HomeMy WebLinkAbout1982-06-08 Info Packet,'°)
City of Iowa City
MEMORANDUM
DATE: May 28, 1982
TO: City Council
FROM: City Manager
RE: Informal Agendas and Meeting Schedule
May
31, 1982
Monda
HOLIDAY - NO INFORMAL COUNCIL MEETING
June
7, 1982
Monda
4:30
- 6:45 P.M.
Conference Room
4:30 P.M. -
Discuss Zoning Matters
4:45 P.M. -
Discuss,Urban Fringe Issues.
5:00 P.M. -
5:15 P.M. -
Bicycle Traffic, 10 Block of East Washington Street
City-AFSCME Job
5:30 P.M. -
Evaluation Study
Dubuque Street Improvements
5:45 P.M. -
6:10 P.bl. -
Council agenda, Council time, Council Committee
'Consider
reports
appointments to the Riverfront Commission and
6:15 P.M. -
the Planning and Zoning Commission
Discuss Iowa -Illinois Francise
6:30 P.M. -
Executive Session
June
8, 1982
Tuesda
7:30 P.M. -
Regular Council Meeting
June
14, 1982
Monda
7:00
- 9:00 P.i•1.
Informal Council Meeting for Planning and Zoning
Matters
7:00 P.11. -
Discuss Four Area Studies
PENDING LIST
Discuss Cable TV Commission Recommendations
Transit Fare Policy
Evaluation of City Attorney
Evaluation of City Clerk
Compensation of City Manager, City Clerk, and City Attorney
Meeting with Riverfront Commission
Noise Ordinance Amendments
Melrose Court Improvements
Appointment to Board of Adjustment - July 20, 1982
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City of Iowa Citj ''
MEMORANDUM
Date: May 27, 1982
To: City Council
From: Cit Manager
Re: Evaluations and Additional Information
1. - Comments for City Council
Enclosed are comments which you requested from staff concerning City
Council activities. A time will be scheduled for discussion at an
informal session in the near future.
2. Follow-up to Evaluation of City Manager
a. Flow of information in a timely manner, specifically water line
to County Home. City ordinance provides that the size of water
main extensions "...required to serve any part of the City shall
be determined by the Director of Public Works." (Sec. 33-120)
The Manager referred this issue to the City Council because it
was recognized that the request represented a major policy
issue for the City Council.
In the future, I will schedule for informal discussion, before
scheduling on the formal agenda, issues which the City Council
has not previously discussed when there appears to be major
policy questions.
b. Budget Procedures, standardization of process
The City Council, City Manager and Finance Director reviewed
the FY82 budget process. The specific suggestions from that
meeting will be developed for discussion with the City Council
late in June or early in July. At that time the City Council
will consider and approve any changes.
c.. Review of Council Goals
A chart of Council goals will be prepared for the Conference
Room. A meeting will be scheduled for the City Council with
department heads prior to the City Council goal setting so that
we can review the status of City Council and department goals.
d. Participation of Staff at Informal Council Sessions
A memorandum will be sent to the department heads asking that
either the department head or the responsible staff person be
present at the appropriate time during informal sessions. The
City Council and the City Manager will cooperate to keep those
staff topics on a reasonable schedule.
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e. Staffing of City Manager's Office
While the three of us do turn out quite a quantity of work, at
this time we do not advocate additional personnel. However, we
are not anxious to assume an increasing level of or new
responsibilities. We have learned to cope and remain sane. In
addition, some projects which we would like to carry out are
permanently shelved. For example, on occasions we have talked
about and worked on the creation of periodic printed reports to
Iowa City citizens, an employee newsletter, and a staff
operations manual.
We will let you know before we suffocate under the workload.
f. Provide City Council with information concerning issues about
which City Council may be questioned, i.e., large number of
residential break-ins. This issue has been discussed with the
staff and a memorandum will follow.
g. Be more aggressive in supporting issues Council is in favor of
and staff may oppose and/or do not continue to support issues
which Council opposes.
Two issues were mentioned, i.e., small buses and the second
floor of the Senior Center. While I certainly understand your
position in this regard, the City Council should assess the
significance of timely, decisive decisions in such areas and
offer comments when action taken is not consistent with your
intent.
Also, the City Council should give careful consideration to
what message it wishes to convey to staff concerning
controversial issues.- The Council should determine how it will
create an environment in which there are incentives to the staff
for suggesting change or implementing cost cutting measures.
Enclosed are three pieces of information which were sent to you
earlier this year concerning small buses. It will be at least
another 60 days before UMTA reviews the small bus application.
If the Council wishes that other action be taken, please let me
know.
h. Evaluation Process
A draft of the evaluation process is enclosed for your
consideration.
3. Other Information
Enclosed is the City Manager salary survey and the 1975 employment
agreement. The salary resolution for the attorney, clerk and manager
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E. What three things should the City Council continue to do which
benefit the City:
a. To insist upon orderly planning and development of the
community, but place an increasing emphasis and attention upon
the development of a broader economic base.
b. Explore all funding possibilities, up to and including a "no
expansion of any service levels, so that financing can be found
for the new Wastewater Treatment Facility and construction of
the facility completed in a prompt and timely manner.
C. To review the budget process and budgetary administration. The
process should be reviewed regularly to ensure that a true
budget is presented to the public rather than a relatively
meaningless narrative and numerical summary.
d. To put an emphasis on downtown redevelopment and upkeep. An
active, vital downtown is the heart of a living city.
e. To ensure the continuance and strengthening of the powers of the
Design Review Committee. Form may be secondary to function, but
individuals should not be allowed to "trash up" our city.
f. Providing leadership for the whole city.
g. Cablecasting meetings, public sees them in action.
h. Hiring quality staff.
i. Being good listeners, and reponsive to citizen needs and
requests.
j. To seek out other governmental monies to supplement the City
budget.
k. Goal Setting - by annually reaching consensus on major goals for
the City, it has provided guidance for the public, staff and the
Council in its work throughout the year.
1. Cable TV Broadcast of Council Meetings - has increased the
general public's interest in the City government.
M. Work for consensus.
n. Honor past Council commitments.
o. Don't change direction after decisions are made.
p. Continue to allocate salary funds which enable Iowa City to
recruit and retain top notch professional and administrative
staff. A very high level of performance is demanded of staff by
the City Council, City Manager and Iowa City community, and
generally you get what you pay for.
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q. Continue to increase comment on the positive aspects of the
performance of City staff and the City Manager - positive
feedback can go as far, or farther than dollars in motivating
superior performance. Continue to exercise tolerance when
human errors are made by staff, and investigate the reasons for
errors thoroughly but humanely and with as little public
embarrassment as possible.
r. Continue to let the City Manager and staff administer all
personnel activities without undue interference by the City
Council. Personnel matters do not easily lend themselves to
discussion in a public forum, and it is often difficult to
convey the history of personnel actions in. public. It is
commendable that pressure from the Ctiy Council does not ever
enter into the hiring process, as political pressure does still
continue to be a problem in many public agencies and severely
impacts on hiring of the most qualified applicant. .
S. The City Council should continue to hold informal Council
meetings each week and formal Council meetings biweekly.
t. Council members should continue to meet with area legislators
to insure continuation of federal and state funds for necessary
city projects and programs.
U. The Council should continue to provide funding to maintain the
high quality of service provided by the City's public
facilities.
F. What three things should the City Council discontinue doing which do
not benefit the City:
a. Assuming that vocal special interest groups or individuals
represent the general governmental interests of the residents
of the community.
b. Granting individualized exemptions from zoning and building
requirements. Neither justice or equity is served by this
practice.
C. Tight control of uptown development and concentrate on the
general aspects of uptown development, rather than putting
their oar into types of structure designs; trees to be planted;
or bricks to be used in construction. Quite obviously they are
not qualified personally or professionally to make any but very
general judgements in regard to development.
d. Treating staff and commissions as the enemy. We may see the
issues from a more narrow perspective than the Council, but no
one cares more about the city than we.
e. Meeting every other week and go back to weekly meetings. Issues
that are placed late on the agenda do not receive the same
quality of attention and your energy level is down.
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Adding additional duties without increasing staff.
Paying so much attention to single-minded pressure groups, and
paying more attention to needs of the silent citizen who isn't
represented by a pressure group.
Need to be more aggressive in decision making; too much delay so
that additional data can be gathered. At times are too
courteous to each other in agreeing to delay decisions when
majority obviously is ready to decide.
Unwillingness to devote enough time for Council meetings when
needed. Late Monday afternoon meetings seem inconvenient for
many and Council members get tired early.
Review meetings schedule. If Monday afternoon is bad time to
meet then consider changing informal meeting to another after-
noon or evening along with changing the formal meeting to
another night.
Request that informal meeting be held in the Chambers so that
more seating is available. The Chambers could be rearranged
with a conference table for an informal setup.
Take note of staff time necessary to provide information and
screen out when necessary when a majority of Council does not
wish or need specific information.
City Council should discontinue requesting frivolous
information from staff as a delay tactic on politically
sensitive issues.
Raise major criticisms of staff to City. Manager rather than in
public meetings.
Avoid making decisions based upon "gut reactions" when informa-
tion for a more rational decision is available.
G. If you were a City Council member, what are the first three things
you would do that the Council is not doing now:
a. An active effort to institute a Municipal Development
Corporation, comprised of University and area business
representatives (no governmental officials) to formulate
proposals for economic development of Iowa City; to actively
solicit desirable business and manufacturing enterprises to
move to Iowa City; and to develop strategies and techniques that
might persuade new or expanding businesses to locate, expand or
relocate within the community.
b. One day per week to "getting on the streets" to visit the
restaurants; stores; and homes frequented or occupied by
citizens that are not representative of the socio/economic
strata, special interest or constituency groups that you
normally associate with or are popularly associated with.
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C. Employment of a producer; competent technicians; writers and
actors to stage the City Council show.
d. Visiting department heads and observing departments in action
(where appropriate) at the minimum of once a year. I'd want to
see what was going on myself and not depend on others to tell me
how facilities were being used. —
e. Attending each commission or board meeting at least one time a
year to get a feel for how the members functioned and to open
the lines of communication.
f. Having staff present on-site explanations where maps just do
not do the whole job.
g. Summarizing direction to staff and boards and commissions.
h. Listen to the boards and commissions that they have appointed as
advisors to the City Council.
i. Contact City staff on occasion to obtain answers to questions or
accurate information before raising issues at Council meetings
which result in Council packet memos.
j. A tighter rein on expensive capital improvement projects of
questionable value, such as Scott Boulevard. Completed
projects such as the Plaza and the Senior Center are good,
useful projects, but too big, fancy, and expensive for a city of
our size. They should have been done on a smaller scale.
k. Elimination of unneeded paper shuffler and pencil pusher
positions in the City. Concentrate personnel expenditures on
people who provide services to the citizens.
1. Lowering of•property taxes. This can be done, especially if you
concentrate on items j and k.
M. Try to get fellow Councilors to consider longer range planning
and goals.
n. Continue to regain confidence in staff's ability to conduct
collective bargaining. While a labor consultant is a valuable
tool for the Council and staff to use, and should continue to be
used, the consultant can only be as good as the staff, who under
the direction of the Council, guide and support the
consultant's actions.
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:&-City of Iowa City
MEMORANDUM
Date: March 8, 1982
To: City Manager and City Council
From: Hugh Mose, Transit Manager q
Re: Small Buses from Cedar Rapids
I have contacted Mr. Ray Bagley, Transit Manager for Cedar Rapids,
regarding the small buses they reportedly may be offering for sale.
According to Mr. Bagley, the City of Cedar Rapids currently has four small
buses which are used in their paratransit operation for the elderly and
handicapped. The Linn County Facilitating Transit System (LIFTS),
equivalent to our Johnson County SEATS, is in the process of taking over
the city paratransit service, and when this transition is complete the
four small buses presently used will be replaced.
Two of the buses are Mercedes, Model 3090, diesel coaches with lifts. The
seating capacity of these vehicles is 17. Cedar Rapids' experience with
the Mercedes buses has not been entirely satisfactory - parts are
expensive and hard to get, the buses are very noisy, the ride quality is
fair, and the seating capacity is low. However, fuel mileage is very
good - about 11 mpg. The buses have about 140,000 miles on them and are
reportedly in good condition.
The other two buses are Twin Coach 31 -passenger coaches, without lifts.
These vehicles have Detroit Diesel engines, Allison transmissions, air -
ride suspension, and air conditioning. Cedar Rapids reports favorable
experience with the Twin Coaches; fuel mileage is 8-9 mpg, and the buses
are in good condition mechanically, structurally, and aesthetically. The
buses have approximately 150,000 miles on them. (These buses are the same
type that we looked at last fall in Rock Island.) .
Mr. Bagley indicated that he thought the red tape required for the
procurement of the replacement buses would take approximately six months,
and that he would be selling his present coaches at that time. Although
he was skeptical about the use of small buses in line -haul service, he
thought the Twin Coaches would be more satisfactory than the Mercedes. He
also indicated that a short-term lease might be possible to give us a
chance to experiment with small buses. He refused, however, to speculate
on what Cedar Rapids might charge us for the coaches.
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Johnson County Council of Governments
410EVUl1iingtmSL bAuCity,bwfl4240
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Date: February 25, 1982
To: Iowa City Council, City Manager
From: John Lundell, Transportation Planner
Re: Council Referral - Local Match Required for Small
Bus Demonstration Program
If the City of Iowa City is selected by. the Urban Mass Transportation
Administration to participate in the New Bus Equipment Introduction
Program, the City will be required to provide at least 20% of the total
project cost. The City's proposal will approximately cost a total of
$220,000. This includes:
5 diesel powered small buses @ $40,000 each - $200,000
Farebox and radio @ $4,000 per bus - 20,000
TOTAL $220,000
Therefore our local match would be approximately $44,000.
The City has sufficient funds in the Mass Transit Equipment Reserve Fund
to provide this local match as well as the match for the Neoplan coaches
arriving this summer. The FY82 ending balance of the Transit Reserve. Fund
is projected to be $378,575. ,
Feel free to contact me with any additional questions you may have.
cc: Don Schmeiser
Hugh Mose
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Date: January 13, 1982
To: Iowa City Council and City Manager
From: John Lundell, Transportation Planner
Re: Small Bus Demonstration Program
The Urban Mass Transportation Administration (UMTA) recently
announced a new program called the New Bus Equipment Introduction
Program which is meant to test various bus design features in order
to assess the extent they improve fuel efficiency, reliability, and
reduced maintenance costs. The program announcement specifically
states that consideration will be given to applications involving
small buses.
The program will provide up to 80% of the capital cost of the
equipment and will also support test plan preparation, data
collection and analysis, evaluation, documentation, and
dissemination of information resulting from the program. UMTA
anticipates funding no less than five and no more than 20 vehicles
for any single applicant.
Unless directed otherwise, Hugh Mose, Transit Manager, and I will
begin preparing the "Letter of Interest" which must be submitted no
later than February 5. We will attempt to develop an innovative
project making use of diesel powered small buses in fixed route
service.
Should you have any questions, please feel free to contact me at 356-
5252. Thank you.
cc:- Don Schmeiser
Hugh Mose
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Draft of City Manager Evaluation Process
The City Council will conduct a yearly performance evaluation of the City
Manager. The evaluation will be conducted in April or May of each year
with a follow-up review to be conducted six months after the evaluation.
At least 30 days prior to the scheduled date of the evaluation, the City
Manager will schedule a time during an informal meeting in which the
Council and the Manager will agree on:
1. Information to be provided to the Council before the evaluation.
2. The process of the evaluation.
3. Whether the evaluation will be in open or closed session.
4. The nature of information, if any, which will be released if the
evaluation is held in executive session.
5. The work product or implementation of the agreement reached in the
evaluation.
Approximately six months after completion of the evaluation, the City
Council will conduct a follow-up review with the City Manager. The
purpose of the review is to assure that both parties are working together
in accordance with the results of the evaluation.
Compensation will not be a part of the evaluation. Compensation for the
City Manager will be determined by the City Council yearly on or before
June 15.
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special feature
supplement #2 to
newsletter
ICMA
February 22, 1982
Vol. 63, No.4
This Special Feature reports the preliminary returns from the most current
survey by ICMA's Municipal Data Service on the salaries of managers of
ICMA-recognized cities, chief administrative officers of counties, and
directors of councils of governments in the United States. At the time of
publication 1,539 cities (62% of those surveyed), 321 counties (63x), and
341 COGS (51%) had reported salaries for their manager, administrator, or
executive director. The responses are displayed in the following tables
by population group and geographic region.
Trends
The average salary increases for city managers, county administrators, and
COG directors are less than they were last year. The mean salary of all
city managers reporting (Table 1) rose 9.2% in 1981 compared with an increase
of 10.2% in 1980 and 8.1% in 1979• County administrators' salaries increased
3.1% in 1981 which is considerably less than the 9.6% increase in 1980 and
the 11.3% increase in 1979 (Table 2). COG directors are earning on average
7.07 more this year compared with a 7.6% increase in 1980 and a 6.4% increase
in 1979 (Table 3).
The trend toward smaller increases in salaries for city managers was found
in each region (Table 4). Managers in the Northeast, with a.mean salary of
$29.845. are earning 10.4% more this year, the largest percentage increase
of any region, compared with last year when their salaries rose 10.9%• In
the Nortn Central region salaries increased 6.1% compared with 8.6% last
year, bringing the mean salary to $35.967. Managers in the South earn a
mean salary of $33,813 and received an average increase of 9.3% compared
with a 9.4% increase last year. The mean salary for managers in the West,
$44,673, remains the highest of all regions and represents an 8.6% increase
compared with the 11.3% increase last year.
