meeting for the purpose of receipt of bids for the sale of $5,500,000 general obligation bonds. Consultant Speer advised that six sealed bids were received and not opened. Mayor Vevera called for oral bids. There were none. Oral bidding was closed. Sealed bids were opened and read as follows: Com an Address Net Interest Rate Continental Illinois National Bank and Trust Company of Chicago and Bache Halsey Stuart Shields, Inc. and Associates; Chicago 5.365698% The First National Bank of Chicago and Dean Witter Reynolds, Inc. and Associates; Chicago 5.4043% Harris Trust and Savings Bank and Iowa - Des Moines National Bank and Associates; Chicago 5.4002% Morgan Guaranty Trust Company of New York and Salomon Brothers; New York 5.4098% The Northern Trust Company and Merrill Lynch White Weld Capital Markets Group and j Associates; Chicago 5.40656% United California Bank & Carleton 0. Beh Co. and Associates; Los Angeles 5.319828% Consultant Paul Speer recommended award of the bid to United California Bank, Carleton D. Beh Co. and Associates at a net interest rate of 5.319828%. Moved by Neuhauser, seconded by Balmer, to adopt RES. 79-155,.Bk. 55, pp. 543- 545, DIRECTING SALE OF $5,500,000 GENERAL OBLIGATION BONDS to United California Bank, Carleton D. Beh Co. & Associates at a net interest rate of 5.319828%. Affirmative ro11 call vote unanimous, 5/0, deProsse & Perret absent. Moved by Balmer, seconded by Neuhauser, to return the checks of the unsuccessful bidders. Motion carried unanimously, 5/0. Moved by Balmer, seconded by Neuhauser, to adjourn the meeting, 1:30 P.M. Motion carried unanimously, 5/0. ABBIE STOLFUS, CITY CLERK ROBERT A VEVERA, MAYOR MICROFILMED BY JORM MICROLAB CEDAR RnPlns•DEs H01MIs MINUTES OF OFFICIAL ACTIONS OF COUNCIL - 4/17/79 The cost of publishing the following proceed- ings & claims is $ Cumulative cost for this calendar year for said publication is $ Iowa City Council, reg. mtg., 4T17779, 7:30 P.M. at the Civic Center. Mayor Vevera presiding. Councilmembers present: Balmer, Erdahl, Neuhauser, Perret, Roberts, Vevera. Absent: deProsse. Mayor Vevera proclaimed the week of April 15- 21 as Private Property Week. City Mgr. Berlin asked for deletion of Item 3.f(2), request for closing of Ellis St. City Clerk Stolfus asked for deletion of Traffic Engr. memos, 3.e.(4), (5), & (6). Don Stanley requested discussion of Item 3.d(1), rescinding of previous traffic memos, from Consent Calendar. Moved by Balmer, seconded by Perret, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted, as amended: Approval of. Official — Actions, reg. Council mtg., 4/3/79, subj. to correction, as recommended by. City Clerk. Minutes of Boards & Commissions: Broad- band Telecommunications Comm. 4/3; Board of Adjustment -4/4; Planning & Zoning Comm. -4/2 & 4/5; Riverfront Comm. -4/4; Comm. on Community Needs -4/4; Parks & Rec. Comm. 3/14; Library Bd. Trustees -3/22. Permit Resolutions, Book 55, recomm. by City Clerk: RES. 79-156, p. 546, APPROVING CLASS C LIQUOR LICENSE FOR Lamplighter II. RES 79-157, p. 547, APPROVING CIGARETTE PERMIT. Correspondence: C. Lane commending I' Council for improvements to parking situation, referred to City Mgr. for reply. M. McNamara, thanking Council for restoring parking near her beauty salon. Memos from Traffic Engineer re parking meter zone in 300 block of South Linn St. & Memos ql thru N9 re alternate side parking, parking prohibitions, and calendar parking. Application for use of streets and public grounds: I.C. Jaycees, "Walk for Mankind", 5/5/79, 7 A.M. to 4 P.M. , approved. Affirmative roll call vote unanimous, 6/0, deProsse absent. Regarding Item 3.d.(l), Don Stanley, Student Senate Pres., thanked Council for changing the parking policies, noting disappointment that Linn St. was not considered under street width criteria. MICROFILMED BY JORM MICROLAB CEDAR RANDS -DE, 110I0ES Official Actions Bruce Kahn appeared regarding request from Office April 17, 1979 of Student Activities to close Ellis St. between Page 2 River St. & Moss Court on 4/27, from 6 P.M. to midnite for an all fraternities and sororities party, which had been denied. Councilmembers had no objections to' 'the City Manager making arrangements with the Police and Public Works Depts. to close Moss 'St. according to new provisions, but any complaints will be acted upon. Moved by Neuhauser, seconded by Perret, to rescind acceptance of recommendations from Traffic Engineer Brachtel on calendar parking (memo of 1/4/79) and on parking prohibitions between 8:00 A. M. & 5:00 P. M., Mon. thru Fri. (memo of 1/12/79). Motion carried unanimously, 6/0. Moved by Neuhauser, seconded by Perret, to accept the recommendations of the Traffic Engineer for the following memos: Alternate Side Parking Alterations Memo #1 4/16/79 Calendar Parking Alterations Memo #2 4/16/79 8:00 a.m. to 5:00 p.m. Monday through Friday Parking Prohibitions Alterations Memo #3 4/16/79 8:00 a.m. to 5:00 p.m. Monday through Friday Parking Prohibitions Memo #4 4/16/79 8:00 a.m. to 5:00 p.m. Monday through Friday Parking Prohibitions Alterations Memo #5b 4/13/79 OneSideParking Prohibitions Memo #6 4/13/79 Parking Prohibition on Bowery St. Memo #7 4/13/79 Parking on Bloomington Street Memo #8 4/13/79 Parking Meter Zones in the 300 Block of Bloomington Street and the 200 Block of Linn Street/Gilbert St. Memo #9 4/16/79 Additional Parking Prohibition on Oakcrest Street from George Street to the Easterly Intersection of Oakcrest St. with Woodside Dr. Memo #10 4/16/79 The Traffic Engineer is directed to implement the items in these memos as soon as possible. Motion carried unanimously, 6/0, deProsse absent. Bill Wright, Jim Barfuss, John Suchomel, & Kevin Gleaves appeared with comments on parking problems. City Manager Berlin reported that the Iowa Department of Transportation voted 5/1 to proceed with their original alignment for Freeway 518. He presented two resolutions for Council action, as follows. Moved by Perret, seconded by Erdahl, to adopt RES. 79-158, Bk. 55, pp. 548-552, AUTHORIZING MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•Drt HOrilrS Official Actions AGREEMENT WITH MIHALOPOULOS, BEST STEAK HOUSE, April 17, 1979 REGARDING PERMISSION & INDEMNIFICATION FOR SIDEWALK Page 3 VAULT. Affirmative roll call vote unanimous, 6/0, deProsse absent. Moved by Perret, seconded by Neuhauser, to adopt RES..79-159, Bk. 55, pp. 553-556, RESCINDING RESOLUTION 79-154, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO REAL ESTATE CONTRACT BETWEEN CITY OF IOWA CITY AND THE ECUMENICAL HOUSING CORP., to revise a legal description. Affirmative roll call vote unanimous, 6/0 deProsse absent. Asst. Mgr. Helling requested approval for attendance by Craig Minter at a 'Keep America Beautiful' meeting in Missouri, a non -ERA state. There were no objections. Moved by Balmer, seconded by Neuhauser, to adopt RES. 79-160, Bk. 55, p. 557, ENGAGING AUDITOR, MCGLADREY, HENDRICKSON & CO., AS AUDITOR FOR YEAR ENDING 6/30/79. Affirmative roll call vote unanimous, 6/0, deProsse absent. Moved by Perret, seconded by Balmer, to adopt RES. 79-161, 8k. 55, pp. 558-559, AUTHORIZING EXECUTION OF AN AGREEMENT TO SELL Modular Units to West Branch Community Schools. Affirmative roll call vote unanimous, 6/0, deProsse absent. Glaves memo, 4/17/79 noted, recommendation. Council agreeing with Moved by Neuhauser, seconded by Perret, to j adopt RES. 79-162, Bk. 55, pp. 560-565, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH "A BETTER CAB COMPANY" TO PROVIDE SUBSIDIZED CAB SERVICE. Affirmative roll call vote unanimous, 6/0, deProsse absent. Moved by Balmer, seconded by Neuhauser, to adopt RES. 79-163, Bk. 55, p. 566-567, APPROVING PLANS AND SPECIFICATIONS FOR BOYRUM STREET CONNECTION AND AUTHORIZE CLERK TO ADVERTISE FOR BIDS (5/2/79), regarding Hy -Vee Store construction - South. Resolution adopted, 5/1, with the following division of vote: Ayes: Balmer, Erdahl, Neuhauser, Roberts, Vevera. Nays: Ferret. Absent: deProsse. Moved by Perret, seconded by Balmer, that the ORDINANCE AMENDING ORDINANCE NO. 79-2941, THE SNOW EMERGENCY ORDINANCE, be considered and given first vote for passage. Motion to consider carried, 6/0. Affirmative roll call vote on first vote for passage, 6/0, deProsse absent. Moved by Balmer, seconded by Neuhauser, to adjourn the meeting, 8:35 P.M. Motion carried unanimously. MICROFILMED BY JORM MICROLAB CIDAR RAP IOS•DES 10114CS Official Actions April 17, 1979 Page 4 i A more complete description of Council activi- ties is on file in the office of the City Clerk. s/ROBERT A. VEVERA, MAYOR s/ABBIE STOLFUS, CIT ER Su mit ed on 4/26/79. ,Nveu� MICROFILMED BY JORM MICROLAB CEDAR RAPI05.OES 1101UES COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES APRIL 17, 1979 Iowa City Council, reg, mtg., 4/17/79, 7:30 P.M. at the Civic Center. Mayor Vevera presiding. Councilmembers present: Balmer, Erdahl; Neuhauser, Perret, Roberts, Vevera. Absent: deProsse. Staff - members present: Berlin, Helling, Stolfus, Hayek, Glaves, Plastino. Council minutes tape-recorded on Reel N79-9, Side 2, 2460 -End, & Reel #79-14, Side 1, 1-501, Week. Mayor Vevera proclaimed the week of April 15-21 as Private Property City Mgr. Berlin asked for deletion of Item 3.f(2), request for closing of Ellis St. City Clerk Stolfus asked for deletion of Traffic Engr. memos, 3.e.(4), (5), & (6). Don Stanley requested discussion of Item 3.d(l), rescinding of previous traffic memos, from Consent Calendar. Moved by Balmer, seconded by Perret, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted, as amended: oval Of subj.Atorcorrection, asarecommendedrby CitynClerk. ' 4/3/79 I j Minutes of Boards & Commissions: Broadband Telecommunications Comm. -4/3; Board of Adjustment -4/4; Planning & Zoning Comm. -4/2 & 4/5; Riverfront Comm. -4/4; Comm. on Community Needs -4/4; Parks & Rec. Comm. 3/14; Library Bd. Trustees -3/22. Permit Resolutions, Book 55, recomm. by City Clerk: RES. 79- 156, p. 546, APPROVING CLASS C LIQUOR LICENSE FOR K. O'Donnell dba/ Lamplighter II, 1310 Highland Ct. RES 79-157, p. 547, APPROVING CIGARETTE PERMIT. Correspondence: C. Lane commending Council for improvements to parking situation, referred to City Mgr. for reply. M. McNamara, thanking Council for restoring parking near her beauty salon. Memos from Traffic Engineer re parking meter zone in 300 block of South Linn St. & Memos N1 thru N9 re alternate side parking, parking prohibitions, and calendar parking. Application for use of streets and public grounds: I.C. Jaycees, "Walk for Mankind", 5/5/79, 7 A.M. to 4 P.M., approved. Affirmative roll call vote unanimous, 6/0, deProsse absent. Regarding Item 3.d.(1), Don Stanley, Student Senate Pres., thanked Council for changing the parking policies, noting disappointment that MICROFILMED BY JORM MICROLAB f. CDAR RAPIDS -[)[S 110j!jFS Council Activities April 17, 1979 Page 2 Linn St. was not considered under street width criteria. Bruce Kahn, 610 Church, appeared regarding request from Office of Student Activities to close Ellis St. between River St. & Moss Court on 4/27, from 6 P.M. to midnite for an all fraternities and sororities party, which had been denied. He stated that only Moss St, would be closed for safety reasons, the party would not be on the street, hours had been shortened to 8 P.M. to midnite, & parking in the area will be discouraged. Council - members had no objections to the City Manager making arrangements with the Police and Public Works Depts. to close Moss St., but any complaints will be acted upon. Moved by Neuhauser, seconded by Ferret, to rescind acceptance of recommendations from Traffic Engineer Brachtel on calendar parking (memo of 1/4/79) and on parking prohibitions between 8:00 A.M. & 5:00 P.M., Mon. thru Fri. (memo of 1/12/79). Motion carried unanimously, 6/0. Moved by Neuhauser, seconded by Perret, to accept the recommendations of the Traffic Engineer for the following memos: Alternate Side Parking Alterations Memo N1 4/16/79 Calendar Parking Alterations Memo N2 4/16/79 8:00 a.m. to 5:00 p.m. Monday through Friday Parking Prohibitions Alterations Memo q3 4/16/79 8:00 a.m. to 5:00 p.m. Monday through Friday Parking Prohibitions Memo q4 4/16/79 8:00 a.m. to 5:00 p.m. Monday through Friday Parking Prohibitions Alterations Memo #5b 4/13/79 One Side Parking Prohibitions Memo M6 4/13/79 Parking Prohibition on Bowery Street Memo M7 4/13/79 Parking on Bloomington Street Memo H8 4/13/79 Parking Meter Zones in the 300 Block of Bloomington Street and the 200 Block of Linn Street/Gilbert Street Memo H9 4/16/79 Additional Parking Prohibition on Oakcrest Street from George Street to the Easterly Intersection of Oakcrest Street with Woodside Drive Memo N10 4/16/79 The Traffic Engineer is directed to implement the items in these memos as soon as possible. Motion carried unanimously, 6/0, deProsse absent. Bill Wright, 529 E. College; Jim Barfuss, 412 N. Linn; John Suchomel, 330 N. Lucas; & Kevin Gleaves appeared with comments on parking problems. Recommendation from Planning & Zoning Commission approving final amended large-scale residential dev. plan of Lots 3 & 4, Westwinds (Windshire), noted. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES '10IRLS L . . Council Activities April 17, 1979 Page 3 Mayor Vevera responded to and objected to comments made in Press - Citizen article by Midge Costanza regarding Council position in the Linda Eaton case. Neuhauser reported on her committee meeting at the White House on formulation of a Rural Policy. She also met with Environ- mental Protection Agency and Housing and Urban Development representatives. Neuhauser introduced 'Municipal Ownership of Utilities' as a topic for future discussion. Balmer questioned when action would be taken to install a tornado siren in the Lincoln School area. The City Manager will investigate. City Manager Berlin reported that the Iowa Department of Transpor- tation voted 5/1 to proceed with their original alignment for Freeway 518. He presented two resolutions for Council action, as follows. Moved by Perret, seconded by Erdahl, to adopt RES. 79-158, Bk. 55, pp. 548-552, AUTHORIZING AGREEMENT WITH MIHALOPOULOS, BEST STEAK HOUSE, REGARDING PERMISSION & INDEMNIFICATION FOR SIDEWALK VAULT. Affirmative roll call vote unanimous, 6/0, deProsse absent. Moved by Perret, seconded by Neuhauser, to adopt RES. 79-159, Bk. 55, pp. 553-556, RESCINDING RESOLUTION 79-154, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO REAL ESTATE CONTRACT BETWEEN CITY OF IOWA CITY AND THE ECUMENICAL HOUSING CORP., to revise a legal description. Affirmative roll call vote unanimous, 6/0 deProsse absent. Berlin called attention to City's receipt of the preliminary applica- tion for the Small Cities Program. Comments from Council for the final application were solicited. Asst. Mgr. Helling requested approval for attendance by Craig Minter at a 'Keep America Beautiful' meeting in Missouri, a non -ERA state. There were no objections. A letter from the Mayor supporting the program will be sent. Moved by.Balmer, seconded by Neuhauser, to adopt RES. 79-160, Bk. 55, p. 557, ENGAGING AUDITOR, MCGLADREY, HENDRICKSON & CO., AS AUDITOR FOR YEAR ENDING 6/30/79. Affirmative roll call vote unanimous, 6/0, deProsse absent. Moved by Perret, seconded by Balmer, to adopt RES. 79-161, Bk. 55, pp. 558-559, AUTHORIZING EXECUTION OF AN AGREEMENT TO SELL Modular Units to West Branch Community Schools. Affirmative roll call vote unanimous, 6/0, deProsse absent. Glaves memo, 4/17/79 noted, Council agreeing with recommendation. Moved by Neuhauser, seconded by Perret, to adopt RES. 79-162, Bk. 55, pp. 560-565, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH "A BETTER CAB COMPANY" TO PROVIDE SUBSIDIZED CAB SERVICE. Affirmative roll call vote unanimous, 6/0, deProsse absent. Wayne Draper, representing "A Better Cab Co.," noted reservations made by Johnson County Board of Supervisors. The City Mgr. agreed to work out a provision in the contract to cover calls for medical emergencies after SEATS duty hours. Roberts noted reservations, will reassess the program after the trial period. MICROFILMED BY JORM MICROLAB CEDAR RAPIDs•De, n01nts A J Council Activities April 17, 1979 Page 4 Moved by Balmer, seconded by Neuhauser, to adopt RES. 79-163, Bk. 55, p. 566-567, APPROVING PLANS AND SPECIFICATIONS FOR BOYRUM STREET CONNECTION AND AUTHORIZE CLERK TO ADVERTISE FOR BIDS (5/2/79), regarding Hy -Vee Store construction -South. Resolution adopted, 5/1, with the following division of vote: Ayes: Balmer, Erdahl, Neuhauser, Roberts, Vevera. Nays: Perret. Absent: 'deProsse. Moved by Perret, seconded by Balmer, that the ORDINANCE AMENDING ORDINANCE N0. 79-2941, THE SNOW EMERGENCY ORDINANCE, be considered and given first vote for passage. Motion to consider cadeProrriedsse/0. absentfnrma- tive roll call vote on first vote for passage, 6/0, Moved by Balmer, seconded by Neuhauser, to adjourn the meeting, i 8:35 P.M. Motion carried unanimously. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DCS nolnLs INFORMAL COUNCIL DISCUSSION APRIL 16, 1979 INFORMAL COUNCIL DISCUSSION: April 16, 1979, 1:30 P.M. in'the Conference Room at the Civic Center. Mayor Robert Vevera presiding. COUNCILMEMBERS PRESENT: Balmer, Neuhauser, Roberts, Perret, Vevera, Erdahl, deProsse (2:40 P.M.) STAFFMEMBERS PRESENT: Berlin, Stolfus, Melling. Others present for certain discussions as noted. TAPE-RECORDED on Reel #78-12, Side 1, 2293 to End, & Reel 79-13, Side 1, 1-1624. APPLICATIONS TO PLANNING AND ZONING COMMISSION Boothroy, Schmeiser 2293-2400 Westwinds Windshire Lots 3 4 1. There are now 48 units instead of 52. 2. Councilman Balmer advised he would abstain, as he did on the prelimi- nary. 3. Steve Victor is no longer with Southgate Dev. Co. Continuity urge. AGENDA AND COUNCIL BUSINESS 2400 -End 1. Council discussed last paragraph of Board of Adjustment minutes which stated that the Board felt that they were an independent body and not accountable to Council for their decisions and actions, noting that they had invited the Board to come for discussion only as a courtesy. Material regarding concerns of staffinembers will be sent to Council. Abrams will be present at 4/23 informal Council meeting for dis ussion. Schmeiser advised that the parking area at Chauncey Swan is higher than Abrams. 2. ` Berlin advised that H -Vee has agreed to pay for the conduit to tie all three together. 3. Concern over the cost of the salt dome at the Service Reel 79-13 Building was discussed. Side 1, 1-232 4. Melling advised that the Riverfront Comm. would attend the 4/30 meeting to discuss the boat ramp project. It was pointed out that the ramp should be located where the City is not expecting to put a park. 5. Berlin pointed out City Atty's approval of agreement for Best Steak House, so it can be added to the agenda. Letter from Eastern Iowa Cablevision was referred to the Cable Comm. 6.Either Perret or Roberts will accompany the Mayor to the meeting with the University Heights' Mayor for discussion of several issues. 7. Letter regarding the Public Housing Sites discussed. Neuhauser called attention to assist offered by Elaine Baxter. Council will push the Orchard Court and Pepperwood sites. 8. Council aff-iroed decision to consider Copper Dollar situation after the criminal cases are settled, if this has been accomplished within a reasonable time. MICROFILMED BY JORM MICROLAB CrOAP RAPIDS•Dr. 'IOIRrS MR so 232-355 REFUSE FEE Vitosh presentattention to memo from Vitosh in 4/13 packet on a ed and low-income elderly persons. �—Berlin called on low-income. reduced fee d that the guidelines were 0) odfmcitizens would be 2, Vitosh stated 1000) Social Services had said about ( based on Of Councilmembers agreed to the reduced fee, affected. This excludes students. Legal will draft the necessary 3. A majority income, the reduced fee to be resolution. 355-730 packet memo, which Farmer sent by P Some lamed additional information ublic hearing • TANGLVOOD-VENTURA PAVING PROJECT Dietz, out at the p orad The City 1, Dietz ed uestions brought resent, answered several 4 cut before the assessment fig Project costs had been reduction in assessments. dePident p will have to pay for any Jensen and other area res' he entered With 2:40 P.M. Bill Grell T Mrs. Manager will reassesstheir :f assessment. then talk to the Jensens regarding reducing into the discussion. The City staff, will be rescheduled. Public Hearing 730-1317 Brachtel ut calendar parking back on Linn Street PARKINGo #1 Majority agreed to p from Bloomington to Brown Street. 2, Memo #2-o.k. as stated. there will be no there is calendar parking, end parking I 3. Memo #3-o. k. as stated. Ne related concern , ere churches. There was a consensus q• Berlin advised that if oda s). exceptions for s not holidays). e Street to Woodside regulations only on Sunday I except for Oakcrest Strcohibit parking on both sides. 5• Memo #4-o.k. agreement to p Drive where there was Department will be advised to not 6• Memo #5b was chosen to . ThetpolicevDep rated• have been cleaning of until 48 hours after they lan for 7. Memo ce these . as state Ordinance was enforce these -signs to Snow City Manager Berlin stated that similar no se p streets. A clean-up suggesteo.k Staff stated investigate.Prohibition. g, Memo #7- reed with this new P onal parking meters in 9, Memo #B-Cauncilmembers agreed to leave the diagonal as parking was 10, Mrmo #9-Councilmembers a9 is the on west side of Gilbert from Market.to Bloomington, being removed from the east side. Brachtel advised that Staff Will on location of the highest number of mid block accidents.beingadded will keep monitoring this location- Short-term meters a�el 27th and would Linn from Market to Blooming again on Ap two months, but he asked that Council direct him to 11. Brachtelro%�matelyhat work was to start take app proceed with action immediately. MICROFILMED BY JORM MICROLAB r[I)AR RAPIDS -DES t10IM F.S 3 UNIVERSITY HEIGHTS -BUS SERVICE Mose, Vitosh 1317-1438 I. Memo 4/5/79 from City Manager noted. 2. A majority agreed on alternative for cost breakdown should be $11,820. 3. Mayor's discussion with University Heights will be on Thursday. MEETING WITH IDOT It— was decided that deProsse would represent Council at the Ames meeting re Freeway 518, and would speak after the Chamber of Commerce. Staff has obtained all materials from DOT files. Councilmembers were reminded of the 1 PM meeting tomorrow. PROGRESS REPORT -ENERGY COORDINATOR Tinklenberg 1438-1624 1. Material from 4/13 packet noted. 2. Tinklenberg explained his present work program, auditing City buildings re energy consumption, to be used in computer analysis. 3. Advertising for locations for recycling outlets is being prepared. .Center East (at Memorial Union) will serve as redemption center for two downtown businesses after the new law goes into effect 7/1/79. 4. Tinklenberg advised that he is behind schedule, his goals were too optimistic, and several other projectswere added to his work schedule. He is presently working on usage of gasoline policy and subsidized parking. 5. Councilmembers supported looking into his recommendations for a preventive maintenance program. Two major buildings will be added to inventory of City buildings, soon. Meeting adjourned, 4:30 P.M. MICROFILMED BY JORM MICROLAB CEDAR RAPIDs•Of.S rlolrlEs MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION APRIL 17, 1979 4:30 P.M. CIVIC CENTER CONFERENCE ROOM MEMBERS PRESENT: Terry, Madsen, Pepper, Eskin MEMBERS ABSENT: Washburn STAFF PRESENT: Tiffany, Scholten, Melling GUESTS PRESENT: Mr. Elliot Full The meeting was called to order by Chairperson Pepper at 4:40 P.M. It was moved by Terry and seconded by Madsen to approve the minutes of the April 3, 1979 meeting as previously distributed. Approved unanimously. Madsen moved and Terry seconded that the Commission recommend that the appropriate City staff commence immediately with external advertising for the Broadband Telecommunications Specialist position and that both internal and external applicants be considered for the position at the appropriate times. Approved unanimously. Terry moved and Madsen seconded that the Commission recommend that appropriate City staff amend the job description for the Specialist to include under "Typical Duties": 7. Works with the public and City departments to assure use of the access channels and 8. Pursues additional funding sources through research and grant writing and 9. (This would be the same as b7 in the present job description.) and that all previous applicants should be informed of these changes prior to any interviews. Approval was unanimous. Terry moved and Eskin seconded that the Commission recommend that appropriate City staff amend the job specifications for the Specialist under "Knowledge and Abilities" to include: "Ability and experience in television production is desirable." Approved unanimously. The Commission agreed that the draft of interview questions proposed by the Human Relations Department is generally inappropriate. The emphasis should be shifted away from complaint handling and to work with the public in use of the access facilities. The scenario should be deleted because the Commission MICROFILMED BY JORM MICROLAB CEDAR RAPHS•DES MOINES lam _ 2 �l will establish procedures for handling complaints and this may not be a major part of the job. The consensus was that the Commission representatives in the applicant evaluation process, Eskin and Washburn, make these concerns known to the Human Relations Depart- ment as soon as possible. Elliot Full of Hawkeye CableVision reported on the status of the franchise implementation by the franchisee. There strand -mapper is at work. Pole agreements are nearing completion. A general manager has been hired and he is Mr. Bill Blough, formerly of Grand Forks Cable in North Dakota. He should be full time by the end of May. Some cable TV service should be received by some subscribers by December, 1979. The head end location is almost set. The pace of construction is expected to be 25 to 30 miles of cable per month. One year from now the system should be substantially complete. There is some difficulty in locating a tower site. The Commission discussed a letter the City received from Joseph Day, attorney for Eastern Iowa Cable Vision requesting a franchise from Iowa City. A response will be sent indicating that the Commission will consider the request pursuant to the ordinance as soon as their bylaws and procedures for doing so are adopted. This will allow them to handle such requests in a systematic fashion. Terry moved that the remainder of the agenda be postponed until the next meeting. Approved by consensus. The next meeting will be May 1, 1979, at 4:30 P.M. in the Civic Center Conference Room. Meeting was adjourned at 6:30 P.M. Respectfully submitted, Connie Tiffany MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES 0 MINUTES IOWA CITY PLANNING E 20NING COMMISSION INFORMAL MEETING APRIL 16, 1979 -- 7:30 P.M. CHT MANAGER'S CONFERENCE ROOM MI:MIII:RS PRISHITI.: Jakohscn, Lehman, Blum, Kammermeyer, Ogesen, Vetter MEMBERS ABSENT: Cain STAFF PRESENT: Boothroy, Schmeiser, .Johnson S-7904. Public discussion of a preliminary plat of Oakes 2nd Addition, located on Quincent Street extended; 45 -day limitation period: waived, 60 -day limitation period: waived. Boothroy presented a plan of the proposed alignment of Foster Road. Mike Kammerer, the engineer for Dean Oakes, indicated that they were not in total agreement with the staff's proposed plan of Foster Road indicating that they would prefer tighter radiuses. After some discussion, the Commission suggested that the applicant and the staff work together on a proposed alignment. S-7907. Public discussion of a preliminary plat and Planned Area Development plan of Waldenwood Part 1, located in the northwest quadrant of the intersection of Rohret Road and Mormon Trek Boulevard; 45 -day limitation period: 4/28/79, 60 -day limitation period: 5/13/79.. Boothroy presented revised plans of the proposed development. Of major contention was the thickness of the private drives. The Commissioners questioned whether there were adequate sidewalks to which the applicant indicated they would take a second look at this aspect of the plan. S-7908. Public discussion of a preliminary plat and Planned Area Development plan of Pepperwood, Parts 3-7, located west of Pepper Drive and south of the K -Mart area; 45 -day limitation period: 4/28/79, 60 -day limitation period: 5/13/79. The surcharging of the sanitary sewer for the drainage arca was discussed. The staff indicated that the Engineering Division did not feel that the proposed density presented a problem. Commissioners indicated that they did not like the elevation plans for the attached single family dwellings with units which appeared as a mirror image of each other. S-7910. Public discussion of a preliminary and final plat of Moreland Subdivision, located north of Rochester Avenue approximately 100 feet cast of Post Road; 45 -day limitation period: 5/7/79, 60 -day limitation period: 5/21/79. .Johnson presented the preliminary and final plat for discussion by the Commission. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES 96 Planning and Zoning Commission Informal Meeting April 16, 1979 Page 2 .John Moreland requested that the Commission take action at their formal meeting to expedite approval by the Council. S-7911. Public discussion of a preliminary and final Large Scale Non -Residential Development plan (No. 2) of Procter f Gamble Manufacturing Company, located at 2200 Lower Muscatine Road; 45 -day limitation period: 5/16/79. .Johnson presented the LSNRD plans and indicated that the only deficiency was an indication of what "MCC" referred to as a proposed use. Discussion of the Sign Regulations (Chapter 8.10.35.12.B) re: Moore Business Forms, Inc., and Norm Bailey. The Commission discussed the apparent problems with the signage for Moore Business Forms and Quincet Square. After some discussion, it was realized that Moore Business Forms' signs were non -conforming and would not have to be removed until 1981. To ameliorate Quincet Square's problem with the sign requirements under the existing ordi- nance, the Commission suggested that the staff prepare a proposed revised ordinance to the Sign Ordinance. Discussion of the Amended Final Planned Area Development plan of Ty'n Cac. The Commission reviewed proposed plans for an amendment to Ty'n Cac Addition to con- struct condominium units in lieu of rental units. Discussion of the Revised Tree Regulations. The Commission decided not to review the proposed revised Tree Regulations but to place the ordinance on the agenda for discussion at the formal meeting. With no further business, the meeting was adjourned. Prepared bjE y _ nald Sglmeiser, Senior Planner MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES MINOTHS IOWA CI'T'Y PLANNING Ii ZONING COMMISSION APRIL 19, 1979 -- 7:30 P.M. CIVIC CENTHR COUNCIL CIIAMIBERS MEMBERS PRT:Sf:N1': Jakobsen, Lehman, Blum, Kammermcyer MEMBERS ABSENT: Ogesen, Cain, Vetter STAFF PRESENT: Boothroy, Ryan, Schmeiser, Wilkinson, Johnson 111:C01tMI:NDA'I'IONS TO '1111: CI'T'Y COUNCIL: 1. S-7904. That the revised plat for Oakes 2nd Addition, located on Quincent Street extended, be approved with the contingency that any deficiencies or discrepancies found during the staff review will be corrected prior to the submission of the plat to the City Council. 2. S-7907. That the preliminary plat and Planned Area Development plan of Waldenwood Part 1, located in the northwest quadrant of the intersection of Rohret Road and Mormon Trek Boulevard, be approved contingent upon the approval of the private drive cross sections by the Engineering Division. 3. S-7908. That the preliminary plat and Planned Area Development plan of Popperwood, Parts 3-7, be approved contingent upon (1) receipt prior to submission of the final plat of an agreement relating to the development of Keokuk Street and the drainage way west of Keokuk Street, and (2) deletion from the PAD plan of the structural designs similar to those shown on Lots 97 and 96 of the preliminary plan. 4. S-7910. That the preliminary and final plat of Moreland Subdivision, located north of Rochester Avenue approximately 100 feet cast of Post Road, be approved subject to approval of the agreement relative to the public works improvements by the Legal Department. S-7911. That the preliminary and final large Scale Non -Residential Development plan (No. 2) of Procter G Gamble Manufacturing Company, located at 2200 Lower Muscatine Road, he approved. RI:QIIEST .m '1111: CI'T'Y MANAGER FOR INFORMATION OR STAFF ASSISTANCE: I. 'That staff assistance be provided in determining if the design standards for public works improvements are of a consistent nature and if not, in determining what steps should be followed in making them so. SUMMARY OF DISCUSSION AND ACTION 'TAKEN: Blum called the meeting to order and asked if anyone present wished to discuss any item not included on the agenda. No one responded. Ile then called for consideration of the minutes of April 2 (informal meeting). It was suggested that the word "requested" in the first and last lines of the last M MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINCS Planning and --oning Commission April 19, 1979 Page 2 paragraph of the discussion of S-7904 be changed to the word "suggested" informal minutes were approved as corrected. Ile then called for consideration of the minutes of the April 5 meeting no discussion of these minutes, they were approved as circulated. The There being S-7904. Public discussion of a preliminary plat of Oakes 2nd Addition, located on Quincent Street extended; 45 -day limitation period: waived, 60 -day limitation period: waived. Boothroy presented an overlay of the area and explained that a revised plat had been submitted proposing a subdivision of 7 lots rather than the 11 lots originally planned. The revised plat eliminates Lots 1, 2, 3, 10, 11 and renumbers the remaining lots. The revised plat also shows Quincent Street as a stub street with room at the end for a cul-de-sac and places the subdivision so that it does not foster Road alignment. interfere with the proposed i Blum asked if anyone present wished to discuss this item. Richard Boyle, 1241 Oakes Drive, read a petition that will be presented to the City Council by April 23 regarding the permanent removal of the poster Road extension from the Comprehensive Plan. (copy of petition attached) Anthony Frey, 15 Caroline Court, discussed the fact that he and his wife were willing to give land in order to provide some kind of a cross street that would give access to the arca from Prairie du Chien Road and Shimek School. 