While the salary increases for all positions examined in this Special Report
are less than in 1980, some perspective is added by noting that the Consumer
Price Index for All Urban Consumers (CPI -U) which measures the price change
of a constant market basket of goods and services over time also increased
less in 1981 (8.9%) than last year (12.4%). Additionally, the salary increases
for the three positions when averaged over the past three years (9.2% for
city managers, 8% for county administrators, and 7% for COG directors) appear
less erratic than when viewed for each year individually. Apart from these
considerations, the lower salary increases this year reflect the nationwide
trend toward budget cutbacks at all levels of government.
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TABLE I
CITY MANAGERS' SALARIES AS OF JANUARY 1, 1982*
No. of
Population Cities 1st 3rd
Group Reporting Mean Quartile Median Quartile
TOTAL, all cities 1,539 $36,449 $27,548 $35,028 $43,500
500,000 to 1,000,000 2 77,761 ... ... ...
250,000 to 499,999 10 65,455 57,499 67,819 70,738
100,000 1
22 �O 249,999 45 58,957 52,655 59,340 64 612
5600 t5 9, -
1 .999 115 52,530 45,500 630 57,76 4
Z5,000 to 49,999 225 45,259 40,000 5,000 50,102
10,000 to 24,999 434 37,641 33,000 37,496 41,967
5,000 to 9,999 354 30,891 26,400 30,000 35,000
2,500 to 4,999 244 26,890 22,500 26,000 30,238
Under 2,500** 110 23,409 16,250 21,186 26,700
The salaries shown in this table are only for municipalities recognized by ICMA as
providing for the council-manager form of government.
The ICMA master file includes only those municipalities under 2,500 population that are
recognized by ICMA.
TABLE 2
COUNTY.CAO/MANAGERSI SALARIES AS OF JANUARY 1, 1982*
No. of
Population Counties 1st 3rd
Group Reporting Mean Quartile Median Quartile
TOTAL, all counties 321 $34,167 $25,571 $31,000 $40,225
Over 1,000,000 5 62,926 42,501 73,859 74,715
500,000 to 1,000,000 17 55,358 46,315 55,063 60,053
250,000 to 499,999 24 45,126 37,000 45,755 50,556
100,000 to 249,999 51 40,276 33,542 38,67 1 48,053
50,000 to 99,999 77 33,479 29,245 32,305 37:985
25,000 to 49,999 62 28,469 24,802 28,179 31,900
10,000 to 24,999 67 25,768 21,000 25,000 27,525
:
5,000 to 9,999 16 25,674 19,384 24,650 28600
2,500 to 4,999 1 18,500 ... 18,500 ...
Under 2,500 1 76,236 ... 76,236 ...
Salaries shown here are for all survey respondents indicating a Position of county chief
administrative officer.
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TABLE 4
CITY MANAGERS' SALARIES AS OF JANUARY 1, 1982` BY GEOGRAPHIC REGION**
' Region No. of
Population Cities Ist
Group Reporting Mean Quartile
Northeast
TOTAL, all
cities
247
$29,845
522,390
100,000
to
249,999
4
52.559
47,008
50,000
to
99,999
9
TABLE 3
37,888
25,000
to
COUNCIL OF GOVERNMENTS
DIRECTORS'
SALARIES AS OF
JANUARY I, 1982
10,000
to
24,999
80
311,997
30,290
5,000
to
9,999
67
27,025
23,375
2,500
to
No. of
31
21,254
18,000
Under 2,5004'**
Population
COG*
15,034
Ist
3rd
Group
Reporting
Mean
Quartile
Median
Quartile
TOTAL, all COGS
341
$31,047
$24,842
$30,000
$36,000
Over 1,000,000
18
53,387
46,450
55,560
59,366
500,000 to 1,000,000
33
37,274
32,258
36,192
41,864
250,000 to 499,999
68
34,643
29,500
35,258
38,952
100,000 to 249,999
129
29,097
24,878
29,272
33,000
50,000 to 99,999
52
25,833
20,500
25,000
29,325
25,000 to 49,999
26
22,950
19,464
22,500
26,682
10,000 to 24,999
7
23,100
19,130
23,000
25,142
5,000 to 91999
3
20,160
20,900
Under 2,500
5
24,880
18,600
26,000
27,125
TABLE 4
CITY MANAGERS' SALARIES AS OF JANUARY 1, 1982` BY GEOGRAPHIC REGION**
' Region No. of
Population Cities Ist
Group Reporting Mean Quartile
10,000 to 24,999
5,000 to 9,993
2,500 to 4,999
Under 2,500***
90
94
70
27
31,655
28,510
22,372
28,000
24,639
19,920
Median
$30,000
50,614
40,500
39,489
33.649
26,707
20,677
14,000
_,34,998
70,960
30,260
27,638
22,000
3rd
Quartile
$36,984
52,000
43,262
44,007
38,880
30,000
23,865
17,000
42,500
41,41/
34,253
31,925
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Northeast
TOTAL, all
cities
247
$29,845
522,390
100,000
to
249,999
4
52.559
47,008
50,000
to
99,999
9
43,405
37,888
25,000
to
49,999
25
41,423
35,250
10,000
to
24,999
80
311,997
30,290
5,000
to
9,999
67
27,025
23,375
2,500
to
4,999
31
21,254
18,000
Under 2,5004'**
31
15,034
11,895
North Central
TOTAL, all
cities
362
$35,967
$28,000
250,000
to
499,999
2
70,960
10,000 to 24,999
5,000 to 9,993
2,500 to 4,999
Under 2,500***
90
94
70
27
31,655
28,510
22,372
28,000
24,639
19,920
Median
$30,000
50,614
40,500
39,489
33.649
26,707
20,677
14,000
_,34,998
70,960
30,260
27,638
22,000
3rd
Quartile
$36,984
52,000
43,262
44,007
38,880
30,000
23,865
17,000
42,500
41,41/
34,253
31,925
25,584
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Region
Population
Group
South
TOTAL, all cities
250,000 to 499,999
100,000 to 249,999
50,000 to 99,999
25,000 to 49,999
10,000 to 24,999
5,000 to 9,999
2,500 to 4,999
Under 2,500***
West
TOTAL, all cities
500,000 to 1,000,000
250,000 to 499,999
100,000 to 249,999
50,000 to 99,999
25,000 to 49,999
10,000 to 24,999
5,000 to 91999
2,500 to 4,999
Under 2,500*''*
TABLE 4 (continued)
No. of
Cities
Reporting
Mean
1st
Quartile
Median
3rd
•
Quartile
538
$33,814
$26,000
$32,304
$39,947
6
63,683
54,824
65,172
67,819
16
56,716
52,645
54,471
61,640
27
51,725
44,960
50,604
57,637
65
41,172
36,551
40,685
45,216
175
35,699
31,46935,280
41,916
40,010
117
29,085
25,000
28,000
32,302
101
24,869
21,020
24,500
27,155 I
31
21,532
16,941
21,860
25,430
The salaries shown in this table are only for municipalities recognized by ICMA as
providing for the council-manager form of government.
These are U.S. Census Bureau regions. Northeast includes Connecticut, Maine, Massachu-
setts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont.
North Central includes Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri,
Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin. South includes Alabama,
Arkansas, Delaware, the District of Columbia, Florida, Georgia, Kentucky, Louisiana,
Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas,
Virginia, and West Virginia. West includes Alaska, Arizona, California, Colorado,
Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming.
*'+* The ICMA master file includes only those cities under 2,500 population that are
recognized by ICMA as providing for a position of professional management.
More on Salaries
A future Urban Data Service (UDS) Report will contain more detailed information on
manager and administrator salaries and will include similar data for 25 other municipal
officials. For information on UDS Reports or UDS subscriptions, contact Mona Saleh at
ICMA, 202/828-3600 or, after March i, 202/626-4600.
A complimentary copy of an individual list of manager/executive director salaries over
$30,000 will be mailed in mid-April to all ICMA Corporate Members.
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392
44,673
36,039
43,824
52,000
2
77,761
.••
•••
•••
2
20
65,269
63,488
58,746
64,279
i
65,064 -
52
56,054
50,400
56,305
60,000
88
48,423
43,217
48,704
52,080
89
42,711
37,399
41,916
46,962
76
36,137
33,000
36,352
40,000 •
42
33,209
28,315
30,114
34.900
21
39,875
28,005
38,500
49,092
The salaries shown in this table are only for municipalities recognized by ICMA as
providing for the council-manager form of government.
These are U.S. Census Bureau regions. Northeast includes Connecticut, Maine, Massachu-
setts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont.
North Central includes Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri,
Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin. South includes Alabama,
Arkansas, Delaware, the District of Columbia, Florida, Georgia, Kentucky, Louisiana,
Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas,
Virginia, and West Virginia. West includes Alaska, Arizona, California, Colorado,
Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming.
*'+* The ICMA master file includes only those cities under 2,500 population that are
recognized by ICMA as providing for a position of professional management.
More on Salaries
A future Urban Data Service (UDS) Report will contain more detailed information on
manager and administrator salaries and will include similar data for 25 other municipal
officials. For information on UDS Reports or UDS subscriptions, contact Mona Saleh at
ICMA, 202/828-3600 or, after March i, 202/626-4600.
A complimentary copy of an individual list of manager/executive director salaries over
$30,000 will be mailed in mid-April to all ICMA Corporate Members.
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A
EMPLOYMENT AGREEMENT
THIS AGREEMENT, made and entered into this 14 th day of
January 19 75 , by and between the City of Iowa City,
State of Iowa, a municipal corporation, hereinafter called the "City," as
party of the first part, and Neal G. Berlin, hereinafter called "Employee,"
as party of the second part, both of whom understand as follows:
WITNESSETH:
WHEREAS, the City desires to employ the services of said Neal
G. Berlin as City Manager of the City of Iowa City, as provided by
- _ Ordinance and Charter provisions of said City; and
- WHEREAS, it is the desire of the City Council to provide certain
benefits, establish certain conditions of employment, and to set working
conditions of said Employee; and
WHEREAS, Employee desires*to accept employment as City Manager'
i
of said City;
NOW, THEREFORE, in consideration of the mutual covenants herein
contained, the parties hereto agree as follows:
Section 1, Duties
City hereby agrees to employ said Neal G. Berlin as City Manager
of said City to perform the functions and duties of such office and to perform
isuch other legally permissible and proper duties and functions as the City
Council shall from time to time assign.
Section 2, Term
A. Nothing in this agreement shall prevent, limit, or otherwise
interfere with the right of the City Council to terminate the services of
Employee at any time, subject only to the provisions set forth in Section 3,
paragraphs A and B, of this agreement.
MICROFILMED BY
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B. Nothing in this agreement shall prevent, limit or otherwise
interfere with the right of the Employee to resign at any time from his
position with the City, subject only to the provision set forth in Section 3,
paragraph C, of this agreement.
Section 3, Termination and Severance Pay
A. In the event Employee is terminated by the City Council and
during such time that Employee is willing and able to perform the duties
of City Manager, then in that event the City agrees to pay Employee a lump
sum cash payment equal to 3 months' aggregate salary; provided, however,
that in the event Employee is terminated because of his conviction of any
illegal act involving personal gain to him, then, in that event, City shall
have no obligation to pay the aggregate severance sum desigmted in this
paragraph.
B. In the event the City at any time during the employment term
reduces the salary or other financial benefits of Employee in a greater
percentage than an applicable across-the-board reduction for all City
employees, or in the event the City refuses, following written notice, to
comply with any other provision benefiting Employee herein, or the
Employee resigns following a suggestion, whether formal or informal, by
the City Council that he resign, then, in that event, Employee may at his
option, be deemed to be "terminated" at the date of such reduction or such
refusal to comply within the meaning and conteMt of the herein severance
pay provision.
C. In the event Employee voluntarily resigns his position with the
City then Employee shall give the City 1 month notice in advance.
Section 4, Salary
City agrees to pay Employee for his services rendered pursuant
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hereto an annual base salary of $26, O00. 00 payable in Installments at the
same time as other employees of the City are paid.
In addition, City agrees to increase said base salary by $750.00
effective 6 months after the date of this contract and further review
Employees salary and benefits no later than July 1, 1976, 'compling
base salary increases from the basic salary figure of 526, 750.00.
Section 5, Hours of Work _
A. It is recognized that Employee must devote a great deal of his
time outside normal office hours to business of the City, and to that end
Employee will be allowed to take compensatory time off as he shall deem
appropriate during said normal office hours.
Section 6, Automobile
Employee's duties require that he shall have the use at all times
during his employment with the City of an automobile provided to him by
the City. City shall be responsible for paying for liability, property
damage, and comprehensive insurance and for the purchase, operation,
maintenance, repair, and regular replacement of said automobile.
Section 7, Moving Expenses
Employee shall be reimbursed, or City may pay directly, for the
expenses of packing and moving himself, his family, and his personal
property from Hanover, New Hampshire, to City, with said payment or
reimbursement to be agreed upon prior to execution of any contract to
perform such move and shall include costs of unpacking, storage costs
and insurance charges.
Section 6, Home Sale and Purchase Expenses ,
A. Employee shall be reimbursed up to the rate of $500.00 per
month to defray costs of interest and real estate taxes on New Hampshire
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residence until such time sale of Employee's New Hampshire residence
Is effected; however, in no case shall said reimbursement exceed the total
sum of $I, 800.00.
B. City shall reimburse Employee for expenses to cover costs of
one visit to City with Employee's wife for the purpose of purchasing a
residence.
Section 0, Dues and Subscriptions
City agrees to budget and to pay the professional dues and subscriptions
of Employee necessary for his continuation and full participation in national,
regional, state, and local associations and organizations necessary and
desirable for his continued professional participation, growth, and advance-
ment, and for the good of the City.
Section 10, Professional Development
A. City hereby agrees to budget and to pay the travel and subsistence
expenses of Employee for professional and official travel, meetings, and
occasions adequate to continue the professional development of Employee
and to adequately pursue necessary official and other functions for City,
including but not limited to the Annual Conference of the International City
Management Association, the state league of municipalities, and such other
national, regional, state, and local governmental groups and committees
thereof which Employee serves as a member.
B. City also agrees to budget and to pay for the travel and
subsistencA expenses of Employee for short courses, Institutes, and
seminars that are necessary for his professional development and for the
good of the City.
Section 11, Vacation, Sick and Military Leave
A. Employee shall be credited with 30 days of sick leave. There -
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after Employee shall accrue sick leave at the Same rate as other general
employees of City and the City Manager shall be entitled to 3 weeks of
vacation after -1 year of service.
B. Employee shall be entitled to military reserve leave time
pursuant to state law and existing City policy,
Section 12, Disability, Health, and Life Insurance
A. City agrees to continue in force and to make required premium
payments for Employee for insurance policies for life, accident, sickness,
disability income benefits, major medical and dependent's coverage group
insurance presently covering Employee and He dependents, amounting to
approximately $l, 000, 00 annual premiums.
B. City agrees to provide hospitalization, surgical, and compre-
hensive medical insurance for Employee and his dependents.
Section 13, Retirement - Deferred Compensation Plan
A. In addition to the base salary paid by City to Employee, City
agrees to continually set aside an additional sum equivalent to 10 per cent
(10%) of the base salary, as deferred compensation, which, in equal
proportionate amounts each pay period shall be credited and paid into a
"Deferred Compensation Account" to be established with the City Treasurer.
Such deferred compensation plan will be administered as consistent with
provision of the IRS and ICMA Retirement Plan as set forth in a separate
agreement to be executed by all parties concerned.
Section 14, Normal Retirement System
Employee shall be covered by the normal City retirement system
in the category of City Manager.
Section 15, Other Terms and Conditions of Employment
A. The City Council shall fix any such other terms and conditions
I MICROFILMED BY
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of employment, as it may determine from time to time, relating to the '
performance of Employee, provided such terms and conditions are not
inconsistent with or in conflict with the provisions of this agreement, the
City Charter, or any other law.
B. All provisions of the City Charter and Code, and regulations
and rules of City relating to vacation and sick leave, retirement and pension
system contributions, holidays, and other fringe benefits and working con-
dations as they now exist or hereafter maybe amended, also shall apply to ; 1
Employee as they would to other employees of City, except as herein 1
provided.
Section 16, General Provisions
A. The text herein shall constitute the entire agreement between
the parties. _
i
B. This agreement shall become effective commencing February 1.
1975.
C. if any provision, or any portion thereof, contained in this .
agreement is held to be unconstitutional, invalid or unenforceable, the
remainder of this agreement, or portion thereof, shall be deemed 1
severable, shall not be affected, and shall remain in full force and effect.
IN WITNESS WHEREOF, the City of Iowa City. Iowa, has caused
this agreement to be signed and executed in its behalf by its Mayor, and
duly attested by its City Clerk, and the Employee has signed and
i
executed this agreement, both in duplicate, the day and year first above i
written. !