1101) Satter, 1739 N. Dubuque Road, asked if the staff had looked into the projected schedule for construction of Foster Road and the projected cost of such construction. Ile further stated that he felt this would be a very expensive project and that there was no substantial committment on the Poster Road project. Blum stated that the concept of the Foster Road development is that the road will be developed as the area through which it passes is developed. Staff pointed out that the revised plat had not been reviewed but felt that if there were any deficiencies or discrepancies they would be minor in nature. Lehman moved, and Kammermeyer seconded, that the revised plat for Oakes 2nd Addition, located on Quincent Street extended, be approved with the contingency that any deficiencies or discrepancies found during the staff review will be corrected prior to the submission of the plat to the City Council. The.approval was unanimous. S-7907. Public discussion of a preliminary plat and Planned Area Development plan of 19aldenwood Part I, located in the northwest quadrant of the intersection of Rohret Road and Mormon Trek Boulevard; 45 -day limitation period: 4/28/79, 60 -day limitation period: 5/13/79. i Boothroy presented an overlay and explained that the proposed development is for /r MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ■ Planning and Zoning Commission April 19, 1979 Page 3 single family attached condominium units. Ile elaborated on the staff's concerns regarding the construction standards for private streets and the dead -ending of Private streets and pointed out that the stormwater detention facilities are being reviewed at the present time by both the Engineering Division and the Iowa Natural Resources Council. Blum asked if anyone present wished to discuss this item. Ralph Stoffer, Southgate Development Company,stated that he wanted to request that the plan be approved subject to the requests of the staff and pointed out that while the concerns over the pavement thickness was a large dollar item it was not large enough to kill the project. Jakobsen moved, and Lehman seconded, that the preliminary plat and Planned Area Development plan of Waldenwood Part 1, located in the northwest quadrant of the intersection of Rohret Road and Mormon Trek Boulevard, be approved contingent upon the approval of the private drive cross sections by the Engineering Division. Motion curried unanimously. Kammermeyer requested that staff assistance be provided in determining if the design standards for public works improvements are of a consistent nature and if not, in determining what steps should be followed in making them so. S-7908. Public discussion of a preliminary plat and Planned Area Development plan of Pepperwood, Parts 3-7, located west of Pepper Drive and south of the K -Hart area; 45 -day limitation period: 4/28/79, 60 -day limitation period: 5/13/79. Boothroy presented an overlay and explained that the proposed development would con- sist of mixed use dwelling units (single family attached and single family detached). lie further explained the staffts concern regarding the construction of Keokuk Street in this area and the drainage way west of Keokuk Street. Lehman moved, and Jakobsen seconded, that the preliminary plat and Planned Area Develop- ment plan of Pepperwood, Parts 3-7, located west of Pepper Drive and south of the K -Mart area, be approved contingent upon the receipt prior to submission of the final plat of an agreement relating to the development of Keokuk Street and the drainage way west of Keokuk Street. Jakobsen asked that the minutes show that the Commission had discussed the sewer problems in the area and that the Engineering staff had stated that the density is acceptable. After some further discussion, Kammermcyer moved, and Jakobsen seconded, that the motion be amended to include the following contingency, "deletion from the PAD plan or the structural designs similar to those shown on Lots 97 and 96 of the preliminary Plan." The amendment was approved unanimously. Ilium then called for a vote on the amended motion. This amended motion also carried unanimously. / MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 11011IES Planning and Zoning Commission April 19, 1979 Page 4 S-7910. Public discussion of a preliminary and final plat of Moreland Subdivision, located north of Rochester Avenue approximately 100 feet cast of Post Road; 45 -day limitation period: 5/7/79, 60 -day limitation period: 5/21/79. .Johnson presented an overlay of the area and explained that Lot 1 is a lot on which the developer wishes to construct a single family home. He further explained that Lot 2 is ;in L-shaped lot which will be developed at a later date. All deficiencies and discrepancies have been resolved with the exception that the agreement regarding public improvements has not yet been reviewed by the Legal Department. There being no further discussion on this item, Blum called for a vote for approval of the preliminary and final plat of Moreland Subdivision, located north of Rochester Avenue approximately 100 feet east of Post Road, subject to the approval of the agreement relative to the public works improvements by the legal Department. Approval was unanimous. i i S-7911. Public discussion of a preliminary and final Large Scale Non -Residential Development plan (No. 2) of Procter $ Gamble Manufacturing Company, located at 2200 Lower Muscatine Road; 45 -day limitation period: 5/16/79. .Johnson presented an overlay of the proposed development and stated that there were no remaining deficiencies or discrepancies. Blum called for approval of the preliminary and final Large Scale Non -Residential Development plan (No. 2) of Procter t Gamble Manufacturing Company, located at 2200 Lower Muscatine Road. Motion carried unanimously. Blum asked about the status of the two items discussed at the informal meeting regard- ing Sign Regulations (Moore Business Forms and Quincet Square). Schmeiser stated that the Moore Business Forms situation had been resolved but suggested that a public discussion be set to discuss minor amendments to the Sign Ordinance to resolve the problem with Quincet Square. Blum also asked for a status report on the new zoning ordinance. Schmeiser stated that lie was developing the sign regulations and that it must be resolved whether the sign regulations should be adopted previous to the new zoning ordinance. Blum stated that lie had received a letter from Marilyn Holland in support of Dean Oakes' original proposal to make Quincent Street a cul-de-sac and wanted the letter made a part of the record. (copy attached) A discussion followed regarding an informal meeting to review the Revised Tree Regulations. Blum suggested that a subcommittee be appointed to go back and review the ordinances to see that the ordinances are in the form that the Commission wished. There followed a discussion of the pros and cons of such a subcommittee. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1401NES Planning and Zoning Commission April 19, 1979 Page 5 The concensus of the Commission regarding a meeting to review the Revised Tree Regulations was to schedule the next informal meeting (April 30) at 8:00 p.m. rather than the regular time of 7:30 p.m. and that the Commission would meet at 7:00 p.m. to review the Revised Tree Regulations. ']'here being no further business, the meeting was adjourned. Prepared by Sandra Wilkinson, FPD Secretary Approved by W L' Erftbst W. Lehman, PF,L Secretary MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 61011iEs 1 r`) 1630 Quincent Drive Iowa City, Iowa 52240 April 16, 1979 Mr. Richard Blum 2041 Rochester Court Iowa City, Iowa 52240 Dear Mr. Blum, I am writing in support of Dean Oakest original proposal to make the north end of Quincent a cul-de-sac. We own Lot 9 on Quincent and built the first house in this development. The thing that attracted us to this area is the wooded and quiet surrounding. I feel that a cul-de-sac would be most conducive to continuing this atmosphere. Regarding the alternative plan, as was pointed out at the meeting of Planning and Zoning, a "stub" street is very unattractive. The continuation of the proposed Foster Drive is not included in the 5 year street plan of Iowa City. We would therefore be living many years with a dead-end stub street with no provision for a turnaround for garbage trucks, snow plows, service trucks and general traffic. It will certainly detract from owning the properties near the end of the street if their driveways are used for a . turnaround as well as create an unsafe traffic situation. I would greatly appreciate you sharing this letter with your fellow Committee members and also your favorable consideration Of the cul-de-sac plan for our street. Sincerely, (Mrs.) Marilyn Holland cc: Dean Oakes MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES TO: Iowa City City Council and Iowa City Planning and Zoning Commission I In the Matter of Fo$ter Road Extension The undersigned, all of whom reside on or near Old Dubuque Road, Quincent, Oakes Drive and Bristol Drive, hereby formally petition and request that the portion of Foster Road shown as lying between Prairie du Chien Road and North Dodge Road be deleted from the Comprehensive Plan for Iowa City. Foster Road is, apparently, to be a major cross-town arterial, linking East and West Iowa City. However, a quick review of that road shows that it starts in the middle of nowhere on the West and merely provides a second alternative route on the East. In the first place, we do not comprehend the rationale for the road as a cross-town arterial when it is shown as merely stopping at either a dead-end or some sort of turn -a -round. Secondly, the proposed Foster Road link from Prairie du Chien Road to North Dodge Street would serve no purpose which could not be served by present streets. Prairie'du Chien Road and North Dodge Street are already 'major traffic -bearing streets through the City's North side, and we understand that present plans call for the widening of North Dodge out to the Interstate 80 interchange. We believe that, without material inconvenience to motorists and neighboring residents, traffic moving between Northwest Iowa City and the East side could use Prairie du Chien Road and North Dodge Street to reach the First Avenue or Scott Boulevard extensions to North Dodge Street. Such routing would, we submit, serve the purpose of a cross-town link, while at the same. time allowing the preservation of the neighborhood in which we live. As each of you may know, the neighborhood in which the under- signed live is a peaceful one, with small children playing safely on the quiet streets and open lots. It is hard to imagine a quicker MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES FICIRES "IN way to destroy the neighborhood character than putting a major traffic generating road in our midst.. We fail to see any material benefit to the citizens of Iowa ,City from such a road, and believe its only long-term effect will be to destroy a fine residential area. In summary, on the basis that there is no real need for the Foster Road extension from Prairie du Chien Road to North Dodge Street, and because we believe such a major arterial roadway would destroy the peaceful character of our neighborhood, the undersigned respectfully request that the Foster Road extension from Prairie du Chien Road to North Dodge Street be forever deleted from the Comprehensive Plan for Iowa City. NAME ADDRESS MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 00111ES �l MINUTES HUMAN RIGHTS COMMISSION MARCH 19, 1979 6:30 P.M. CITY MANAGER'S CONFERENCE ROOM MEMBERS PRESENT: Costantino, Reyes, Marcus, McGuire, Kuhn, Braverman, Munzenmaier arrived late MEMBERS ABSENT: McCartt, Yates STAFF PRESENT: Brown, Zukrowski, Allen. Ryan arrived late VISITORS: Marcia McCaulay, Clevlyn Bankhead, University of Iowa students; Mary Abboud, KXIC radio. RECOMMENDATION TO THE CITY COUNCIL: RECOMMENDATION TO THE CITY MANAGER AND STAFF: Braverman requested Zukrowski to write to the Iowa Civil Rights Commission to get information on what procedures have been developed to avoid late processing and filing of complaints forwarded to their agency by the local commission. SUMMARY OF RELEVANT DISCUSSION: 1. The Director for the Human Relations Department, Patricia Brown, was introduced to the Commission members. Patricia Brown began employment with the City of Iowa City on March 19, 1979. 2. The Commission meeting began at 6:30 p.m. March 19th so that the Commission may have a special session for orientation. Some of the topics discussed were complaint processing, staff function, local ordinance, etc. 3. The Commissioners were concerned about what percentage of the staff's workload can or must be delegated to the Human Rights Commission. Pat Brown reassured the Commissioners that she would be conducting job analysis within the next 90 days to better establish priorities and duties. 4. At 8:00 p.m., the February 26, 1979 minutes were approved and accepted. Costantino moved, Kuhn seconded. All Commissioners present voted aye. 5. Changes in 601A were briefly discussed and Zukrowski had covered most of the changes in the orientation program. A letter that was sent by chairperson Braverman to women in the community who managed or own small businesses was MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MoIREs R � HUMAN RIGHTS COMMISSION March 19, 1979 Page 2: distributed to the Commissioners. There was some discussion as to what effect the letter had on women in the community. 6. Priority projects for 1979 was then discussed. Linda McGuire made the report. Some of the things that were discussed as priority projects were 1) City employees grievance procedure, 2) helping the City comply to make it a model employer, 3) educational projects, and 4) taking new directions, especially because of the five new Commission members. After discussions and questions Costantino moved and Marcus seconded that the priorities 1 through 4 as listed above be accepted. All members present voted aye. The Committee is to i meet within a week to okay and to discuss the breakdown of the priorities. l 7. A letter regarding the Commission's participation in City employment complaints was passed out to the Commission members f at the meeting. Affirmative Action: 8. Braverman had no report to make. I 9. Staff report was then distributed by Zukrowski. COMPLAINTS: Cases Pending: a. E/S, 9-18-7808. Steve Munzenmaier. Conciliation Team met and the case is still under investigation. Respondent had received letter. b. E/R, 11-29-7809. Complainant allegedly had received a right to sue in federal court. Zukrowski drafted a letter to the State to see if they were aware of that right to sue. i C. E/R, 12-22-7810. In investigation. d. E/S, 12-29-7811. In investigation. e. H/R, 2-15-7901. In investigation. f. PA/R, 2-15-7901. In investigation. i g. E/Re, 2-15-7901. In investigation. / MICROFILMED BY - 1 JORM MICROLAB CEDAR RAPIDS•DES MOINES 1 HUMAN RIGHTS COMMISSION March 19, 1979 Page 3 h. E/R, 2-15-7902. In investigation. Cases Closed: PA/R, 5-15-7802. Subject to monitoring until March 5, 1980. Cases to be Monitored: E/R, 2-6-7705. Costantino report. Reyes went with Costantino, and they had a good visit. Costantino felt conciliation agreement was too general. They will send a letter to the employer with suggestions that could improve on seminar information because they felt it too abstract and it could be made more simple and personal. OTHER The April meeting is April 23, 1979 at 7:30 p.m. The agenda setting is April 13, 1979 at 3:30 p.m. Adjournment: Kuhn moved, Reyes seconded. All present voted aye. Meeting adjourned at 9:05 p.m. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES t � 1 HUMAN RIGHTS COMMISSION March 19, 1979 Page 3 h. E/R, 2-15-7902. In investigation. Cases Closed: PA/R, 5-15-7802. Subject to monitoring until March 5, 1980. Cases to be Monitored: E/R, 2-6-7705. Costantino report. Reyes went with Costantino, and they had a good visit. Costantino felt conciliation agreement was too general. They will send a letter to the employer with suggestions that could improve on seminar information because they felt it too abstract and it could be made more simple and personal. OTHER The April meeting is April 23, 1979 at 7:30 p.m. The agenda setting is April 13, 1979 at 3:30 p.m. Adjournment: Kuhn moved, Reyes seconded. All present voted aye. Meeting adjourned at 9:05 p.m. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES -c MINUTES DESIGN REVIEW COMMITTEE APRIL 11, 1979 -- 4:00 P.M. j CITY MANAGER'S CONFERENCE ROOM MEMBERS PRESENT: Lilly, Summerwill, Sinek, Haupert, Wockenfuss, Alexander, Seiberling MEMBERS ABSENT: Lafore, Wegman, Gutheinz STAFF PRESENT: Conklin SUMMARY OF DISCUSSION: Chairperson Lilly brought the meeting to order. The minutes of March 14, 1979 were discussed and Alexander moved to approve the minutes as written, Haupert seconded. Minutes approved unanimously. OFFICE•BUILDING LOT 1; BLOCK 102: Dick Pattschull, representing the architect firm of Wehner, Nowysz, Pattschull and Pfiffner presented the preliminary design plans for the Office Building Lot 1; Block 102 located on Burlington and Dubuque Streets behind the proposed Mod Pod building. The building will bean office condominium, not a residential condo- minium. A open area will surround the entrance to attract attention to the entrance. The middle area of each level will be a common area, housing restrooms and elevators. The building will not have a basement level. Haupert asked if any tenants had signed for space. Pattschull stated, letters of commitment have been received to occupy approximately five floors. Two floors will be occupied by a raquetball club. At this present time the architects are in the process of in- corporating the project and writing the condominium agreement. Pattschull said his firm would like to build eight floors, which is the highest the building can be built without involving a dispute about air rights. The area which the architects will occupy is 3,000 square feet. The cost of space is approximately $65.00 a square foot for unfurnished space and $80.00 a square foot for furnished space. A question was raised if further expansion would be needed after construction of the building for additional tenants. Pattschull said if further construction would take place the tenants in the building would have to agree because they would own the building. The materials for the structure may be concrete with brick exterior unless the Mod Pod building has a saxton brick exterior, then the condominium may have a masonry exterior. Lilly commented that the Committee did not have to approve or disapprove the plans because the building was not on Urban Renewal land. There will be two entrances, one on Dubuque Street and one on Burlington Street. A solid wall will be between the Office Building and the New Process Cleaners. Seiberling asked if there was going to be any solar units in the building. Pattschull said there would not be any. A question was raised as to the parking situation and Pattschull said parking would be available from the City lots but parking around the building or underground would not be practical because of the cost involved. The Committee thanked Dick Pattschull for his presentation. NEW BUSINESS: The Committee felt the temporary building by the Court House should be removed. The Committee asked the staff to inquire about resigning Brian Gutheinz from the AM FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIa ES MINUTES DESIGN REVIEW COMMPI'TEE APRIL 11, 1979 -- 4:00 P.M. PAGE 2 Committee and how to appoint a new member. Dick Pattschull and Dick Kruse were suggestions for new members to the Design Review Committee. Alexander asked if any plans were reviewed by the Committee for the remodeling of the old Frankels building on Dubuque Street. The Committee asked the staff to look into this matter. There being no further business, the meeting was adjourned. / % 1'ZA e D Cly \\! J Julie Conklin, Senior Clerk Typist MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1 MINUTES. DESIGN REVIEW COMMITTEE APRIL 25, 1979 -- 4:00 P.M. CITY MANAGER'S CONFERENCE ROOM MEMBERS PRESENT: Lilly, Alexander, Seiberling, Wegman, Lafore, Haupert MEMBERS ABSENT: Gutheinz, Summerwill, Sinek, Wockenfuss STAFF PRESENT: Glaves, Conklin, Berlin, Schreiber GUESTS: Bea Bailey, Bob Downer RECOMMENDATION TO CITY COUNCIL: To approve the preliminary design plans submitted by North Bay Construction, Inc. for parcel 82-1b, the Lucas Building located on College and Dubuque Streets. SUMMARY OF DISCUSSION: Chairperson Lilly brought the meeting to order. There were no minutes to approve NORTH BAY CONSTRUCTION, INC.; PARCEL 82-1b: Bailey introduced Bob Downer, the company's legal advisor, to the Design Review Committee. Downer asked the Committee's permission to tape the meeting. The Committee agreed to tape the meeting. Downer commented that he was hopeful that a decision could be made at this meeting. Bailey presented.a water color drawing of the proposed Lucas Building. He explained the materials that will be used for the building. The brick for the exterior of the building is a medium brown color. The area between the segmented arches is Annamosa limestone. The limestone is a buff color which is similar to portions of the College Block Building. The north wall next to the College Block Building has been left all brick and the wall on the alley is brick. The segmented arched windows will be framed by dark anodized aluminum with a brick relief around the window arch. The office entrance will be a single door with glass. A question was raised about signage for the tenants. Bailey said signs will be on the limestone and will be letters mounted on uniform placards. The lettering however may differ. Bronze tube lights mounted between the windows on the brick will serve for exterior lighting of the building. The basement and the first floor will be mainly used for commercial purposes: The second floor will be office space. Lilly asked how many square feet was in the building. Bailey said there was 5,325 square feet on the first floor. The air conditioning units for the building will be located on the roof and the heat would be hot water heat with the boiler located in the basement. Lilly inquired as to where the trash would be located. Glaves said since the lot was entirely covered, part of the basement would need to allocated for trash disposal. Bailey said this matter needed to be looked into further. Seiberling said she was very pleased and very excited about the building. Lafore said he felt the building was distinquished. Seiberling moved to approve the design for the Lucas Building and commend Norm Bailey for his unswerving effort to serve the community in the sense to provide' a very handsome compliment to the building in downtown. Alexander seconded, motion carried unanimously. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I401NES 663 1 MINUTES DESIGN REVIEW COMMITTEE APRIL 2S, 1979 -- 4:00 P.M. PAGE 2 r� Lilly asked if there was any anticipated time for beginning the construction. Bailey said he hoped to break ground this fall in August or September. A question was asked on the marketing of the spaces. Bailey said he was encouraged at this point. I ' The Committee thanked Norm Bailey for his presentation. I i OTHER BUSINESS: Glaves commented that the plans for the old Frankel's building were not received by the Planning department as yet but he would ask the Building department for the plans. i Glaves said the only plans left to be approved by the Design Review Committee .were the second parking ramp, which is similar to the first ramp, Streetscape Phase II, and the Ecumenical Housing Project. Haupert said Arie Kruse was concerned about the trees in the City Plaza because of the drainage problem. 'Glaves said there was a concern about the calcium deposit because it may harm some trees. The planters will be cleaned out and additional soil added to the planters. A drainage pit will be under the tree ball to provide extra drainage. Seiberling suggested to have some publicity' about the tree planting in City Plaza. Neal Berlin, City Manager, asked Linda Schreiber to carry this out. Schreiber said a newsletter will be mailed out about every two weeks to keep the public informed of the progress in the downtown area. Seiberling suggested the Committee meet with store owners who need to remodel the fronts of their stores. Berlin suggested a pamphlet be sent to the owners and inform them that the Design Review Committee and the staff is willing to help plan designs for their stores. Berlin asked Glaves to look into the possibility of 312 loans for commercial uses. Seiberling suggested the Committee to organize a design conference for downtown merchants. Glaves' added that the developer for Anna's Place was going to bring in samples for the Design Review Committee to review. There being no futher business, the meeting was adjourned Julie Conklin, Senior Clerk Typist MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES Ido DIES , y%'y1-7q Dear City Council !!ember, ^!e are va,riting in the hope that this will. reach your heart, conscience &spur you on to an rapid but :cell thought out plan. The issue at the Fire Dept. with Linda Paton, is controversial as we all know. I don't want to debate this. The biggest concern th^t I have is that the people of Ioon City don't h^ve the opportunity to say "We don't want our money spent in the court." It scares all of us as self-respecting tax paying citizens, when the city attorneys say that they are prepared to take this to the supreme court. Whether or not this is true, it shows how prone the city government is to spending hundreds of thousands of dollars in a case they could very likely lose. It is only fair that if more than 50% of the voters want the money spent, then it should be pursued. If not, the fire dept. should be forced to reconsider this in the conciliation period and not go to court. Since we elected you people as our voice, then we feel. that you should use your initiative and power that we have given you to stop squandering of dollars. These funds could be efficiently used in helping the elderly, the street repairs, the downtown project etc. that would help all Iowa City taxpayers. The money spent on the Lind.v Eaton case does not have nearly as great a cost -benefit ratiol This issue should never have gone to court! Looking forward to hearing from you. APR 7 61979 AMIE STOLFUS, CIVIC OV USK (3) Sincerely, ��, f Z 1 3 7-e Ci ers C k .=a. CJ�=owa MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES _. . f �O May 14, 1979 JiJ Mr. Ken Culver and Ms. Cindy Alloway 213 Teeters Court Iowa City, Iowa 52240 Dear Mr. Culver and Ms. Alloway: Thank you for your recent letter to the City Council concerning the Linda Eaton matter. The City has carefully considered all of your concerns and has been extremely anxious to resolve the matter in a way in which will not result in discriminatory work rules and will be consistent with the City's obligations to other employees and the taxpayer under the collective bargaining process of this state and other requirements for operating an effective and efficient city government. We will continue to seek resolution of this matter consistent with those goals. Sincerely yours, Neal G. Berlin City Manager bdw / cc: City Clerk ✓ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES WILLIAM L.MCAROON WILLIAM F. SUEPPEL ROOERT N. DOWNER JAMES P.HAYES JAMES O. MCCARRAOHER THOMAS J.CILCK MARK T. HAMER THOMAS O.HOOART MARGARET T. LAINSON '�) MEARDON.SUEPPEL.DOWNER & HAYEs LAWYERS 122 SOUTH LINN STREET TELEPHONE 335.0222 IOWA CITY, IOWA 52240 AREA CODE 319 April 24, 1979 Mayor Robert Vevera Civic Center Iowa City, Iowa 52240 Dear Mayor: Enclosed please find Petitions from the residents in the North Dubuque Road area protesting against the Foster Road extension and against Oakes Second Addition insofar as Foster Road is part of it. We will appear at future City Council meetings to discuss and request to have the Comprehensive Plan amended to delete Foster Road in the area between Dubuque Street and Highway 1. V//eery ttrulllyy� yours, William F. Sueppel WFS: tmp Enc. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES FU DD APR2 41979 ABBIE STOLFIl CITY CLERK i. MR op I WILLIAM L.MCAROON WILLIAM F. SUEPPEL ROOERT N. DOWNER JAMES P.HAYES JAMES O. MCCARRAOHER THOMAS J.CILCK MARK T. HAMER THOMAS O.HOOART MARGARET T. LAINSON '�) MEARDON.SUEPPEL.DOWNER & HAYEs LAWYERS 122 SOUTH LINN STREET TELEPHONE 335.0222 IOWA CITY, IOWA 52240 AREA CODE 319 April 24, 1979 Mayor Robert Vevera Civic Center Iowa City, Iowa 52240 Dear Mayor: Enclosed please find Petitions from the residents in the North Dubuque Road area protesting against the Foster Road extension and against Oakes Second Addition insofar as Foster Road is part of it. We will appear at future City Council meetings to discuss and request to have the Comprehensive Plan amended to delete Foster Road in the area between Dubuque Street and Highway 1. V//eery ttrulllyy� yours, William F. Sueppel WFS: tmp Enc. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES FU DD APR2 41979 ABBIE STOLFIl CITY CLERK i. MR APR2 41979 TO: Iowa city City council and lkSBIE STOLFUS Iowa City Planning and Zoning Commission CITY CLERK In the Matter of Foster Road Extension The undersigned, all of whom reside on or near Old Dubuque Road, Quincent, Oakes Drive and Bristol Drive, hereby formally i Petition and request that the portion of Foster Road shown as lying between Prairie du Chien Road and North Dodge Road be deleted from the Comprehensive Plan for Iowa City. Foster Road is, apparently, to be a major cross-town arterial, linking East and West Iowa City. However, a quick review of that road shows that it starts in the middle of nowhere on the West and merely provides a second alternative route on the East. In the first place, we do not comprehend the rationale for the road as a cross-town arterial when it is shown as merely stopping at either a dead-end or some sort Of turn -a -round. Secondly, the proposed Foster Road link from Prairie du Chien Road to North Dodge Street would serve no purpose which could not be served by present streets. Prairie du Chien Road and North Dodge Street are already major traffic -bearing streets through the City's North side, and we understand that present plans call for the widening of North Dodge out to the Interstate 80 interchange. We believe that, without material inconvenience to motorists and neighboring residents, traffic moving between Northwest Iowa City and the East side could use Prairie du Chien Road and North Dodge Street to reach the First Avenue or Scott Boulevard extensions to North Dodge Street. Such routing would, we submit, serve the purpose of a cross-town link, while at the same time allowing the preservation of the neighborhood in which we live. As each of you may know, the neighborhood in which the under- signed live is a peaceful one, with small children playing safely on the quiet streets and open lots. It is hard to imagine a quicker Fv. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IdOIRES way to destroy the neighborhood character than putting a major traffic generating road in our midst. We fail to see any material benefit to the citizens of Iowa City from such a road, and believe its only long-term effect will be to destroy a fine residential area. In summary, on the basis that there is no real need for the Foster Road extension from Prairie du Chien Road to North Dodge Street, and because we believe such a major arterial roadway would destroy the peaceful character of our neighborhood, the undersigned I I respectfully request that the Foster Road extension from Prairie I du Chien Road to North Dodge Street be forever deleted from the Comprehensive Plan for Iowa City. ; v AFR2 ADDRESS ABBIC STOL1=US CITY CLERIC 7m g z ,/13' A&ZLL'w� /yo��C/Duh mug 7?c,), MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I10I1jEs NAME I i./'+uUQj `./.Q-- ADDRESS r MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40111ES TO: Iowa City City Council and Iowa City Planning and Zoning Commission I In the Matter of Foster Road Extension AP �°��D R2 41979 ABBIE STOLFUS CITY CLERK %91' F The undersigned, all of whom reside on or near Old Dubuque Road, Quincent, Oakes Drive and Bristol Drive, hereby formally petition and request that the portion of Foster Road shown as lying between. Prairie du Chien Road and North Dodge Road be deleted from the Comprehensive Plan for Iowa City. Foster Road is, apparently, to be a major cross-town arterial, linking East and West Iowa City. However, a quick review of that road shows that it starts in the middle of nowhere,on the West and merely provides a second alternative route on the East. In the first place, we do not comprehend the rationale for the road as a cross-town arterial when it is shown as merely stopping at either a dead-end or some sort of turn -a -round. Secondly,, the proposed Foster Road link from Prairie du Chien Road to North Dodge Street would serve no purpose which could not be served by present streets. Prairie'du Chien Road and North Dodge Street are already major traffic -bearing streets through the City's North side, and we understand that present plans call for the widening of North Dodge out to the Interstate 80 interchange. We believe that, without material inconvenience to motorists and neighboring residents, traffic moving between Northwest Iowa City and the East side could use Prairie du Chien Road and North Dodge Street to reach the First Avenue or Scott Boulevard extensions to North Dodge Street. Such routing would, we submit, serve the purpose of a cross-town link, while at the same.time allowing the preservation of the neighborhood in which we live. As each of you may know, the neighborhood in which the under- signed live is a peaceful one, with small children playing safely on the quiet streets and open lots. It is hard to imagine a quicker FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES I way to destroy the neighborhood character than putting a major traffic generating road in our midst. We fail to see any material benefit to the citizens of Iowa City from such a road, and believe its only long-term effect will be to destroy a fine residential area. In summary, on the basis that there is no real need for the Foster Road extension from Prairie du Chien Road to North Dodge Street, and because we believe such a major arterial roadway would destroy the peaceful character of our neighborhood, the undersigned respectfully request that the Foster Road extension from Prairie du Chien Road to North Dodge Street be forever deleted prom 0 the I n Comprehensive Plan for Iowa City. v t E, APR2 41979 ABBIE STOLFUS NAME nn ADDRESS CITY CLERpK .n .. . .. n . A A -M- M Z S'CJ �t z <Q, Gz k /9v�) 111T. I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES t1oIREs LI a NAME ADDRESS MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 140IMES i X17 0 L E n f APR2 41979 v TO: Iowa City City Council and ABBIE STOLFUS Iowa City Planning and Zoning Commission CITY CLERK In the Matter of Foster Road Extension The undersigned, all of whom reside on or near Old Dubuque Road, Quincent, Oakes Drive and Bristol Drive, hereby formally petition and request that the portion of Foster Road shown as lying between.Prairie du Chien Road and North Dodge Road be deleted from the Comprehensive Plan for Iowa City. Foster Road is, apparently, to be a major cross-town arterial, linking East and West Iowa City. However, a quick review of that road shows that it starts in the middle of nowhere on the West and merely provides a second alternative route on the East. In the first place, we do not comprehend the rationale for the road as a cross-town arterial when it is shown as merely stopping at either a dead-end or some sort of turn -a -round. Secondly, the proposed Foster Road link from Prairie du Chien Road to North Dodge Street would serve no purpose which could not be served by present streets. Prairie du Cni.en xoaa and North Dodge Street are already major traffic -bearing streets through the City's North side, and we understand that present plans call for the widening of North Dodge out to the Interstate 80 interchange. We believe that, without material inconvenience to motorists and neighboring residents, traffic moving between Northwest Iowa City and the East side could use Prairie du Chien Road and North Dodge Street to reach the First Avenue or Scott Boulevard extensions to North Dodge Street. Such routing would, we submit, serve the purpose of a cross-town link, while at the same time allowing the preservation of the neighborhood in which we live. As each of you may know, the neighborhood in which the under- signed live is a peaceful one, with small children playing safely on the quiet streets and open lots. It is hard to imagine a quicker MICROFILMED BY I JORM MICROLAB CFDAR RAPIDS -DES I40111Es Me way to destroy the neighborhood character than putting a major traffic generating road in our midst. We fail to see any material benefit to the citizens of Iowa City from such a road, and believe its only long-term effect will be to destroy a fine residential area. In summary, on the basis that there is no real need for the Foster Road extension from Prairie du Chien Road to North Dodge Street, and because we believe such a major arterial roadway would destroy the peaceful character of our neighborhood, the undersigned respectfully request that the Foster Road extension from Prairie du Chien Road to North Dodge Street be forever deleted from the Comprehensive Plan for Iowa City. I;.a 11 1 F D NAME 9 0 dJ APR2 A 1979 D ADDRESSABBIE STOLFUS _/7W/ � � au -F& CITY CLERK Le I -M2 A4 X AN 7 0 x, s /, 2,7A (0JJ ' / 26 2 " /94 1_4?�6.(LYy _ e . 52f9111-1 /27 � 12- r7 �z3s Dom. fes., n 9L.L �' IV G tZ IJ :Zr MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES NAME v. :z 1. _ i ADDRESS 72 77 JUHM MIUHULAb CEDAR RAPIDS -DES MOINES , City of Iowa Citti MEMORANDUM Date: April 24, 1979 To: Honorable Mayor and City Council From: James Brachtel, Traffic Engineer Re: Parking Prohibitions on Oakcrest Street and on Woodside Drive As directed by Section 23-16 of the Municipal Code of Iowa City, Iowa, this is to advise you of the following action: ACTION: Pursuant to Section 23-234 of the Municipal Code of Iowa City, Iowa, the City Traffic Engineer will direct that signs be erected along Oakcrest Street and Woodside Drive so as to prohibit parking in the following manners: No parking anytime on the north side of Oakcrest Street from its intersection with Sunset to its intersection with George Street, No parking anytime on both sides of Oakcrest Street from its intersection with George Street east to its westerly intersection with Woodside Drive, No parking anytime on the north side of Oakcrest from the west intersection with Woodside Drive to its east intersection with Woodside Drive. Additionally parking shall be prohibited at all times on both sides of Woodside Drive from its westerly inter- section with Oakcrest Street to its easterly end. This action shall be taken on or shortly atter May 8, 1979. COMMENT: This action is being taken to correct a slight error that was listed in memo N10 when Council considered parking prohibitions on 4/17/79. We gave the Council a memo as if Oakcrest were a bus route for its entire length. Actually the bus route leaves Oakcrest and goes onto Woodside. This memo corrects that error and this should be the last memo on parking for some time. jmI/7 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES a M I CEIVED APR 2 4 1979 19 �, -",,- L7 ewr� �, Ila 5'? a4O euro,,, 0 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 868 I U _ y 1� I:. I i I i _ I I I CEIVED APR 2 4 1979 19 �, -",,- L7 ewr� �, Ila 5'? a4O euro,,, 0 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 868 STAFF REPORT To: Planning and Zoning Commission Prepared by: Doug Boothroy Item: 5-7904. Oakes Second Addition Date: April 5, 1979 GENERAL INFORMATION A 'i t pp scan . Dean Oak Requested Action: Purpose: Location: Size: i Existing land use and zoning: Surrounding land use and zoning: Applicable regulations: 45 -day limitation period: 60 -day limitation period: SPECIAL INFORMATION Public utilities: Public services: Transportation: Physical characteristics: es R. R. #2 Iowa City, Iowa 52240 Approval of a preliminary plat To develop 7 single family lots Quincent Street extended Approximately 2.3 acres Undeveloped and R1A South - Single family and RIA East - Undeveloped and RIA West - Undeveloped and RIA North - Undeveloped and R1A Provisions of the Subdivision Code and the Stormwater Management Ordinance 4/5/79 4/20/79 Adequate sewer and water service are available. Police and fire protection are available. Vehicular access is from Quincent Street.' The development is located within the Rapid Creek watershed. The topography is gently sloping to steep (2 to 16 percent). MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES S 72 2 ANALYSIS The primary concern to be taken into account with this development as well as with subsequent subdivisions in this area is neighborhood street configuration in conjunction with Foster Road. The Comprehensive Land Use Plan recommends that Foster Road be constructed as a secondary arterial street, the location of which is still to be determined (see attached memo from Jim Brachtel). Re- gardless of the location of Foster Road it is important that either Oakes Drive or Quincent Street be extended to intersect with Foster Road. Because of the uncertainties regarding the location of Foster Road and the extension of Oakes Drive, Quincent Street should be extended to the north to provide access to that area and in such a manner to allow the greatest flexibility in determining the final alignment for Foster Road. It is difficult to determine at this time whether the street should be a cul-de-sac or loop without the benefit of an overall development plan which is acceptable to the City. RECOMMENDATION i It is the staff's recommendation that the preliminary plat be denied. Upon revision of the plat in conjunction with the concerns mentioned above and correcting the deficiencies and discrepancies noted below, it is the staff's recommendation that the preliminary plat be approved. DEFICIENCIES AND DISCREPANCIES 1. The location of the stormwater detention basin should be shown on the location map. 2. Preliminary calculations and plans for the stormwater management basin should be provided to the Engineering Division for their review and ap- proval prior to the Commission's approval of the preliminary plat. 3. If the Commission decides that Quincent Street should be a cul-de-sac, then a 10' right-of-way for a public walkway between lots 4 and 5 should be provided. ATTACHMENTS Location map Memo from Jim Brachtel ACCOMPANIMENTS Preliminary plat Approved by Dennis R. Kraft, I ector Dept. of Planning and Program Development / MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 410INEs 5-7904 MICROFILMED BY JORM MICROLAB CEDAR RAPIOS•OES 140111ES INTERSTATE 80 OAKES 2 �^ ADOIT.ON �-- (91TE r J oAKES IV . ADDITION k W � � J 0 Y u y4 L!d LOCATIOU MAP I I SCALE' 1"a f.bO' APPROX. 5-7904 MICROFILMED BY JORM MICROLAB CEDAR RAPIOS•OES 140111ES City of Iowa City MEMORANDUM DATE: March 30, 1979 TO: Don Schmeiser, Senior Planner FROM: James Brachtel, Traffic Engineer RE: Oakes Second Addition i The submission of Oakes Second Addition presents an opportunity for the City to set the course for the Comprehensive Plan's proposed Foster Road — First Avenue secondary arterial link. In particular, the likelihood of the Foster Road link between Highway 1 and Dubuque Street could be determined by this subdivision. From a traffic perspective, the Comprehensive Plan's proposed link has great conceptual appeal. It would provide an alternative to the existing through street system. The existing system requires east -west moving vehicles to select between narrow residential streets (Kimball Avenue and Ridge Road) or returning to the core of the City (Dodge Street - Church Street and/or the Market/Jefferson one-way couplet - Dubuque Street). While the existing system serves existing development, future development could seriously overload today's through street system. I If the concept of the Comprehensive Plan's east -west link is accepted, there are some difficult questions to be resolved. The concerns of existing residents need to be addressed as portions of the right-of-way which will be required are held in parcels which will not be immediately (if ever) developed to higher densities. The location of Foster Road should promote through traffic in a most direct manner and minimize circuitous travel. There are many issues other than the Foster Road alignment involved in the review of Oakes Second Addition. However, Oakes Second Addition could have significant impact upon the City's intention to implement this area of the Comprehensive Plan as it was accepted. I would be most happy to discuss this further with either yourself and/or the Planning and Zoning Commission. i I I I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401mES 'i STAFF REPORT To: Planning & Zoning Commission Prepared by: Doug Boothroy Item: S-7907. Waldenwood Part 1 Date: April 19, 1979 GENERAL INFORMATION Applicant: Southgate Development Company Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable regulations: 45 -day limitation period: 60 -day limitation period: SPECIAL INFORMATION Public utilities: Public services: 1902 Broadway Iowa City, Iowa 52240 Approval of•a preliminary PAD plan and plat. To develop 67 condominium units on two lots. Northwest quadrant of the inter- section of Mormon Trek Boulevard and Rohret Road. Approximately 11.6 acres. Undeveloped and RIB South - undeveloped and R1A East - undeveloped, single family and R1A West - undeveloped and RIA North - undeveloped and R3 Area designated for a density of 8-16 dwelling units per acre. Subdivision requirements of Chap- ter 32 of the Municipal Code and provisions of the Tree Regulations, Planned Area Development and Storm - water Management ordinances. 4/28/79 5/13/79 Adequate sewer and water service are available. Police and fire protection are available. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 140I14ES X72 2 Transportation: Physical characteristics: ANALYSIS Vehicular access is from both Rohret Road and Mormon Trek Boulevard. The topography is gently sloping to strongly sloping (2% to 14%). The subject addition is a two lot subdivision and Planned Area Development plan consisting of 67 condominium residential units. These units range in size from 2 to 5 bedrooms. The overall net density is approximately 6,700 square feet per unit. One public street is being proposed (Walden Road) and all other streets will be private. According to the City's policy regarding construction standards for private streets, the required pavement thickness should be six (6) inches of Portland cement concrete (PCC) or eight (8) inches of asphaltic concrete. The applicant is requesting that the Commission waive this requirement by allowing the private streets to be constructed of asphaltic concrete with a thickness of seven (7) inches. Both Engineering and Planning consider the six (6) inches of PCC or its asphaltic equivalent to be a minimum and recommend that the Commission not waive this standard for the subject development. Another area of concern is the deadending of private streets. Both the En- gineering Division and the Fire Chief are recommending that the private streets not deadend and either be interconnected or some type of turnaround provided in order to obtain adequate ingress and egress for fire, police, and garbage pickup. In later conversations with the Fire Chief he indicated that the ishorter courts did not seem to be as much of a problem as did Thoreau Court (the approximate length of which is 240 feet). I Stormwater management for the subject development is proposed with a wet bottom storage facility in the vicinity of Willow Creek west of Mormon Trek Boulevard (see location map). Preliminary calculations and construction plans have been submitted to both the Iowa Natural Resources Council and Engineering and are in the process of being reviewed. RECOMMENDATION It is the staff's recommendation (also see attached memo from Engineering) that the preliminary PAD and plat be denied. Upon revision of the PAD plan and plat in conjunction with the concerns mentioned above and correcting the deficiencies and discrepancies noted below, it is the staff's recommendation that the preliminary PAD plan and plat be approved. DEFICIENCIES AND DISCREPANCIES 1. A signature block for the City Clerk's signature should be provided on each page of the subject plan. / MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES r 2. The typical private drive cross section should be revised to show either six inches of PCC or eight inches of asphaltic concrete. I The design of the private drives should be revised as'to provide adequate ingress and egress for fire, police, and garbage pickup. ATTACHMENTS I. Memo from Engineering 2. Location map. ACCOMPANIMENTS Preliminary PAD plan and plat. Approved by MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Fn Kraft, Dire o Planning and Development i r . r1 LGCATIVN MAP SCALaL lox 1000' MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES S-7907 City of Iowa C1 MEMORANDUM Date: April 10, 1979 To: Doug Boothroy From: Denny Gannon �( Re: Waldenwood Subdivision Southgate Development Company has resubmitted the preliminary plat for the Waldenwood Subdivision. Two major areas of concern (private drives to be constructed with 7" asphaltic concrete cement and the deadending of the private drives without any noticable turnarounds) have not been dealt with by the developer. Due to these major problems and other minor deficiencies, Engineering is recommending that the preliminary plat for the subdivision not be approved. jm2/2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1101NES STAFF REPORT To: Planning & Zoning Commission Item: 5-7908. Pepperwood Parts 3-7 GENERAL INFORMATION Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Zoning history: r"1 Prepared by: Doug Boothroy Date: April 19, 1979 Southgate Development Company 1902 Broadway Iowa City, Iowa 52240 Approval of a preliminary Planned Area Development plan and sub- division plat. To develop 46 single family at- tached and 38 single family de- tached dwelling units. West of Pepper Drive and south of the K -Mart area. Approximately 19.4 acres. Agriculture and RIB North - undeveloped and C2 South - agriculture and R1A East - single family and RIB West - agriculture and RIA Area is designated for 2-8 dwelling units per acre. The initial request for rezoning of the Pepperwood area was sub- mitted by Midwest Development Company on 9/30/76 for a zoning change from RIA to RIB. Because of the sewage capacity restraints in the southside trunk sewer, the rezoning was held up until the preliminary plat of Pepperwood could be submitted and approved. During the interim, Midwest Development with- drew as the developer and Southgate Development Company undertook the Pepperwood project. The Planning and Zoning Commission and the City Council approved a preliminary plat of Pepperwood which proposed a development at RIA density and the request to rezone to RIB on 8/9/77. MICROFILMED BY ' JORM MICROLAB CEDAR RAPIDS -DES MOIREs 872 2 Applicable regulations: Subdivision requirements of Chapter 32 of the Municipal Code and provisions of the Tree Reg- ulations, Planned Area Development and Stormwater Management ordin- ances. 45 -day limitation period: 4/28/79 60 -day limitation period: 5/13/79 SPECIAL INFORMATION Public utilities: Adequate water service is avail- able. The southside trunk sewer has capacity during dry weather but surcharges in wet weather. Public services: Sanitation service and police and fire protection are available. Transportation: Vehicular access is from Sandusky Drive and Keokuk Street. Physical characteristics: The topography is gentle to rolling with maximum slopes of 5%. ANALYSIS Capacity of the southside trunk sewer has been a primary concern of both the Planning and Zoning Commission and the City Council in their review of develop- ment proposals in this area. At the time of the initial rezoning request (R1A to i RIB) the Engineering Division investigated the trunk sewer's capacity and found a surcharging condition during wet weather. Because the subdivision was proposed at RIA density, both the Commission and the Council approved the pre- liminary plat and the request to rezone to RIB conjunctively. f The applicant has now submitted a Planned Area Development plan and a revised preliminary plat of Pepperwood Parts 3 through 7 with the intention of developing said parts with single family attached and detached housing. This proposal increases the overall density of the development from the 61 dwelling units per acre approved on the preliminary plat dated 8/9/77 to 84 dwelling units per acre. At the Planning staff's request, the Engineering Division again !j evaluated the southside trunk sewer's capacity and have replied in a memo attached hereto. According to the memo, the Engineering Division finds the I increase in density as requested in the subject proposal to be acceptable assuming the undeveloped areas served by the sanitary sewer would not be developed for more intense uses than presently permitted by zoning. I The extension of Keokuk Street and the regrading of an existing drainage ditch are necessary public improvements to be included with this addition. The pre- liminary plat, therefore, should be revised to include Keokuk Street to where it presently terminates and additional notes should be added indicating the type of improvements to be made to the existing drainage ditch located along the northern boundary of Pepperwood. MICROFILMED BY JORM MICROLAB cin AR RAPIDS•DES 14011I[S 3 The staff finds the plan layout to be very good. Attached and detached single family uses are being integrated without opposing these uses across their front yards. RECOMMENDATION The staff recommends that action on the preliminary PAD and plat be deferred. Upon revision of the PAD plan and plat incorporating the deficiencies and discrepancies listed below, the staff recommends the PAD plan and plat be approved. DEFICIENCIES AND DISCREPANCIES 1. A signature block for the City Clerk's signature should be provided on each page of the proposed plan. 2. Keokuk Street should be included as part of the plat. 3. All lots should be fully dimensioned. 4. The boundary of the subdivision should be fully dimensioned. 5. A note should be added that no structure will be allowed within the storm - water storage areas. 6. The boundary of the subdivision should be revised to include the inter- section of Sandusky and Keokuk as shown on the approved preliminary plat. 7. A note should be added indicating that no structures would be allowed within the 58 foot overland flowage channel west of Keokuk Street. 8. The location of the proposed overflow channel west of Keokuk should be shown. 9• The title of the plan should read "Preliminary PAD Plan and Revised Pre- liminary Plat of Pepperwood Parts 3-7". 10. Distances between proposed buildings on the subject plan and buildings on lots located adjacent to the plan should be shown. ATTACHMENTS I. Location map. 2. Memo from the Engineering Division. ACCOMPANIMENTS Preliminary PAD plan and plat. Approved by / nn s ra t, rector Dept. of Planning &Program Development MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES I LOCATIC)N MAP Sch. LE 1 rra 1000' N i S-7906 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES IdORIES City of Iowa City MEMORANDUM DATE: April 2, 1979 TO: Doug Boothroy, Assistant Planner /l FROM: Charles Schmadeke, Assistant City Engineer RE: Pepperwood, Parts 3-7 P.A.D. The Engineering Division has received additional information on the south side trunk sewer since our initial investigation in November of 1977. This information pertains to the surcharged condition only i and is not firm data as to the causes. A surcharged condition; it appears, will not occur with storms of a 5 year intensity or less. However with more intense storms, surcharging does occur and its causes are one or more of the following: (1) infiltration; (2) back up from overloading at the treatment plant; 3) the Pine Street lift station pumping sewage into the south side trunk sewer from the Rundell Street trunk sewer during overloading in the Rundell Street trunk because of infiltration. The amount of surcharge is also unknown at this time. The three causes of surcharging the south side trunk sewer will be eliminated when the new treatment plant is constructed and the Rundell Street trunk sewer is renovated. The Engineering Division will continue to recommend against rezoning to a higher density within the service area of the south side trunk sewer because of the unknown conditions, however the proposed P.A.D. has less density than the RIB zone in which it is located so the Engineering Division is not opposed to this development. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES N STAFF REPORT To: Planning & Zoning Commission Prepared by: Dan Johnson Item: 5-7911. Preliminary and Final Date: April 10, 1979 LSNRD Plan (No. 2) of Procter & Gamble. GENERAL INFORMATION Applicant: Procter & Gamble Manufacturing Co. Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Applicable regulations: 45 -day limitation period: SPECIAL INFORMATION Public utilities: Public services: Transportation: 2200 Lower Muscatine Road Iowa City, Iowa 52240 Approval of a preliminary and final Large Scale Non -Residential Development Plan (No. 2). Site modifications for storage and restroom additions. 2200 Lower Muscatine Road 71.69 acres Manufacturing and M1 North - Junior high school, single family and RIB South - Residential and RIB East - Manufacturing and M1 West - Commercial and M1 Storm Water Management Ordinance and provisions of Chapter 27 (LSNRD) of the Municipal Code. 5/16/79 Adequate sewer and water are available. Sanitation service is available as well as police and fire protection. Vehicular access via Lower Muscatine Road. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 14011jES $72 ?W- 0 2 Physical characteristics: Topography is gently to moderately sloping (2-9%). ANALYSIS The Procter & Gamble manufacturing company is proposing additions and improvements to its existing plan which includes a raw materials storage building, a solvent storage, a visitor restroom and a "MCC" building. These additions and improvements are to be accomplished within the boundaries of the previously approved Procter & Gamble LSNRD (designated LSNRD no. 1). The j preliminary and final plans which we are now reviewing (designated LSNRD no. 2) when combined with documents submitted with LSNRD no. 1 are in substantial compliance with the LSNRD provisions of Chapter 27, article 3, division II of the Municipal Code. The Engineering Division staff indicates that existing storm water detention facilities do not need to be expanded to accomodate the proposed improvements. RECOMMENDATIONS It is the staff's recommendation that action on the preliminary and final LSRD No. 2 plans be deferred. Upon revision of the plan incorporating the deficiencies and discrepancies listed below, the staff recommends the plan be approved. DEFICIENCIES AND DISCREPANCIES 1. A note should be added describing the general use of the proposed "MCC" building. ATTACHMENTS 1. Location map. 2. Letter of intent dated April 2, 1979. ACCOMPANIMENTS Preliminary and final Large Scale Non-4-A4#ntial Development Plans. Approved by +r J Dennis R. (raf Director Departmen of Planning and Program evelopment MICROFILMED BY JORM MICROLAB CEDAR RAPT DS- DES 1101RE5 LOCATION MAA Q N 5-7911 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES �7teo; edy )21.9t . 00V Zt/147 THE PROCTER & GAMBLE MANUFACTURING COMPANY s . IOWA CIN PLANT 7100 SOW[t MUSCATIN[ ROAD IOWA CI1Y. IOWA 37710 April 2, 1979 I City of Iowa City Civic Center 410 East Washington Street II Iowa City, Iowa 52240 Re: Large Scale Non-Residential Development No. 2 NOR ; 1979 Procter and Gamble Manufacturing Company ABBIE STOLFUS, CM(` Iowa city, Iowa CITY CLERK (3) Attention: Mr. Neal Berlin, City Manager i As required by Iowa City ordinances, this letter is to serve as a statement of intent of the Large Scale Non-Residential Development No. 2 for the Procter and Gamble Manufacturing Company, Iowa City Plant. OWNERSHIP In continuing expansion of facilities, the Procter and Gamble Manufacturing Company, proposes construction on its Iowa City site. DESCRIPTION OF PROPOSED DEVELOPMENT Development includes the construction of the following: 1. MCC building 2. Raw material storage building 3. Solvent storage building 4. Visitor restroom facilities addition The proposed layout is shown on the Large Scale Non -Residential Develop- ment No. 2 prepared by Shive-Hattery 6 Associates. INTENDED TIME SCHEDULE FOR COMPLETION OF THE DEVELOPMENT Construction is scheduled to begin upon approval of the Large Scale Non -Residential Development plan with completion in the fall of 1979. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110IIIES City of Iowa city April 2, 1979 Page TWO CERTIFICATE OF IMPROVEMENTS The Procter and Gamble Manufacturing Company, Iowa C t ity ant i in agreement with improvements shown on the Shive-Hattery &PlAssociates' drawing for the Large Scale Non -Residential Development No. 2 and intends to install the same. FUNCTION The proposed buildings will serve as facilities for materials storage for use at the Procter and Gamble Manufacturing Company Plant. The proposed addition to the main lobby will serve as visitor restroom facilities. Respectfully submitted, V N. P. Klein Project Manager Procter & Gamble Mfg. Company F.. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111ES 'City of Iowa C1 j MEMORANDUM Date: April 27, 1979 To: Honorable Mayor and City Council From: Angela Ryan, Assistant City Attorney ati Re: Ralston Creek Village Facts On March 15, 1979, the Board of Adjustment considered a request by the owners of Ralston Creek Village for a special use permit pursuant to Section 8.11.02.1203 to permit parking within 32.8 feet from Ralston Creek in Flooding Overlay Zone. Questions Presented 1. Was the Board authorized in granting the special use permit to Ralston Creek Village? 2. Will the City be liable for property damage resulting from the issuance of the permit? Conclusions 1. Since evidence was presented by the applicant in support of the issuance of the permit and since the Board is expressly authorized to issue special use permits within the Floodway Overlay Zone, the trial court may not substitute its judgment for that of the Board. 2. A city is not liable for failure to assure that a building project would not injure its neighbors before issuing a permit for construction. Discussion Section 8.11.02.120 of the Code of Ordinances states: The following uses may be permitted within a Floodway Overlay Zone upon approval of a Special Use Permit: (3) Parking, loading areas and other similar uses when located less than 32.8 feet from the stream bank. Section 8.11.02.13E lists the factors which the Board must consider in determining whether to grant a special use permit: 1. The probability that materials may be swept onto other lands or downstream to the injury of others. 2. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES raouus 3 rte, 2 The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage to the individual owner. 4. The availability of alternative locations not subject to flooding for the proposed use. 5. The safety of access to the property in times of flood for ordinary emergency vehicles. 6. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site. The Board discussed these factors and considered primarily the possibility that vehicles might be swept downstream. Board members pointed out that parking is expressly provided for as a special exception and therefore it must have been the intent of the Council to allow this use under some circumstances. The Board considered the standards set forth in Section 8.11.02.13B1 and made a finding that the proposed parking did not involve a structure which would reduce the water storage area or impede the stream flow, nor would it raise the grade. The Board imposed conditions to reduce the risk of flood damage: signs in the parking area, notice in the lease and a warning system in the apartment building. Section 414.15 of the Code of Iowa pr^vides that any person may appeal a decision of the Board of Adjustment within 30 days by a petition setting forth that its decision is illegal, in whole or in part, specifying the grounds of the illegality. In appeals of decisions of the Board of Adjustment, it has been held that a trial judge could not substitute his judgment for that of the board in the absence of arbitrary, unreasonable or capricious action by the board, nor could the Supreme Court substitute its judgment for that of the trial judge if his determination rested on substantial evidence. The court also stated that there is a presumption of regularity in the official acts of public officers, and, in the absence of clear evidence to the contrary, courts presume that they have discharged their duties. The board is presumed to have found the existence of such facts as were necessary to sustain its action. Had defendants presented no evidence, the court's decision would have been otherwise. Johnson v. Board of Adjustment, 239 NW 2d 873, 887 (Iowa, 1976). A review of Johnson and the cases cited therein indicate that the court is reluctant to substitute its judgment for that of the Board. It must be shown that the Board exceeded its authority or otherwise acted illegally. Since the applicant, Ralston Creek Village, submitted evidence in support of the special use permit, the City would have a difficult burden to show that the Board acted illegally. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MORTES 3 1. With regard to the potential liability of the City as a result of the issuance of the special use permit, the holding in Miller y Cof Brentwood, 548 SW 2d 878 (Tenn 1977), would seem applicable. In Miller, property owners in the lower part of a subdivision sought to enjoin the City from authorizing or issuing any further building Permits for projects which would increase the storm water drainage flowing past or through their lots. Their principle argument was that the City was legally responsible for the flooding nuisance caused by the collective adverse impacts of projects which it approved. The court noted that no authority was cited to support this argument and stated that none was found by independent research. "In spite of the recent propensity of some courts to undertake to supervise and direct the activities of other branches of govern ,hent, none has yet been so bold as to hold a local government liable for failureto assure that a building project would not injure its neighbors before issuing a permit for construction. To initiate such a rule would make it necessary in for every municipality to require indemnity bonds from builders its for an constructs stic n. In short, thebeforeamounts city would hereby thereby constituted the liability insurers upon each building constructed by permission of the city. Id, 882. I bj4/11-13 I I FIICRDFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES a� NOTICE OF PUBLIC HEARING ON PLANS SPEC IIICA] IDNS, FORM OF C014IRACT AND ESTIMATED COST FOR THE SERVICE BUILDING j SANITARY SEWER EXTENSION 1979 IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER PERSONS INTERESTED: i Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifications, form of contract and estimated cost for the construction of The Ig rvice_Building_$p1j_taly Sewer Extension, 1979_____________ _ in said City at 7:30 o'clock p.m . on the 1st day of May , 19 79, said meeting to,be held in the Council Chambers in the Civic Center in said City. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the Civic Center in Iowa City, Iowa, and may be inspected by any persons interested. Any persons interested may appear at said meeting of the City Council for the purpose of making objections to said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Council of the City of Iowa City, Iowa. Abbie S�_ City Clerk of Iowa City, Iowa PH -1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 7-Sv City of Iowa Cit -1 MEMORANDUM Date: April 26, 1979 To: Neal Berlin and City Council From: Dick Plastino, Director of Public Works Re: Equipment Service Building Complex Impro e t Projects Over the next several months and several years the City Council will be considering many different sets of plans and specifications for improve- ments to the service building. In order that Council feels comfortable about these projects I did want to give an overview of the entire project. A few years ago we made a decision not to bond three to four million dollars for a new complex. Instead, we chose to improve our present facility in small incremental pieces. This approach makes it necessary that we let many different contracts. This summer the Council will be approving plans and specifications for the following projects: 1. Sanitary sewer service line to pump station $25,000 Truck wash facility $55.000 Renovation of modular units $62,500 Sanitary Sewer Service Line. The sanitary sewer on Riverside Drive is very shallow and we are not able to serve the interior of the service building complex by hooking onto to this line. It is necessary togo to the pump station that lies south of the service building on Riverside Drive. This sanitary sewer line will serve the 12,000 square foot addition now being built, the new truck wash, and the .future transit facility. Truck Wash Facility. The City presently has no facilities to wash any vehicle larger than a automobile and pickup truck. The City is incurring high depreciation costs due to salt corrosion on all sheet metal and all operating equipment including salt spreaders, hydraulic components, frames, body panels, chains, hydraulic mechan- isms, etc. Renovation of Modular Units. This will complete the modular units that were transferred from Clinton Street. After we are completely done with the modulars we will have the equivalent of a 40 -year building at a cost of from $20 to $25 per square foot. This is very reasonable. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES M_ 3 2 2. Summer of 1980. Fuel island facility Vehicle storage buildings Locker room remodeling and Traffic Engineering remodeling Machine room and equipment offices $40,000 $50,000 $40,000 $70,000 Fuel Island Facility. The gas and diesel pumps are scattered all over the service building yard and the gas pump is located in one of the most congested parts of the yard. The new fuel island facility will serve both Transit and the rest of the equipment fleet. It will be located in a position so that vehicles will be able to move into the fuel island area without blocking traffic in the rest of the service complex. We will put in larger storage tanks and the fuel island will be covered. Vehicle Storage Buildings. At the present time the City has no covered storage. We have rented the 4-H grounds building the last few years but this is very uneconomical. We lose time moving back and forth from the 4-H grounds and our heating bills have been running approximately $500 per month during winter weather. All of our salt spreaders and garbage trucks as well as most of the City's equipment operates with hydraulic equipment. Hydraulic equipment does not work well on winter mornings when the temperature is from zero to 30 degrees below zero. order toTodeligg. In provide a cons_ lI dated locationefornthe erigm eEquipment Division parts room, bus repair area, and general repair area, Traffic Engineering will move into another area of the service building. construcwe tion ofutheU12m000 squaresfoothis repairmre area. er aThe fpresentg undersized engine rebuild and transmission rebuild area will stay where it is temporarily but these funds will allow us to have a full sized and fully equipped machine room for Transit engine rebuilds, transmission rebuilds, brake turning, etc. I Summer of 1981. Salt stockpile cover Landscaping and fencing Salt Stockpile Cover. This will allow us to cover our exposed stockpile. At the present cent of ttime we are loosing three to four per - he stockpile through leaching, most of this leaching goes straight into the Iowa River. ..a��eNina ang rencinq. These are the final amenities to finish off the service building complex and provide security. We will be doing some planting with this summer's project around the outside of the facility abutting Highway 6 and Riverside Drive. Additional funds will complete interior landscaping. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIeCS 3 I suspect that the employees at the service building complex, the City staff, and perhaps even the City Council are frustrated with the seem- ingly slow progress of the equipment service building construction. To put things in perspective it may help to remember that not one single thing was done to the service building complex from the time it was built in 1957 until about 1976. We are taking the lowest cost approach to renovate a 20 year old facility that received no periodic maintenance during the life of the facility. City. Council is doing the right thing from the viewpoint of the tax- payers and the viewpoint of the City staff and employees. Facilities are being constructed which will allow us to provide services to citi- zens under reasonable working conditions. We have not bonded a three to four million dollar structure; instead we will provide a facility for a total cost of approximately $800,000. The only deficiency is the long time span necessary to accomplish this in a piecemeal fashion. cc: Dave Daley jm3/24 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MO1nES RESOLUTION NO. 79-182 i RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF SERVICF nllllniNG SANITARY SEWER EXTENSION, 1979 ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 11.6on.nn payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bide for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:00 a.m. on the 23rd day of May 1979. Thereafter, the bide will be opened by the City Engineer , and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bide at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 29th day of May , 19Z2. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101REs Rncolvnd & llpprovod By Thu Legal Department $76 Page 2 Resolution No. 99.182 It was moved by Balmer and seconded by Erdahl that the Resolution as rea e a opte , and upon roll ca t ere were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 1st day ofMay , 1979. f MAYOR ATTEST.- L)LFUIY C7ITY CLERK MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES RESOLUTION No. 79-183 C'- RESOLUTION APPROVING THE PRELIMINARY DESIGN PLANS FOR REDEVELOPMENT ON URBAN RENEWAL PARCEL(S) 82-1b WHEREAS, the City Council of the City of Iowa City, Iowa, has solicited Offers to Purchase and Redevelop Urban Renewal parcels; and, WHEREAS, the City Council has, under the terms of the land disposition agree- ment, reserved.the right to approve preliminary design plans of all redevelopment to occur on Urban Renewal parcels; and, WHEREAS, North Bay Construction, Inc. has submitted preliminary design plans for the redevelopment of Parcel(s) 82-1b in the Iowa City Urban Renewal, Project; and,. WHEREAS, said preliminary design plans have been reviewed by.the City staff and the,Design Review Committee; and, WHEREAS, recommendation from the staff and the Design Review Committee have been received by the City Council, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,. that the preliminary design plans submitted by North Bay Construction, Inc. for the redevelopment of Parcel(s)are hereby approved, subject to the conditions .and reservations set ,forth in Attachment.A to this Resolution, which.attachment is by this reference hereby incorporated herein; and, BE IT FURTHER RESOLVED that upon thisapproval, necessary permits may be issued for this development, upoa,full compliance with all applicable codes and ordinances. It was moved by Perret and seconded by Balmer - that the Resolution as read be adopted and upon roll call there.were: .AYES: NAYS: ABSENT: x Balmer x , deprosse x_. . Erdahl t y Neuhauser x_ , Ferret x_ Roberts Vevera. Passed and approved this 1st day of May 1979. •' :. S%' S`(/L�+' �!/-Fid-E�r?i• Mayor ATTEST: ytC,Qj Q '�h4, C ty Clerk�— nCLIVED 6 APPROVO BY SHE LEGAL .P. F.:.'. TY.`N7 377 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES M0T;.ES j ATTACHMENT A TO RESOLUTION N0. 79-183 j The approval of the preliminarydesign gn plans for the redevelopment of Parcel (s) 82 -Ib Isubmitted by North Bay Construction Inc as set forth in Resolution No. 79-183 dated May 1 19 7a is hereby made'subject to the following conditions or reservations. zi MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES Ir j 4 ; zi MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES Ir "`1 City of Iowa Cir" *MEMORANDUM DATE: April 26, 1979 TO: City Council FROM: Paul Glaves, Development Coordinator Ffh RE: North Bay Construction, Inc. 1. Two resolutions relating to Urban Renewal Parcel 82-1b, to be developed by North Bay Construction, Inc., are included on the agenda for the Council meeting of May 1. The two resolutions are: (a) A Resolution Authorizing and Directing the City Clerk to Publish Notice of Intent to Accept a Proposal to Purchase and Redevelop Certain Urban Renewal Property, and (b) A Resolution Approving the Preliminary Design Plans for Redevelopment on Urban Renewal Parcel 82-1b. Several weeks ago, the Council deferred action on the Resolution to Publish Notice of Intent to Accept a Proposal because of unresolved design review questions. Mr. Bailey, the redeveloper of Parcel 82-1b, has on several occasions presented preliminary design plans for. consideration by the Design Review Committee. The Design Review Committee again reviewed revised preliminary design plans for this development at their meeting of April 25. At that meeting, the Design Review Committee unanimously approved the preliminary design plans for this parcel. The minutes of the April 25 Design Review Committee meeting are included in .the agenda materials Council session hl Monday afternoon, Aprila30eytolshow ethe epreliminary designplansand artist rendering to the City Council during the Council discussion of agenda items. The staff recommends adoption of the Resolution Approving the Preliminary Design Plans for Redevelopment on Urban Renewal Parcel 82-1b. 2. The other resolution, Authorizing and Directing the City Clerk to Publish Notice Of Intent to Accept a Proposal to Purchase and Redevelop Certain Urban Renewal Property, authorizes the City Clerk to publish notice of the Cit intent to enter into a redevelopment contract with North Bay Construction, Inc. As the notice attached to the resolution states, the contract, the redeveloper's statement for public disclosure, and the' Construction, full proposal received from North Bay Inc. in 1977 will be on file for public inspection in the Office of the City Clerk until June S. 1979. On that date I will schedule Council consideration of a Resolution Authorizing the Mayor and City Clerk to Execute the Contract for Sale of Land for Private Development with North Bay Construction, Inc. North Bay Construction hopes to begin construction of this development this fall. The contract, however, would not require a 'construction start until spring of next year. The staff recommends adoption of the Resolution Authorizing and Directing the City Clerk to Publish Notice of Intent to Accept a Proposal to Purchase and Redevelop Certain Urban Renewal Property. 3. I will be glad to discuss either of these matters with the City Council at the informal session on April 30. PRG/ssw MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES !'-SOLUTION N0. 79-184 RESOLUTION AU171ORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE/ OF IN TO.ACCEPT A PROPOSAL TO PURCHASE AND REDEVELOP CERTAIN URBAN RENEh'AL PROPERTY 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, 1 h'HEREAS, the City of Iowa City, Iowa, has undertaken pursuant to said contract an Urban Renewal Project known as the City -University Project I, Project Number i 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 Part 570,'Section 570.801(c), oCity, Iowa, has pursuant to the provisions of Title 24, f the Code of Federal Regulations, transferred control real from the CitysCouncilaactingwas Projct Resolution Number 76-446, dated December 14, 1976, and by Resolution Number 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 for 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; 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, that the City- Clerk ityClerk is hereby authorized and directed.to publish Notice of Intent to Accept Proposal to Purchaseand Redevelop attached hCertain Urban Renewal Property, a copy of which notice is ereto and incorporated herein. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to place on file and maintain for public inspection the Resolution, Agreement, and Proposal referenced in said notice. The Resolution and Agreement referenced in said notice are attached hereto and hereby incorporated herein. . It was moved by Balmer that the Resolutionas read'y e be adopted and upon nroll ded bcall thererwos ere AYES:' NAYS: ABSENT: —x Balmer —� deProsse — Erdahl x Neuhauser XPerrot x Roberts Vevera Passed, and approved this lst day of May 1979. Mayor ATTEST:• •n -�( ity lore �— RL•CEIITD & AY TIM LLGAL :iI MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES NOTICE OF SALE OF LAND Notice is hereby given that the City of Iowa City, Iowa, acting pursuant to Chapter 403 of the 1977 Code of Iowa, undertaking an Urban Renewal Project (said project bounded by Washington Street on the North, Linn Street on the East, Court Street on the South, and an irregular boundary including the Iowa River, Front Street, and Capitol Street on the I -lest, all in Iowa City, Iowa) intends to accept a proposal and enter into a contract for sale of land for private redevelopment for the following described real property in said Urban Renewal Area with the redeveloper identified below: Parcel Number Redeveloper 82-1b North Bay Construction, Inc. A copy of the proposal submitted, the Redeveloper's Statement for Public Disclosure which sets forth the name of the redeveloper; the names of its officers, principal members, and other parties having an interest of ten percent or more; and a copy of the te Redevelopment ohave crSale of d been filed in theOfficerofathe City Clerk, 410 East Washington Street, Iowa City, Iowa. Said documents are available for public examination from 8:00 a.m, until 5:00 p.m. Monday through Friday. Persons wishing to review the agreement prior to the execution thereof and conveyance of a deed to the above described redeveloper may do so until June 5, 1979. Thereafter the City Council of Iowa City, Iowa, will consider execution of the proposed agreement. Dated this 2nd day of may, 1979. i ABBIE STOLFUS City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES M0111ES i i 0 RESOLUTION NO. RESOLUTION AUTHORIZING THE SALE OF URBAN RENEWAL PROPERTY 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 1, Project Number 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 j 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 f Resolution Number 76-446, dated December 14, 1976, and by Resolution Number 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 Lind for 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, the City Council of the City of Iowa Cit disposition Parcel 82-16 to Y'is now desirous of selling North Ba Construction Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY ;'10{yA, that f pursuant to the authority granted by Section 403 of the 1977 Code o£ Iowa and Section 570.Sol (c) of Part 570, Title 24, Code of Federal Regulations, the Mayor and City Clerk are hereby authorized and directed to execute, on behalf of the City i of Iowa City, a contract for Sale of Land for Private Redevelopment by and between North Bay Construction, Inc, and the City of Iowa City, Iowa, a e ntract is attache copy of which coereto and i incorporated herein, suchland to bsold to : .�nrth RaV f nncfr� t' r particularly described in said contract. Uponoexecution ofParce2the contract y the as more City and North Ba o the City Manager is authorized and directed to prepare a ced for sai property and deliver the decd to North Da Construction Inc, , upon'receipt of payment for said property, It was moved by that the Resolution as read be adopted and upon roll calland there MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110114Es AYES: NAYS: ABSENT: Balmer deProsse Eidahl Neuhauser ' Perret Roberts Vevera i Passed and approved this day of __ Mayor 1979. RECEIVED & APPpm pR BY TQ: jXrA ?Nili7 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140114ES . .......... I i t i I I I I I I 1 I i f 'I i ll, Part I of CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between NORTH BAY CONSTRUCTION, INC. and The City of Iowa City, Iowa MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOUIES CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT AGREEMENT, consisting of this Part 1 and Part I1 annexed hereto and made a part hereof (which Part I and Part II are together hereinafter called "Agreement"), made on or as of the 19 by and between a public the City of Iowa day of City, Iowa, body corporate (which, together with any successor public body or officer hereafter designated by or pursuant to law, is hereinafter called the "City"), established pursuant to the statutes of the State of Iowa pertaining to Municipalities, Cities, Towns, and particularly Chapter 403 of the Code of Iowa as amended (hereinafter called "Urban Renewal Act") and having its office at the Civic Center in the City of Iowa City, State of Iowa, and North Bay Construction, Inc, corporation organized and existing under the laws of the State of a Iowa (hereinafter called "Redeveloper") and having an office forte transaction of business at 919 Talwrn Court in the City of Iowa Cit State of Iowa ---Y County of Johnson and WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the clearance and reconstruction or rehabilitation of slum and blighted areas in the City, and in this connection is engaged in carrying out an urban renewal project (herein- after called "Project") in an area (hereinafter called the "Project Area") located in the City; and WHEREAS, as of the date of this Agreement there has been prepared and approved by the City an urban renewal plan for the Project, con- sisting of ("The Urban Renewal Plan, dated September 3, 1969, by Resolu- tion No. 2157, as amended from time to time and as it may hereafter be further amended pursuant to law, and as so constituted, is unless other- wise indicated by the context, hereinafter called "Urban Renewal Plan"), and I WHEREAS, date oftheAgreement ohUrban as hasbeenrecordedaamongnthe land trecords ofor hthe place in which the Project Area is situated, namely, in the Office of i the Johnson County Recorder in Book 490 at page 408, and has been filed in the Office of the Clerk of the City located at the Civic Center in the City; and WHEREAS, in order to enable the Gity to achieve the objectives of the Urban Renewal Plan and particularly to make the land in the Project Area available for redevelopment by private enterprise for redevelopment in accordance with the Urban Renewal Plan, both the Federal Government and the City have undertaken to provide and have provided substantial aid and assistance through a Contract for Loan and Capital Grant dated September 2, 1970, in the case of the Federal Government; and WHEREAS, pursuant to Chapter 403, Code of Iowa as amended, the City has offered to sell and the Redeveloper is willing to purchase certain real property located in the Project Area and more particularly described MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES so described is in Schedule A annexed hereto and made it Part hereof (which property as Property for andltincinafter accordancelwitlh'thuhuses'speclFicJrinethooUrthe Renewal Plan and in accordance with the Agreement; and WHEREAS, the City bel,and that the redevelopment of the Property ment, are in the vital pursuant to the Agreementnt, :1nJ the 1'ulfillmont generally of the Agree - and best interests of the City and the heathe e applicable Federal, Stateand andlth, safety, morals, and welfare of its residents, public purposes and provisions of the and in accord with local laws and requirementsunder which the Project has been undertaken; WHEREAS, the City has acquired title to certain property described in Schedule A hereof: NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: SECTION 1. SALE: PURCHASE PRICE Subject to all the terms, covenants, and conditions of the Agree- ment, the City will sell the property described in Schedule A hereof to the Redeveloper for, and the Redeveloper will purchase the property from the City and pay therefore, the amounts set forth in Schedule B hereof, subject to the terms and conditions of I Section 2 of this Agreement. The amounts set forth in Schedule B, hereinafter called "Purchase Price," are to be paid in cash or by certified check simultaneously with the delivery of the deeds I conveying the property to the Redeveloper, i SECTION 2, CONVEYANCE OF PROPERTY (a) Form of Deed, The City shall convey to the Redeveloper title to t e property by Special Warranty Deed (hereinafter called "Deed"). Such conveyance and title shall, in addition to the condition subsequently provided for in Section 704, Part I1, hereof, and to all other conditions, covenants, and restric- tions set forth or referred to elsewhere in the Agreement, be subject to: (1) Such easements as it shall have been necessary, pursuant to the Urban Renewal Plan, for the City to reserve, for itself or for future dedication or grant, for sewers, drains, water and gas distribution lines, electric, telephone, and telegraph installations, rights-of-way and access, or as described or referred to in "Schedule A,Of description of property, attached hereto and referenced as a part hereof; (2) All conditions, covenants and restrictions contained in said Urban Renewal Plan and Part I and II of this Contract. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110HIES (b) Time and Place for Uelivor of heeds. The City shall deliver t e Uec ane possession of upon Payment of the nlrclllg(.l r�lich1ntfull the Redeveloper called For in this Al I upon such dates as principal urfice of thec('ilE E.nnvoyance shall be such con and y Imcl the "OdevOlo made cc the Pur chase rice in fully for eacho the E�ty at such tPme and 1place °the P Parcel delivered. (c) Recordation of Deeds. Deeds for recordation amoln Rthe vland erecords Promptly Iowa, The Redeveloper shall of Johnson 1County, stamps the State documentar pay all costs stamps St wh. ch the y stamp tax on the Deeds, for the cost the Redeveloper), amount shall be affixed to the Deeds by P ), for so recording said Deed. (d) Delivery of the Abstract. veloper in advance of the The City will furnish to the Rede - of title showingclosing on each parcel, an abstract Cit a and marketable title in the Cit y of 1 encumbrancesfexceatdaslear of all taxes, assessments orotherI en title shall bap hereinbefore specified, qualified abstracting City expense and will be certifiedabstracts closest practical dae company to the close of business as the prior veyance. The cost of obtaining the date of the deed of con_ the abstracts for title o g an attorneys examination of title insurance, if requiredion and/or the cost of Redeveloper. , shall be at the obtaining expense of the (e)Delivery of Propert described in Schedule A7he hereofyatlll thedtimegsethforth C hereof. Property I in Sc of such The Redeveloper for to pay for and accept title Property as called for in this Agreement and begin development promptly on the property conveyed within the time called for in this Agreement, agrees to to pay for and accept deliver Failure by the Redeveloper called for herein will rliveesulyinffthe urban ure renewal land as posted with the City by the Redeveloper attributableof the such Property, without limitingPosits against the Redeveloper the City as to other remedies I deliver the p In the event the City is unable to veloper, thepRedeve Redevallcd eloper for in Schedule C to tha Rede - the develo have the option of rescindin j cousin a written°notice tolbeas to serveduch uponathelCitn defaultgby exercise of such o tion. notice, the Cit P Pon receipt by the City of thY of is by tendering a shall have sixty (60) days to cure the default velo er. f the property covered in the notice to the Rede - able to cure the default within the o (ion days as provided herein, the Redeveloper shall, at its option, stand relieved of its Obligation to accept the parcel or Parcels of and the City shall, in such event, promptly refund that portion Of the Redeveloper's deposit attributable to such parcels to the Redevelo er understood and agreed that the Cit P direct or indirect P it is expressly to the y shall have no other liability, Redevoloper on account of delay or MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES rloluEs inability to deliver land to the Redeveloper as called for in this Agreement and the Redeveloper's remedy in the event of default by the City in delivery of urban renewal land is hereby specifically limited to rescinding the contract as to such land as provided in this paragraph. (f) Default by Redeveloper. !n the event the Redeveloper fails to iv accept delery of and pay for one or more parcels of property, as called for in this Agreement, the City may, at its option, call the entire Agreement, or the Agreement as it applies to any part of the property, in default, serve a proper notice of forfeiture upon the Redeveloper and terminate this Agreement in its entirety except that forfeiture of this Agreement shall not relieve the Redeveloper of the obligations imposed by this Agreement as to property already delivered to the Redeveloper. SECTION 3. GOOD FAITH DEPOSIT (a) Amount. The Redeveloper has, prior to or simultaneously with the execution of the Agreement by the City, delivered to the City a good faith deposit or a surety bond in the penal amount of five thousand ($5,000) Dollars, (ten percent (10%) of the purchase price), in which the City is the obligee, issued by N/A a surety company regularly engaged in the issuance of such under takings and on the list of surety companies approved by the United States Treasury for at least such amount, or case, or a certified check satisfactory to the City in the amount of five thousand ($5,000) Dollars, herein- after called "Deposit," as security for the performance of the obligations of the Redeveloper to be performed prior to the return of the Deposit to the Redeveloper, or its retention by the City as liquidated damages, or its application on account of the Purchase Price, as the case may be, in accordance with the Agreement. The Deposit, if cash or certified check, shall be deposited in an account of the City in a bank or trust company selected by it. (b) Interest. The City shall be under no obligation to pay or earn interest on the Deposit, but if interest is payable thereon such interest when received by the City shall be promptly paid to the Redeveloper. (c) Retention by City. Upon termination of the Agreement as provided in Sections 703 and 704 of Part 11 hereof, the Deposit or the proceeds of the Deposit, if not theretofore returned to the Redeveloper pursuant to Paragraph (d) of this Section, including all interest payable to such Deposit or the proceeds thereof after such termination, shall be retained by the City Agency as provided in Sections 703 and 704 of Part II hereof. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIES (d) Return to Rodoveloper. Upon termination of the Agreement as prov4 a in3�li Section 702 of Part 11 hereof, the Deposit shall be returned to the Redeveloper by the City as provided in Section 702 of Part 11 hereof. SECTION 4. TIME 1:011 COMMENCEMENT AND COMPLETION OF IMPROVEMENTS The construction of the Improvements called for in this Agreement shall be commenced and completed in accordance with Schedule D hereof (to be submitted by Developer with his proposal). Provided, that if a mortgage securing money loaned to finance the Improve- ments, or any part thereof, is insured by the Secretary of Housing and Urban Development, then the aforesaid completion time shall not apply, but instead the construction of the Improvements, or any part thereof, shall be completed within the time specified in the applicable Building Loan Agreement approved by the Secretary of Housing and Urban Development. SECTION S. TIME FOR CERTAIN OTHER ACTIONS (a) Time for Submission of Preliminar Design Plans. The Rede- veloper shall su mit Preliminary Design Plans as called for in Section 301 of Part II of this Agreement as soon as possible. after-the-time-for-senvoyanss-set-forth-in_Srhedule_C_hexeof, and-shabl-subR�it-sash-pleas-ia-as-sysat-latot_than---_----_--------------- - (b) Time for Submission of Construction Plans. The Redeveloper shall submit construction plans as called for in Section 301 of Part lI of this Agreement as soon as possible after approval of the Preliminary Design Plans by the City Council, and in no event, later than sixty (60) days prior to the time for start of construction called for in Schedule D hereof. (c) Time for Submission of Corrected Plans. In the event that Preliminary Design Plans or Construction Plans are rejected by the City, as set forth in Section 301 of Part II of this Agreement. The Redeveloper shall submit corrected plans within thirty (30) days of said rejection. (d) If any hardship shall exist in complying with the foregoing provisions of this Section, the Redeveloper may petition to the City in writing for an extension of time for performance of any part of this Section, setting forth in detail the reasons for needing such extension. SECTION 6. PERIOD OF DURATION OF COVENTANT ON USE The covenants pertaining to the use of the Property, set forth in Paragraph (a) of Section 401 of Part II hereof, shall remain in effect from the date of the Deed until October 2, 1994, the period specified or referred to in the Urban Renewal Plan, and shall automatically extend for five year periods thereafter, unless changed by the City Council. MICROFILMED BY ` JORM MICROLAB CEDAR RAPIDS -DES MOINES SECTION 7. NOTICES AND DEMANDS. A notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it returnlreceipttched by requested, ortdeliveredor ertified personally,landostage prepaid, (i) in the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper at. 919 Talwrn Court Iowa City, Iowa 52240 AND (i i) in the case of the City, is addressed to or delivered personally to the: ;i City Manager - i Civic Center 410 E. Washington St. Iowa City, IA 52240 I or at such other address with respect to either such party as that may, from time to time, designate in writing and forward to the other as provided in this Section. SECTION 8. COUNTERPARTS I The Agreement is executed in three (3) counterparts, each of which shall constitute one and the same instruments. SECTION 9. ADDED PROVISIONS A. Except as set forth in Schedule B of Part I of this Agreement, in the event the City determines within a period of five years from the execution of this contract to sell all or any portion of the West half of the Dubuque Street right-of-way between College Street on the North and the alley of Block 82 on the South, the Redeveloper shall be granted the first option to purchase said real estate at its then appraised value as submitted by a designated MAI appraiser and mutually agreeable to the City and the Redeveloper. The option granted herein shall expire unless sooner exercised by i the Redeveloper within a period of 90 days following notification to the Redeveloper of the purchase price as determined by the appraisal and the purchase price shall be paid in cash or by contract as the City shall determine within a reasonable time after examination of the Abstract of Title. i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES B. The City agrees that it will not construct or permit the construction Of any improvement above ground level except plant materials or furniture or fixtures installed as part of City Plaza, within twenty feet of the original boundary line of Parcel 82-1b, on the Dubuque Street right-of-way. i C. The City shall, upon request by the Redeveloper, review construction plans for consistency with the preliminary design plans. If it is determined that the plans are not consistent, the City shall re- view and approve the changes in accordance with Section 301 of Part II hereof. D. The City shall,in addition to the procedures called for in Section 7 of Part I hereof, provide copies of all such notices or demands to any third party designated in writing by the Redeveloper. IN WITNESS WHEREOF, the City has caused the Agreement to be duly executed nto duly affixed land nattested bbyait lf bCity sClerk, and the RedeveloperMayoand its seal to behhasereucaused the Agreement to be duly executed in its name and behalf by its President and its corporate seal to be hereunto duly affixed and attested by its Secretary, on or as of the day first above written. v MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140PIES CITY OF IOWA CITY, IOWA BY: MAYOR ATTEST: CITY CLERK -------------- j I j I 1 REDEVELOPER , i I BY: + PRESIDENT L, ATTEST: i SECRETARY '. _ i i I I DECEIVED 3 DFRO4P?I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF :ss On this day of A.D. 19 before me a Notary Public, in and for the County of State of Iowa, President, and Secretary or Treasurer, of the Corpor- ation which executed the above and foregoing instrument, who being to me known as the identical persons who signed the foregoing instrument, and by me duly sworn, each for himself, did say that they are respectively the President, and Secretary or Treasurer, of said Corporation; that (the seal affixed to said instrument is the seal of said Corporation) (Said Corporation has no seal) and that said instrument was by them signed and sealed on behalf of the said Corporation, by authority of its Board of Directors, and each of them acknowledged the excution of said instrument to be the voluntary act and deed of said Corporation, by it and each of them voluntarily executed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Notary Public in and for County, State of My Commission expires / MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES SCHEDULE A LEGAL DESCRIPTION All that certain parcel or parcels of land located in the City of Iowa City, County of Johnson, State of Iowa, more particularly described as follows, to wit: The east 38.50 feet of Lot 1, Block 82, Except, Commencing at a point 30 feet west of the northeast corner of said Lot 1, thence east 30 feet, thence south 30 feet, thence northwest to the point of beginning, all in Iowa City, Johnson County, Iowa, according to the recorded plat thereof. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1� SCHEDULE B PRICE OFFERED PRICE $50,000 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES 4 PARCEL N0. 82-1b SCHEDULE C MM FOR CONVEYANCE DATE Upon request of the Redeveloper, but not more than six months after execution of this agreement. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES SCHEDULE D Improvements of the parcel listed below will commence and be completed in accordance with the following schedule: PARCEL NO. COMMENCE 82-1b 120 days after the date of conveyance. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ESTIMATED COMPLETION Within one year after start of construction, subject to delays beyond the control of the Redeveloper as set forth in Section 708 of Part II of this Agreement. j - I 1 SCHEDULE D Improvements of the parcel listed below will commence and be completed in accordance with the following schedule: PARCEL NO. COMMENCE 82-1b 120 days after the date of conveyance. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ESTIMATED COMPLETION Within one year after start of construction, subject to delays beyond the control of the Redeveloper as set forth in Section 708 of Part II of this Agreement. PART II OF CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between NORTH BAY CONSTRUCTION, INC. and The City of Iowa City, Iowa MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES i I i i _I i i i , , PART II OF CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between NORTH BAY CONSTRUCTION, INC. and The City of Iowa City, Iowa MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES ARTICLE I. PREPARATION OF PROPERTY FOR REDEVELOPMENT SECTION 101. DEMOLITION AND SITE CLEARANCE. It is agreed that the City sha 1 convey and the redeveloper shall accept the property set forth in Schedule A of this agreement AS IS and it is expressely agreed that the City makes no warranty, express or implied, regarding subsurface conditions and that the City shall have no liability for any damages arising from subsurface conditions. It is further agreed that any contracts or specifications for site demolition and clearance which may have been examined by the redeveloper were examined for information purposes only, and that the City shall assume no liability for any defects or variance from the specifications for work previously completed. SECTION 102. EXPENSES, INCOME, AND SALVAGE. All expenses, including current taxes, if any, re ating to buildings or other structures demolished or to be demolished in accordance with Section 101 hereof shall be borne by, and all income or salvage received as i result of the demolition of such buildings or structures shall belong to the City. �_,U.JJUN 103. CITY'S RESPONSIBILITIES FOR CERTAIN OTHER ACTIONS. The City, wit out expense to t e Re eve oyer or assessment or claim against all cause constructilonpofppublicsilmprovementshonrexistingon of taffic n strreetrrightsaof- way, and the construction of parking structures as specifically set forth in the Urban Renewal Plan. Provided, the City reserves the right to make future modifications to the traffic circulation system and to the public improvements when such changes are deemed necessary and aftercainterest, faithand attemptfurther toPdovs , iisnthe unable to construct the parking structures due to an inability to issue revenue bonds, the City shall be without liability to the developer or the developer's assigns. (a) Installation of Public Utilities - The installation or re- location by the City or public utility company of such sewers, drains, water and gas distribution lines, electric, telephone, and telegraph lines and all other public utility lines, installations, and facilities as are necessary to be installed or relocated on or in connection with the Property by reason of the redevelopment contemplated by the Urban Renewal Plan and the development of the Property: Provided, that the City shall not be responsible for, nor bear an of, installing the necessary y portion of the cost utility connections within the boundaries of the Property between the Improvements to be constructed on the Property by the Redeveloper and the water, sanitary sewer, and storm drain mains or other public utility lines owned by the City or by any public utility company within or without such boundaries, or electric, gas, telephone, or other public utility lines owned by any public utility company within or without such boundaries, and the Redeveloper shall secure any permits required for any such installation without cost or expense to the City. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES r SECTION 104. WAIVER OF CLAIMS AND JOINING IN PETITIONS BY e REDEVELOPER_.e dvpeherey waives as the purchaser of the Property under the Agreement and as the owner after the conveyance of the Property provided for in the Agreement) any and all claims to awards of damages, if any, to compensate for the closing, vacation, restriction, change of restriction or change of grade of any street, alley, or other public right-of-way within or fronting or abutting on, or adjacent to, the Property which, pursuant to Section 103 hereof, is to be closed or vacated, or the grade of which is to be changed, and shall upon the request of the City subscribe to, and join with, the City in any petition or proceeding required for such vacation, dedication, change of grade, and, to the extent necessary, rezoning, and execute any waiver or other document in respect thereof. ARTICLE II. RIGHTS OF ACCESS TO PROPERTY SECTION 201. RIGHT OF ENTRY FOR UTILITY SERVICE. The City reserves for Itse f, t e City, and any pub is utility company, as may be appro- priate, the unqualified right to enter upon the Property at all reasonable times for the purpose of reconstructing, maintaining, repairing, or servicing the public utilities located within the Property boundary lines and provided for in the easements described or referred to in Paragraph (a), Section 2 of Part I hereof. Redevelopers al n: construct anyV ulvuing otherIT or The improvement on, over, or within the boundary lines of any easement for public utilities described or referred to in Paragraph (a), Section 2 of Part I hereof, unless such construction is provided for in Engineer,lcorethee authorized representativeion fwantaffectedhpublic utility. j SECTION 203, ACCESS TO PROPERTY. Prior to the conveyance of the Property y t e Ity to t e Redeveloper, the City shall permit Irepresentatives of the Redeveloper to have access to any Property to which the City holds title, at all reasonable times for the purpose of obtaining data and making various tests concerning the Property I con- veyance necessary oftheProperacarry tre tybytheCity to the Agreement. the Redeveloper, theRe- developershall permit employees, agents or representatives of the City access to the Property at all reasonable times for the pur- poses of the Agreement, including, but not limited to, inspection of all work being performed in connection with the construction of the Improvements. No compensation shall be payable nor shall any charge be made in any form by any party for the access provided for in this Section. 11-2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ARTICLE 111. CONSTRUCTION PLANS; CONSTRUCTION OF IMPROVEMENTS; CERTIFICATE OF COMPLETION SECTION 301. PLANS FOR CONSTRUCTION OF IMPROVEMENTS. Whenever used in t is Agreement 11111 term preliminary design plans" shall include a site plan and preliminary plans for Improvements which clearly show the size, location, and external appearance of any structures, along with such other information as is necessary to fully deter- mine the intentions of the redeveloper. The term "construction Plans" shall mean all plans, specifications, drawings, or other information required to be submitted for issuance of any permit called for by applicable codes and ordinance. The term "Improve- ments", as used in this Agreement, shall be deemed to make reference to any buildings, structures, renovations, or other improvements, as provided for and specified in this Agreement, preliminary design plans, and construction plans. The Redeveloper shall, prior to the construction of the improve- ments called for in this Agreement, submit for approval by the City Council preliminary design plans, and such other information as is necessary for the City Council to fully determine the intentions of the redeveloper. Such plans shall be submitted no later than the time specified therefor in Paragraph (a), Section 5, of Part I hereof. It is expressly understood that the preliminary design plans shall be submitted to review by the City's Design Review Committee. Approval of such preliminary design plans by the City Council shall in no way relieve the redeveloper of the respon- sibility for obtaining all required permits and otherwise fully complying with all applicable state and local codes and ordinances. Following approval of preliminary design plans by the City Council the redeveloper shall submit construction plans and other informa- tion necessary to obtain all permits required by applicable codes and ordinances. j The preliminary design plans, as defined herein, shall in any event, be deemed approved by the City Council unless rejection thereof in writing shall be set forth by the City within forty (40) days after the date of their receipt by the City Clerk. If the City so rejects such preliminary design plans in whole or in part, the Redeveloper shall submit new or corrected preliminary design i plans which correct the defect set forth in the rejection, within the time specified therefor in Paragraph C, Section 5, of Part I hereof. The provisions of this section relating to approval, i rejection, and resubmission of corrected preliminary design plans herein continuebtoeapplyided untilith respect theprehoriginal plans preliminary design planshavesbeen approved by the City Council. All work with respect to the Improvements to be constructed or provided by the redeveloper on the property shall be in conformity With the preliminary design plans as approved by the City Council. Construction plans called for herein shall be consistent with and logical extensions of the preliminary design plans approved by the City Council. 11-3 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DIES MOIRES SECTION 302. CHANGES IN CONSTRUCTION PLANS. If the Redeveloper estres to ma a any c anges to t e p-intinary design plans after their approval by the City Council, the Redeveloper shall submit the proposed change to the City Council for its approval. Changes in construction plans as defined herein, may be approved by the Department of (lousing and Inspection Services, provided that such changes will not cause the Improvement to be constructed in a manner not consistent with the preliminary design plans as approved by Council. SECTION 303. COMMENCEMENT AND COMPLETION OF CONSTRUCTION OF IMPROVEMENTS e Re eve oper agrees or ttse f, its successors an assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Redeveloper for itself and such successors and assigns, that the Redeveloper, and such successors and assigns, shall promptly begin and diligently pursue to completion the redevelopment of the Property through the construction of the Improvements thereon, and that such construction shall in any event be begun'within the period specified in Section 4 of Part I hereof and be completed within the period specified in such Section 4. It is intended and agreed, and the Deed shall so expressly provide, that such agreements and covenants shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of the community and the City and enforceable by the City against the Redeveloper and its successors and assigns to or of the Property or any part thereof or any interest therein. SECTION 304. PROGRESS REPORTS. Subsequent to conveyance of the Property, or any part thereof, to the Redeveloper, and until construction of the Improvements has been completed, as set forth in Section 305 hereof, the Redeveloper shall make reports, set forth the status of Improvements, construction schedule, and such other information as may reasonably be requested by the City, as to the actual progress of the Redeveloper with respect to such construction. SECTION 305. CERTIFICATE OF COMPLETION. (a) Within thirty (30) days after completion of the Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Redeveloper to construct the Improvements (including the dates for beginning and completion thereof), the City will furnish the Redeveloper with an appro- priate shallinstrument (andsitcertifying. so providedcertification Deedyand the in the certification itself) a conclusive determination of satis- faction and termination of the agreements and covenants in the dates for the beginning and completion thereof; Provided, Il -4 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES that if there is upon the Property a mortgage insured, or held or owned, by the Federal Housing Administration and the Federal (lousing Administration shall have determined that all buildings constituting a part of the Improvements and covered by such mortgage are, in fact, substantially completed in accordance with the plans and are ready for occupancy, then, in such event, the City and the Redeveloper shall accept the deter- mination of the Federal Housing Administration as to such completion of the construction of the Improvements in accor- dance with the plans, and, if the other agreements and covenants in the Agreement obligating the Redeveloper in respect of the construction and completion of the Improvements have been fully satisfied, the City shall forthwith issue its certifi- cation provided for in this Section. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Redeveloper to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the Improvements, or any part thereof. (b) With respect to such individual parts or parcels of the Property which, if so provided in Part I hereof, the Redeveloper may convey or lease as the Improvements to be constructed thereon are completed, the City will also, upon proper completion of the Improvements relating to any such part or parcel, furnish the Redeveloper with an appropriate instrument, certifying that such Improvements relating to any such part or parcel have been made in accordance with the provisions of the Agree- ment. Such certification shall mean and provide (1) that any party purchasing or leasing such individual part or parcel pursuant to the authorization herein contained shall not (because of such purchase or lease) incur any obligation with respect to the construction of the Improvements relating to such part or parcel or to any other part or parcel of the ! Property; and (2) that neither the City nor any other party shall thereafter have or be entitled to exercise with respect to any such individual part or parcel so sold (or, in the case of lease, with respect to the leasehold interest) any rights I or remedies or controls that it may otherwise have or be ii entitled to exercise with respect to the construction of 1 Improvements as called for herein. (c) Each certification provided for in this Section shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Property, including the Deed. If the City shall refuse or fail to provide any certification in accor- dance with the provisions of this Section, the City shall, within thirty (30) days after written request by the Rede- veloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the Redeve:oper has failed to complete the Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the City, for the Redeveloper to take or perform in order to obtain such certification. 1I-5 FIICROFIIMED BY JORM MICROLAB CEDAR RAPIDS•DES 140111ES ARTICLL IV. RESTRICTIONS UPON USE OF „J'PFRTY SECTION 401. RESTRICTIONS ON USE. The Redeveloper agrees for itself, an its successors a_n_d assigns, and every successor in interest to the property, or any part thereof, and the Deed shall contain covenants on the part of the Redeveloper for itself, and such successors and assigns, that the Redeveloper, and such successors and assigns, shall: (a) Devote the Property to, and only to and in accordance with, the uses specified in the Urban Renewal Plan; and (b) Not discriminate upon the basis of race, color, creed, religion, age, disability, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof. (c) All advertising (including signs) for sale and/or rental of the whole or any part of the Property shall include the legend, "An Open Occupancy Building" in type or lettering of easily legible size and design. The word "Project" or "Development" may be substituted for the word "Building" where circumstances require such substitution. I (d) Comply with the regulations issued by the Secretary of Housing and Urban Development set forth in 37 F.R. 22732-3 and all applicable rules and orders issued thereunder which prohibit the use of lead-based paint in residential structures under- going federally -assisted construction or rehabilitation and require the elimination of lead-based paint hazards. SECTION 402. COVENANTS: BINDING UPON SUCCESSORS IN INTERESTS: PERIOD OF URATIO . t is IT5ii a an agree an t e ee s a so expressly provide, that the agreements and covenants provided in Section 401 hereof shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement, be binding, to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by, the City, its successors and assigns, any successor in interest to the Property, or any part thereof, and the United States (in the case of the covenant provided in subdivision (b) of Section 401 hereof), against the Redeveloper, its successors and assigns and every successor in interest to the Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. It is further intended and ay reed that the agreement and covenant provided in subdivision (a) of Section 401 hereof shall remain in effect for the period of time, or until the date, specified or referred to in Section 6 of Part I hereof (at which time such agreement and covenant shall terminate) and that the agreements and covenants provided in II -6 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES subdivision (^ of Section 401 hereof shall rEr`n in effect without limitation as to time: Provided, that such agreements and covenants shall be binding on the Redeveloper itself, each successor in interest to the Property, and every part thereof, and each party in possession or occupancy, respectively, only for such period as such successor or party shall have title to, or an interest in, or possession or occupancy of, the Property or part thereof. The terms "uses specified in the Urban Renewal Plan" and "land use" referring to provisions of the Urban Renewal Plan, or similar language, in the Agreement shall include the land and all building, housing, and other requirements or restrictions of the Urban Renewal Plan pertaining to such land. SECTION 403. CITY AND UNITED STATES RIGHTS TO ENFORCE. In amplifica- tion, and not in restriction of, the provision of the preceding Section, it is intended and agreed that the City and its successors and assigns shall be deemed beneficiaries of the agreements and covenants provided in Section 401 hereof, and the United States shall be deemed a beneficiary of the covenant provided in sub- division (b) of Section 401 hereof, both for and in their or its own right and also for the purposes of protecting the interests of the community and other parties, public or private, in whose favor or for whose favor or for whose benefit such agreements and covenants have been provided. Such agreement and covenants shall (and the Deed shall so state) run in favor of the City and the United States, for the entire period during which such agreements and covenants shall be in force and effect, without regard to whether the City or the United States has at any time been, remains, or in an owner of any land or interest therein to or in favor of which such agreements and covenants relate. The City shall have the right, in the event of any breach of any such agreement or covenant, and the United States shall have the right in the event of any breach of the covenant provided in subdivision (b) of Section 401 hereof, to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled. ARTICLE V. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER SECTION 501. REPRESENTATIONS AS TO REDEVELOPMENT. The Redeveloper represents and agrees tat its purchase of the Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of the redevelopment of the Property and not for speculation in land holding. The Redeveloper further recognizes that, in view of (a) the importance of the redevelopment of the Property to the general welfare of the community; (b) the substantial financing and other public aids that have been made available by law and by the Federal and local Governments for the purpose of making such redevelopment possible; and (c) the fact that a transfer of the stock in the Redeveloper or of a substantial part thereof, or any other act or transaction 11-7 MICROFILMED BY R JORM MICROLAB CEDAR RAPIDS -DES MOINES involving or resulting in a significant change in the owner- ship or distribution of such stock or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, is for practical purposes a transfer or disposition of the Property then owned by the Redeveloper, the qualifications and identity of the Redeveloper, and its stock- holders, are of particular concern to the community and the City. The Redeveloper further recognizes that it is because of the recog- nition of such qualifications and identity that the City is entering into the Agreement with the Redeveloper, and, in so doing, the City is further willing to accept and rely on the obligations of the Redeveloper for the faithful performance of all undertakings and covenants in the Agreement. SECTION 502. PROHIBITI KtutvtLvrtn. ror cne roregoing reasons, cne Meaeveioper agrees for�f, and all persons holding an interest therein, their heirs, successors and assigns that there shall be no change or transfer of ownership or control by any person or combination of persons owning or controlling ten (10) percent or more interest in the Redeveloper through sale, assignment, merger, increased, capitalization or by any other means, without the express written approval of the City. With respect to this provision, the Rede- veloper and the parties signing the Agreement on behalf of the Redeveloper represent that they have the authority of all persons holding interest therein to agree to this provision on their behalf and to bind them with respect thereto. T TRANSFER OF PROPERTY AND ASSIGNMENT OF 8 and agrees for itself, and its successors and assigns, (a) Except only (1) by way of security for, and only for, (i) the purpose of obtaining financing necessary to enable the Redeveloper or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to making the Improvements under the Agreement, and (ii) any other purpose authorized by the Agreement, and (2) as to any individual parts or parcels of the Property on which the Improvements to be constructed thereon have been completed, and which, by the terms of the Agreement, the Redeveloper is authorized to convey or lease as such Improvements are completed, the Redeveloper (except as so authorized) has not made or created, and that it will not, prior to the proper completion of the Improvfe- ments as certified by the City, make or create, or suffer to be li-8 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES nolnEs N made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or j form of or with respect to the Agreement or the Property, or any part thereof or any interest therein, or any contract or agreement to do any of the SdDie, without the prior written approval of the City: Provided, that prior to the issuance by the City of the certificate provided by in Section 306 hereof as to completion of construction of the Improvements, the Redeveloper may enter into any agreement to sell, lease, or otherwise transfer, after the issuance of such certificate, the Property or any part thereof or interest therein, which agreement shall not provide for payment of or on account of the purchase price or rent for the Property, or the part thereof or the interest therein to be so transferred, prior to the issuance of such certificate. (b) The City shall be entitled to require, except as otherwise provided in the Agreement, as conditions to any such approval that: Any proposed transferee shall have the qualifications and financial responsibility, as determined by the City, necessary and adequate to fulfill the obligations under- taken in the Agreement by the Redeveloper (or, in the event the transfer is of or relates to part of the Property, such obligations to the extent that they relate to such part). (2) Any proposed transferee, by instrument in writing satis- factory to the City and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Redeveloper under the Agreement and agreed to be subject to all the condi- tions and restrictions to which the Redeveloper is sub- ject (or, in the event the transfer is of or relates to part of the Property, such obligations, conditions, and restrictions to the extent that they relate to such part): Provided, that any instrument or agreement which purports to transfer any interest whatsoever caused by this agreement without the express written approval of the City, is null and void. (3) There shall be submitted to the City for review all instruments and other legal documents involved in effecting transfer; and if approved by the City, its approval shall be indicated to the Redeveloper in writing. (4) The consideration payable for the transfer by the trans- feree or on its behalf shall not exceed an amount repre- senting the actual cost (including carrying charges) to the Redeveloper of the Property (or allocable to the part thereof or interest therein transferred) and the Improve- ments, if any, theretofore made thereon by it; it being the intent of this provision to preclude assignment of the Agreement or transfer of the Property for profit II -9 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES f4olrgs pril'�;o the issuance of the certifir"- of completion as set forth in Section 306 of this Agre,, ent. The City shall be entitled to increase the Purchase Price to the Redeveloper by the amount that the consideration payable for the assignments or transfer is in excess of the amount that may be authorized pursuant to this sub- division (4), and such consideration shall, to the extent it is in excess of the amount so authorized, belong to and forthwith be paid to the City. (5) The Redeveloper and its transferee shall comply with such other conditions as the City may find desirable in order to achieve and.safeguard the purposes of the Urban Renewal Act and the Urban Renewal Plan. Provided, that in the absence of specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Redeveloper, or any other party bound in any way by the Agreement or otherwise with respect to the construction of the Improvements, from any of its obli- gations with respect thereto. SECTION 504. INFORMATION AS TO HOLDERS OF INTEREST IN REDEVELOPER. In order to assist in the effectuation of t e purposes of this Article V and the statutory objective's generally, the Redeveloper agrees that during the period between execution of the Agreement and completion of the Improvements as certified by the City, (a) the Redeveloper will promptly notify the City of any and all changes whatsoever in the ownership or control of interest, legal or beneficial, or of any other act or transaction involving or resulting in any change in the ownership of such interest or in the relative distribution thereof, or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, of which it or any of its officers have been notified or otherwise have knowledge or information; and (b) the Redeveloper shall at such time or times as the City may request, furnish the City with a complete statement, sub- scribed and sworn to by the President or other executive officer of the Redeveloper, setting forth all of the holders of interest in the Redeveloper and the extent of their re- spective holdings, and in the event any other parties have a beneficial interest in such holdings their names and the extent of such interest, all as determined or indicated by the records of the Redeveloper, any specific inquiry made by any such officer, of all parties who on the basis of all such records own ten (10) percent or more of the interest in the Redeveloper, and by such other knowledge or information as such officer shall have. Such lists, data, and information shall in any event be furnished the City immediately prior to the delivery of the Deed to the Redeveloper and as a condition precedent thereto, and annually thereafter on the anniversary of the date of the Deed until the issuance of a certificate of completion of all the Property. II -10 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ARTICLE VI. MORTGAGE FINANCING; RIGHTS OF MORTGAGEES SECTION 601. LIMITATION UPON ENCUMBRANCE OF PROPERTY_. Prior to the completion of the Improvements, as c— e Y _`i3Ty the City, neither the Redeveloper nor any successor in interest to the Property or any part thereof shall engage in any financing or any other trans- action creating any mortgage or other encumbrance or lien upon the Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the Property, except for the purposes of obtaining (a) funds only to the extent necessary for making the Improvements, and (b) such additional funds, if any, in an amount not to exceed the Purchase Price paid by the Redeveloper to the City. The Redeveloper (or successor in interest) shall notify the City in advance of any financing, secured by mortgage or other similar lien instrument, it proposes to enter into with respect to the Property, or any part thereof, and in any event it shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Property, whether by voluntary act of the Redeveloper or otherwise. For the purposes of such mortgage financing as may be made pursuant to the Agreement, the Property may, at the option of the Redeveloper (or successor in interest), be divided into several parts or parcels, provided that such subdivision, in the opinion of the City, is not inconsistent with the purposes of the Urban Renewal plan and the Agreement and is approved in writing by the City. SECTION 602. MORTGAGEE NOT OBLIGATED TO CONSTRUCT. Notwithstanding any ' of the provisions of the Agreement, including but not limited to 1 those which are or are intended to be covenants running with the land, the holder of any mortgage authorized by the Agreement (includ- ing any such holder who obtains title to the Property or any part thereof as a result of foreclosure proceedings, or action in lieu thereof, but not including (a) any other party who thereafter obtains title to the Property or such part from or through such holder, or (b) any other purchaser at foreclosure sale other than the holder of