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IOWA CITY, IOWA
f
By:
May
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al C. Berlin. Employee
ATTEST:
City Clerk
(Seal)
FMICROFILMED BY
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Date: May 27, 1982
To: Iowa -Illinois Franchise Study Committee J%
From: City Manager ((//
Re: Iowa -Illinois Franchise Election
f
Enclosed is a memorandum from the Deputy City Clerk concerning the
scheduling of an election for the Iowa -Illinois franchise. The position
of Iowa -Illinois is that in order to be eligible for the special incentive -
streetlight rate, the franchise must be approved two years prior to its
expiration. The electric and gas franchises expire on October 8, 1984.
t
So that the Council will be able to discuss this matter, I have scheduled I
time at the informal Council session of June 7, 1982.
bdw/sp
cc: Dale Helling
City Council✓
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City Of Iowa City
MEMORANDUM
DAT11 May 27, 1982
TO: City Manager
FROM: Deputy City Clerk n)w
1E: Franchise Election
As per Sec. 39.2.1, the election must be held on a Tuesday. Several
dates have been suggested and problems do exist with a number of
them. Originally the date of October 5th was mentioned. Canvass would
be October 8th, and then it would still have to be accepted in writing
by the utility. Not only were we not sure we could wait this long but
the Elections Officer informed us that the October 5th date was not
acceptable because of the general election and the workload already
scheduled for October and November.
The School Board is having an election September 14th. The possibility
of combining the two was mentioned. However, the Elections officer
pointed out this was not feasible because the schools do not use all
of the election machines and the City election would require setting
all of them.
After discussing other dates with the elections officer,and her checking
with Tom Slockett,two alternatives were suggested. 'One, holding the
election on August 10th (anything earlier conflicted with the set-up
required for the other elections) or, two, holding the election with
the general election in November. If the election would be held on
August 10th, the City would have to incur total cost of approx. $7,000.
The City must notify the Commissioner of Elections at least 30 days
in advance of the proposed date of election (Sec. 47.6.1 and 376.1) and
this would include the wording for the measure. For August 10th, '
this would be July 9th. Notice of election and ballot are published
under 49.53, the not more than 20 or less than 4 days provision. Chapter
364.2 outlines the provisions for a valid petition, or statement by Council
on its own motion. So Council would have to set a date by a motion, at a
formal Council meeting. This would mean setting the date on July 6th,
and forwarding the request to the Johnson County Commissioner by July 9th.
If the election were to be combined with the general election in November
several cost saving measures could be utilitized. Precinct workers would
already be there, and combined with publication and printing costs,
set-up and transportation charges, savings could be approx. $5,000. We
should contact the City Attorney about the November date, this could be
too late.
It should be mentioned that August 24th was discussed as a possible
compromise and was not acceptable to the elections office. The University
will not be in session until August 25th, and the earlier date of August
10th could affect student involvement.
MICROr1LMED BY
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CEDAR RAPIDS • DES M014ES
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City of Iowa Cif;
MEMORANDUM
Date: May 26, 1982
To: City�uncil
From: City' nager
Re: Tree Ordinance
Questions have been raised about compliance with the tree regulations for
Kirwan's Furniture and the Village Inn Pancake House. Enclosed is a
memorandum from Glenn Siders which discusses this matter.
The zoning ordinance staff review committee will consider these issues.
Any suggested changes will be included in the tree regulations which will
be a part of the zoning ordinance recommendations.
cc: Bob .Jansen
Mike Kucharzak
Glenn Siders
Don Schmeiser
bj2/4
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City of Iowa Cit;
MEMORANDUM
Date: May 12, 1982
D 2
To: Mike Kucharzak
From: Glenn Siders A6 _
Re: Tree Ordinance
Mike, at the direction of the City Manager I am generating this correspon-
dence to clarify compliance and non-compliance with Kirwan's Furniture
located at 1550 First Avenue and the Village Inn Pancake House located at
9 Sturgis Corner and also incorporate several difficulties with the Tree
Ordinance.
As was previously identified in an April 14, 1982, memorandum, it is my
Position that both the Kirwan's store and the pancake house are in
compliance with the Iowa City Tree Ordinance. As you are well aware there
are several difficulties with implementing the Tree Ordinance and to
assure 100% compliance and non-compliance.
One particular problem that has occurred is the enforcement of the
ordinance with respect to field staff identifying that the spacing and
species of trees are in fact what was specified on the drawing. The only
staff person knowledgeable to assist in the field review would be the City
Forester. The City procebures.presently do not require City Forester
participation and concurrence for compliance. As you are well aware the
Planning and Programming Department interprets the Tree Ordinance in
regards to parking areas, to entirely encompass all stalls where, in fact,
it is the Building Inspector's interpretation that a stall must simply be
i
within the 40 or 60 foot radius dependent on the code requirement for a
small or large tree. A minor movement of one foot or two foot in the
actual planting of a tree where you have very large yard or island space
could, in fact, take the project that was in compliance on the drawing and
Put it in non-compliance in actuality in the field.
Another particular problem encountered with the Tree Ordinance is the
verification of the species of tree and the size requirements. Asyou are
aware it is the Building Inspector's interpretation that there are no
irequirements for sizing or species primarily because the "recommended
tree list" is merely that, a recommendation, and was never incorporated or
made part of the ordinance, nor was the list of recommended trees
published at the time the ordinance was adopted.
i
Another difficulty with the Tree Ordinance is in the construction of the
ordinance itself. There are many, many referral sections and subsections
that may or may not be applicable in a given situation. Many times
throughout the Tree Ordiannce one regulation triggers another or just the
Opposite occurs where something may be exempt because it is not
specifically addressed by ordinance. I believe a rewrite of the ordinance
should be considered so that developers in Iowa City, Des Moines or Tulsa,
Oklahoma, can design for Iowa City construction. In short, we need an
ordinance that is readable and simple to interpret.
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In conclusion, some may argue that Village Inn, Kirwan's Furniture or
Wendy's do not comply with the Tree Ordinance because there are too few
trees, trees planted are too small, or trees are of the wrong variety; for
the reasons stated in this memo, I believe the above-mentioned projects
are in compliance. 'If others disagree with the intent of the Code, let's
rewrite the code language to clarify the intent.
If you or the City Manager would require more specific information please
do not hesitate to contact me and I will attempt to provide it to you.
Thank you very much.
bj/sp
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CITY OF IOWA CITY
CHIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5CCO 1
May 21, 1982
Neal Berlin, City Manager
City of Iowa City
410 E. Washington St.
Iowa City, Iowa 52240
Dear Neal: i
I
This is to inform you that I am resigning as Energy Program
Coordinator effective June 4, 1982, to take the position of Energy
Coordinator for the City of Saint Louis, Missouri. I am looking
forward to the challenge and great opportunity of that position.
I think Iowa City is to be congratulated for having made the
commitment to reduce its energy costs. There have been many
disappointments and frustrations in the process of doing that
because it has been a learning experience for all of us. But much of
the work is done and the savings. will be evident during the next
winter and will benefit the City for many years to come.
Of course, I am disappointed that the decision was made to cut the
program back while there are many things yet to be done. However, I
do appreciate the City Council's and your decision to see the
existing program out to a successful conclusion. `
Thank you for the opportunity to have worked for the City. I and my
family are sad to leave the community and we hope that we have
contributed to making it an even better place than when we came.
Sincerely,
Roger Tinklenberg
Energy Program Coordinator
bj5/24
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CIowa Department of Transportation
* 800 Lincoln Way, Ames, Iowa 50010 515/239-1111
1*0
May 21, 1982
Mr. Neal G. Berlin
City Manager
City of Iowa City
410 E. Washington Street
Iowa City, IA 52240
Dear Mr. Berlin:
Ref. No Johnson County
F-6-7(22)--20-52
I was pleased to meet with you and the city council recently to
discuss the proposed project on Benton Street and Riverside Drive.
I appreciate hearing your concerns about this project, but after a
detailed study we must maintain our original position on both issues.
Our proposal for Benton Street is based on maintaining the present
pavement by performing minor work on the surface to restore the
original crown in the roadway. This would greatly improve this
section. Milling the center 25 feet of the road to correct the
crown and resurfacing with one and one-half inches of asphalt would
cost an estimated $5,000. It would cost an estimated $34,000 to
replace the center 25 feet of Benton Street with new pavement, an
increased cost in the project of $29,000. We have no objection to your
proposal for Benton Street, but we will limit our participation to
$5,000 for the project. It may be more cost effective to the city to
replace the existing pavement if the proposed sanitary sewer project
is constructed on Benton Street.
No additional construction costs would be anticipated if the fifth -
lane design is used on Riverside Drive. The cost per square yard to
construct a paved median (raised with concrete curbs) is the same as
standard pavement, so no additional costs are anticipated for the
project.
However, this department does not support the construction of the fifth -
lane. The raised median concept on Riverside Drive is a safer design
than the fifth -lane proposal. The raised median reduces traffic conflict
and congestion, controls access, and limits left turns to street inter-
sections only. The construction of a fifth -lane will have a detrimental
effect on safety since traffic will travel faster through this area
after Riverside Drive is improved. If the city decides to construct the
fifth -lane and this later proves to be inadequate, there will be additional
investment needed to assure the safe movement of traffic through this area.
These additional costs will have to be provided by the. city.
Camml„ loner,
Barbara Dunn C. RURer Fair Dirrel Remink Ruben R.Ingler Auatln R,turner Del Van MOM Dermis W. Voy
M, Mdnea OAMnpon Sioux Center NOW Hampton Coming leffeoon Maquoketa
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Mr. Neal G. Berlin
May 21,1982
Page 2
The request for a pedestrian activated signal is reasonable. However, we
recommend waiting until pedestrian volumes warrant separate signals because
of traffic phasing problems, longer delays and other factors. We do not
intend to deemphasize the importance of pedestrian safety, but these signals
could be added very easily at a later date when the need is more apparent.
If you would like more information about this project, please contact me.
Sincerely, <'
Warren B. Dunham
I
Director
WBD/bas
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City of Iowa Cit''
MEMORANDUM
Date: May 24, 1982
To: Neal Berlin and City Council
From: Chuck Schmadeke 67/,j,
Re: Dubuque Street Reconstruction
Attached are memos from Frank Farmer, City Engineer, and Jim Brachtel,
Traffic Engineer, concerning the proposed reconstruction of Dubuque
Street from Washington Street to Iowa Avenue.
Also included is a drawing showing the existing 51 foot pavement on
Dubuque Street narrowed to 34 feet only at the intersections of Iowa
Avenue and Washington Street. This option is discussed in Jim Brachtel's
memo and represents a compromise between the 41 foot paving alternative
and the 51 foot paving alternative.
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Attachments
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City of Iowa Cit,
MEMORANDUM
Date: May 11, 1982
To: City Manager and City Council
From: Frank Farmer, City Engineer
cr.
Re: Sidewalk Vaults on Dubuque Street from Washington Street to
Iowa Avenue
There are twelve (12) sidewalk openings on the west side of Dubuque Street
from Washington Street to Iowa Avenue. Ten (10) of the a vaults for
entrances to the basement area and two (2) are old coal 's• Following
are estimated costs to either rehabilitate or remove the openings:
Businesses
Rehab
Remove
*Best Steakhouse vault
$4,525
-
*Felix & Oscar's vault
2,447
$2,434
*Catherine's
2,107
1,708
***Paul's Heroes
-
1,046
*Mickey's vault
2,925
2,548
**Comer's Pipe Shop
2,371
1,654
***Bicycle Peddlar's
(coal shoot)
-
998
**Dean's
2,818
1,695
*Mott's Drug vault
2,474
1,819
***Mott's Drug
(coal shoot)
-
998
**Discount Records
3,260
2,461
*Myer's Barbershop vault
3,075
3,750
*Use and want vault or entrance to remain.
**May or may not want vault or entrance to remain.
***Do not use and do not want vault or entrance to remain.
Ato last crs and tenants,
cording
eabove',den to whether �they on �intend othe vaults or e the asterisks,
eliminated or rehabilitated. ntrances to be
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The Best Steakhouse vault top was recently rebuilt and is in good
condition. Rehabilitation of the Best Steakhouse vault top would be
necessary only if Washington Street is narrowed to 41 feet in width to
allow for amenities and it is assumed that rehabilitation of that vault
top would be at the City's expense:
Various options for funding the vaults' rehabilitation or removal are: 1)
assessment of vault and/or sidewalk rehabilitation, 2) property owners
agree to pay a set percentage or amount of rehab or removal costs and the
City pay remaining costs (problems if not all property owners agree), and
3) City pay entire cost to rehab or remove vaults. All sidewalk vaults
and entrances in the urban renewal area, directly south of and adjacent to
this portion of Dubuque Street, were either removed or rehabilitated at
the City's expense with no costs passed on to the property owner.
Engineering recommends that amenities other than streetlights and trash
receptacles not be included on Dubuque Street unless the street width is
narrowed to 41 feet in width, and will proceed with design and implemen-
tation of the Dubuque Street improvement project from Washington Street to
Iowa Avenue upon direction from the Council as to street width, status of
vaults, and amenities.
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City of Iowa City
MEMORANDUM
Date: May 7, 1982
To: Charles Schmadeke, Director of Public Works
From: James Brachtel, Traffic Engineer
Re: Urban Renewal Design of the 10 Block of South Dubuque Street
At the direction of the City Council the Traffic Engineering Department
has conducted a series of volume counts at the above -referenced location.
The results of this survey are tabulated below.
Date/Day Northbound Southbound
25 April/Sunday 910 1,400
26 April/Monday 1,690 1,900
27 April/Tuesday 1,730 1,930
28 April/Wednesday 1,640 2,080-
29 April/Thursday 1,710 2,310
23 April/Friday 1,950 2,470
24 April/Saturday 1,630 2,410
The traffic volumes measured by these counts can be adequately handled by
either 41 foot or 50 foot paving width. The 51 foot paving provides an
additional 10 foot of paving for maneuvering around vehicles which are
double parked.
41 FOOT PAVING
The advantage of.41 foot paving is the opportunity to provide streetscape
amenities along the street. These amenities would give a visual tie to
the walking mall. Short term metered parking would be left intact.
The disadvantage of 41 foot paving is the loss of maneuvering space around
double parked vehicles. At the present time there are no loading zones
for commercial vehicle access. All commercial vehicles double park in the
driven lane to load or unload. Some additional congestion will be created
if the paving width is reduced to 41 feet and no curbside loading zones
are added.
51 FOOT PAVING
The advantage of the 51 foot paving is the continuation of present traffic
operation. Commercial vehicle delivery is accomplished with some traffic
congestion. Some private auto loading and unloading is accomplished by
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double parking. Maneuvering into parallel parking stalls creates minimal
disruption to the traffic stream.
The disadvantage of the 51 foot paving is the lost opportunity to provide
continuity to the walking mall. This block of Dubuque Street could be an
addition to and an enhancement of the pedestrian orientation in the City's
Central Business District.
CONVERSION TO ONE-WAY TRAFFIC
Local Implications:
The advantage of converting Dubuque Street to one-way operation and
maintaining parking on both sides is the ability to narrow Dubuque Street
to 41 feet and still maintain the traffic flow-loading/unloading mixture
that presently exists.
This scheme would create two functional problems. Many drivers would
experience difficulty in parallel parking their vehicles on the "wrong"
side. This difficulty would result in additional side friction and
congestion. In addition to increased congestion a driver departing from a
parallel stall on the "wrong" side would have almost no sight distance to
the rear when he re-enters the traffic stream.
A second difficulty could rise from double parked cars. With the City's
present code and its enforcement, a vehicle could double park in either
the left or right hand driven lane, as long as there was an empty lane to
his side. Two or three double parked vehicles which randomly double park
at their convenience could create a maze effect for the traffic stream.
Through moving traffic would have to "slalom" down Dubuque Street.
System Implications:
The volume counts reveal that northbound traffic comprises an average of
45% of the total weekday traffic volume. If Dubuque Street was made one-
way southbound, the north-destinated traffic would be displaced to either
Clinton Street or Linn Street. The mid -block links could carry the
additional traffic. The principal impact would be noticed as increased
congestion at the intersections along Iowa Avenue and Jefferson Street.
Circulation patterns in the CBD would be affected by a one-way scheme, the
most notable impact would likely be at the intersection of Linn Street and
Iowa Avenue. If the majority of circulation were shifted to Linn Street,
delay on Iowa Avenue would be aggravated.
Circulation patterns external to the CBD could be impacted. If northbound
traffic is destinated to a point in the north of the city; some vehicles
may choose to continue east to Gilbert Street and then north on Gilbert
Street to Church St. This promotion of traffic in the near northside
neighborhood would likely be viewed as undesirable.
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Southbound traffic could view the one-way link as a shorter, more
convenient path to the City's parking ramp facility and choose to pentrate
the CBD rather than use the peripheral Market/Jefferson to Gilbert Street
path when approaching from the north. This additional penetration reduces
the City's efforts toward pedestrian orientation in the CBD.
If Dubuque Street were made to be a one-way northbound, it would be
implemented against the natural traffic patterns as demonstrated by the
traffic counts. It would heighten a natural circulating pattern around
the block bounded by Clinton - Washington - Dubuque - Iowa and might
promote more vehicular "cruising" in the CBD.
The one-way alternate appears to gain no great advantage and, in fact, may
create certain disadvantages.
POSSIBLE COMPROMISE
The 41 versus 51 foot question centers upon a desire to create an area for
the additional streetscape amenities versus the desire to provide loading
and unloadingactivity in the driven lanes. Both of these objectives can
be achieved to some degree by varying the curb line.