the mortgage itself) shall in no wise be obligated by the provisions of the Agreement to construct or complete the Improve- ments or to guarantee such construction or completion; nor shall any covenant or any other provision in the Deed be construed to so obligate such holder: Provided, that nothing in this Section or any other Section or proviicion of the Agreement shall be deemed or construed to permit or authorize any such holder to devote the Property or any part thereof to any uses, or to construct any improvements thereon, other than those uses or improvements provided or permitted in the Urban Renewal Plan and in the Agreement. / MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I401flEs SECTION 603. COPY OF NOTICE OF DEFAULT TO MORTGAGLL. Whenever the City s a de Iver any notice or demand to the Redeveloper with respect to any breach or default by the Redeveloper in its obligations or 1 covenants under the Agreement, the City shall at the same time forward a copy of such notice or demand to each holder of any mortgage authorized by the Agreement at the last address of such holder shown in the records of the City. SECTION 604. MORTGAGEE'S OPTION TO CURE DEFAULTS. After any breach or e au t re erre to in ectton 603 he—re-oT—,each such holder shall (insofar as the rights of the City are concerned) have the right, at its option, to cure or remedy such breach or default (or such breach or default to the extent that it relates to the part of the Property covered by its mortgage) and to add the cost thereof to the mortgage debt and the lien of its mortgage: Provided, that if the breach or default is with respect to construction o the Improvements, nothing contained in this Section or any other Section of the Agreement shall be deemed to permit or authorize such holder, either before or after foreclosure or action in lieu thereof, to undertake or continue the construction or completion of the Improvements (beyond the extent necessary to conserve or protect i Improvements or construction already made) without first having expressly assumed the obligation to the City, by written agreement satisfactory to the City, to complete, in the manner provided in the Agreement, the Improvements on the Property or the part thereof to which the lien or title of such holder relates. Any such holder who shall properly complete the Improvements relating to the Property or applicable part thereof shall be entitled, upon written request made to the City, to a certification or certifications by the City to such effect in the manner provided in Section 305 of the Agreement, and any such certification shall, if so requested by such holder mean and provide that any remedies or rights with respect to recapture of or reversion or revesting of title to the Property that the City shall have or be entitled to because of failure of the Redeveloper or any successor in interest to the Property, or any part thereof, to cure or remedy any default with respect to the construction of the Improvements on other parts or parcels of the Property, or became of any other default in or breach of the Agreement by the Redeveloper or such successor, shall not apply to the part or parcel of the Property to which such certification relates. ON 605. CITY'S OPTION TO PAY MORTGAGE DEBT OR PURCHASE PROPERTY. III any case, where, Subsequent to eau t or reac y t e Re e- veloper (or successor in interest) under the Agreement, the holder of any mortgage on the Property or part thereof (a) has, but does not exercise, the option to construct or complete the Improvements relating to the Property or part thereof covered by its mortgage or to which it has obtained title, and such failure continues for a period of sixty (60) days after the holder has been notified or informed of the default or breach; or 11-12 MICROFIL14ED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES (b) undertakes construction or completion of the Improvements but does not complete such construction within the period as agreed upon by the City and such holder (which period shall in any event be at least as long as the period prescribed for such construction or completion in the Agreement), and such default shall not have been cured within sixty (60) days after written demand by the City so to do, the City shall (and every mortgage instrument made prior to comple- tion of the Improvements with respect to the Property by the Re- developer or successor in interest shall so provide) have the option of paying to the holder the amount of the mortgage debt and securing an assignment of the mortgage and the debt secured thereby, or, in the event ownership of the Property (or part thereof) has vested in such holder by way of foreclosure or action in lieu thereof, the City shall be entitled, at its option, to a conveyance to it of the Property or part thereof (as the case may be) upon payment to such holder of an amount equal to the sum of: (i) the mortgage debt at the time of foreclosure or action in lieu thereof (less all appropriate credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings); (ii) all expenses with respect to I the foreclosure; (iii) the net expense, if any (exclusive of general overhead), incurred by such holder in and as a direct result of the subsequent management of the Property; (iv) the costs of any Improve- ments made by such holder; and (v) an amount equivalent to the interest that would have accrued on the aggregate of such amounts had all such amounts become part of the mortgage debt and such debt had continued in existence. SECTION 606. CITY'S OPTION TO CURE MORTGAGE DEFAULT. In the event of a efau t or reac prior to the comp ,tion of the Improvements by the Redeveloper, or any successor in interest, in or of any of its obliqations under, and to the holder of, any mortgage or other instrument creating an encumbrance or lien upon the Property or part thereof, the City may at its option cure such default or breach, in which cases the City shall be entitled, in addition to and without limitation upon any other rights or remedies to which it shall be entitled by the Agreement, operation of law, or other- wise, to reimbursement from the Redeveloper or successor in interest of all costs and expenses incurred by the City in curing such default or breach and to a lien upon the Property (or the part thereof to which the mortgage, encumbrance, or lien relates) for such reimbursement: Provided, that any such lien shall be subject always to the lien of-T'in—cTucTing any lien contemplated, because of advances yet to be made, by) any then existing mortgages on the Property authorized by the Agreement. SECTION 607. MORTGAGE AND HOLDER. For the purposes of the Agreement: The term "mortgage shall include a deed of trust or other instrument creating an encumbrance or lien upon the Property, or any part thereof, as security for a loan. The term "holder" in reference to a mortgage shall include any insurer or guarantor of any obligation MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIRES or condition s^'red by such mortgage or deed c ^ rust, including, but not limited to, the Federal Housing Colmnissioner, the Admin- istrator of Veterans Affairs, and any successor in office of either such official. ARTICLE VII. REMEDIES SECTION 701. IN GENERAL. Except as otherwise provided in the Agree- ment, in the event of any default in or breach of the Agreement, or any of its terms or conditions, by either party hereto, or any successor to such party, such party (or successor) shall, upon written notice from the other, proceed immediately to cure or remedy such default or breach, and, in any event, within sixty (60) days after receipt of such notice. In case such action is not taken or not diligently pursued, or the default or breach shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to cure and remedy such default or breach, including, but not limited to, proceedings to compel specific performance by the party in default or breach of its obligations. SECTION 702. TERMINATION BY REDEVELOPER PRIOR TO CONVEYANCE. In the event that the City does not tender conveyance of the Property, or possession thereof, in the manner and condition, and by the date, provided in this Agreement, and any such failure shall not be cured within sixty (60) days after the date of written demand by the Redeveloper, and the City is unable to demonstrate, to the rea- sonable satisfaction of the Redeveloper that the defects, cloud, or other deficiencies in or on title involved, or the part of the property to which it relates, is of such nature that the Rede- veloper will not be hampered or delayed in the construction of the improvements by taking title and possession subject to such defects, the City will refund to the Developer any good faith deposit tendered by the Redeveloper for such property or the portion of said good faith deposit reasonable allocable to the portion of the property not conveyed and this agreement with respect to the property not conveyed shall be terminated,rop vided, it is hereby expressly agreed that in the event this agreement is terminated pursuant to I this Section each party to this agreement shall be solely responsible for all expenses incurred or obligated by it and shall have no f claim against the other party. SECTION 703. TERMINATION BY CITY PRIOR TO CONVEYANCE. In the event that prior to conveyance of the Property to the Redeveloper, the 1 Redeveloper is in violation of Section 502 of Part II of this Agreement or the Redeveloper does not pay the Purchase Price and take title to the Property upon tender of conveyance by the City pursuant to this Agreement, or the Redeveloper fails to cure any default or failure within thirty (30) days from the date of written demand by the City, then this Agreement, and any rights of the Redeveloper, or any assignee or transferee, in this Agreement, or arising therefrom with respect to the City or the Property, shall, at the option of the City, be terminated by the City, in which event, as provided in Paragraph C, Section 3 of Part I hereof, the 11-14 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40111ES Deposit or any portion theroof umy he retained by the City as liquidated damagos dnd as it% property without ,Illy deduct:ion, offset, or recoupment whatsoever, dnd ru(ther Lhe Redevvioper (or assignee or transferee) nor the City shall have any further rights against or liability under this Agreement to the other in respect to the property or part thereof for which the deposit has been retained. SECTION 704. REVESTING TITLE IN CITY SIIBSUL ENT TO CONVEYANCE TO REUEVELOPER. In tTie event that subsequent to conveyance of the Property or any part thereof to the Redeveloper and prior to completion of the Improvements as certified by the City (a) the Redeveloper does not submit plans as required by the Agreement in satisfactory form and in the manner and by the dates respectively provided in this Agreement; or (b) the Redeveloper (or successor in interest) shall default in or violate its obligations with respect to the construction of the Improvements (including the nature and the dates of for the beginning and completion thereof), or shall abandon or substantially suspend construction work, and any such default, violation, abandonment, or suspension shall not be cured, ended, or remedied within ninety (90) days after written demand by the City; or (c) the Redeveloper (or successor in interest) shall fail to pay real estate taxes or assessments on the Property or any part thereof when due, or shall place thereon any encumbrance or lien unauthorized by the Agreement, or shall suffer any levy or attachment to be made, or any materialmen's or mechanics' lien, or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not have been paid, or the encumbrance or lien removed or discharged or provision satis- factory to the City made for such payment, removal, or discharge, within ninety (90) days after written demand by the City; or (d) the Redeveloper violates the provision of Section 502 of Part II of this Agreement and such violation shall not be cured within sixty (60) days after written demand by the City to the Redeveloper, then the City shall have the right to re-enter and take possession of the Property and all Improvements located thereon and to terminate (and revest in the City) the property conveyed by the Deed to the Redeveloper, it being the intent of this provision, together with other provisions of the Agreement, that the conveyance of the Property to the Redeveloper shall be made upon, and that the Deed shall contain, a condition subsequent to the effect that in the event of any default, failure, violation, or other action or ildction by the Redeveloper specified in subdivisions (a), (b), (c) and (d) of this Section 704, failure on the part of the Redeveloper to remedy, end, or abrogate such default, failure, violation, or other action or inaction, within the period and in the manner stated in such subdivisions, the City at its option may declare a termination in favor of the City of the title, and of all the rights and interests in and to the Property conveyed by the Deed to the Redeveloper and II -15 / MICROFILMED BY — JORM MICROLAB CEDAR RAPIDS -DES 110114Es Improvements constructed thereon, and that suc., title and all rights and interests of the Redeveloper, and any assigns or suc- cessors in interest to and in the Property and any Improvements constructed thereon, shall revert to the City: Provided, that such condition subsequent and any revesting of title as a result thereof in the City (1) shall always be subject to and limited by, and shall not defeat, render invalid, or limit in any way, (i) the lien of any mortgage authorized by the Agreement, and 00 any rights or interests provided in the Agreement for the protection of the holders of such mortgages; and (2) shall not apply to individual parts or parcels of the Property (or, in the case of parts or parcels leased, the leasehold interest) on which the Improvements to be constructed thereon have been completed in accordance with the Agreement and for which a certificate of completion is issued therefor as provided in Section 305 hereof. In addition to and without in any way limiting the City's - ! right to re-entry as provided for in this Section, the City shall have the right to retain the Deposit or any portion thereof, as provided in Paragraph C, Section 3 of Part I hereof, without any deduction, offset or recoupment what- soever, in the event of a default, violation or failure of the Redeveloper as specified in this Section. j SECTION 705. RESALE OF REAC UIRED PROPERTY; DISPOSITION OF PROCEEDS. Upon t e revesting in t e City of tit a to t e Property an any Improvements thereon, or any part thereof as provided in Section 704, the City shall, pursuant to its responsibilities under State law, use its best efforts to resell the Property or part thereof (subject to such mortgage liens and leasehold interests as in Section 704 set forth and provided) as soon and in such manner as the City shall find feasible and consistent with the objective of making or completing the Improvements or such other improvements in their stead as shall be satisfactory to the City and in accordance with the uses specified for such Property or part thereof in the Urban Renewal Plan. Upon such resale of the Property, the proceeds thereof shall be applied: (a) First, to reimburse the City, on its own behalf, for all costs and expenses incurred by the City, including but not limited to salaries of personnel, in connection with the recapture, management, and resale of the Property or part thereof (but less any income derived by the City from the Property or part thereof in connection with such management); all taxes, assessments, and water and sewer charges with respect to the Property or part thereof (or, in the event the Property is exempt from taxation or assessment or such charges during the period of ownership thereof by the City, the amount, if paid, equal to such taxes, assessments, or charges (as determined by the City assessing official) as would have been payable if the Property or part thereof at the time of revesting of title II -16 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOLNES thereto in the City or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults, or acts of the Redeveloper, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion or removal of the Improvements or any part thereof on the Property or part thereof; and any amounts otherwise owing the City by the Redeveloper and its successor or transferee; and (b) Second, to reimburse the Redeveloper, its successor or trans- feree, up to the amount amount equal to (1) the sum of the purchase price paid by it for the Property (or allocable to the part thereof) and the cash actually invested by it in making any of the Improvements on the Property or part thereof, unless (2) any gains or income withdrawn or made by it from the Agreement or the Property. Any balance remaining after such reimbursements shall be retained by the City as its property. ION 706. OTHER RIGHTS AND REMEDIES OF CITY; NO WAIVER BY DELAY. The City shall ave the right to institute sucT actions or proceed- ings as it may deem desirable for effectuating the purposes of this Article VII, including also the right to execute and record or file among the public land records in the office in which the Deed is recorded a written declaration of the termination of all the right, title, and interest of the Redeveloper, and (except for such individual parts or parcels upon which construction of that part of the Improvements required to be constructed thereon has been completed, in accordance with the Agreement, and for which a certi- ficate of completion as provided in Section 305 hereof is to be delivered, and subject to such mortgage liens and leasehold interests as provided in Section 704 hereof) its successors in interest and assigns, in the Property, and the revesting of title thereto in the City; Provided, that any delay by the City in instituting or prosecuting any such actions or proceedings or otherwise asserting its rights under this Article VII shall not operate as a waiver of such rights or to deprive it of or limit such rights in any way (it being the intent of this provision that the City should not be constrained (so as to avoid the risk of being deprived of or limited in the exercise of the remedy provided in this Section because of concepts of waiver, laches, estoppel, or otherwise) to exercise such remedy at a time when it may still hope otherwise to resolve the problems created by the default involved); nor shall any waiver in fact made by the City with respect to any specific default by the Redeveloper under this Section be considered or treated as a waiver of the rights of the City with respect to any other defaults by the Redeveloper under this Section or with respect to the particular default except to the extent specifically waived in writing. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES 1 SECTION 707. IMPOSSIBILITY OF PERFORM/INCE BY CITY PRfOR TO CONVEYANCE Of PROPERTY. Shou�at any time prior -£o the conveyance of Ti-M-16. any Property under this Agreement, the City of Iowa L'ity, Iowa be enjoined from such conveyance or prevented from so doing b•V any order av, decision or act of any judicial, legislative or executive body having authority it, the premises, the City at its option may terminate this Agreement and any obligations Incurred by either party shall cease. In the event of such termination, the City shall not be responsible for any damages, expenses or costs incurred by the Redeveloper by reason of such termination. It is further agreed and understood failure that the City shall have no liability for to deliver title to such Property or any part thereof to the Redeveloper after making a good faith attempt to do so. -- -•• urrIJ1: 1KLtU UELAY IN PERFORMANCE FOR CAUSE BEYOND CONTROL OF P RTY. Forte purposes of any o t e provisions of the greement, ne ti her the City nor the Redeveloper, as the case may be successor in interest, shall be considered in breach of, orodefan aultin, its obligations with respect to this Agreement in the event of enforced delay in the performance of such obligations due to unfore- seeable causes beyond its control and without its fault or negligence, including, but not restricted to, acts of God, acts of the public enemy, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, and usually severe weather or delays of subcontractors due to such causes; it being the purpose and intent i of this provision that in the event of the occurrence of any such enforced delay, the time or times for performance of the obligations of the City or of the Redeveloper under this Agreement, as the case may be, shall be extended for the period of determined by the City: the enforced delay as Provided, That the party seeking the benefit of the provisions of days after the beginning of ao _ Section shall, within ten (10) i notified the other party thereofsinhwriting, andrced thethevcause sor i causes thereof, and requested an extension for the period of the enforced delay. SECTION 709. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies Ag t e parties to the Agreement, whether provided by law or by the Agreement, shall be cumulative, and the exercise by either party of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for the same default or breach or of any of its remedies for any other default or breach by the other party. No waiver made by either such party with respect to the performance, or manner or time thereof, or any obligation of the other party or any condition to Its own obligation under the Agreement shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to its own S obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. MICRCIFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES SECTION 710. PARTY IN POSITION OF SURETY WITH RESPECT TO OBLIGATIONS. or e Re eve oper, or its, an:!:I:::n assigns successors a, an f all other persons who are or who shall become, whether by express or implied assumption or otherwise, liable upon or subject to any obligation or burden under the Agreement, hereby waives, to the fullest extent permitted by law and equity, any and all claims or defenses otherwise available on the ground of its (or their) being or having become a person in the position of a surety, whether real, personal, or otherwise or whether by agreement or operation of law, including, without limitation on the generality of the foregoing, any and all claims and defenses based upon extension of time, indulgence, or modification of terms of contract. ARTICLE VIII. MISCELLANEOUS 3culluN aul. CONFLICT OF INTERESTS; CITY REPRESENTATIVES NOT INDIVID o mem er, o Icia or emp oyee o t e Ity s all ave�sonal interest as defined in Chapter 403, Code of Iowa 1917, direct or indirect, in the Agreement, nor shall any such member, offical, or employee participate inany decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or pe Personlly labe to the orany ysuccessor Cin interest, inrtheaeventloflany defaultdorebreach by the City or for any amount which may become due to the Rede- veloper or successor or on any obligations under the terms of the Agreement. SECTION 802. Mimi EMPLOYMENT OPPPORTUNITY. The Redeveloper, for tse an its successors an assigns, agrees that during the construction of the Improvements provided for in the Agreement: (a) The Redeveloper will not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability, sexual orientation, marital status, or national origin. The Redeveloper will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, disability, sexual orientation, marital status, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compen- sation; and selection for training, including apprenticeship. The Redeveloper agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. (b) The Redeveloper will, in all solicitations or advertisements for employees placed by or on behalf of the Redeveloper, state that the Redeveloper is an equal opportunity employer. 11-19 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES (c) The Redeveloper will send to each labor union or representative of workers with which the Redeveloper has a collective bargaining agreement or other contract or understandinn, a notice, to be provided, advising the labor union or workers' representative of the Redeveloper's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Redeveloper will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Redeveloper will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor or the Secretary of Housing and Urban Development pursuant thereto, and will permit access to the Redeveloper's books, records, and accounts by the City, the Secretary of Labor for purposes in investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the Redeveloper's noncompliance with the non- discrimination clauses of this Section, or with any of the said rules, regulations, or orders, the Agreement may be canceled, terminated, or suspended in whole or in part and the Redeveloper may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Redeveloper will include the provisions of Paragraphs (a) through (g) of this Section in every contract or purchase order, and will require the inclusion of these provisions in every subcontract entered into by any of its contractors, unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each such contractor, subcontractor, or vendor, as the case may be. The Redeveloper will take such action with respect to any construction contract, subcontract, or purchase order as the City or the Department of Housing and Urban Development may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event the Redeveloper becomes invo e� in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the City or the Npart- ment of Housing and Urban Development, the Redeveloper may request the United States to enter into such litigation to protect the interests of the United States. 11 -20 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401t4ES SECTION 803. PROVISIONS NOT MERGED WITH DEED. None of the provisions Or the Agreement are intended to or s a be merged by reason of any deed transferring title to the Property from the City to the Redeveloper or any successor in interest, and any such deed shall not be deemed to affect or impair the provisions and covenants of the Agreement. SECTION 804. TITLES OF ARTICLES AND SECTIONS. Any titles of the several parts, Articles, and Sections o t e greement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. M MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MINES RESOLUTION N0. 79-185 RESOLUTION AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A RENEWAL AGREEMENT BETWEEN JOHNSON COUNTY, IOWA, AND THE CITY OF IOWA CITY FOR ELDERLY AND HANDICAPPED TRANSPORTATION SERVICE. WHEREAS, the parties hereto wish to renew their agreement for transit services, and WHEREAS, the parties desire to implement a proposal for elderly and handicapped transportation service, Iowa City-Coralville- University Heights metropolitan area, fiscal 1980. NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City that the Mayor be authorized to sign and the City Clerk to attest an agreement for transit services. It was moved by deProsse and seconded by Balmer the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x _ Perret x Roberts X _ Vevera Passed and approved this 1st day of May, 1979. MAYOR ATTEST: ycli Q�i�h_ E� moa CITY CL[ iK MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111ES Rt;rr i v�n �� rRo«n BY T11); i2l;AL ;.ti: iM71i, r i i SECOND RENEWAL OF AGREEMENT FOR 'TRANSIT SERVICES This renewal agreement is entered into by and between ,Johnson County, Iowa, and the City of Iowa City, Iowa, both municipal cor- porations. Whereas, the parties hereto wish to renew their agreement for transit services which is recorded in Book 501 at Page 303 in the Office of the Johnson County Recorder; and Whereas, the parties to this renewal desire to implement a Pro- posal for Elderly and. Handicapped Transportation Service, Iowa City- Coralville-University Heights bfetropolitaii Area, Fiscal Year 1980, which proposal is attached hereto as Exhibit "A" and by this re- ference made a part hereof; Now, therefore, be it agreed by and between Johnson County, Iowa, and the City of Iowa City, Iowa, as follows: I. The second renewal term of this agreement shall commence July 1, 1979, and continue for one year through and including June 30, 1980. 2. Paragraph 4(A) of the original agreement, as amended, is 'further amended by deleting the term 1174" in line three and sub- stituting therefore the term 1164". 3. Paragraph 4(C) of the original agreement is amended by de- leting the entire language thereof and substituting tile, following: "C• The County shall request a 50¢ one-way donation to help defray operating•'costs for the following year; MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES -z - in the event this agreement is not renewed for future years, Johnson County will pay all accrued donations received during fiscal 1980 to the City of Iowa City. 4. In consideration of the County's agreement to provide special elderly and handicapped transit service as herein pro- vided, the City of Iowa City agrees to pay to Johnson County the sum of $37,655.07, less accrued donations as of June 30, 1979, for the one-year period covered by this contract. S. In all other respects, the original agreement between the parties remains in full force and effect. 6. This renewal agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of .Johnson County, Iowa. Dated this 14t day of LJ 1979. CITY OF IOIVA CITY, IOIVA JOHNSON COUNTY, IOIYA Ro er6 t Vevera Don Seh Clairmau Mayor Board of Supervisors Attest: Attest: City C c l� Conn i or �J FxCLiVM b 6YT BY SHE LEGAL •- �� MICROFILMED BY JORM MICROLAB CEDAR RAP IDS-DE S M0111ES AGREEMENTS/CONTRACTS Attached are unexecuted copies of as Signed by the Mayor. After their execution by the second party, please route 1) Z -OL SUIn co -u -i 2) 1`eee�cQw 3) 4) 5) M k2P ie to be responsible for completion of this procedure. After receipt of originally signed document from you, a xerox copy will be returned to your office Abbie Stolfus, CMC City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I4011jEs MICROFILMED BY JORM MICROLAB ' City of Iowa MEMORANDUM DATE: April 27, 1979 TO: City Council FROM: City Manager RE: Informal Agendas and Meeting Schedule April 30, 1979 1:30 - 5:00 P.M. Monda 1:30 P.M. - Review zoning applications 2:00 P.M. - Council agenda, Council time and Council committee reports 2:30 P.M. - Meet with Parks and Recreation Commission and Riverfront Commission University 4:00 P.M. - Discuss ecw on micdevelopmentorts enaPlanning and fProgram fDevelop- ment 7:30 P.M. - Regular Council Meeting - Council Chambers 1:30 - 5:00 P.M. 111U° 1:30 P.M. - Review zoning applications 2:00 P.M. - Council agenda, Council time and Council committee reports 2:30 P.M. - Review Senior Center floor plan - Planning and Program Development 3:30 P.M. - Discussion of contract documents for Old Capitol Mall 4:00 P.M. - Executive session - public housing sites PENDING LIST Northside Study Area Transportation Study Leaf Burning Policy Appointments to Housing Commission and Committee on Community Needs - May 15, 1979 Neighborhood Site Improvement Proposals - June 4 Energy Conservation Measures Use of Salt on Streets Human Services Planning Report - JCRPC Staff - May 14, 1979 League of Iowa Municipalities policy determination - May 28, 1979 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES M01NE5 City of Iowa C'`.y MEMORANDUM DATE: April 27, 1979 TO: City Council FROM: City Manager RE: Material in Friday's Packet Memoranda from the City Manager: a. Small Cities Application b. Davis -Bacon Act $ 85 Copy of letter from the City Manager to the president of NOW dated April 24, 1979. 13 842 Memorandum from Linda Schreiber regarding funding sources for FY 80, gg 7 Copy of letter from the City Attorney to the Chairmanof the Human Rights Commission concerning whether or not the Commission may receive complaints from City employees. Memorandum from Bob Bowl in regarding acceptance of Highway Contractors, Inc., project. $8q Memorandum from Marianne Milkman regarding proposed boat ramp at Sturgis Corner. Copy of letter from the Chairman of the Broadband Telecommunications Commission to Mr. Joseph E. Day dated April 26, 1979. Memoranda from the Police Chief: a. Staff Skills School in Williamsburg, Virginia 07A b. Emergency Closing of Capitol Street S93 Memoranda from the Finance Director:' a. Permit parking in Grand Daddy's Lot $9y b. Monthly Disbursement Listing 8"96— Mayor's 9.s— Mayor's Youth Employment Program monthly report for March 1979 $96 Agendas: a. CCN meeting of May 2 $9 % b. Housing Appeals Board meeting of April 30 975' C. Broadband Tel eCORtlnunications Commission meeting of May 1 899 d. Planning and Zoning Commission meeting of April 30 906 e. Riverfront Commission meeting of May 2 961 Page to be added to the Municipal Directory for the Senior Center Commission Article: "Suit about trash -to -energy plan in Ohio" q o 3 9 0 2 Plaza Previews 90 y / MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140114ES r? City of Iowa Cay MEMORANDUM DATE: April 27, 1979 TO: Cit Council FROM: Ci Cit RE: Small Cities Application The City Manager will be in Omaha on Monday and most of Tuesday, April 30 and May 1, to meet with HUD officials concerning Iowa City's Small Cities application. Other members of the staff will be attending also. At this time, it is not certain that the Manager will be back for the meeting on Tuesday night. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES IiOIMEs an 1 j I i j j i I I i r? City of Iowa Cay MEMORANDUM DATE: April 27, 1979 TO: Cit Council FROM: Ci Cit RE: Small Cities Application The City Manager will be in Omaha on Monday and most of Tuesday, April 30 and May 1, to meet with HUD officials concerning Iowa City's Small Cities application. Other members of the staff will be attending also. At this time, it is not certain that the Manager will be back for the meeting on Tuesday night. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES IiOIMEs an City of Iowa CK ' MEMORANDUM Date: April 24, 1979 To: CitCouncil From: CitManager Re: Davis -Bacon Act Some months ago I wrote a letter to the Iowa Congressional Delegation indicating the adverse influence which the Davis -Bacon Act has upon governmental costs and efforts to fight inflation. The problem is vividly demonstrated by the attached. The City contracted for a lighting installation in Mercer Park and neglected to include Davis -Bacon requirements. As a result HUD required that the additional payments be made after completion of the contract. The total additional payments as indicated represent more than a 100% increase in the labor costs. Encl. jm1/10 am MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES CALCULATIONS The following calculations are based on Wage Decision 1A76-4148, dated September 10, 1976. Two separate wage rates were used in determining the wages which should have been paid to each of 12 workers employed by Shay Electric Company in relation to work done on the CDBG-funded tennis court lighting contract. First the wage rate for electricians under the category Building Construction and secondly, the wage rates for Group 4 Laborers categorized under Heavy and Highway Construction. They were assigned to appropriate workers depending on whether they were electricians or laborers. Using these wage rates and multiplying by the number of hours each worker worked on the project we made a determination of how much money each worker would have been paid had he been paid according to fair labor standards wage rates and subtracted from that amount the amount each worker was actually paid to arrive at the amount we still owed each worker. Using this method we determined that the total amount still owed to the 12 workers was $10114.17. The table below lists all affected workers and the exact figures used to calculate the amount owed to each of them. The columns numbered .one through 6 are categorized as follows: 1. The number of hours each worker actually worked. 2. The rate of pay at which each worker was actually paid. 3. The total amount each worker was initially paid. 4. The Fair Labor Standards wage rate for each worker. 5. The amount each worker would have been paid had he been paid according to the Fair Labor Standards wage rate. 6. The amount owed to each worker (column 5 minus column 3). I iCALCULATIONS TABLE NAME HOURS RT. AMT. RT. ALff OWED 18 20 6.15 3.50 110.70 11.57 208.26 97.56 3 4.50 70.00 13.50 5.25 11.57 125.40 34.71 55.40 3 6.30 18.90 11.57 34.71 21.21 15.81 32h 7.65 248.63 11.57 376.03 234 im 4.50 2.30 104.63 11.57 269.00 .127.40 164.37 2A 2.75 239.78 78.38 5.25 5.25 547.31 307.53 22 4.50 99.00 11.57 149.63, 254.54 71.25 155.54 1 84 6.00 4.75 6.00 11.57 11.57 5.57 39.19 11.57 95.45 56.26 Total 1099.47 2213.64 1114.17 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101t4cs r") CITY OF IOWA C 11 I \A/n.;1 IIrI1 ,1( jrl .,I l')W/\ ( .11 U )WA April 24, 1979 Ms. Susan R. Hester, President Johnson County/Iowa City NOW P.O. Box 946 Iowa City, Iowa 52240 Dear Susan: Rather than reply in detail to your letter of March 20, I believe it would be advantageous for us to meet informally to discuss those matters and the other concerns you might have relating to the City. Please let me know if such a meeting would be convenient. discussedI have RecreatiionSuperDirector intendent yourconcernsarelatingrks and Rtorthelaccommodation of women's softball teams. As a result of your concern and our discussions the Recreation Department has accommodated all of the women's teams that have indicated an interest in participating in the program this year. On future occasions where there are men's and women's activities public information will indicate that there will be equal opportunities and facilities to accommodate both men and women. For some years the City has provided opportunities which have encouraged the women's University softball team, although such facilities have not been provided for the men's teams. The City is pleased to assist you in this matter and hope that you will bring simi in the future. lar situations to my attention Sinc rel yours, Neal BerlBerlt�_. City Manager cc: Pat Brown Dennis Showalter Bob Lee Human Rights Commission members City Council jml/18 MICROFILMED BY JORM MICROLAB CEDAR RAPIOs•DEs 1101REs i April 24, 1979 To: Mace Bravennan, Chair, Human Rights Commission From: Susan R. Hester, President, Johnson County/Iowa City NOW As you know, Johnson County/Iowa City NOW wrote Neil Berlin regardinc Possible discrimination in the Iowa City Softball League program. In that letter I stated that I would not contact Dennis Showalter as I had planned since it appeared that the City was aware of the situation in the Parks and Recreation Department. I explained at that time that I was not filing a formal complaint of sex discrimination. I did request a clarification of the role, jurisdiction, and complaint procedures of the Human Rights Commission. It has now been a full week and I have not had any response from the City. until the role of the Human Rights Commission can be clarified, I am appealing to you, as Chair of the Commission, to intervene in this matter. Our goal is equity in the softball program in Iowa City. Whether that can really happen this year is doubtful; it is likely that many of the women who were ready to play on teams that were turned away in Iowa City have now gone to Coralville and Cedar Rapids toloin other teams. Despite this possibility, the City does have an obligation to make a good that sometteamsort willonotrbect the availableuatin this foroyear--even knowing a belated registration. Hopefully the effort made this year would set a standard for next year as well. Softball season opens next week. If a formal complaint is necessary to expedite this matter I need to know that in order to proceed. But, Please understand that our preference would be to see this issue settled by the City without a formal complaint. We will wait until April 27th for a decision from the City. I do hope that you can be instrumental in bringing this issue to a speedy and equitable closure. Thank you. ! cc; Pat Brown j JNeil Berlin Bob Lee Dennis Showalter ' HRC Members i I I i f National Organization for Women P.O. Box 946 Iowa City, Iowa 52240 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140HIEs City of Iowa MEMORANDUM Date: April 17, 1979 To: Carol Peters -Admin. Assistant Johnson Co. Courthouse Pam Ramser - Human Services Planner JCRPC Mary Ann Volm - United Way From: Linda Schreiber Attached is the funding breakdown by funding source for FY80 and calendar year 1979 for your information. cc: Neal Berlin V bj2/7 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110 RIES FY80 Agency Funding Aid & Alternative for Victims of Spouse Abuse American Red Cross Babe Ruth league Boys Baseball Boy Scouts Campfire Girls Community Coord. Child Care 4 C's Crisis Center Transient Program Free Medical Clinic Friends of Childrens Museum Girl Scouts Girl's Softball Goodwill Headstart Iowa Children & Fam. Serv. Johnson County Council on Aging J.C. Assoc, for Retarded Citizens Libraries (Oxford " Solon, Iowa City, Coralville) Lutheran Soc. Serv. Mayor's Youth MECCA Mental Health Center Mental Health Assoc. Pals Rape Victim Advocacy Salvation Army School Children's Aid U.A.Y. V.N.A. Willowcreek Ne; ,yhborhood Center 5,615 Youth Homes 81000 United Way JCRPC 68,195 X191,513 F Y80 C i ty Funding_ 1,204 1,284 5,000 2,500 2,140 1,284 19,800 23,133 13,763 9,515 30,000 Total ** Reserve U14 funds *** In kind i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES FYBO Co Fundinq 14,600 15,800 5,000*** 73,000 145,440 3,000 6,972.35 20,000 86,000 12,000 60,000 41,81 . 75 1979 United Way Fundinq 7,200 12,000 4,500 3,500 13,000 2,000* ! 22,000 9,600 26,000 12,000 1,200 5,000 ; 4,500 8,000 i 500 1,200 1,700 6,000 25,500 9,000 41,000 T ■ 4 t i I , FY80 Agency Funding Aid & Alternative for Victims of Spouse Abuse American Red Cross Babe Ruth league Boys Baseball Boy Scouts Campfire Girls Community Coord. Child Care 4 C's Crisis Center Transient Program Free Medical Clinic Friends of Childrens Museum Girl Scouts Girl's Softball Goodwill Headstart Iowa Children & Fam. Serv. Johnson County Council on Aging J.C. Assoc, for Retarded Citizens Libraries (Oxford " Solon, Iowa City, Coralville) Lutheran Soc. Serv. Mayor's Youth MECCA Mental Health Center Mental Health Assoc. Pals Rape Victim Advocacy Salvation Army School Children's Aid U.A.Y. V.N.A. Willowcreek Ne; ,yhborhood Center 5,615 Youth Homes 81000 United Way JCRPC 68,195 X191,513 F Y80 C i ty Funding_ 1,204 1,284 5,000 2,500 2,140 1,284 19,800 23,133 13,763 9,515 30,000 Total ** Reserve U14 funds *** In kind i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES FYBO Co Fundinq 14,600 15,800 5,000*** 73,000 145,440 3,000 6,972.35 20,000 86,000 12,000 60,000 41,81 . 75 1979 United Way Fundinq 7,200 12,000 4,500 3,500 13,000 2,000* ! 22,000 9,600 26,000 12,000 1,200 5,000 ; 4,500 8,000 i 500 1,200 1,700 6,000 25,500 9,000 41,000 T ■ CITY OF IOWA CITY CIVIC CENTER- 410 E. WASHINGTON ST. - IOWA CITY IOWA 52240 (319) 354.180D April 26, 1979 Mr. Myles N. Braverman, Chairperson Human Rights Commission Iowa City Civic Center Iowa City, Iowa 52240 Dear Mace: I understand from Angela Ryan that the Human Rights Commission is considering seeking a legal opinion as to whether or not the Commission may receive complaints from City employees as to employment discrim- ination and process them in the same fashion as complaints against other employers. As legal advisor to the Commission I think it would be appropriate for me to express my views on that matter. It is certainly true that the City is included in the definition of "employer" Section 18-1 of the City code. However, I do not believe that that answers the question as to the authority of the Commission to investigate and formally process complaints against the City. The powers of the Commission are expressed in Section 18-17 of the City code. As I read that section the powers of the Commission with respect to the City are basically advisory. Thus subsection 8 of that section authorizes the Commission to make recommendations to the City Manager and City Council regarding affirmative action programs and fair employ- ment procedures. Nowhere in the ordinance do I find any authorization for the Commission to assume direct control over the personnel practices of the City.of Iowa City. Indeed, Section 4.04.of the Iowa City Charter specifically grants to the City Manager of Iowa�City the authority to supervise and direct the administration of the City government and the conduct of employees ". subject to State law." It would be in conflict with this basic separation of responsibilities for the Commission, which is appointed by the City Council, to assume more than an advisory role with respect to City administrative policies. There are several practical difficulties which would make assumption of the authority sought unwise in my opinion. First of all, the staff persons assisting the Commission are all subject to the supervision and direction of the City Manager, the same person whose personnel policies would presumably be under question. Further the Human Rights ordinance contemplates that the City Attorney assume a role in the investigation of any complaint, that the City Attorney make recommendations to the R:: MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DFS Id0R1ES Commission, and finally that the City Attorney represent the Commission at any hearing and in connection with any litigation. Of course the City Attorney also has the responsibility of representing the City Council and the City Manager and advising the City Manager on personnel matters. It might be suggested that a solution to that problem is to hire outside investigators and outside legal counsel. However, I do not believe that that is an acceptable solution. For one thing any outside investigator or any outside attorney would still have to be compensated by the City Council. I would certainly not recommend to the Council that they grant the Commission a blank check for expenditure of funds for investigation and litigation. However, unless such a blank check were issued the conduct of the investigation and subsequent litigation would be subject to City Council control and direction at least in- directly. 1 The City has in recent past received graphic demonstration of the problems inherent in the type of procedure and authority sought. A few years ago the Commission attempted to investigate a complaint by a former City employee against the City. The Commission proceeded to 5 investigate the complaint and found probable cause against the City. C When conciliation did not progress to the satisfaction of the com- plainant the complainant brought suit against both the City and the Commission in Federal court and testified there that she believed the 1• City and the Commission were working together to discriminate against her. In defense of this case because of the potential conflicting interests of the City and:the Commission it was necessary to employ outside counsel to defend the Commission on the charge of discrimina- tion. The potential for such misunderstandings and such accusations would, I believe, exist potentially in any situation in which the Com- mission, which is a part of the City, attempts to handle a formal com- plaint. 3 From a practical standpoint also it seems to me that it is totally unnecessary for the Commission to handle complaints against the City. c Any person employed by the City who feels aggrieved by a personnel decision of the City administration has several remedies available to him or her. Employees covered by Civil Service have all of the pro- tections and hearing rights granted by the Civil Service statutes. Employees covered by collective bargaining agreements have the extensive procedures and protections provided by those agreements. Further, all employees of the City have the right to seek the intervention of the State Civil Rights Commission. All City employees have the right to seek the assistance of the Federal Equal Employment Opportunity Commis- sion. It should also be noted that the findings of any of the agencies mentioned above are subject to judicial review providing further pro- tection for the aggrieved employee. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES �--''� --�— -- -- 3 ~"~` / | ' Rights ordinance which would grant any further authority to the CmIwill recommend against any amendment to the City Charter for Hu a n umm is ~si»n with respect to City personnel matters. Further, l intend torecnmmend against Council authorization to employ outside counsel oruuts1de investigators by the Commission. In this regard I would point out that under the City code only the City Council may authorize theemp]oyment Of outside legal counsel. Very truly yours, Job Hayek Attorney cc; City Council Ms. Pat Brown, Human Relations Director jm4/I6 ' � ' ' \ .' . � .' ^ || | MICROFILMED BY ][lRMk8|CR[l/AB cE»A««AP|»S^0[S 110IkO ' -L 'i. City of Iowa C"'y - MEMORANDUM Date: April 27, 1979 To: City Council and City Manager n From: Bob Bowlin, Assistant City Attorney ru B Re: Acceptance of Highway 9 y Contractors, Inc. Project Dear Councilmembers and Neal: At the last City Council meeting, there was a question as to whether Inc. on the City should accept the work recently done by Highway Contractors, have beenefiled withethes�atdsb in light of the numerous claims that cussed this matter at some lengthuwith Dickaid cPlastinorand GI have ene Dietz. It is my recommendation that the City should proceed to accept then improvements, if it finds that they have been done satisfactorily. In addition, it is my advice that the City should continue to retain the unpaid funds (that is, the 10% that we have not yet paid to the contractor), under the authority of 573 14; 1979 Code of Iowa. may be that certain subcontractors will eventuall the contractor and the contractor's Buret It inst the maximum amount of funds possible, so thatWtherelwillwantto be someafu ds available for paying these subcontractors. However, as statedI it satisfactory. , see no problem with accepting the improvement at this time if You find If you have any further questions, please do not hesitate to contact me. Thank you. jm5/25 Bob Bowlin Approve • - � CITI' ENGIN Iowa City, Iowa MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Lam r`? City of Iowa Ci�Lv MEMORANDUM UM _ DATE: April 27, 1979 Ir[at City Council Marianne Milkman, Planner/Program Analyst Proposed Boat Ramp at Sturgis Corner t i r information prior to the meeting with the Riverfront Commission ks and Recreation Commission on Monday April 30 here are some pros and cons of providing a boat ramp and parking for fishermen location. location provides parking and boat launching facilities for fishinE ivities. location provides a boat launching facility for emergency rescue prations below the Burlington Street dam. 3. The location provides fishing access in one of the best fishing areas along the Iowa River. 4. This is a suitable use of riverfront land to be dedicated to the City in cooperation with a private developer. 5. The project provides'the only usable boat ramp within the City limits. 6. The project benefits particularly elderly persons who fish regularly and can not scramble down banks. 7. The project provides a recreational activity for which there is little existing access to the river. 8. The project is supported by local fishermen and the Iowa City Fire Department. 9. The whole area is intended as a low maintenance area. 10. Matching funds are available from the Iowa State Conservation Commission Marine Fuel Tax funds. {. In addition Phase II of the Iowa River Corridor Study strongly recommends Provision for access to the river, boat ramps, river buffer land acquisition and cooperation with private developers (see pages 4, 9, 28, 54). CONS: i -. 1. There will be some maintenance cost involving trash picku of the ramp•and parking area and occasional patrolling. p' maintenance 2. The possibility of increased riverbank erosion will be largely offset by constructing the ramp at an angle and placing some rip rap along the .river as -recommended by the State Conservation Commission. 3. At very high or very low water levels the ramp may not be usable. 4. The facility will encourage increased fishing activities in that stretch of the river particularly near the Burlington Street dam where the currents sometime make fishing dangerous. S. The Parks and Recreation Commission would prefer a ramp in Napoleon Park. inkand fact,nCommission sonfavor oa I seestheneedfor arampinCrandicorCitypNapoleon thus rproviding Um MICROFILMED BY JORM MICROLAB CEDAR. RAPIDS -DES 1401RCS Page 2 access in the three main portions of the River Corridor as outlined in the Iowa•River Corridor Study. It is my understanding that State Conservation Commission funds are available annually as matching funds for boating projects, and could be applied for when construction of a ramp in Napoleon Park becomes feasible after the completion of South Gilbert Street. There is one additional potential problem. Under regulations affecting the FY 79 CDBG program, direct benefit to low and moderate income persons is emphasized for each project. The overall CDBG program is required to show that of all persons benefitting 75% are of low and moderate income. Even though there are many .elderly persons who fish, and other persons who use the fish to cut down on their food budgets, our performance report in 1980 is likely to show a percentage well below 75% for benefit.to low and moderate income persons for this project (although we will be in compliance with the overall 75% benefit requirements). When HUD reviews the. performance record they could find this project ineligible and the City would then have to find an alternative source of funds for the $16,000. The $75,000 Riverfront Improvements allocation was made as part of the 100 local option amendment the City is permitted to make to its annual CDBG budget without filing an official amendment with HUD. If HUD in its audit findings permits the local option funds to be spent for this and other riverfront projects we have no problem. Estimated cost of ramp and parking for 4 trailers and 15 cars + two fishing piers $32,000 Source of funds CDBG: State Conservation Commission Marine Fuel Tax: $16,000 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES FIOINES CITY OFCITY fJl•.' ; � • ; I • April 26, 1979 Mr. Joseph E. Day (lines, Pence, Day & Pewers 1115 Merchants National Bank Building Cedar Rapids, Iowa 52401 Dear Mr. Day: Your letter to Mr. Berlin and the City Council has been referred to me as Chairman of the City's Broadband Telecommunications Commission. As You probably know, the Commission has just recently been appointed and we are in the process of gearing up. Thus, we are presently drafting bylaws and rules and procedures. As soon as this process is completed, we will be able to consider your request for a franchise pursuant to Ordinance 78-2917. Following this consideration, the Commissionpursuant to the Ordinance, will issue its recommendation to the City Council which has the final determination in franchising matters. am I am sure you sorry understanfor the d d the necesin stth this matter, b ityofestablishingsystematic ut as an tprocedures before we can act on any matter. Yours truly, o'.- • •l. I Robert Pepper Chairman Broadband Telecommunications Commission is cc: City Council Broadband Telecommunication Commission members City Manager City Attorney MICROFILREO BY _ JORM MICROLAB CEDAR RAPIDS -DES 110111Es 8?/ City of Iowa City I MEMORANDUM I . � DATE: April 20, 1979 TO: Neal Berlin, City Manager FROM: Harvey D. Miller, Police Chief^n rY' Va RE: Staff Skills School in Williamsburg,/ . The request for Sergeants Harney and Evans to attend Administrative Staff School in Williamsburg, Virginia in June, 1979 is resubmitted with this attached memo. It is my intention, if funds are available, to send two sergeants Per, year to this Staff Skills School. I Picked Harney and Evans for this y at this time, actively engaged inaanumberuOf staff are, activities with the Detectives (Evans) and the patrol force (Harney). I hope to further utilize their skills in this way and to capitalize on the skills they would acquire in this school. As I have stated to you before the level of administra- tive and police management skills is abysmally low in the Police Department. Consequently, when I have the opportunity to increase these skills among the command and supervisory, I should like to do so. The course of. instruction covers budgeting; controlling; grantsmanto such as toPlanning; I ministration and the like. The instructionoiseaimed directly to.police operations rather than attempting to area. tie business or industrial management to a governmental The quality of , ed by the Association of Chiefs cOfoPolice ris excellent tinngeneral, Perhaps exceeded only by the Federal Management Courses or the Management Segment of the F.B.I. National Academy. Interestingly enough neither of the last two mentioned courses are offered in states that have ratified the E.R.A. Perhaps the sponsors have not heard of Iowa City,s boycott. ly Thetschool isonethetbestthese availablesabe nd withthepartial Federal funding it is straining the gnat and swallowing the camel to refuse this opportunity. ec: Sgts. Harney E Evans 89Z / MICROFILMED BY y JORM MICROLAB CEDAR RAPIDS -DES MOINEs I r7 City of Iowa C'y Date:MEMORANDUM April 27, 1979 To : Neal Berlin, City Manager City Council From: Harvey Miller, Chief of Police��'� Re: Emergency Closing of Capitol Street This is to advise the Council that I am authorizing the emergency closing of Capitol Street from Burlington to the south side of College Street. Due to the nature of construction work in the areacontinued vehicular and pedestrian traffic on this street presents an imminent hazard. Please be advised that the Public Works Director will ask Council to pass a resolution temporarily closing this street until reconstruction of Capitol Street commences. bc4/9 893 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ■ 1 (_�) City Of 'Own Cid K�:U IVFD Ano 9 0 1979 MEMORANDU4 Date: April 19, 1979 � 7 To: Neal Berlin, City Manager From: Rosemary Vitosh, Director of Finance 1W n 1 Re: Permit Parking in Grand Daddy's Lot l " We started selling permits for this lot in mid-February but the response has been less than overwhelming as we have sold only four permits to date for that lot. In spite of the fact that we did contact by phone all those who were on the waiting list for our other permit lots (134 individuals) in February, and the fact that we have placed ads in the Press -Citizen, Daily Iowan and Shopper both in February and late in March, and the fact that the monthly rate is $9.00 as compared to $12.00 for all other permit lots, interest in the lot is just non- existent. I would attribute part of this lack of interest to the free parking available and being heavily used in the lot east of the Rec- reation Center. The objective in leasing the Grand Daddy's lot was to provide additional long-term parking for the C.B.D. area. However, it is evident that either the demand for such parking does not exist or the location of the lot makes other alternatives more attractive. It was not the City's intent to make a profit on the rental of the lot but at least 34 permits must be sold per month to break even. For the above reasons, I feel that the lease should be terminated. I have discussed this with Paul Glaves and he concurs in my recommendation and will discuss with the Legal staff the possibility of breaking the lease. If we proceed in this direction, we need to move fast and avoid having to pay another month's rental on the lot. The four current permit holders will be notified and given the opportunity to transfer to another permit lot. jm4/7 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MDIRCs E—O City of Iowa city MEMORANDUM DATEI April 19, 979 TO: Neal Berlin, City Manager J RECEIV nit.1 1979 FROM: Rosemary Vitosh, Director of Finance' RE: Monthly Disbursement Listing Iowa -Illinois Gas & Electric, $32,253.10 This expenditure shbuld have been broken down between the General Fund and Enterprise Funds as follows: General Fund $18,315.25 Enterprise Funds 13,937.85 TOTAL $32,253.10 This listing was corrected prior to publication in the newspaper and the fund totals were changed accordingly. Travel Disbursements We used to have one employee manually listing all expenditures and then we had that listing typed for Council and newspaper publication. This whole process of listing, typing and proofing took about 56 hours or seven days of employee time per month. During this fiscal year, we were able to get a computer listing in the correct format and only had to have the listing typed which saved about 48 hours of employee time. For the month of March we have gotten the computer listing refined to a point where, by reducing it on the copier, we hope to be able to have it ready for publication in the newspaper by spending less than an hour of employee preparation time. It is not possible to use computer generated listings and also'add employee names to all travel and/or airline disbursements. If this is required, it will be necessary to manually add the information to the listings. which could be quite a time consuming task. Expenditure listings can drovide only escriptions, . Ther , eforepicture fCouncit best oatravel costs a Council wouldliketomonitorthis more closely, I recommend that a notebook be kept in the City Manager's office of all approved travel authorization forms. This would not only give total cost of the trip, it would also provide information as to who, what, where and why. The disbursement listing cannot be expected to provide such detail unless we allow it to once again become a monster of busy-work. /r MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DCS MOINES � pl,� MAYOko YOUTH EMPLOYMENT PRuGRAM1810 Lower Muecadne — Box 2477 IOWA CITY, IOWA 52240/ ,�(ii Phone: 351.1035 l/ RECEIVED APR 1 9 1919 N To: Iowa City Council , From: Marylee Dixon, Directe� otr,kO Emlo Re: Mon thly'ReporthMarch f1979Program During the month of March the Mayor's Youth Employment Program employed a total of forty-one enrollees. Of these 41 enrollees, eight were new. There were three terminations during the month. The total at the end of the month was 38. Following is a breakdown of the Mayor's Youth jobeites and the number of enrollees working in each area. This breakdown sig- nifies the enrollees that were working at the end of March. New jobeites that were developed during March and that are pre- sently being utilized are marked with an asterisk. (") Job Classification Work Site Number of Youth Clerical Hawkey@ Community Action 1 Mark IV Community Center 1 Purchasing-City.of Iowa City 1 United Action for Youth 1 Mayor's Youth Program 1 Custodial Coralville Central 1 Kirkwood Elementary 1 Northwest Jr. High 1 Oxford Elementary 1 Regina High School 1 Southeast Jr. High 1 West High School 2 *Central Jr. High 1 Library Aide Coralville Public Library 1 Iowa City Public Library 3 Solon High School Library 3 Teacher's Aides Friends of the Children MUaeum 1 Headstart -Heaton Street 4 Early Childhood Development 1 *Faith United Headetart 1 Maintenance Worker Equipment Dept. City of I.C, 1 National Guard 1 FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Job Classification Animal Caretaker Greenhouse Worker Patient Escort Dietary Aide Studio Aide Community Center Aide Goals Work Site Iowa City Animal Shelter University Botany Dept. Mercy Hospital Dietary Dept. U. of I. Hospital Synthesis Youth Arts Studio 'Mark IV Apartments Number of Youth 1 1 3 1 1 1 1. To conduct follow-up on enrollees, discussing work per- formance, school attendance, and related areas. 2. To provide information to enrollees in reference to secur- ing jobs in the private sector along with securing employ- ment during the summer months. Methods 1. The Director and Assistant Director will visit jobsites and -conduct "on-going" evaluations of enrollee perfor- mance by meeting with jobsite supervisors and enrollees. 2. On-going evaluations of enrollees job skills and assess- ment of job skills will occur in relation to availability of jobs in the private sector. Summar,u As stated in the February report, the Mayor's Youth Employment Program is in the process of increasing the enrollment due to a carry over of funds from previous months. This increase will include between eight and ten additional enroll- ees. Recruiting new enrollees is an on-going process as current enrollees are encouraged to seek employment in the private sector. In regards to the 1hree terminations during the month of March, one enrollee was hired at her jobsite independent of the Mayor's Youth Employment Program on a permanent part-time basis. The second enrollee was terminated as he was involved with delinquent activity and the third enrollee voluntarily terminated from the program due to conflicts with her school activities. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MoIMEs ■ I MINUTES MAYOR'S YOUTH EMPLOYMENT BOARD APRIL 17, 1979 CHAMBER OF COMMERCE MEMBERS PRESENT: Holzhammer, Johnson, Karr, Kelly, Schreiber MEMBERS ABSENT: Aldinger, Barber, Curtis, Kaefer, Nelson SUMMARY OF DISCUSSION AND FORMAI, ACTIONS TAKEN Linda Schreiber the chairperson. opened the meeting for discussion at 4:00. Linda Schreiber reported on the meet- ing between Bernie Barber, Tom Miskimen, Director of Hacap iand herself, The meeting was to clarify issues in regards to summer youth programs. Tom Miskimen informed them that WEP-- Work Experience Program is a seperate youth program and it is our understanding that the program will begin as soon as staff, people are employed to recruits. The Mayor's Youth Program will not be switching any enrollees over. In regardes to Summer Ceta Linda Schreiber felt it was her impression that all due consideration would be given to the Mayor's Youth Staff for employment with Summer Ceta. Marylee Dixon and Dawn Judish reported that they had sent in applications but had not received any communications from Hacap. Linda Schreiber will be contacting Tom Miskimen to clear up the issue. The second item of business discussed was the amending of the by-laws. A copy of the amendment was circulated, Discussion followed in regards to board members not attend- ing at a regular basis. Linda Schreiber is going to check into the city policy and a letter will be sent by the mayor to the non -attending members, Reverend Holzhammer moved to amend the by-laws. Marian Karr seconded the motion. The motion was past. Judy Kelly motioned that a letter be sent to the City Council asking the Council to make recommindation to the State Legislators to increase funding of M,Y.E.P, be- cause of anticipated increases in minimum wage, Reverend Holzhammer seconded. The last item of business was reported on by Marylee Dixon. She informed the board about a telephone conver- sation with Roger Hoffman with Hospital Schools. Roger was interested in setting a specific number of slots aside for youth in the hospital schools. He was also inter ested in job sight development that handicapped people would be eligible for. Marian Karr questioned the idea in regards to authority. She was wondering who would have the authority over the youth if a problem arose. After / FIICROFILMED BY r JORM MICROLAB CEDAR RAPIDS -DES MOINES discussing the idea the board decided to consider the idea in the fall. The next board meeting is scheduled for Wednesday May 9; 1979 at 4;00. The meeting was adjourned at 5105, MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES 0 City of Iowa Ci# -y MEMORANDUM DATE: April 24, 1979 TO: CCN Members FROM: Marianne Milkman, Planner/Program Analyst RE: Meeting WEDNESDAY MAY 2, 1979 12:00 NOON ROOM "B" RECREATION CENTER AGENDA 12:00 Review and approval of minutes for April 4, 1979. 