If a 41 foot or less cross-section were used for the northern 50-80 feet
of Dubuque Street, plantings could be placed at the northern end of the
block. This would create the appearance of continuity in streetscape
treatment for traffic approaching the CBD from the north. Widening to 51
foot could be screened by low-level plantings. The insertion of mid -block
"humps" would trade away some parking stalls (three to four) and allow for
the placing of bike racks, benches, etc. The City has received requests
by merchants to improve the loading/unloading access in this block. The
Bicycle Peddlers has requested that the existing bicycle parking in front
of its location be improved. This improvement could be made by
constructing a "hump". Bicycle parking could then occur out of the way of
parking vehicles and passing pedestrians.
The design of -Dubuque Street can achieve, to some degree, the desires of
both concerns if some compromise is made to both objectives.
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TRASH RECEPTACLE, ,
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WASWNGTON ST TO IOWA AVE.
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PARKING METERS,
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WASHINGTON ST TO IOWA AVE,
STREETSCAPE IMPROVEMENTS
WY 20. 1442 LAT.
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City of Iowa Cit'
MEMORANDUM
Date: May 19, 1982 /1
To: Neal Berlin, City Man/ager G ,�
From: Chuck Schmadeke (-- .
Re: Scott Boulevard Oiling
The oiling of Scott Boulevard from Court Street to Lower West Branch Road
will require surface preparation beyond what is normally required for dust
control.
Unstable soil, poor drainage, a water table close to the surface, and an
increase in traffic volumes will necessitate the following work:
I. Regrade the ditches to provide positive drainage;
2. Remove vegetation from the shoulders and grade the roadbed to produce
a five inch crown;
3. Add sufficient road stone to stabilize the roadbed;
4. Prime the surface with MC -70 (road oil) at the rate of three -tenths
of a gallon per square yard;
5. Seal the surface with MC -3000 (road oil) at the rate of three -tenths
of a gallon per square yard and spread three-eighths inch chips at
the rate of 30 pounds per square yard.
The estimated cost of this work is $13,500 and the end result will be a
dust -free, 20 foot wide, chip seal roadway with an expected life of three
to four years.
The cost of applying MC -3000 (road oil) for dust control only would be
$3400 and would have a life expectancy of one to two months.
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Bicyclists of Iowa City, Inc.
POST OFFICE BOX 846
IOWA CITY. IOWA 52244
April 14, 1982
Ms. Neuhauser and the City Council
The Civic Center
Iowa City, Iowa $2240
Dear Councilpeoples
1 9 1982
Last summer BIC (Bicyclists of Iowa City) renewed its active inter-
est in procuring a safe and legal method of bicycling from Clinton
to Capitol westbound on Washington Street. As the Transit Inter-
change now exists there is a ban on westbound bicycle traffic on
Washington between Clinton and Capitol Streets. Discussions with
Hugh Nose the transit manager, Jeff Davidson the assistant trans-
portation planner, Jim Brachtel the traffic engineer and informat-
ion obtained from bus drivers themselves all show that conflicts
between busses and bicycles are not (and will not) be a problem.
The reasoning is that marry bicyclists are illegally travelling
westbound now and legalizing the usage will not affect the safe
movement of those bicycles.
In October 1981 a discussion in•informal City Council session re-
sulted in bring up the issue of the City's liability should a bus/
bike collision occur. It was agreed that the legal or illegal
presence of bicycles would probably not make any difference in the
outcome of a lawsuit. Nonetheless the feeling of Robert Janson the
City Attorney was that liability would be somewhat greater if the
bicyclists presence were permitted and a collision occurred'.
Mr. Janson also stated that it would be "necessa* to provide a bike
lane and appropriate signing to fulfill its (the City's) high duty
to provide a safe condition for the bikes." There is considerable
-Serving Bicyclists Throughout Johnson County"
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evidence that bike lanes on normal city streets frequently create
more dangers than they remove ( See John S. Allen, The Complete
Book of Bicycle Commuting, Rcdale Press, Emmas, PA. 1981 and 'John
Forester, Effective C cli Custom Cydle Bitments, Sunnyvale, CA.
1981). I quote from Forester's book:
"95.59 of car/bike collisions are caused by turning and
crossing movements. Bike lanes and sidepaths make about
50% of these more difficult and dangerous, and don't re-
duce the rest. Bike lanes and sidepaths are intended,
supposedly, to reduce car/bike rear end collisions on
straight roads, which constitute only 0.5% of total car/
bike collisions."
It is because bike lanes and sidepaths are often more dangerous
than street riding that BIC opposes the use of them and "Bicyclist
use sidewalk" signing in Iowa City generally and for the 50 feet
of the Transit Interchange in particular.
This leaves "appropriate signing" to consider. Bus drivers using
the interchange have found that the real danger to westbound traffic
comes from busses on the south side of the island merging with the
rest of the westbound traffic on the other side of the island. And,
as a result, have adopted a policy of stopping at the west end of
the island and proceeding with caution. It seems appropriate, as
I think - John Lundell suggested, that a "Caution" or "Stop" sign
be installed at that spot to warn bicyclists of a possible danger
from merging busses. A sign would absolve the city of its liability
and the safety of bicyclists would be increased since we would no
longer be forced to drive our bicycles westbound on Burlington Street
nor on the pedestrians' sidewalks.
The final objection Mr. Janson has deals with the wording of the
City Code as follows3 "Every person riding a bicycle on a road-
way shall ride as near to the righthand side of the roadway as
practicable except for turning movements, or where bike lanes so
designate." I have already mentioned the danger that bikelanes
create. Mr. Janson feels that since busses are near the curb
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when they load and unload, the code would need to be modified to
allow bicycles to drive to their left- However, the code does not
require bicyclists to hug the righthand curb since "as near... as
pr�cticable" allows for bicyclists to travel anywhere near the
right side of the street as is safest. Since it is safest to
pass a stopped bus on the left, there seems to be no reason to
change.the code to allow for it.
To summarize then, since there is general agreement that bicyclists
now driving westbound on Washington from Clinton to Capitol are not
causing a dangerous situation, and signing with a "Yield, Caution
or Stop" sign would probably absolve the City of liability should
a collision occur, there seems to be no reason not to legalize the
westbound bicycle flow. I will be happy 'to discuss this matter in
either Informal or formal Council session.
Thank you for considering �hia request again.
copies tos
Jeff Davidson
Bruce Goddard
Sincerely,
Shelley B. Plattner
President, Bicyclists of Iowa Vity
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City of Iowa City
MEMORANDUM
DATE: October 21, 1981
TO: City Council and City Manager
FROM: Robert W. Jansen Q .v Q
RE: Bicycles through the downtown transit interchange
I have been asked to give my opinion concerning the proposal to per-
mit bicycles to use the interchange in the westbound direction. As
you know, the westbound lane of Washington Street between Clinton and
` Madison Streets is closed to all traffic except buses. It is my opinion
that if the'use of the interchange by bicyclists is legally sanctioned
by the City, the City could incur substantial legal liability in the
event of injury or death to a'bicyclist.
At the present time any bicyclists who enter the interchange which is
restricted to bus traffic only assumes the risk of any injury that
might be sustained. Opening up the interchange to bicyclists will al-
most certainly invite lawsuits if the bicyclist is struck by a bus
pulling into the traffic lanes after loading and unloading. The claim
will be that since the City permitted bike traffic through the area,
the drivers were negligent in that they knew or should have known of
the presence of bikes in the interchange and had a duty to look out for
them at all times.
In addition, I am not sure if the buses are equipped with mirrors that
have been sufficiently designed to enable a driver to spot a bike at all
angles to the bus. If the buses are not so equipped, then the claim will
be that the City was negligent in not equipping the buses with mirrors
that would enable the drivers to see bikes along side or whatever angle
that could cause a collision. Obviously, a bicycle along side a bus is
more difficult to see than is a car or truck.
The fact that bicyclists are now ill6gally using the interchange does
not completely absolve the City and its drivers from liability should a
bus strike a bicycle that is in plain sight. However, the duty to keep
a lookout is much less in the present situation than it would be if the
City were to permit and thereby sanction the use of the interchange by
bicyclists. In that case, the City then has a high duty to provide safe
conditions for bicyclists wishing to pass through the interchange. In
researching this question I have been unable to find any Iowa Supreme Court
cases that spell out the duty that a City owes to bicyclists under these
conditions. However, in the case of Bauman v City of 19averly 164 Nil 2d
840(Iowa 1969) the City of Waverly provided a public restroom for the use
11ICROF 1LIdE0 BY I
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City,-CQuncil and City Manager
Octo 21, 1981
Page
Of its citizens and a person was injured inside the public restroom.
The Iowa Supreme Court held that when the City of Waverly undertook to
establish accomodations for the use of the public, it had a high duty
to keep the restroom in safe condition. Similarly, if the City of Iowa
City desires to open the interchange to bicyclists as an accomodation to
them, then it would be necessary to provide a bike lane and appropriate
signing to fulfill its high duty to provide a safe condition for the bikes
Sec. 23-65 of the Iowa City Code provides, "Persons riding bicycles on a
roadway shall ride single file. Every person riding a bicycle on a road-
way shall ride as near to the righthand side of the roadway as practicable
except for turning movements or where bike lanes so designate." It is my
understanding that there is bus loading and unloading in the righthand
lane of Washington Street. This section of the City Code would then have
to be amended to provide an exception for bicycles traveling through the
interchange since they would not be able to ride on the righthand side of
the street.
I will be available to discuss this opinion with the Council at the in-
formal session on October 26th should there be any questions.
cc: John A. Lundell
Transportation Planner
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Johnson Cou, y Council of Governme=ts
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Date:
To:
F rom:
Re:
October 14, 1981
City Council and City Manager
Jeff Davidson, Assistant Transportation Planner `�
Bicycles Through the Downtown Transit Interchange
To define the problem which has been brought to the Council's
attention, there is currently no way for bicyclists to safely and
legally cross the Central Business District in a westbound
direction. A study last April established that the Market/Jefferson
one-way pair bike lanes are too far north to serve most bicyclists;
most bicyclists have origins and destinations along routes which
take them through the CBD. There is no problem for eastbound
bicyclists because they can use Washington Street to cross the CBD.
Westbound bicyclists cannot use this route since Washington is a one-
way street.
The majority of bicyclists approaching the CBD in a westbound
direction use Iowa Avenue, although College and Washington Streets
are also buildingsheavily new
and oe-way streets, of teclosures,
the occurswhenawestound
bicyclist reaches Clinton Street. To safely and legally get to
Madison Street from Clinton Street, a bicyclist must either detour as
far south as Court Street or as far north as Market Street. What is
in fact occurring is that great numbers of bicyclists are presently
using the transit interchange to travel westbound, although this is
clearly illegal. The street is for buses only and the sidewalk for
pedestrians only. The use of the interchange by bicyclists is
further encouraged by the major bicycle parking facility recently .
constructed by the University adjacent to this area.
I have discussed this matter with Traffic Engineer Jim Brachtel and i
Transit Manager Hugh Mose, and they both feel that a solution can be
worked out permitting bicyclists to use the Transit Interchange in a
westbound direction. Jim has indicated that upon concurrence from
the City Council, he would erect an additional sign at the east end
of the Transit Interchange proclaiming "BICYCLES AND" which would be
added to the existing "BUSES ONLY"
feels on the "DO NOT ENTER" sign. Jim
that this action will provide relief to a high number of
innocent lawbreakers, and reduce the number of pedestrian -bicycle
conflicts on the sidewalk along the Pentacrest. Hugh has some
reservations about this idea, but agrees that it is probably .a
necessary action. He does not feel that conflicts between buses and
bicycles will be a problem, but has a healthy concern that unforeseen
problems could develop. Hugh admits, however, that there are
presently a great number of bicyclists using the interchange in a
westbound direction, and they do not seem to be creating any great
problems.
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I would impress upon you that I do not consider this to be an ideal
solution; I consider it to be the best answer to a difficult problem
for which an ideal solution is not possible. It will be able to be
implemented at very little cost, and is consistent with the City's
policy of encouraging the use of the bicycle for transportation.
I will be glad to discuss this matter with you further.
cc: Jim Brachtel
Hugh Mose'
Don Schmeiser
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I would impress upon you that I do not consider this to be an ideal
solution; I consider it to be the best answer to a difficult problem
for which an ideal solution is not possible. It will be able to be
implemented at very little cost, and is consistent with the City's
policy of encouraging the use of the bicycle for transportation.
I will be glad to discuss this matter with you further.
cc: Jim Brachtel
Hugh Mose'
Don Schmeiser
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ORDINANCE NO.
Page 5
Sec. 24.1-5 Amended
(a) Salesby "hawking or barki
ting". No person shall offer for sale or sell
anything by shoung or outcry within any residential area in the city,
except in conjunction with an event which is exempt from the provisions of
this chapter or for which a permit has been issued by the City.
y
(b) Loading and Unloading. No person shall so load, unload, open, close or
handle boxes, crates, containers, building materials, garbage cans, or
similar objects outdoors between the hours of 10 P.M. and 6 A.M. the
following morning as to create a noise disturbance across a residential
real property boundary or within a noise sensitive area.
(C) Vehicle or Motorboat Repairs and Testing. No person shall repair,
rebuild, modify,or test any motor vehicle, motorcycle, or motorboat either
within a residential zone in such a manner to cause a noise disturbance or
in any other zone in such a manner as to cause a noise disturbance across a
residential real property boundary or outdoors within a noise sensitive
j area.
(d) PoweredModel Vehicles. No person shall operate or permit the operation of
FF
e- model vehicles in a residential zone, in a public space or within a
noise sensitive area between the hours of 10:00 P.M. and 7:00 A. M. the i
following morning.
(e) SoundTrucks and Other Devices. No person shall operate or permit the
operation upon the public streets of a sound truck, or other device for
producing, reproducing or amplifying sounds without a permit.
Sec. 24.1-5. MUSICAL INSTRUMENTS AND SIMILAR DEVICES.
No person shall operate, play or permit the operation or playing of any drum,
musical instrument or similar instrument in such a manner to cause a noise
disturbance or outdoors within a noise sensitive area.
Sec. 24.1-6. REGULATION OF SOUND EQUIPMENT AND SOUND AMPLIFYING EQUIPMENT.
(a) Except for activities open to the public and for which a permit has been
issued by the city, no person shall so operate, play or permit the
operation or playing of any radio, television, phonograph, record player,
tape deck or player, loud speaker, amplifier, or other device for
producing, reproducing or amplifying sounds in any building or upon any
premises, public or private or any other sound producing equipment or
apparatus:
(1) In such manner as to create sound therefrom which is plainly audible
across a residential real property boundary or on any public street or
property.
(2) In such manner as to create a sound therefrom which is plainly audible
50 feet from the device, when operated in or on a motor vehicle on a
Public right-of-way or public space, or in a boat on public waters.
(b) Soundequipment--permit required. No person shall use, operate or cause
to be used or operated any radio, record player, tape deck or player, loud
990
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If you are not familiar with what is ac•
tually happening with the Monroe
County resource recovery facility, in
Rochester, New York, you might think
it is operating successfully. You might
have this Impression from advertise•
ments and articles extolling its virtues.
In October 1981, the Institute of
Scrap Iran and Steel received a feature
article doing just that from the Steel
Products News Bureau, operated for
the American Iron and Steel Institute
by the Publicity and Marketing Divi•
sion of Hill and Knowlton, Inc. It was
hoped that the article would be printed
in Phoehix Quarterly. ISIS decided to
Investigate what was actually happen.
ing In Rochester to determine whether
the situation was as rosy as the article
indicated.
Instead of publishing the article re-
ceived (at least one major magazine In
the public works field 'did), Phoenix
Quarterly asked Russell A. Dawson,
Managing Editor of Solid Waste Re.
Port, to determine If there was any
basis for the optimism.
A century ago, Europe's poor and
downtrodden wanted to come to
America to make their fortunes.
They were convinced, through mis.
conceptions, that the streets here
were paved with gold. Or so the
legend goes.
Some 15 years ago, when the en-
vironmental movement in America
was building up a head of steam, a
new notion about the availability of
gold became. popular. It had to do
with gold in our garbage. Proponents
of resource recovery urged that we
mine our urban waste streams for
valuable energy, metals, fiber and
glass that were there for the taking.
So enticing were the early promises
of resource recovery that many com-
munities could not resist the tempta•
tion. Beleaguered public officials saw
a chance to turn their waste manage-
ment nightmares into dreams come
true. The thought of converting city
By Itussell A. Dawson
Managing Editor
Solid Waste Report
Monroe County, "New York
The Hyping of
Great Expectations
garbage into a prized resource was
dazzling. It, too, proved to be a
misconception.
Today, many have learned that the
glitter of high-technology solutions is
not a panacea to chronic waste dispo-
sal problems. The technical and eco-
nomic realities of resource recovery
can be every bit as treacherous as
those associated with conventional
land disposal.
"The plant's greatest failures are
those associated with its not liv-
ing up to expectations ... a direct
result of the hype that has been
used to sell the concept of
resource recovery."
The purpose of this article, how-
ever, is not to impugn all attempts to
find alternatives to the landfilling of
wastes. But resource recovery can
only succeed when local circum-
stances are ripe for it. Success
depends upon a combination of fac-
tors, not the least of which are
careful planning, thorough evalua-
tion of options, good engineering and
effective management. Without
them, the promise of resource recov
ery can turn quickly to disillusion-
ment and frustration.
An example of resource recovery as
a good idea gone bad is in Monroe
County, New York, an industrial area
that prides itself on innovative solu-
tions to problems. Today, Monroe
County is saddled with a controver-
sial high-technology resource
recovery system that was supposed
to solve all local waste management
problems. Instead, it has made them
worse, and it has the potential to give
all resource recovery projects a bad
name in the future.
The promise of the Monroe County
plant is typical. This modern, high-
technology facility is designed to pro-
cess about 2,000 tons of mixed
municipal wastes every day to gener-
ate a refuse -derived fuel (RDF) and
recover salable steel, aluminum,
other nonferrous metals, and glass. It
7
was conceived about 1971 by local
engineers and waste management
planners who urged the county, and
its principal city of Rochester, to find
alternatives to land disposal of solid
waste.
Consistent with the time, these pro-
fessionals recognized that landfilling
was an environmentally dangerous
practice that would increase in cost
as space for new dumps became more
and more scarce. The Rochester Eng-
ineering Society, a respected local
organization, recommended consid-
eration of a resource recovery facility
that could, to the maximum extent
possible, recover materials from the
waste stream.
At the time, best -guessers pro-
jected such a facility would cost in the
neighborhood of $30 million, but they
said these costs and those associated
with operations and maintenance
could be recovered through the sale
of recovered energy and materials.
Landfilling needs could be reduced by
90 percent, they said. Savings to the
county through the end of the cen-
tury could total $300 million, the op-
timists speculated.
Who could resist such numbers?
Monroe County conducted an early
feasibility study and decided resource
recovery was an attractive and viable
option to landfilling. Ultimately, with
help from New York State, the coun-
ty contracted with Raytheon Service
Co., a subsidiary of Raytheon Co., of
Lexington, Massachusetts, to build a
highly sophisticated resource recov-
ery plant. The final price tag for con-
struction of the original plant exceed.
ed $50 million, no small sum in 1976.
Subsequent modifications and addi.
tions, startup costs and other expen-
ditures related to plant design and
construction are now over $62
million; some say the total cost will
approach $80 million by the time the
plant becomes fully operational.
Financing came in the form of
municipal and state general -obliga-
tion bonds, guaranteed through
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general taxpayer revenues and state
grants. A large portion of the capital
costs for building the Monroe County
plant came under provisions of the
New York State Environmental
Quality Bond Act of 1972, an in-
novative law that allocates state
money to support capital -intensive
projects designed to improve the en.
vironment. Thus, the taxpayers of
the county and state have a large
stake in the facility.
Raytheon designed and built a
200,000 -square -foot plant incorporat-
ing what is said to be the latest tech-
nology for front-end separation of
solid wastes. The four -acre facility,
one of the nation's largest, is located
on an I1 -acre parcel in Rochester's
Outer Loop Industrial Park. Cur.
rently, it accepts roughly half of the
solid waste generated by the city of
Rochester each day, It has been in a
shakedown mode for about two and a
half years, however, and that is the
source of much frustration. Once it
operates at full capacity, it will have
enough capacity to handle all of
Rochester's garbage plus wastes
generated in 19 surrounding towns
and 10 villages, with a total popula.
tion of approximately 700,000.
The front-end separation process is
both capital- and labor-intensive, and
is quite expensive. During a single
eight-hour shift, some 65 operations
and maintenance employees labor on
the plant floor, Design and equip.
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ment problems from the start have
forced modifications to the plant's
separation process and added both
expense and controversy to the pro.
ject.
Originally, wastes dumped on the
receiving -area floor were to be fed in.
to a pneumatic conveyance system
that would transport the mixed
materials to processing and separa-
tion stations. Unfortunately, the
pneumatic conveyors were underde.
signed, according to Howard Chris-
tensen, solid waste director with the
county Department of Public Works.
The system's fans and cyclones were
"inadequate" to move the bulky
refuse, he said. Raytheon is now
replacing these conveyors with a
mechanical system at a cost of ap-
proximately $350,000, Mr. Christen-
sen said,
Primary shredding is the first pro-
cessing step in the system. Aware
that explosions are an all -too.
common feature of shredding at all
resource recovery facilities, planners
equipped the Monroe County units
with blast suppression devices. Un-
fortunately, in a short-sighted engi.
neering decision apparently aimed at
saving money, these same planners
decided not to install a blast venting
system in the plant. This, despite the
fact that blast supresssors are not
sufficient to deal with all types of
shredder explosions and that the
plant's control room is located di.
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rectly above and between the two pri-
mary shyedders.
Consequently, the potential for a
major explosion disaster, in which
plant operators working in the con.
trol room could be seriously injured
or killed, is real. The county has
recognized ,this flaw and is paying
some $500,000 to install a venting
system that will protect the control
room.
Meanwhile, the county has to pay
workers to screen all incoming
wastes with rakes, searching for ex-
plosives. It is a costly process, Mr.
Christensen acknowledged. It is also
responsible, in part, for the plant's
processing only about 150 tons of
waste per day.
Following primary shredding, the
wastes are further processed by
means of air classification, magnetic
separation and trommeling. Mumi.
num and other nonferrous metals
were to be separated by means of an
eddy current and trommeling. Unfor-
tunately, that system has never been
effective insplitting out aluminum
and other nonferrous scrap. In addi.
tion, the aluminum content of the in.
coming wastes is only about one-third
of what planners said it would be.
Consequently, nonferrous recovery
has proven to be uneconomical. In
February, the plant halted nonfer-
rous metals recovery.
Although aluminum was thnught to
represent only about 1 percent of all
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incoming waste, its recovery and sale
were to be a major generator of plant
revenue. Back in 1976, when the
plant was designed, the county said
aluminum sales would generate more
than $600,000 a year in revenue.
Loss of that income has changed the
economics of resource recovery in
Monroe County significantly, seri-
ously reducing needed cash flow.
Ferrous metals are recovered by
magnetic separation, one of the
simplest processes in the entire facil-
ity. Of late, about 300 to 350 tons of
steel scrap have been pulled from the
waste stream each month and sold to
Vulcan Materials Co., Pittsburgh,
Pennsylvania, for a price in the
neighborhood of $35 per ton. As of
early March, the amount of scrap was
down to about 100 tons a month,
because of modifications being made
to the system. By late spring, it is
supposed to be above 350 tons per
month.
The $35 -a -ton price does not in-
clude the transportation costs from
Rochester to Pittsburgh, which Vul-
can estimates to be about $25 to $30 a
ton. Including this expense, the scrap
is costing Vulcan between $60 and
$65 a ton. As a result of a five-year
contract that was made in the mid.
seventies, but which went into effect
two years ago, the price Vulcan pays
for the material is based on a formula
percentage of the No. 1 dealer bundle'
scrap price in Pittsburgh.
Ed Kappler, Vulcan's scrap put -
chaser, said the quality of the ferrous
product "meets contract specifica-
tions," but is generally the "least
desirable" type of raw material the
company uses in its detinning opera-
tions. Contamination of the steel with
organics, labels, and other materials
reduces the quality of the input.
Vulcan has also purchased similar
scrap from a number of other re-
source recovery facilities across the
country, Mr. Kappler said. Monroe
County's is "by far the best" he has
seen from such sources.
Mr. Kappler added, however, that
the ferrous recovery element of any
resource recovery plant will, at best,
be a marginal revenue producer.
"Local officials have been sold a bill
of goods" with respect to ferrous
recovery, he said. "They think sales
of steel scrap will generate money"
and make resource recovery pro-
fitable. These officials "are about 180
degrees out of phase," Mr. Kappler
said. They should be looking at
resource recovery operations overall
as a means of "cost avoidance."
None of the sophisticated plants is
going to make money on steel, Mr.
Kappler insisted. "There is not that
much steel in the waste stream, and
what is there is of poor quality."
Asked whether Vulcan would re-
new the contract on the same pricing
formula, if it were up for negotiations
now, Mr. Kappler said, "It's unlikely.
The price level is too high. This was
our first experience with scrap from a
resource recovery system. We were
looking at the tin can scrap as a
marginal offset to the declining
volume of tinplate scrap from tradi-
tional sources. This material was to
help us maintain our volume, but it is
more expensive to process than we
expected, and we set a pricing for-
mula that's just too high, given what
is happening in the scrap market.
"Knowing what we know now," he
added, "the resource recovery sys-
tem should be paying the transporta-
tion charges. Also, the price formula
should be such that, were it in effect
in March, reflecting the depressed
prices in the scrap market, the sys-
tem would have actually lost money
on their material. The scrap does
have a value, but it's minimal, at best.
For the grade of scrap we're getting,
we're paying over the market price.
Despite all the good intentions that
went into the decision to build the
Monroe County plant, there are
several curious aspects associated
with the plant's planning and man-
agement that defy logic. Each of
them has contributed to the facility's
current problems.
The most serious failing has to do
with poor planning for the sale of
recovered products and materials. In
particular, Monroe County never had
a firm customer for the refuse -de-
rived fuel (RDF) it planned to pro -
wah not installed. white nut shown in this P111110.31i
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far e.Nploniveh hr workers with rages.
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and nlher nonferrous metals were to be separated by means of an eddy current and trammeling, but the system was not effective.
duce, even after the facility was built.
RDF is to be the most important
product to be generated by the
Monroe County resource recovery
facility. Fully 65 percent of the
through -put waste, mainly paper,
plastics and other organics, is to be
turned into RDF. Originally, the
plant was to generate a "fluff' type
RDF characterized by highly shred-
ded organic materials no larger than
an inch and a half in diameter. This
material would then be sold to local
fuel customers.
Monroe County has been counting
on Rochester Gas and Electric Co.,
the local utility, to be its principal
customer for refuse -derived fuel.
RG&E did sign an agreement in 1976
to help the plant market its fluff
RDF. In another agreement two
years later, RG&E gave the county a
20 -year lease on property at the utili-
ty's Russell Station to build an RDF
receiving facility. That project cost
the county $12 million. It was not un-
til 1981, however, some two years
after the plant itself was built and
well into its shakedown phase, that
RG&E signed an agreement with the
county to actually purchase refuse -
derived fuel.
RG&E's Russell Station unit has
four combustion boilers, each of
L
which is being modified to accept a
fuel mixture consisting of 85 percent
pulverized coal and 15 percent RDF.
According to Jack Corson, one of
RG&E's chief engineers, the utility
has begun a two-year evaluation pro-
gram to determine the optimum con-
ditions for burning RDF with coal.
From these evaluations will come
RDF fuel specifications.
Under the 1981 agreement, RG&E
will purchase RDF from the county
on a no profit/no loss basis to its
ratepayers and stockholders. The
complex purchase formula sets the
price for RDF at that for coal minus
return on its own $3 million invest-
ment for boiler modifications, minus
increases in operations and mainte-
nance expenses due to the use of
RDF, minus administrative costs,
minus any derating or other penalties
the utility may suffer in the future as
a result of its participation in the
agreement. Mr. Corson admitted the
pricing mechanism eliminates most
risks to the utility, but stressed
RG&E is doing the community a
favor in burning its waste. "We're
wearing a white hat," he said.
Under the best of circumstances,
RG&E will purchase up to 450 tons of
fluff RDF per day, Mr. Corson said.
Planners had hoped to sell the utility
10
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CEDAR RAPIDS • DES ;,101AES
twice that volume of fuel eventually.
Monroe County's margin of return
on its investment is tenuous as it is
contingent ' upon several things.
First, its product must meet RG&E's
specifications, something which
should pose no major problem. Sec-
ond, the base price will be pegged to
the price of coal. (As long as prices
for petroleum imports remain stable,
demand for coal is not likely to in-
crease. Thus, coal prices will hold
firm or perhaps even drop while the
cost of waste processing to produce
RDF increases.) Third, should com-
bustion of RDF damage the Russell
Station boilers, RG&E will be able to
recover repair costs by subtracting
them from the price it pays for RDF.
Finally, there is the problem of
what to do with all the other RDF
that is not sold to RG&E—possibly
800 tons or more per day if the facil-
ity runs at capacity. Again, the coun-
ty's failure to do adequate market
planning in advance is coming back to
haunt it. Fluff RDF, by its character-
istics, is not easy to sell. It retains
moisture, compacts if allowed to sit
and is difficult to handle and store.
Other than RG&E, the county has
been unable to interest anyone else in
it.
Its latest solution to this problem is
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to consider markets for deny. -.ed
refuse -derived fuel (d -RDF). Ray.
theon is buying pelletizing equipment
and the state Energy Research and
Development Authority is funding a
study of d -RDF as an alternative, ac.
cording to Mr. Christensen. The cost
of the demonstration study will be
about $250,000, he said.
Test burns of d -RDF fuel in stoker -
fed boilers have been scheduled at
several nearby institutions, Mr.
Christensen said. The county hopes
to line up some fuel buyers as a result
of these demonstrations. Potential
markets include a complex of county
government facilities, Eastman
Kodak's Rochester headquarters
facility, the University of Rochester,
and a state Health Department com-
plex. Mr. Christensen said he is op-
timistic that, ultimately, Monroe
County will be able to sell Rochester
Gas & Electric 450 tons of Fluff RDF
per day, the remaining fuel, in the
form of d -RDF, to several other local
customers. There are no guarantees,
however, he admitted.
Other planning and management
failures have contributed further to
the plant's poor economic posture.
For one thing, the county charges the
city of Rochester a tipping fee of only
$4.50 per ton for its waste disposal.
Critics have said that it costs about
$100 per ton to process the waste in-
to RDF, most of which is then trans-
ported about 50 miles to a landfill in
another county. That transportation
adds another $30 per ton to the
ultimate cost.
The cheap tipping fee was nego-
tiated years ago through inter-
municipal agreements designed to
"lock up the waste stream," Mr.
Christensen said. The county has
budgeted $4.3 million for plant op.
erating costs this year. It is easy to
see that the county cannot make up
such expenditures through such it
snudl tipping fee coupled in minor
sales of recovered materials.
Mr. Christensen said he does not
know precisely what the per -ton pro.
cessing costs are in Monroe County,
but he did not dispute the $100
figure. He asserted, however, that
costs incurred during any plant's
shakedown phase are "not mean-
ingful."
Yet a third factor causing Monroe
County headaches with its experi-
and vendors. Critics say the wordi,+�'
of contracts is "very lenient" toward
those who sold the county equipment
and services. These vendors are well
protected from losses, the plant's
detractors assert. Mr. Christensen
admitted that the vague wording of
some agreements has made it dif.
ficult to assess liability for design
flaws and equipment failures that
have plagued the facility.
The county will pursue negotiations
with Raytheon and various other con-
tractors to share the expenses asso-
ciated with unanticipated system
modifications, according to Mr.
Christensen. "Our feeling is that we
bought a system," he said. "We want
it to work." Despite his own practical
approach to working out these con-
tractual disputes with vendors, how-
ever, Mr. Christensen noted that pa-
tience among county residents and
politicians "is wearing thin." The
longer it takes to demonstrate the
plant's capabilities and work out its
design and equipment problems, the
tougher things will get with respect
to its image. The county legislature
already has said it will conduct a
thorough investigation of the project,
its design, and its management.
In an absolute, technical sense, one
could say Monroe County's experi-
ment with high-technology resource
recovery is not a total failure. Mr.
Christensen, for one, feels this way.
The fact is the plant is capable of pro-
ducing a refuse -derived fuel that is
acceptable to a local power utility, he
said. It recovers steel scrap that can
be sold to a detinning operation,
albeit at a price that leaves little
room for profit. With plant modifica.
tions, it may someday produce a den.
sified, pelletized fuel that can be sold
to other local interests. Should the
price of imported oil again skyrocket,
the economics of RDF production
may begin to look better. And its
glass recovery operation has, ex-
perienced modest success, although
the final product is still too gritty to
be considered of very high quality.
The plant's greatest failures are
those associated with its not living up
to expectations. Those expectations
are a direct result of the hype that
has been used to sell the concept of
resource recovery. There is a very
real question as to whether the state
and county will ever get their
money's worth out of their multimil-
lion -dollar investment. Public con-
fidence in local leadership has been
undermined by the knowledge that
such a large-scale and expensive pro-
ject would be undertaken with such
ment with resource recovery Is the [liven the potential fur it shredder explosion and possible injury or death to those' working In
nature of its contracts with Raytheon the van lruI roam, the county is correct Ing the error he i n h I u IItng a 5500,000 prolective vcn ling
and various equipment contractors system.
11
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by
...adequate planging and prepara.
tion.
And until recently, local officials
and Raytheon have been unwilling to
admit the seriousness of the project's
problems. As late as December 1981.
the Monroe County plant was still be-
ing touted by the Steel Products
News Bureau as a brilliant example
of innovation in waste management.
"The world's largest resource recov-
ery facility is now operating success-
fully in Rochester, New York." Ber-
nard Zwirn. of Hill and Knowlton.
beamed in an October 1981 letter to
Phoenix Quarterly. A full-page
advertisement in Public Wnrks
magazine in September 1979. placed
by Raytheon, identified Monroe
County as "one of the first in
America to turn solid waste handling
from a crisis into a bonanza."
It is specifically this kind of decep-
tion that has made Monroe County
look so foolish, and which is con.
trihuting to the general perception of
resource recovery as an expensive
boondoggle.
Perhaps a scrap processor in
Rochester, summed up the situation
best. It is not that anyone is against
the concept of resource recovery, he
said. But the Monroe County plant
was doomed from the very beginning
by poor planning, inadequate engi-
neering and reliance on the wrong
equipment.
The plant was not designed to vent
explosions properly. Its shredders
and front-end processing equipment
were not sturdy enough to handle the
incoming waste stream. Markets for
recovered products were inadequate -
Iv explored in the planning stage. The
nonferrous system did not work
right.