12:05 Comments from guests. 12:15 Report by Ed Brinton (Shoemaker - Haaland Consulting Engineers) on the Ralston Creek Watershed Management Plan. 12:45 Discussion of Neighborhood Site Improvements (Rosemary Carey) tree planting project. 1. 1:05 Report.on Site Improvement and lower Ralston Creek neighborhood meetings. (Pat McCormick, Ron'Johnson, George Swisher, Jim Hall) 1:20 New Business. 1:30 Adjournment. NOTE This is meetings timel The following neighborhood meetings are scheduled for May: 'Lower Ralston Creek neighborhood Wednesday May 2 Sabin School Creekside neighborhood Hickory Hill neighborhood Tuesday May 4 Hoover School Monday May 14 Highland neighborhood y Civic Center, South Central neighborhood Wednesday May 16 Twain School Thursday May 17 Sabin School All meetings are at'7:30 p.m. Please try to attend the neighborhood meeting for your neighborhood and any others you can squeeze in. In addition the first Public Hearing for our Small Cities Application (yes - the pre -application was approved) will be at 7:30 p.m. on Tuesday May 15 in the Civic Center Council Chambers. NEXT CCNMMEETING The next meeting will be on Wednesday May 30 at 12.00 noon (not June 6) so that you can review all Neighborhood Site Improvement proposals prior to the City Council meeting on June 5. X1_ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111ES AGENDA Continuation of the Iowa City Housing Appeals Board will convene on April 30, 1979 at 8:00 p.m. in the City Council Chambers. The Board will hear the continuation of the Black's Gaslight Village case, properties addressed as 414, 418, 422, and 426 1 Brown Street, Iowa City, Iowa. Meetings are open to the public. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES I40111Es AGENDA BROADBAND TELECOMMUNICATIONS COMMISSION TUESDAY, MAY 1, 1979, 4:30 PM CIVIC CENTER CONFERENCE ROOM I. Call to Order 2. Approve Minutes 3. Discussion of Broadband Telecommunications Specialist Position 4. Consider By-laws 5. Consider Rules and Procedures 6. New Business 7. Adjournment v -- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIRES ■ I I I i i i i f f AGENDA BROADBAND TELECOMMUNICATIONS COMMISSION TUESDAY, MAY 1, 1979, 4:30 PM CIVIC CENTER CONFERENCE ROOM I. Call to Order 2. Approve Minutes 3. Discussion of Broadband Telecommunications Specialist Position 4. Consider By-laws 5. Consider Rules and Procedures 6. New Business 7. Adjournment v -- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIRES ■ Informal Agenda Planning and Zoning Commission April 30, 1979 --- 7:00 p.m. City Manager's Conference Room A. Call to Order. B. Public discussion of any item not included on the agenda. d� C. Consideration of the minutes of the meetings of April 16 g p (informal meeting) and April 19, 1979. D. Zoning Items: t 1. Review of the Revised Tree Regulations. 2. Public discussion of an ordinance amending the sign requirements for the M1 Zone. E. Subdivision Items: 1. S-7912. Public discussion of a preliminary and final Large Scale Non -Residential Development plan and tree planting plan of the Hy -Vee Food Stores, located on the northwest corner of the intersection of North Dodge Street and Old Dubuque Road; 45 -day limitation period: 5/26/79. 2. S-7913. Public discussion of a final plat of Village Green, Part 10, located southwest of Village Road extended; 45 -day limitation period: 6/3/79, 60 -day limitation period: 6/18/79. F. Adjournment. Regular meeting =- May 3, 1979 _ g R� 3 i 'II MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 9: di} f F AGENDA IOWA CITY RIVERFRONT CO*JISSION WEDNESDAY MAY 2, 1979 -- 7:30.P.M. CITY MANAGtR'S CONFERENCE ROOM :30 Review and approval of minutes for April 4, 1979. :35 Discussion of Sturgis Corner boat ramp. :05 Discussion of Coralville dam catwalk. :20 Discussion of allocation of remainder of CDBG funds. :50 Old Business. ' New Business. 00 Adjournment. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES I 7 7 8 8 8 9: di} f F AGENDA IOWA CITY RIVERFRONT CO*JISSION WEDNESDAY MAY 2, 1979 -- 7:30.P.M. CITY MANAGtR'S CONFERENCE ROOM :30 Review and approval of minutes for April 4, 1979. :35 Discussion of Sturgis Corner boat ramp. :05 Discussion of Coralville dam catwalk. :20 Discussion of allocation of remainder of CDBG funds. :50 Old Business. ' New Business. 00 Adjournment. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES MEMBERS SENIOR CENTER COMMISSION TERM BEGINS Rev. Lawrence Carlton April 24, 1979 810 North Linn Res: 338-5556 Bus: 338-9514 Jeannie Williams 910 Oakcrest Res: 338-9534 Bus: 353-4929 William J. Ambrisco Savings and Loan Building Res: 338-3807 Bus: -354-2070 W. W. Summerwill 933 Highwood Res: 337-4488 Bus: Thea Sando 1321 Oakcrest Res: 337-3180 Bus: April 24, 1979 April 24, 1979 April 24, 1979 April 24, 1979 MICROFILMED BY JORM MICROLAB CEDAR RARIDS•DES MOINES TERM EXPIRES Dec. 31, 1979 Dec. 31, 1980 Dec. 31, 1980 Dec. 31, 1981 Dec. 31, 1981 0702 1 Tax -Exempts Suit About Trash -to -Energy Plan' Ohio Couhl Have Broad Effects on Financing By BYRON KLAPPER R'pa' to/TICWALL STRLLT JOURNAL Converting trash to energy, a promising development in an era of scarce fuel, faces a key test In Ohlo that could affect the fl - Dancing of billions of dollars of waste -recov- ery plants currently on the drawing boards. Trash handlers In Akron, In an unusual action scheduled for trial In federal court next month, will attempt to overturn a local law requiring delivery of all their garbage to the city. Without that trash, a steam -gen- erating plant opening there next fall may have trouble meeting projected revenue. That could affect the flow of cash backing S46 million of revenue bonds sold in 1976 to build the plant. "It's no longer garbage. It's fuel and it has value, and hat's what this case Is all about," sold William C. Brashares, partner in the Washington law firm of Cladouhos & Brashares. Mr. Brashares represents sev- eral trash haulers, landfill operators and a recycling company that are suing the city. Akron's law department said no one was ! available to comment on the case. The suit highlights one of the many legal and technical problems that have stymied rapid development of this potentially useful energy source. The General Accounting of. flee, in a report to Congress In February, Identified 131 solid -waste energy projects In 1 the U.S. Of those, 20 are In operation, 10 are under construction, 30 are being planned and 71 are In preliminary study. Energy Savings "If these 131 projects were to become operational by 1965, they could process a about 36 million tons -1675 of urban waste produced—and the nation could realize en- ergy savings equal to over IOD,000 barrels of a Oil daily," the GAO said. Financing he capital cost of plant con- a str ction has been a barrier to developing a the waste -to -energy systems. "prospective 1 economic return on Investments has been too low to attract equity capital," govern- a ment accountants said. That view Is echoed on Wail Street, s done In"Thse he tax-exempta as ea, difficult as said Robert q E. Randol, vice president, public finance, e for Smith Barney, Harris Upham & Co. The firm Is a consultant to New York, Mlaml, Fla., Tulsa, Okla. and others Investigating large-scale, garbage -fueled power plants, Few of the operating plants are self -support - Ing. Until they operate profitably, Invest- ment bankers will be hard pressed to gel Investors to bankroll the projects, Most systems have been financed by tax- exempt, long-term bond issues. But varia- tions from plant to plant preclude establish. Ing a single model for financing, the GAO said. to IJeveltrpment ' 1 don't see the resource•recovery Indus- try fully developed for Three to five years," said Charles A. Ballard, senior vice presi- dent at Dillon, Read & Co., which managed the Akion bond Issue. "Some major cities will raise funds In the next 12 months, but not In tremendous volume." While data on future financing Is hard to come by, government sources say new ion each: Plants More thin billion nffor the 101Of 0 Bprojected Planta. And that figure may be low, The Port Autherlty of New York and New Jer- sey. for example, Intends to put a garbage. fueled power plant on each of four industrial Lilies planned within the two states at a cost of f7 billion to attract manufacturing and create Jobe, On the West Coast, a single Plant for San Francisco is expected to cost SI00 million. Similar facilities are under study for Los Angeles, San Diego and three heavily populated counties, said John Hag• erty of California's Solid Waste Manage- ment Board, The six probably would be fi- nanced with bond sales by the California Pollution Control Finance7luthority. The Akron case raises a new element of uncertainty, however. "Akron could have an Impact," Mr. Hagerty sold. "We're watch. - ng the case to see haw the outcome might affect these projects." Sales of Steam Akron's plant has been financed with $46 million of revenue bonds Issued by the Ohio Water Development Authority, a state agency. Payment of the bonds Is backed by ales of steam, fees charged to dump waste. and sales of metals, glass and other recycle- bles. Under 25 -year contracts with B.F. Goodrich Co, and other customers, steam ales next year will account for 7675 of oper- ting revenue. lumping fees will produce 6% and sale of recycleables 675. Income must equal at least 150% of the nnual debt service on the bonds, That means raising dumping fees or rates on team as needed. "If the project falls to receive an ade- uale supply of solid waste ... project rev- nues could be adversely affected," the bond sale prospectus says. FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111[5 To assure a fuel suPPIY the contested or dinance was P=ly month before the bond sale. It requires all licensed rubbish haulers to dump solid waste at the plant. The suit, filed In February 1978, charges the city with depriving haulers of various rights under the Constitution, Among them are taking property without just compensa- tion, unlawfully attempting to regulate busi- ness, and Interfering with interstate com- merce. The city is expected to defend the ordi- nance under Its so-called pollee powers to Protect the public health and safety. Legal sources say the city can claim the project serves the public Interest by disposing of waste and creating needed energy. Other wastedo-energy projects have avoided a showdown with haulers using other methods to acquire rubbish. "The most common method Is by con- tracts with commuNdes or private compa. nies to assure supply over the long-term, "rather then by mdhtanoe," said Mr. Bras - hares. 903 Plaza Previews City of Iowa City, 410 E. Washington, Iowa City, Iowa 52240 (319)354-1800 This construction season promises to be an exciting timel Continued growth and development will mean a revitalized downtown area. So YOU will know what's happening in your downtown, the Plaza Preview is being published. The appearance of future issues will be keyed to developments and events in the downtown area. PARDON OUR PROGRESS Sidewalk superintendents will want to watch the progress of the construction activity in the Central Business District (CBD). Contracts for eleven urban renewal parcels have been executed with two more, the hotel site and the North Bay Construction, contracts being negotiated. Construction is complete on three parcels. Hawkeye Barber Stylist, 124 Clinton Street, College Block Partners (Bushnell's Turtle) in City Plaza, and Pentacrest Garden Apartments, West Court Street. i The Mod Pod office building at the SW corner of Dubuque and Burlington Streets, and Perpetual Savings and Loan's new offices at Clinton and Dubuque Street are under construction at this time. Construction on the five additional parcels is expected to start by mid -summer. You can watch the elderly housing project located at Dubuque and Court Street (Capitol States Associates); the First Federal Savings and Loan new offices at Dubuque and Court Streets; the new home of Anna's Place at Madison and Court; North Bay Construction's retail/office building at the corner of Dubuque and College and Old Capitol Center, bounded by Clinton, Washington, Capitol and Burlington Streets appear before your very eyes. In addition to the private developments in the downtown, the City will undertake six major capital improvement projects this summer. Two of the projects started last year, City Plaza and Capitol Street Parking Ramp, will be completed this summer. Four new projects will also begin: Streetscape II, a project to rebuild and improve Capitol, Clinton, and Washington Streets over a two year period; a second parking facility on Dubuque Street at Burlington; remodeling of the Old Post Office into a Senior Center; and constructing a new Library at the east entrance to City Plaza. You will receive more details on these projects in later publications. Johnson County will also be in the construction business. A public hearing advertising for bids on the new jail was held April 18. Architect Roland Wehner hopes to break ground on June Ist. CleanUP CAMPAIGN FOR IOWA CITY The Chamber of Commerce presented a major public awareness campaign to stop littering locally to the City Council at the April 5th informal Council meeting. Michelle Fisher, Chamber representative, told the Council that Iowa Citians will be attending a "Clean Community System" workshop sponsored by Keep America Beautiful later this month. This program hes resulted in major reductions in litter in communities throughout the country. Extensive community organization will follow the workshop. Systematic local litter surveys, a city wide cleanup and community education activities are planned, Fisher stated. The campaign is being organized by the Chamber and other civic groups including the Downtown Association and Project Green. University of Iowa and City officials are helping coordinate activities. Fisher feels the success of the program will depend on total community involvement. This program's goal to reduce litter in our community by 60 per cent complements the county's and the state's efforts to reduce litter in Iowa. gay MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES h1011IES COMPLETING CITY PLAZA City Plaza is nearly finishedl Watch the flurry of activity in City Plaza this spring as crews busily complete the final touches. Work on this two-year project is expected to be complete in early July. The contractor has approximately fifty working days remaining on the contract. Working days do not count weekends or inclement weather. Most of the work done last year was reconstructing complex sewer and utility connections underground. The projects that remain are visible above ground. For your enjoyment, greenies and growies will be planted this spring in the timber rail boxes throughout the 3� block pedestrian area. Pleasant Valley Nursery expects to begin planting trees and shrubs this month and finish in early June. Bricks will be laid store front to store front paving the concrete sub -street that winds through the Plaza to carry emergency vehicles. In three locations in City Plaza, kiosks will aid pedestrians. The word "kiosk" originates in Turkey and Persia where it is an open summerhouse or pavillion. In Iowa City these multi -sided buildings will contain a directory, drinking fountains, mail box, telephone and a bulletin board for public notices. Clusters of street furniture and trash receptacles designed to complement Washington Street are being set into position. Bike racks will be located at each entrance to the Plaza. CAPITOL STREET PARKING RAMP The completion of this parking facility at Burlington Street will expand available shopper parking in the CBD by 900 spaces. The $3.7 million facility designed by Carl Walker and Associates, Minneapolis, and constructed by Viggo M. Jensen Construction, Coralville, is expected to be ready to park vehicles by September 15. Which just happens to coincide with the HAWKS opening home football game. Parking spaces for 60 motorcycles and bicycles will also be located in the ramp. Vehicles can enter the ramp from Clinton or Capitol Streets. Exit may be made onto Capitol Street. Shopper parking will cost 25a per hour. WHAT ARE YOU DOING? We'want to report downtown development activities which the private sector initiates. Private and. public efforts are necessary to create a vital, attractive shopping area, so share your activities and ideas with others. Contact newsletter editor, Linda Schreiber, at 354-1800, Extension 310. WANT TO HEAR FROM US? We will be happy to mail a copy of Plaza Previews to you if you do not already receive it. Just complete and return the form below. PLEASE SEND PLAZA PREVIEWS TO: Name: Address: Return or mail this form to: Linda Schreiber, Development Division, Iowa City Civic Center, 410 E. Washington St., Iowa City, Iowa 52240. Camnlnity Redevelopmeet avk Center 410 E Washington Iowa City, Iowa 52240 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MoINtS 1!U!1 iL'19i U. S. POSTAGE PAID IOWA CITY, IOWA Permit No. 155 MICROFILMED By JORM MICROLAB rpk;: uq Pl!, �..,1 .101NII MATERIAL DISTRIBUTED AT INFORMAL DISCUSSION OF APRIL 30, 1979: Agenda of Lower Ralston Creek Neighborhood Citizens' Meeting Legislative Bulletin v Minutes of 4/4/79 of JCRPC's Program Development Subcommittee MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 14DIRES CITY OF. IOWA CITY 5 I CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.180D t TENTATIVE AGENDA LOWER RALSTON CREEK NEIGHBORHOOD CITIZENS' MEETING SABIN SCHOOL MAY 2, 1979, 7:30 pm 1. Introductions 2. Purpose of Meeting 3. Brief Description of the Small Cities Program * What is it? * What are our objectives?.' 4. Proposed Plan for Lower Ralston Creek Area S. Discussion 6. Conclusion/Adjournment For more information please contact Bruce Knight; Department of Planning and Program Development, Phone 354=1800'ext: 317. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES A'('(tN�ION AI.L LOWER RALSTON CREEK NrIQH5013900D RESIDENTS AV1 INFORMAL CITIZENS MEETtNc WLL lE NrELD WEDNESQQY MAY 2 ,1979 AT 7�30PM• IN of9r.-O WNRY SABN SCHOOL 4Werly of bWA% Clly "6 AppL►fV rom A, SMALL. e►rt►ws GR.A►-r juR&Au <gf, DEpA>qM".r Of NM6MI # I11284N V&VE.Wp9aW-- wM use. rm M 194 1NQgcVEMEN 6 aJ �CUE. X2".<gs R1apow. tf -rift 14=rk� * -lb =46cu66 -%g ypopo6r4fl fo,Spars wr% Abu, fl -To Lbw -m *or. WWEW'b4 ,MX6, Irkou Ur,\lr. W? QuE-15rjDJ46CALF.: Vmc,,kr OP -ME VEFIWT I!�E �4R�A1N►N4 �' SPAM WtRLCpM"rr 'IILROTIL111D O JO RM MICROLAB r _ �sGut0 RECEIVCL rt''" 2 11 1979 • 0 00 s Legislative Bulletin 900 Do`Moines lStreet Suite 100 Det Moine,, lows 50716 15161 2659961 April 23, 1979 Urban Revitalization Last week the House concurred in the Senate amendments to HF 81 and sent the bill to the Governor for his signature. Barring any unexpected developments this bill will become effective July 1. As passed the bill would allow a city which wishes to encourage the upgrading of deteriorating areas within its corporate limits to do so by authorizing a partial tax exemption on property improvements. It also allows the use of federally tax exempt industrial revenue bonds. Final Three Weeks of Session At this writing the leadership in both houses are still committed to May 11 as the date certain for legislative adjournment. Last week the House "dumped" the majority of its regular calendar and sent the bills back to committee until next year. Primary attention will be given ways and means and appropriation bills during the closing weeks. Several of the appropriation bills carry significant revenue authoriza- tion for cities for the coming beionnium. They are: SF 471 -- Municipal Assistance. The Senate has approved the bill and reinstated the original $13 million for each year of the biennium. The House has not acted on this bill. HF 742 -- Rural Development. In addition to numerous other appropriation authoriza- tions, this bill reinstates $250,000 for the first year of the biennium only for rural development projects. These projects would be for cities of less than 2,000 population. Each city would be'entitled to specific grants of revenue for community development projects, HF 738 -- D.O.T. Appropriation Bill. Contains $4 million in revenue for transit assistance. This would be for the biennium. There are several amendments on file that would increase this amount to $6 million for the biennium ($3 million each year as opposed to $2 million). HF 734 -- Natural Resources Appropriation Bill. Contains $9 million for the biennium for state's share (S percent) of waste water treatment facility grants. Other bills that are still alive that affect cities are: HF 669 - Committee bill -- Requiring a life cycle cost analysis for certain government construction projects. By Committee on Energy. SF 435 - Relating to the establishment of historical preservation districts in cities. (Companion to HF 681) HF 680 - Motion to reconsider by Junkins, Ago discrimination including the maximum age of employment in certain occupations, By Committee on Labor C Industrial Relations. HF 632 - Committee bill -- Relating to the issuance of bonds to be paid from the revenues received from a local hotel and motel tax. By Committee on Ways $ Means. IIF 662 - Committee bill -- Limiting the hotel and motel tax to a tax on sleeping accom- modations. By Committee on Ways $ Means. SF 489 - Committee bill -- Administration and benefits of certain public retirement systems. By Appropriations. HF 485 - Require fiscal notes on proposed logi'slation and administrative rules which impose increased expenditures. By Thompson. HF 650 - Partial property tax exemptions for industrial property on which improvements have boon made. By Committee on Ways 6 Moans. SF 252 - Committee bill -- Relating to municipal improvement districts. By Cities. SF 282 - Committee bill -- Amend city finance laws relating to the establishment of trust and agency funds. By Cities. (over) PIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES nol IIES ' -2- 1 HF 131 - Increase the maximum interest rate applicable to certain tax anticipatory warrants to six percent. By Evans, Hanson C Johnson. HF 732 - Committee bill -- To require that certain vacancies in elective city offices be filled by appointment only for the period until the next succeeding city election. By Committee on Cities; Krewson, Chair. SF 436 - Relating to the department of environmental quality's authority over public water supply systems. By Committee on Natural Resources. SF 264 - Relating to the administration and financing for elections. By Committee on State Government. HF 174 - Relating to the membership of the boards of adjustment of cities. By Johnson of Woodbury. SF 344 - Committee bill -- Access to and use of solar energy. By Energy. Hopefully, action can be completed on these before the session ends. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES I ® johnson county ® ® regional planning commission 40J®�/2aouth dubuque street, iowe city, iowo 52240 (319)351-8556 April 24, 1979 MINUTES Mort' C Neuhouser cm. -o. Emil L. Brandt E.ecumn G,eciv Program Development Subcommittee Wednesday, April 4, 1979 9:00 a.m. First Christian Church - Library Iowa City, IA .52240 1 PRESENT: Carol Spaziani (Chair), Graham Dameron, Bette Meisel, Linda Schreiber, Lloyd Turner STAFF: Pam Ramser, Emil Brandt GUEST: Mary Rogers Carol Spaziani called the meeting to order. She briefly explained the situation regarding funding of the human services program for FY '80. She said that the Iowa City City Council had agreed to provide $7,000 to the Regional Planning Commission to fund a half-time human services staff' position .and that the Commission would be providing $2,000 toward support.for this position. She said that the Johnson County Board of Supervisors had agreed to provide $3,000 to United Way to finance print- ing, mailing, andother activities regarding the joint funding hearings ' and for updating the Johnson County Services Index; she.said.that United Way.would contribute $1,080 in administrative support. Ms. Ramser said that contracts for this joint program had not yet been drawn up but that she would keep the subcommittee informed on the development of the pro- gram. Subcommittee members discussed several elements which had been included in the initial human service FY '80 program proposal but were not con- tained in ,the final funded program. Ms. Ramser said that she felt there would be some time to devote to elements outside the funded proposal, par- ticularly in late fall and winter of this year, after the conclusion of the joint funding hearings. The subcommittee briefly discussed a few activities which might be incor- porated into the program, to be carried out if time permitted after meet- ing of contract requirements. These were: - Work with agencies on goal and objective setting - Coordinative meetings between agencies and organizations (It was suggested that the Agency Directors' Luncheons might be used as a base for information -sharing and discussion on agency programs so that they would serve both social and coordinative functions.) (over) MICROFILMED BY JORM MICROLAB CEDAR RAPIDS-[)[,, '10It1LS 2) Program Dev. 4/4/79 - Development of contracts between funding bodies and relevant agencies for all locally funded agencies. The subcommittee asked Ms. Ramser to prepare a list of activities which were not funded for FY '80 and other activities which have been proposed or initiated recently for the next meeting. The subcommittee will devote part of the next meeting to determining priorities for activities to be engaged in during FY '80, as time permits. The report prepared by Mr. Chancey on his work with agencies on goal and objective setting was reviewed briefly. Ms. Spaziani asked Ms. Ramser whether she felt that the report provided enough information for her to carry on this work with agencies should time be available for this acti- vity. Ms. Ramser said that she felt that the report and examples of agen- cies goals before and after assistance provided a good background for someone to work with agencies in this area. She said that the report will be forwarded to funding bodies and others before the end of the fiscal year. A draft report on information and referral was reviewed by subcommittee members. They asked that several of the agencies responding to the survey conducted by human services staff be contacted again to verify some of the information provided. 'Ms. Ramser said that she would'do'this and provide a detailed summary of survey responses at the next meeting. The next meeting was scheduled for Monday, April 30 at 9:00 a.m.*. *This has since been changed to Wednesday, May 2 at 9:00 a.m. ..-..�P.- Ramser .. - FIICROFILMED BY JORM MICROLAB rEDnu 2APIDS•DES IIOIgCS MICROEIIMED BY JORM MICROLAB fillAP RAP!5�.ai 't01:4[ 1, INFORMAL COUNCIL DISCUSSION APIiIL 30, 1979 INFORMAL COUNCIL DISCUSSION: April 30, 1979, 1:30 P.M. in the Conference Room at the Civic Center. Mayor Robert Vevera presiding. COUNCILMEDIBERS PRESENT: Vevera, deProsse, Balmer, Roberts, Erdahl, Perret (1:40 PM). Absent: Neuhauser STAFFMEMBERS PRESENT: Ilelling, Stolfus, Dietz. Others present for certain discussions, as noted. TAPE-RECORDED on Reel 79-14, Side 2, 1562 -End, and Reel 79-15, 1-1138. .PPLICATIONS TO PLANNING AND ZONING COMMISSION: Boot roy F, Schmeiser present. Oakes Second Addition I. After minor changes, it will meet requirements of the stormwater management ordinance. 2. Comprehensive Plan shows Foster Road as continuous between Dubuque F N. Dub. Road. Comp. Plan Committee saw it as an east/west arterial or secondary for city traffic. It was suggested that Foster Road be discussed thru an area planning process. 3. There is sewer capacity for a small area to be serviced by gravity flow. The rest flows to the Rapid Creek watershed. A lift station would be needed to pump into existing sewer. Prel. Plat and Planned Area Dev. for IValdenwood 1. D.O.T.'s alignment for FV518 Is 200' from the property line. 2. Use of concrete or asphalt for private drives is still not resolved. Access to Rohret Road was questioned. Brachtel saw no problem with visibility. 3. Storm water detention is provided for by wet storage ponds. 4. Braverman requested a change in the ordinance which sets requirements for alleys; private drives have same traffic load as alleys. S. A majority of Councilmembers agreed with the Staff F Engineer's recommendation, as future maintenance might be up to the City, 6" PCC or 8" asphalt. Pepperwood-Revised Plat•and Planned Area•Dev. I. Density can -ie increase as proposed from 61 to 84. The question of Keokuk St. will be resolved before the approval of the final plat. The 58' drainage - way runs along northern portion of the property, $ down to the foot of the hill by the trailer court. 2. Closing of Taylor Drive and extension of Broadway are tied to expansion of commercial area (K -Mart) Dev. is not ready for channelized, signalized intersection for Broadway, this agreement is with Pepperwood Parts I f, If. When Southgate goes thru MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•OES 1101F1ES 1562 -End Page 2 to r'ew Gilbert, that will help traffic. Council Informal April 30, 1979 Procter f Gamble 1. This is a plant expansion. 2. Storm -water detention facility is adequate. Ralston Creek Villa e 1. Boot My calle attention to the memo from the legal department answering questions re City liability, in 4/27 packet. 2. Council was asked if they wanted to condemn or relocate the sewer. $81,000 to relocate. If the sewer is relocated, legal documents will need to be revised for inclusion of dedication of easements along Gilbert. 3. City Engr. Dietz recommended relocation. 4. A majority of Councilmembers agreed to proceed with getting easements for relocation of the sewer. liy-Vee Construction As Dietz memo cic not get printed, the discussion will be Postponed until next week. j NORTIiBAY CONST, CO. -NORM BAILEY-U.R. PARCEL Idj 1. ey review® artist s ren ®ring of d artiesigns. Therere will be a pal basement from the I back of the College Block Bldg. to alley. A 3' parapet screens the College Block Bldg. F, the air -conditioner. 2. The City will delay any sidewalk treatment until the building is in. 3. Consensus - Council is pleasedwith the design. BOAT RAMPS Milkman, Showalter, Riverfront Comm. members In Gilpin called attentilonbtos0 thememoon oofzexplanation in the packet, 4/27, critical to the future of the Riverfront Comm. 2. Milkman presented a drawing showing the road and parking. If gravel, $9,000 cheaper. 3. Boutelle stated that PFR does not support a boat ramp at Sturgis Corners; erosion issue, traffic, trash f, policing of area, problems noted. 4. Boutelle agreed that the Riverfront Comm. needed to implement part of the Stanley Plan, but questioned if .this issue is paralleling Parks F, Rec. efforts. They are opposed to a ramp Dt City Park 5. The good fishing is near the dam. Council discussed turning of boats F, cars off the Bypass. 6. Sites suggested included Terrell Mill. Park, and a site between the Burlington $ Coralville dams, and Crandic Park (Crandic is leased by the year.) 7. Two counciLRembers favored three ramps. 8. A majority of councilmembers favored Sturgis Corners. If maintenance is a problem, more employees can be hired. A majority favored asphalting the parking which will hold 11 cars and 4 cars T trailers. Other parking MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401nEs Tape 79-13 Side 1, 1-465 '_.:.1 Page 3 Council Informal April 30, 1979 can be provided, if necessary. However, the Conservation Commission will pay for only 1/2 if gravel is used, none for asphalt, so there will be $9,000 extra cost for City. UNIVERSITY OF IOIVA SPORTS ARENA Plastino, Dietz, Glaves, Brachtel, Emil Brandt JCRPC, and Dick Gibson, Ed Jennings, Univ. 1. Jennings presented the concept which will be developed into a firmer design, for the new sports facility. They attempted to solve space problems for both intercollegiate activities and campus recreational activities. 2. Ile gave an analysis of the sites considered, and reasons why site west of Dental Science building was chosen. 3. The facility would seat approximately 14,000, with parking in several areas totaling spaces for 2900 cars. If they could break ground this fall, it could be in use next fall. 4. A four -lane road will be built to connect with Woolf. It will intersect 6/218 about 400' from Rocky Shore intersection. A left turn lane was suggested. S. With the new road, 558 of the 708 of the traffic which now uses Grand Ave. for each event, will be diverted off Grand. 6. Jennings also outlined improvements contemplated for outdoor Recreation Space. 7. There were favorable comments from Councilmembers regarding site. S. Jennings presented information regarding single vs multi-purpose use, and use of theatre seats vs bench seats, and fund-raising. AGENDA 1. Informal discussion will be scheduled with Jack Neuzil, Showalter, and Univ. lits. representative for next week, re closing of streets by U. lits. 2. Belling requested permission for a trip by Minter, Stoddard, Daly to Kansas City. There were no objections. 3. lielling advised that a copy of the Legislative Bulletin would be ready as the meeting is Sat. morning. Meeting adjournod, 4:40 P.M. MICROFILMED BY JORM MICROLAB CEDAR RAPIDs•DEs FIDIMCS 465-1130 1130-11