The sad thing is, he said, the city of
Rochester had an alternative 10
years ago, which it chose to ignore. It
should have spent "a few million
dollars" then to modernize four ex-
isting incinerators into high-
temperature units equipped with
baghouses. These incinerators could
have also been fitted with steam.
generating devices to produce some
salable energy. The cost would have
been modest, when compared with
current expenses, and the overriding
purpose of the county's decision to
seek a high-technology solution to
waste management—hulk reduction
of material destined for the landfill—
would have been accomplished.
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• •, ARMSTRONG'S, INC.
' 3rd Street 6 3rd Avenue S.E.
Cedar Rapids, Iowa '� D
6
MAY 251382
Mr. Neal G. Berlin ASSTS STOLFUS
- City Manager CITY CLERK
I
City of Iowa City
Civic Center /
Iowa City, IA 52240
RE: Offer to Purchase Land for Private Redevelopment
City of Iowa City, Urban Renewal i
Dear Mr. Berlin:
The undersigned developer, hereinafter referred to as the "Offeror" (state the
nature of the developer's legal entity) hereby offers to purchase, develop and use
the lands below described in conformity with Federal and State statutes and local
ordinances and regulations, to wit, that area known as:
Disposition Parcel 64-1a
from the City of Iowa City, hereinafter referred to as the "City". I'
The terms of the offer are as follows: 1`{
(1) The Offeror acknowledges receipt from the City of a copy of the City -University [
Urban Renewal Plan, hereinafter referred to as the "Plan", which plan has been
duly approved and recorded in the office of the City Clerk of the City, the
proposed form of Contract for the Sale of Land for Private Redevelopment,
hereinafter referred to as the "Agreement", and a copy of the Prospectus
containing the instructions for submitting an offer to purchase property for
i
redevelopment.,
(2) The Offeror agrees to purchase from the City the referenced parcels at the
price hereinafter set forth in accordance with the provisions of the Plan,
and Agreement as attached to this offer.
PARCEL NO. PRICE OFFERED
64-1a $227,000
I
In making this offer, the Offeror acknowledges that he/she has become
familiar with the project site and the provisions of the Plan, the Prospectus,
and the proposed Agreement.
(3) It is agreed that this offer shall remain open for a period of one'hundred
- thirty-four (134) days from the final date for delivery of offers, (as specified
in the prospectus), and shall remain in force thereafter until withdrawn by
the Offeror in writing, and that the City may reject any and all offers, and
may waive any irregularities therein.
(4) The Offeror transmits herewith a certified check in the amount of $5,000 pay-
able to the order of the City of Iowa City, Iowa, being a good faith deposit
for the Disposition Parcel for which this proposal is made.
If this proposal is rejected, the good faith deposit will be returned to the
Offeror in the manner provided in Section 11 hereunder. If this Proposal is
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Mr. Nen] C. Berlin
Page 2
accepted, the good faith deposit will be held by the Finance Director of the
City of Iowa City as security for the performance of and subject to City
Council declaration of forfeiture in the breach of performance of the obliga-
tions of the Offeror pending execution of the Agreement referred to in Section
5, hereunder, and such check may be deposited in an account of the City in a
bank or trust company selected by it. The City of Iowa City shall be under
no obligation to deposit in such an account, or to pay or earn interest -on
the deposit, but if interest thereon is earned pursuant to such deposit such
interest when received shall be promptly paid to the redeveloper. Such deposit
will be held by the City as such security for performance until such time as
substitute security is provided under terms of the agreement referred to in
Section 5 hereunder following execution of such agreement.
(5) If this offer is recommended for acceptance, the City must advertise its
intent to sell by a 30 -day legal notice before furnishing the Agreement for
execution by the Offeror.
Upon notification of acceptance of this Proposal in the manner provided for
in Section 11 hereunder, the Offeror agrees to perform the remaining conditions
of this offer and thereafter to execute an Agreement and return it to the City,
` to make any substitute good faith deposit required thereby, and to complete
the purchase of the Disposition Parcel in the manner set forth in the
Agreement.
It is agreed that the Offeror shall not assign or transfer to any other party
any interest in this offer prior to notification of formal acceptance or
rejection by the City Council of Iowa City, Iowa. It is further agreed, in
the event that this offer is accepted, that the Offeror shall not, prior to
or after execution of the Agreement, assign or transfer any interest in the
Agreement, assign or transfer any interest in the Agreement without the
written consent of the City Council of Iowa City. The City Council of the
City of Iowa City reserves the right to require of any proposed assignee or
transferee the same Statement of Public Disclosure, Statement of Qualifications
and Financial Responsibility and narrative setting forth the developers
experience, required of the original Offeror.
(6) In the event this offer is accepted by the City Council of Iowa City and the
Offeror fails or refuses to perform the remaining conditions of this Proposal,
and to execute an Agreement within ninety (90) days after the date of notifica-
tion thereof, or such extension of time as may be granted by the City, the
City may terminate all rights of the Offeror hereunder, and, in such event,
shall retain the good faith deposit of the Offeror as liquidated damages by
reason of the breach and the City may proceed with other arrangements or plans
for the sale of the Disposition Parcel to which this offer relates.
(7) The Offeror warrants that no person or agency has been employed or retained
by the Offeror to solicit or secure the acceptance of this Proposal upon an
agreement or understanding for a commission, percentage brokerage, or contingent
fee excepting the following bona fide agency or broker: (If none, so state.)
Offeror states and represents that no person or agency claiming to be
employed or retained by the City contacted the Offeror with reference to the
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b. A written narrative which sets forth and explains in full detail any and
all additions, deletions, or any other modifications to the form of
Offer as provided by the City. NOT APPLICABLE
c. Redevelopers Statement of Qualifications and Financial Responsibility.
d. Redevelopers Statement for Public Disclosure,
e. A written narrative which sets forth the development which is proposed,
as called for in the Prospectus.
f. A written narrative which sets forth the developers experience as called
for in the Prospectus.
g. A complete but unexecuted Contract for Sale of Land for Private
Redevelopment.
h. A written narrative which sets forth and explains in full detail any and
all additions, deletions, or any other modifications to the form of
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proposed sale of the subject land other than the following: (If none other
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than the City staff employees, state: None.)
It is agreed that the City of Iowa City, Iowa, shall not be liable for any
obligations incurred by the Offeror for commissions, percentages, brokerages,
contingent or other fees of any kind relating to this Proposal.
For breach or violation of this warranty, the City shall have the right'to
annul its acceptance of this offer, or the contract to rise thereupon.
(8)
It is agreed that the deposit of the Offeror may be refunded by the City and
that the City may withdraw from the sale of the Disposition Parcel at any
time prior to conveyance of title and possession of said property by reason
of the City of Iowa City, Iowa, being enjoined or prevented from sL doing by
any order or decision or act of any'judicial, legislative, or executive body
having authority in the premises. It is further agreed that the City shall
have no liability for failure to deliver title to such disposition parcel,
for the reasons stated above or otherwise, to the redeveloper after making a
good faith attempt to do so.
(9)
'It is expressly agreed and understood by the Offeror that the City is making
no representations with respect to soil conditions, structural conditions,
subsurface conditions, and the like and further that the Offeror is making no
reliance upon any studies of such conditions possessed by the City and that
the Offeror has inspected the site for which this offer is being made and has
satisfied itself as to the conditions of both the surface and subsurface
of the site. Further, it is agreed that the City has permitted access to the..
Offeror for the purpose of making soil testing, borings, and the like.
(10)
The Offeror transmits herewith, for the approval of the City five (5) copies
each of the following documents.
'
a. This Offer.
b. A written narrative which sets forth and explains in full detail any and
all additions, deletions, or any other modifications to the form of
Offer as provided by the City. NOT APPLICABLE
c. Redevelopers Statement of Qualifications and Financial Responsibility.
d. Redevelopers Statement for Public Disclosure,
e. A written narrative which sets forth the development which is proposed,
as called for in the Prospectus.
f. A written narrative which sets forth the developers experience as called
for in the Prospectus.
g. A complete but unexecuted Contract for Sale of Land for Private
Redevelopment.
h. A written narrative which sets forth and explains in full detail any and
all additions, deletions, or any other modifications to the form of
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Agreement as provided by the City. 40T APPLICABLE
(11) It is agreed that acceptance or rejection of this offer shall be made by
depositing such acceptance or rejection in the United States Mails addressed
to the Offeror at the business address set forth below.
Submitted this 2301, ip of way 1982
Asaetrougis, Iike.
NAME OF FIRM C$,INDIVIDUAL (type or print) ;.
• I
BY: i / I' Atlas C. Pereasky
(Signature in ink.) (Type name after, ignature)
. JY
I Preatdsst
TITLE type or print
i 222-3d bssw 5.5.
BUSINESS ADDRESS type or print)
Cher twits, laws 73401
CITY STATE (type or print) ZIP
319-363-0201
BUSINESS TELEPHONE NUMBER (type or print)
Iess
STATE OF INCORPORATION type or print)
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REDEVELOPER'S STATEMENT FOR PUBLIC DISCLOSURE' A B B IfTY E SCLERTL F U S
CK
A. HIMEVELOPER AND LAND Z
I.a. Name of Redeveloper: Armstrong's, Inc.
IY. Address of Redeveloper: 222 3rd Ave., S. E.
Cedar Rapids, Iowa 52401
2. The land on which the Redeveloper proposes to enter into a contract for,
or understanding with respect to, the purchase or lease of land from
The City of Iowa City Iowa
in City -University Project I
in the City of Iowa City State of Iowa
is described as follow
Parcel 64-1a
3. If the Redeveloper is not an individual doing business under his own name,
the Redeveloper has the status indicated below and is organized or
operating under the laws of Iowa
X A corporation.
A nonprofit or charitable institution or corporation.
A partnership known as
_A business association or a joint venture known as
A Federal, State, or local government or instrumentality thereof.
Other (explain)
4. if the Redeveloper is not an individual or a government agency or instru-
mentality, give date of organization: Founded September, 1890.
Incorporated January 28,1911.
IIf space on this form is inadequate for any requested information, it should be
furnished on an attached page which is referred to under the appropriate numbered
item on the form.
2Any convenient means of identifying the land (such as block and lot numbers or street
boundaries) is sufficient. A description by metes and bounds or other technical
description is acceptable, but not required.
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5. Names, addresses, title of position (11' any), and nature and extent of
the interest of the officers and principal membcrs,'shareholders, and
investors of the Redeveloper, other than a government agency or instru-
mentality, are set forth as follows:
a. If the Redeveloper is a corporation, the officers, directors or trustees,
and each stockholder owning more than 10% of any class of stockl.
See Below
b. If the Redeveloper is a nonprofit or charitable institution or corporation,
the members who constitute the hoard of trustees or board of directors or
similar governing body.
Not Applicable.
C. If the Redeveloper is a partnership, each partner, whether a general or
limited partner, and either the percent of interest or a description of
the character and extent of interest.
Not Applicable.
d. If the Redeveloper is a business association or a joint venture, each
participant and either the percent of interest or a description of the
character and extent of interest.
e. If the Redevelo er is s000me eren e,
p I&Ic entity, the officers, the members of the
governing body, and each person having an interest of more than 10%.
POSITION TITLE (IF ANY) ANI) PERCENT
OF INTEREST OR IIESCRIPTION OF CHARACTER
NAME, MINIMS AND ZIP COD's ANO UrITNT 01: I NT13IMST
Robert C. Armstrong Chairman of Board of Directors
c/o Armstrong's, Inc. 2016 of common stock
222 3rd Ave., S. E.
Cedar Rapids, Iowa 52401
Esther Y. Armstrong 14% of common stock
Margaret A. Race 18% of common stock
Both of Above
c/o Armstrong's, Inc.
222 3rd Avenue S.E.
Cedar Rapids, Iowa 52401
6. Name, address, and nature and extent of interest of each person or entity
(not named in response to Item 5) who has a beneficial interest in any of
the shareholders or investors named in response to item 5 which gives such
person or entity more than a computed 104 interest in the Redeveloper (for
example, more than 20% of the stock in a corporation which holds SOt of
llf a corporation is required to file periodic reports with the Federal Securitirc aryl
Exchange Commission under Section Z3 of the Vecurities Exchange Act of 2934, so state
under this Item 5. In such case, the information referred to in this Item 5 and in
Items 6 and 7 is not required to be furnished.
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the stock of the Redev(.oper; or more than 50% of the stock in a corporation
which holds 207 of the :tock of the Redeveloper):
DESCRIPTION OF CHARACTER AND EXTENT
NAME, ADDRESS AND 1 P CODE 01. INTEREST
i
7. Names
(if not given abo e) of officers and directors or trustees of any
corporation or firm lis ed under Item 5 or Item 6 above:
Not Applicable
B. RESiDIiNTIAL REDEVELOPMENT OR EHABiLITATION Not Applicable
(Ilse Redeveloper is to furnisi the following information, but only if land is
to he redeveloped or rehabiIi•-ited in whole or in part for residential purposes.)
1. State the Redeveloper's -stimates, exclusive of payment .for the land, for:
a. Total cost of any residential redevelopment .................. $
b. Cost per dwelling w Lt of any residential redevelopment ...... $
c. Total cost of any r(sidential rehabilitation ..................5
d. Cost per dwelling urit of any residential rehabilitation ..... $
2.a. State the Redeveloper's* -stimate of the average monthly rental (if to be
rented) or average sale )rice (if to be sold) for each type and size of
dwelling unit involved is such redevelopment or rehabilitation:
TYPE. AND SIZE OF DWELLING UNIT ESTIMATED AVERAGE ESTIMATED AVERAGE
MONTHLY RENTAL SALE PRICE
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h. State the utilities and parking facilities, if any, included in the fore-
going estimates of rentnls:
c. State equipment, such as refrigerators, washing machines, air conditioners,
if any, included in the foregoing estimates of sales prices:
CERTIFICATION
I (we)IArmstrong's, Inc.
certify that this Redeveloper's Statement for Pt
to the best of my (our) knowledge and belief.Z
Dated: Maw25, 1982.
f:
Signature
President
Title
222 3rd Ave., S. E.
C:ednrRanida. Iowa 52401
Addmss and ZIP Code
true
Dated: W�# ZS', /02,
Signat re
Secretary
Title
Address and ZIP Code
i
Ilf the yedevnloper in an individual, thin statement should be signed by such individual;
if a partnership, by one of the partnere; if a corporation or other entity, by one of
its chief officers having knowledge of the facto required by this statement.
ZPenalty for False Certification: Section 1001, Title ZS, of the U.S. Code, provides
a fine of not more than 'Z0,000 or imprisonment of not more than five years, or both,
for knowingly and wiZZfully making or using any false writing or document, knowing
the same to contain any false, fictitious or fraudulent statement or entry in a
matter within the .jurisdiction of any Department of the United States.
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c o r - pP:�CEL 64-1P. ul> jCf
DESCRIPTION uF TF~ RG GSED D_VcLGoM-...IT Or
ArmstronG'S Inc.. pr_oo=es to construct and cUerate
a department store or, parcel 64-1A. he C_round area shown on care ac
of the =rospectus is a:proximatrc"v 43,4010 square feet. 7ne enclosed
space or. each of the two _evels of the store W-'11 be 41,00.3 spuare
feet for a total cross area within the building of 82,000 souare 'Feet.
Portions of the north wall of the building - along the pedestrian mall
and facing the new library - will be recessed 10 feet from the property
line and coverred with class rising two levels to provide an interplay
between activity inside and outside of the store.
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The layout of the develoorner,t will conform in all respects with the
city's desion concept for a coordinated retail/hotel cornolex. t +
Armstrong's has worked and will continue to work with the city's
desion consultant to assure the complete harmony of it's store building
with existing and prdposed surroundings.
Building costs including H.V.A.C., general lighting, sprinklers, ceiling
and finished exterior are estimated to be $ 3.4 million. TFC cost of
interior finish and fixturing is estimated to be $ 2.1 million. Total
costs for development including equipment are estimated at $ 6,300,000.
Sources of equity and financing are as described in the Redeveloper's
Statement of Qualifications and Financial Responsibility.
j
DEPARTMENT STORE AND DEVELOPER'S EXPERIENCE
ARMSTRONG'S has proven its commitment to and ability to successfully
operate.in the downtown retail environment especially since 1558-9 when
it constructed a new 100,000 square foot store in downtown, Cedar Raoids.
Since that time ARMSTRONG'S has continued to expand and uograde its store
to approximately 3009000 square feet today.
Although ARMSTRONG'S proposed development in Iowa City on oarcel 64-1A +
will be the organization's first branch store, it will be patterned
after the parent store philosophy that all departments roust riot only
offer the hest value but also the widest selection.
ARMSTRONG'S retail experience is detailed in the attached sheets
which recap the develoornent of the store since its founding in 1890.
The oresent officers arid manacernerlt of ARMSTRONG'S combined with experience
and qualifications are listed at the end of the attached historical synopsis.
Planning and design, for this project have been aided by Weidt Asociates
of Minneapolis and Loomis Brothers of Cedar Rapids. Armstrong's, Weidt and
and Loomis have worked closely together on all major irnprovernents in the
home store since its relocation in 1959.
L E D
MAY 2 51992
ABBIE STOLFUS
CITY CLERK
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ARMSTRONG'S WRITTEN NARRATIVE OF EXPERIENCE
Mr. Samuel G. Armstrong (Robert C. Armstrong's Father) founded
Armstrong's (circa September, 1890). The original store was a 40'
store room at 122-124 Second Street S.E. In its 68 years at that
location, Armstrong's remodeled and expanded no less than 30 times.
Since moving to its present location at Third & Third southeast, in
August of 1959, the store has been remodeled and expanded many, many
times. The following is a brief chronological history of the ex-
pansion of this wholly family and employee owned retail store that
has adhered to policies of "quality'and "Personal service" for 91
YEARS. Beginning as a Men's Store, Armstrong's is now a specialty
department store.
1890 - 2,800 sq. ft. - the store begins as a Men's Clothing
Store..
1896 - A printed policy statement is made that is still
followed: "We sell only quality merchandise on the
sound principle that Quality is Economy.
1900 - The FIRST boy's store in Eastern Iowa is added.
1903 - The store has grown to 3 floors.
1914-19 World War I - Following the war, silk shirts for men
were the rage, selling at $10, $15 and $20.
1922 - Robert C. Armstrong returns from Harvard Business School
and urges the store to go into Women's Apparel.
1923 - Additional space is secured to add Women's Apparel and Furs.
1924 - A family shoe department is added. Remodeling and
expansion continues.
1927 - Two safes were blown by two men who covered the safes
with 60 overcoats and blasted with nitroglycerin ... naturally
a "Safecracking Sale" followed to sell the 60 blown apart
overcoats for $3, $5 and $8.00.
1929 - Depression begins in the East.
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1930
- Depression reaches Iowa, sales off 15%
1932
- Depression continues - sales off 40% from 1930, a total
of 65% off from 1929.
Planning begins for a major
expansion.
1936
- Store installs the city's first air cooling system,
Downstairs Budget
store is added and other remodeling
is completed.
1939
- Robert C. Armstrong becomes General Merchandise Manager.
1941-46 World War II Thanks to buying policies, Armstrong's `
still has "more
to choose from".
1946-57 During this 11 year period the store outgrew its
facilities (60,000
sq.ft) with no further room to expand.
1958
- Work begins on a new store building at Third avenue and
Third Street southeast in Downtown
Cedar Rapids.
1959
- AUGUST GRAND OPENING of the new store at 3rd & 3rd
(114,000 sq. ft.) This
building includes the city's
first "air doors" 1 elevator,
and escalators that were
made in Germany, shipped in sections
on site. and put together
1964
- The month of December sales were more than the entire
year of 1940.
1965
- 75th Anniversary - Rented 3rd Floor of Arnold Building
7,000 sq. ft.
1966
- 2nd elevator is added. Expansion includes 16,800 sq.ft. 4
of the Barnes -Chamberlain
Building (3rd & 4th Floors)
and a new Men's Shoe Store on 3rd Street.
1967 -
9,000 sq. ft. is added to 5th Floor.
1968 -
Street Floor of Granby Building is acquired.
1969 -
Street Floor Granby Addition is completed, 6,300 sq.ft.
Plus, 2nd Floor of Arnold
Building is completed, 7,000 sq.ft
Plus, alley bridges adding another 3,320
sq.ft. Robert C.
Armstrong is Chairman of the Board. Elected John Miller
President.
1970 -
Street Floor and Downstairs of Barnes -Chamberlain Building
16,800 sq.ft. brings Street
Floor to one block long;
the Other Room Men's Shop is completed
on Street Floor East.
1971 -
Store now has 226,000 sq.ft. Open House is held in March
to announce new block -long Street
Floor.
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1972 - John Miller retires
President.
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Allan C. Peremsky elected
1974-75 The 2nd, 3rd and 4th Floors of the Granby Building
are acquired and remodeled, 29,700 sq.ft. This
expansion brings all five sales floors to one block
long. Construction includes breaching of open space
on all floors between the Granby and Barnes -Chamberlain
Buildings.
1977 - Acquisition of the Arnold (McCarthy -Schindel) Building
on Second Avenue, 15,721 sq.ft. A total of three floors
and basement. 2nd and 3rd Floors have been occupied by
the store since 1965, the Street Floor and Basement
to be remodeled for a new Sports Center and Toys. Due
to the removal of Sport Goods in Downstairs Store of
the Main Building, extensive remodeling and re -location
of three departments took place.
1978 - Remodeled and re -located departments on Street Floor,
Second and Third.
1979 - Restaurant is redecorated and a new department (Women's
World) is added on 2nd Floor.
1980 - The Third Avenue Skyway across Third Avenue at the
Second Floor level is completed. A Junior Hi Shop and
lobby (3,870 sq. ft) is added at the entrance to the
Second Avenue Skywalk; and, the final area of the Granby
acquisition is occupied on Street Floor.
1981 - The Men's Shoe Store is re -located in expanded area of
North Granby (3,600 sq.ft.); and, construction begins on
a final breaching of open space between the Granby and
Barnes -Chamberlain Buildings; 13,290 sq.ft. This space
results in new office space, relocation of mail room
and house package areas; the Dock and Receiving Area is
remodeled and Greeting Card Department expands.
1982 - Street Floor Service Desk is re -located. Construction
of new Candy Shop on Street Floor is in progress.
1982 - Total Store: 300,000 sq.ft.
The Corporation is headed by a strong team of experienced retailers
and governed by a Board of Directors made up of 19 people all of whom
are members of that management team. Top management is made up of the
following people:
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Chairman of the Board
Robert C. Armstrong, Majority
Stockholder, 60 years experience.
President
Allan C. Peremsky, 24 years experience
'4
Vice President -Finance
James L. Miller, 14 years experience
Vice President -Operations
Charles C. Gardner, 28 years experience
Vice -President -Merchandising
and General Merchandise
Manager
George M. Loshbaugh., 15 years experience
Vice President -Sales
Promotion
Allyn Ndubauer, 18 years experience
Vice President - Director
Amelia Meffert, Armstrong Family
Representative
Secretary - Director of
Personnel and Training
Gary J. McCright, 12 years experience
Treasurer
George K. Baldwin, 22 years experience
All of the above experience is
with Armstrong's, Inc. and all have
been associated with the company during its major growth period,
the 1960's to the present.
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MAY 251932
REDEVELOPER'S STATEMENT OF QUALIFICATIONS AND FINANCIAL RESPOT96Y S T O L F U S
A �t33Cre CLERK.
1. a. Name of Redeveloper: Armstrong's, Inc. UT s
b. Address and ZIP Code of Redeveloper:
222 3rd Ave., S.E., Cedar Rapids, Iowa 52401
•2. The land on which the Redeveloper proposes to enter into a contract for, or
understanding with respect to, the purchase or lease of land from:
i
The City of Iowa City, Iowa
in - City -University Project I
in the City of Iowa City, State of Iowa, is described as follows:
Parcel 64-1a
3. Is the Redeveloper a subsidiary of or affiliated with any other corporation
or corporations or any other firm or firms? _ yes x no
If yes, list each such corporation or firm by name and address, specify. its
relationship to the Redeveloper, and identify the officers and directors or
trustees common to the Redeveloper and such other corporation or firm.
4. a. The financial condition of the Redeveloper, as of January 31 ,
1982 , is as reflected in the attached financial statement.
(NBir Attach to this statement a certified financial statement showing
the assets and the lWilities, inaWing contingent Ziabi.Zitias, fully
itemized in accordance with accepted accounting standards and based on a
proper audit. If the date of the certified financial statement precedes
.the date of this submission by more than six months, also attach an interim
balance sheet not more than 60 days old).
b. Name and address of auditor or public accountant who performed the audit
on which said financial statement is based:
Mr. Frank A. Davey, Partner
McGladrey Hendrickson & Co.
10th Floor, MNB Building
Cedar Rapids, Iowa 52401
S. If funds for the development of the land are to be obtained from sources other
than the Redeveloper's own funds, a statement of the Redeveloper's plan for
financing the acquisition and development of the land:
See Attached "Redeveloper's Financing Plan"
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6. Sources and amount of cash available to Rodeveloper to meet equity requirements
of the proposed undertaking:
a. In banks: See Attached "Redeveloper's Financing Plan"
Name, Address, and Zip Code of Bank Amount
b. By loans frog affiliated or associated corporations or firms:
Name. Address; and Zip Code of Source Amount
e. By sale of readily salable assets:
Description Market Mort gages or Liens
7. Nees and addresses of bank references:
Brenton Bank & Trust Company
1st Ave. & 2nd St. N. E.
Cedar Rapids, Iowa 52401
8. a. Has the Redeveloper or (if any) the parent corporation, or any subsidiary
or affiliated corporation of Redeveloper or said -parent corporation, or any
of the Redeveloper's officers or principal members, shareholders or investors,
or.other interested parties (as listed in the responses to Items S, 6, and
7 of the Redeveloper', Statement for 1LbZie Dieeioeure and referred to -
herein as "principals of .the Redeveloper"been adjudged bankrupt, either
voluntary or involuntary, within the past 10 years? _ yes. -x--no
If yes, give date, place, and under what name.
b. Has the Redeveloper or anyone referred to above as !'principals of the
Redeveloper" been indicted for or convicted of any felony within the past
10 years? _ yes .-.2L no
If yes, give- for each case (1) date, (2) charge, (3) place, (4) Court, and
(S) action taken. Attach any explanation deemed necessary.
9. a. Undertakings, comparable to the proposed redevelopment work, which have been
completed by the Redeveloper or any of the principals of the Redeveloper,
including identification and brief description of each project and date of
completion:
Relocation of Store in downtown Cedar Rapids 1959
Sundry Additions and Remodelings of Store in
Cedar Rapids 1959 -Present
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b. If the Redeveloper or any of the principals of the Iedeveloper hes ever
been an employee, in a supervisory capacity, for construction contractor
or builder on undertakings comparable to the proposed redevelopment work,
name of such employee, name and address of employer, title of position,
and brief description of work:
Not Applicable
10. Other federally aided urban renewal projects under Title I of the Housing Act
of 1949, as mended, in which the Redeveloper or any of the principals of the
Redeveloper is or has been .the redeveloper, or a stockholder, officer, director
or tiustes, or partner of such a redeveloper: Cedar River Tower,
Civic Center, Parcel 22b and Parcel 22c, City of Cedar Rapids, Linn County,
Iowa. Robert C. Armstrong as stockholder in Deb, Inc.
11. If the Redeveloper or a parent corporation, a subsidiary, an affiliate, or a
principal of the Redeveloper is to participate in the development of 'he land
as a construction contractor or builder: Not Applicable
a. Name and address of such contractor or builder:
b. Has such contractor or builder within the last 10 years ever failed to
qualify as a responsible bidder, refused to enter into a contract after
an award has been made, or failed to complete a construcction or development
contract?
If yes, explain:
C. Total mount of construction or development work performed by such
contractor or builder during the last three years: $
General description of such work:
d. Construction contracts or developments now being performed by such contractor
or builder:
Date to be.,
Identification of Amount Coayleted
Contract or Development Location
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e. Outstanding construction -contract bids of such contractor or builder:
Awarding Agency
Amount Date Opened
12. Brief statement respecting equipment, experience, financial capacity, and other
resources available to such contractor or builder for the performance of the
work involved in the redevelopment of the land, specifying particularly the
qualifications of the personnel, the nature of the equipment, and the general
experience of the contractor:
Not Applicable
13. a. Does any amber of the governing body of the locality in which the Urban
Renewal Area is situated or any other public official of the locality, who
exercises any functions or responsibilities in the review or approval of
the carrying out of the project under which the land covered by the
Redeveloper's proposai.is being made available, have any director indirect
personal interest -in the Redeveloper or in the redevelopment or rehabilita-
tion of the property upon the basis of such proposal? _yes . X no
If yes, explain.
14. Statements and other evidence of the Redeveloper's qualifications and financial
responsibility (other than the financial statement referred to in Item 4a) are
attached hereto and hereby made a part hereof as follows:
None (except financial statement)
CERTIFICATION'
I (We)l -Armstrong's, Inc.
certify that this Redeveloper's statement of Qualifications and Financial Responsi.
bility and the attached evidence of the Redevelopers qualifications and financial
responsibility, including financial statements, are true and complete to the best
of my (our) knowledge and belief.2
Dated: Dated:75, /9f21
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President Secretary
Title Title
2223rd Ave., S.E.
Cedar Rapids, Iowa 52401
Address and ZIP Coe Address and ZIP Code
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If the Redeveloper is a corporation, this statement should be signed by the President
and Secretary of the corporation; if an individual, by such individual; if a'part-
nership, by one of the partners, if an entity not having a preeident and secretary,
by one of its chief officers having knowledge of the financial status and qualifi-
cations of the Redeveloper.
Za fine finer or False Certification: Section 1001, Title 18, of the U.S. Cade, provides
a of not more than 10,000 or imprisonment of not more than five years, or
both, for knowingly and WiZZ ull making or using y f ng false writing or dor entry
�+owing,tlu+ anise to contain any. 9aZaa,�ictioua or fraudulent statement or entry
,in a matter within the jurisdiction of any Department of the United Staten.
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REDEVELOPER'S FINANCING PLAN
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Armstrong's, Inc., intends to purchase the land and construct the 1
proposed retail store with funds generated from working capital,
cash flows and interim construction loans. Upon completion of the
redevelopment, Armstrong's, Inc., intends to sell and lease -back
ti,e facilities under a long-term lease, subject to the. City's approval
as provided in paragraph (5) of the offer. The redeveloper may
request Industrial Revenue Bond financing for finishing, fixturing
and equipping the building and the ultimate lessor may request L
Industrial Revenue Bonds for permanent financing of the redeveloped
1 property.
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Part I
of
CONTRACT FOR
SALE OF LAND FOR PRIVATE REDEVELOPMENT
By and Between
Armstrong's, Inc.
and
The City of Iowa City, Iowa
for
Parcel 64 -la
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MAY 2 51982
ABBIE STOLFUS
CITY CLERK
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CONTRACT FOR
SALE OF LAND FOR PRIVATE REDEVELOPMENT
AGREEMENT, consisting of this Part I and Part II annexed hereto and
made a part hereof (which Part I and Part II are together hereinafter
d of
called "Agreement"), made on or as of the y
19 , by and between the City of Iowa City,
Iowa, a public 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 Act4) and having its office at the Civic Center in the City of
Iowa City, State of Iowa, and _....._..no,g In
(hereinafter
called 'Redeveloper") and having an office for the transaction of business
at 22 3rd Ave. S. E. _ Cedar Ra ids Iowa 52401
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
(hereinafter 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, consisting of
the Urban Renewal Plan, dated September 3, 1969, by Resolution No. 2157,
as amended from time to time and as it may hereafter be further amended
pursuant to law (as so "e)nose indicated by the
context,hereinafter called "Urban Renewal Plan",
WHEREAS, a copy of the Urban Renewal Plan as constituted on the date
of the Agreement has been recorded among the land records for the place in
which the Project Area is situated, namely, in the Office of the Johnson
County Recorder in Book 558, at page 40, 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 City to achieve the objectives of the
Urban Renewal Plan and particularly to make the land in the Project Area
ava table 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
in Schedule A annexed hereto and made a part hereof (which property as so
described is hereinafter called "Property") and to redevelop the Property
for and in accordance with the uses specified in the Urban Renewal Plan
and in accordance with the Agreement; and
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WHEREAS, the City believes that the redevelopment of the Property
pursuant to the Agreement, and the fulfillment generally of the Agreement,
are in the vital and best interests of the City and health, safety,
morals, and welfare of its residents, and in accord with the public
purposes and provisions of the applicable Federal, State, and local laws
and requirements under which the Project has been undertaken; and
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 terms, covenants, and conditions of the Agreement, 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 therefor, the amount set forth in Schedule B hereof,
subject to the terms and conditions of Section 2 of this Agreement.
The amount set forth in Schedule B, hereinafter called "Purchase
Price," is to be paid in cash or by certified check simultaneously
with the delivery of the deeds conveying the property to the
Redeveloper.
SECTION 2. CONVEYANCE OF PROPERTY
(a) Form of Deed. The City shall convey to the Redeveloper title to
The property by Special Warranty .Deed (hereinafter called
"Deed"). Such conveyance and title shall, in addition to the I
condition subsequently provided for in Section 704, Part II,
hereof, and to all other conditions, covenants, and
restrictions 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,
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.
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(b) Time and Place for Deliver of Deeds. The City shall deliver
the Deed and possession of the property to the Redeveloper upon
payment of the purchase price in full upon such dates as called
for in this Agreement. Conveyance shall be made at the
principal office of the City and the Redeveloper shall accept
such conveyance and pay to the City at such time and place the
purchase price in full for each parcel delivered.
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(c) Recording of Deeds. The Redeveloper shall promptly file the
Deed for recording among the land records of Johnson County,
Iowa. The redeveloper shall pay all costs for so recording said
Deed. This Contract for Sale of Land for Private Redevelopment
shall also be recorded at the Johnson County Recorder's Office.
Upon said recording, the real property herein described shall
be deemed taxable real estate under Iowa property tax law.
Further, the Redeveloper shall be responsible for all such
property taxes from the date of recording of this Contract of
Sale of Land for Private Redevelopment. In the event legal
title is not delivered to the Redeveloper, parties agree that
said taxes will be prorated between the Redeveloper and -the
City betewen applicable date of possession and the date of
termination or expiration of this contract.
(d) Delivery of the Abstract. The City will furnish to the
Redeveloper in advance of the closing on the parcel, an abstract
of title showing good marketable title in the City of Iowa City,
Iowa, free and clear of all taxes, assessments .or other
encumbrances except as herein specified. The abstract of title
shall be at City expense and will be certified by a qualified
abstracting company to the close of business as the closest
practical date prior to the date of the deed of conveyance. The
cost of obtaining an attorney's examination of the abstract for
title opinion and/or the cost of obtaining title insurance, if
required, shall be at the expense of the Redeveloper.
(e) Delivery of Property. The City will deliver the property
described in 5rhedule A hereof at the time set forth in Schedule
C hereof. The Redeveloper agrees to pay for and accept title of
such property as called for in this Agreement and agrees to
begin development promptly on the property conveyed within the
time. called for in this Agreement. Failure by the Redeveloper
to pay for and accept delivery of the urban renewal land as
called for herein will result in forfeiture of the deposits
posted with the City by the Redeveloper attributable to such
property, without limiting the City as to other remedies
against the Redeveloper. In the event the City is unable to
deliver the property as called for in Schedule C to the
.Redeveloper, the Redeveloper shall have the option of
rescinding the development contract by causing a written notice
to be served upon the City of the exercise of such option. Upon
receipt by the City of this notice, the City shall have sixty
(60) days to cure the default by tendering the property covered
in the notice to the Redeveloper. If the City is unable to cure
the default within the sixty (60) days as provided herein, the
Redeveloper shall, at its option, stand relieved of its
obligation to accept the parcel involved and the City shall, in
such event, promptly refund the Redeveloper's good faith
deposit, referred to in Section 3 hereof. It is expressly
understood and agreed that the City shall have no other
liability, direct or indirect, to the Redeveloper on account of
delay or inability to deliver land to the Redeveloper as called
for in this Agreement and the Redeveloper's remedy in the event
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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 Developer. In the event the Redeveloper fails to
accept delivery of and pay for the property described herein, as
called for in this Agreement, the City may, at its option, call
the entire Agreement in default, serve a proper notice of
forfeiture upon the Redeveloper, and terminate this Agreement
in its entirety.
(g) Condition Precedent to Conveyance. The City's obligation to
convey to the Redeveloper title to the property described
herein is subject to the condition precedent concerning
financing as set forth in Schedule C hereof.
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 ($5,000.00) Dollars, in which the City is the
obligee, issued by Not Applicable a surety
company regularly engaged in the issuance of such undertakings
and on the .list of surety companies approved by the United
States Treasury for at least such amount, or cash, or a
certified check satisfactory to the City in the amount of Five
Thousand ($5,000.00) Dollars, hereinafter 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, 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 II 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.
(d) Return to Redeveloper. Upon issuance of both Certificates of
Completion. as called for in Section 305 of Part II hereof, or
upon termination of the Agreement as provided in Section 702 of
Part II hereof, the Deposit shall be returned to the Redeveloper
by the City.
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SECTION 4. TIME FOR 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.
SECTION 5. TIME FOR CERTAIN OTHER ACTIONS
1
(a) Time for Submission of Construction Plans. The Redeveloper shall
submit construction plans as called for in Section 301 of Part II of
this Agreement as soon as possible subsequent to the time for
conveyance set forth in Schedule C hereof.
(b) Time fpr 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.
(c) 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 COVENANT ON USE
The covenants pertaining to the use of the Property, set forth in
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Paragraph (a) of Section 401 of Part II hereof, shall remain in effect
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from the date of the Deed until October 2, 1994, the period specified or
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referred to in the Urban Renewal Plan, and shall automatically extend for
five year periods thereafter, unless changed by the City Council.
• SECTION 7. NOTICES AND DEMANDS
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A notice, demand, or other communication under the Agreement by either
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party to the other shall be sufficiently given or delivered if it is
dispatched by registered or certified mail, postage prepaid, return
receipt requested, or delivered personally, and
(i) in the case of the Redeveloper, is addressed to or delivered
personally to the Redeveloper at
Armstrong's. Inc.
222 3rd Ave., S. E.
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Cedar Rapids. Iowa 52401
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(ii) in the case of the City, is addressed to or delivered personally to
the:
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City Manager
Civic Center
410 E. Washington St.
Iowa City, Iowa 52240
j 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
The Agreement is executed in three (3) counterparts, each of which shall
constitute ooe and the same instruments.
SECTION 9. DEPOSIT AND FINANCING FEES FOR INDUSTRIAL REVENUE BONDS
Fees will be determined at time of issuance of the Industrial Revenue
Bonds.
SECTION 10. SUBMISSION OF DETAILED FINANCIAL INFORMATION
The Redeveloper shall submit to the City, on or beforect ber 1
or upon such earlier or later request of the City, the detai ed
financial information necessary to support the issuance of industrial
revenue bonds.
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WITNESS WHEREOF, the City has caused the Agreement to be duly
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executed in its name and behalf by its Mayor and its seal to be hereunto
duly affixed and attested by its City Clerk, and the Redeveloper has
caused the Agreement to be duly executed in its name and behalf by its
- Joint Venturer Partners, on or as of the day first above written.
CITY OF IOWA CITY, IOWA
ATTEST:
BY:
CITY CLERK MAYOR
STATE OF IOWA )
ss.
COUNTY OF JOHNSON )
On this_T day of A.D., 1981, before me, a Notary
Public duly commissioned and qualified in and for said County and State,
personally appeared John R. Balmer, Mayor of the City of Iowa City, Iowa,
and Abbie Stolfus, City Clerk of said City, each being to me personally
known to be the identical persons and officers named in the foregoing
instrument, who executed the same under and by virtue of the authority
vested in them by the City Council of said .City, and each for
himself/herself acknowledged the execution thereof to be his/her
voluntary act and deed for purposes herein expressed.
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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:
To Be Provided By City of Iowa City.
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PARCEL NO.
64-1a
SCHEDULE B
PRICE OFFERED
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PARCEL NO.
64-1a
SCHEDULE B
PRICE OFFERED
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PARCEL NO.
64-1a
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SCHEDULE C
TIME FOR CONVEYANCE
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DATE
October 1, 1982
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SCHEDULE D
Improvements on the parcel listed below will commence and be
completed in accordance with the following schedule:
PARCEL NO. COMMENCE COMPLETION
64-1a October 1, 1982 August 1, 1984
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SCHEDULE D
Improvements on the parcel listed below will commence and be
completed in accordance with the following schedule:
PARCEL NO. COMMENCE COMPLETION
64-1a October 1, 1982 August 1, 1984
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Part II
of
CONTRACT FOR
SALE OF LAND FOR PRIVATE REDEVELOPMENT
By and Between
Armstrong's Inc
and
The Citv of Iowa Citv, Iowa
for
Parcel 64-1a
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Part II
of
CONTRACT FOR
SALE OF LAND FOR PRIVATE REDEVELOPMENT
By and Between
Armstrong's Inc
and
The Citv of Iowa Citv, Iowa
for
Parcel 64-1a
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ARTICLE I. PREPARATION OF PROPERTY FOR REDEVELOPMENT
SECTION 101. DEMOLITION AND SITE CLEARANCE. It is agreed that the City
shall convey and the redeveloper shall accept the property set forth in
Schedule A of this agreement AS IS (except that the City shall remove the
pavement of the existing parking lot prior to the Redeveloper's obligation
to commence construction) and it is expressly 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. CITY'S RESPONSIBILITIES -FOR CERTAIN OTHER ACTIONS. The
City, without expense to the Redeveloper or assessment or claim against
the property, shall cause the restriction of traffic and construction of
public improvements on existing street rights-of-way,. and the
construction of parking structures as specifically set forth in the Urban
Renewal Plan. 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 in the public interest.
SECTION 103. WAIVER OF CLAIMS AND JOINING IN PETITIONS BY REUEVhLOrtK.
The Redeveloper hereby 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 award 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 102 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
itself, the City, and any public utility company, as may be appropriate,
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.
SECTION 202. REDEVELOPER NOT TO CONSTRUCT OVER UTILITY EASEMENTS. The
Redeveloper shall not construct any building or other structure or
improvement on, over, or within the boundary lines of any easement for
public utilities described or referred to in Paragraph (1), Section 2 of
Part I hereof, unless such construction is provided for in such easement
or has been approved in writing by the City Engineer or the authorized
representative of an affected public utility.
MICROrILMED BY
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SECTION 203. ACCESS TO PROPERTY. Prior to the conveyance of the
Property by the City to the Redeveloper, the City shall permit
representatives 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 necessary to carry
out the Agreement. After the conveyance of the Property by the City to
the Redeveloper, the Redeveloper shall permit employees, agents or
representatives of the City access to the Property at all reasonable times
for the purposes 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. -
ARTICLE III. CONSTRUCTION PLANS; CONSTRUCTION OF
IMPROVEMENTS; CERTIFICATE OF COMPLETION
SECTION 301. PLANS FOR CONSTRUCTION OF IMPROVEMENTS. Whenever used in
this Agreement, the 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 determine the intentions of the
Redeveloper. These documents have been prepared by the City architect and
will be utilized and accepted by the Redeveloper as an integral part of
the Redeveloper's offer. 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 subsequent to the designation. of the Redeveloper. The term
"Improvements", 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 Improvements
called for in this Agreement, submit for approval by the City Council
construction plans, and such other information as is necessary for the
City Council to determine the intentions of the redeveloper. Approval of
such construction plans by the City Council shall in no way relieve the
Redeveloper of the responsibility for obtaining all required permits and
otherwise fully complying with all applicable state and local codes and
ordinances. Following approval of the construction plans by the City
Council, the Redeveloper shall obtain all permits required by applicable
City codes and ordinances.
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 and construction plans as approved by the City
Council.
SECTION 302. CHANGES IN CONSTRUCTION PLANS. If the Redeveloper desires
to make any changes in the construction 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 Housing and Inspection
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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.
Ine xeoeveioper agrees for itself, its successors and 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 withip 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, setting 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 appropriate instrument so
certifying. Such certification by the City shall be (and it shall be
so provided in the Deed and in the certification itself) a conclusive
determination of satisfaction and termination of the agreements and
covenants in the dates for the beginning and completion thereof:
Provided, that if there is upon the Property a mortgage insured, or
held or owned, by the Federal Housing Administration and the Federal
Housing 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 determination of the Federal Housing
Administration as to such completion of the construction of the
Improvements in accordance 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
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have been fully satisfied, the City shall forthwith issue its
certification provided for in this Section. Such certification and
such determination shall constitute evidence of compliance with or
satisfaction of any obligation of the Redeveloper to any holder of a
mortgage, or any insurer of any 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 (Schedule D) 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
Improv'Aments relating to any such part or parcel have been made in
accordance with the provisions of the Agreement. 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 Improvemetns
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 or remedies or controls
that it may otherwise have or be entitled to exercise with respect to
the construction of 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 accordance with the provisions of this
Section, the City shall, within thirty (30) days after written
request by the Redeveloper, provide the Redeveloper with a written
statement, indicating in adequate detail in what respects the
Redeveloper 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.
ARTICLE IV. RESTRICTIONS UPON USE OF PROPERTY
SECTION 401. RESTRICTIONS ON USE. The Redeveloper agrees for itself,
and its successors and 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
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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.
UPON
PERIOD
Ur uunnllull. 16 10 II...I PIG. uur uy.---, - . . - ---- ---- -.._.. __ _.- -__.
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 classifications 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
agreed 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 subdivision (b) of Section 401 hereof shall
remain 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 interst 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 775n, 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
amplification, 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 subdivision (b) of Section 401
hereof, both for and in their or its own right and also for the purposes of
protecting the interest 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
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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 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 propery 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 that its purchase of the Property, and its other
undertakings pursuant to the Agreement, are, and will be used, for the
purpose of the redeveloment 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 involving
or resulting in a significant change in the ownership 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 stockholders,
are of particular concern to the community and the City. The Redeveloper
further recognizes that it is because of the recognition 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 co
performance of all undertakings and venants in the Agreement.
SECTION 502. PROHIBITION AGAINST TRANSFER OF UwntKbHLF UK LUMIKUL Ur
REDEVELOPER. For the foregoing reasons, the Redeveloper agrees for
itself, 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 Redeveloper 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.
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SECTION 503. PROHIBITION AGAINST TRANSFER OF PROPERTY AND ASSIGNMENT OF
AGREEMENT. Also, for the foregoing reasons the Redeveloper represents and
agrees for itself, and its successors and assigns, that:
(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 acquiring the property
and 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 Improvements as
certified by the City, make or create, or suffer to be made or created, j
any total or partial sale, assignment, conveyance, or lease, or any trust j
or power, or transfer in any other mode or form of or with respect to the i
Agreement or the Property, or any part thereof or any interest therein, or
any contract or agreement to do any of the same, without the prior written
approval of the City: Provided, that prior to the issuance by the City of ;
the certificate provided by in Section 305 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 s
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. i
(b) The City shall -be entitled to require, except as otherwise provided
in this Agreement, as conditions to any such approval that:
(1) Any proposed transferee shall have the qualifications and
financial responsibility, as determined by the City, necessary
and adequate to fulfill the obligations undertaken 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 satisfactory
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 conditions and restrictions to which
the Redeveloper is subject (or, in the event the transfer is of
or related to part of the Property, such obligations,
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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 transferee or
on its behalf shall not exceed an amount representing the actual
cast (including carrying charges) to the Redeveloper of the
Property (or allocable to the part thereof or interest therein
transferred) and the Improvements, 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 prior to the issuance of the certificate of completion as
set forth in Section 305 of this Agreement. 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 subdivision (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 obligations with respect thereto.
SECTION 504. INFORMATION AS TO HOLDERS OF INTEREST IN REDEVELOPER. In
order to assist in the effectuation of the purposes of this Article V and
the statutory objectives 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
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(b) the Redeveloper shall, at such times as the City may request, furnish
the City with a complete statement, subscribed 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 respective holdings, and in the event any other
parties have a beneficial interest in such holdings their names and
the extent 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.
ARTICLE VI. MORTGAGE FINANCING; RIGHTS OF MORTGAGEES
SECTION 601. LIMITATION UPON ENCUMBRANCE OF PROPERTY. Prior to the
completion of the Improvements, as certified by 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 transaction creating
any mortgage or other encumbrance or lien upon the Property, whether by
express agreement or operation of law, or suffer any encumbrances 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, 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 those
which are or are intended to be covenants running with the land, the
holder of any mortgage authorized by the Agreement (including 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
way be obligated by the provisions of the Agreement to construct or
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complete the Improvements 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
re
Section or any other Section or provision of the Agement 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.
SECTION 603. COPY OF NOTICE OF DEFAULT TO MORTGAGEE. Whenever the City
shall deliver any notice or demand to the Redeveloper with respect to any
breach or default by the Redeveloper in its obligations or 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
default referred to in Section 603 hereof, 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 of 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 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
Any such holder who shall l 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
another he
ment
successor,dshalltnot apply to thetpart9oreparcel by
fhRedeveloper
Property
in or breach of or such
yto which
such certification relates.
SECTION 605. G11Y'z) uriiun iu rn -- ---
In any case, where, subsequent to default or breach by the Redeveloper (or
successor in interest) under the Agreement, the holder of any mortgage on
the Property or part thereof
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(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
(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 completion of
the Improvements with respect to the Property by the Redeveloper 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 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 Improvements 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
debts and such debt had continued in existence.
SECTION 606: CITY'S OPTION TO CURE MORTGAGE DEFAULT. In the event of a
default or breach prior to the completion of the Improvements by the
Redeveloper, or any successor in interest, in or of any of its.obligations
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 otherwise, 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
including 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 or condition secured by
MICROFILMEDBY
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such mortgage or deed of trust, including, but not limited to, the Federal
Housing Commissioner, the Administrator 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 Agreement,
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 shilll not be cured or remedied. within a reasonable time, the
aggrieved party may institute such proceeedings as may be necessary or
desirable in its option 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.
at6I1un iuc. ItMNAllUn !:$Y RtUhVtLUPER 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 reasonable 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 Redeveloper will not be hampered or delayed in the
Sonstruction 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 allocableto .the portion of the property not
conveyed and this agreement with respect of the property not conveyed
shall be terminated, provided, it is hereby expressly agreed that in the
event this agreement is terminated pursuant to this Section each party to
this agreement shall be solely responsible for all expenses incurred or
obligated'by it and shall have no 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 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 Deposit
or any portion thereof may be retained by the City as liquidated damages
and as its property without any deduction, offset, or recoupment
whatsoever, and neither the Redeveloper (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.
II -12
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SECTION 704 REVESTING TITLE IN CITY SU85EQUtnI iu bufVClnn G I�
REDEVELOPER. In the 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
red
reement in
(a) the satisfactory pfo mer o and es oins he manner and byt plans as �the dates e 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 gompletion 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 thereof when
real
estate taxes or assessments on the Property or any part
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 mechanic's 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 satisfactory 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 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 inaction 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 Improvements
constructed thereon, and that such title and all rights and interests of
the Redeveloper, and any assigns or successors 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 bthe lien olf anotmdefeat,
render invalid, or limit in any y,
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authorized by the Agreement, and (ii) 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 therefore as provided in Section 305 hereof or
on which the Improvements to be constructed thereon are in fact
proceeding with construction on an approved schedule and for which a
certificate of completion would be issued in normal course.
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 whatsoever, in the event of a default, violation
or failure of the Redeveloper as specified in this Section.
vpun 6— vuveb Llny In Lne 6iLy o7 L1LIe To Lne Property or a portion
thereof and 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 therof (subject
to such mortgage liens'and leasehold interest as in Section 704 set forth
and provided) as soon and in such manner as the City shall find feasible
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 Te 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 wiht 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 wouldhave been payable if the Property
or part thereof at the time•of revesting of title thereto in the City
or to discharge or prevent from attaching or being made any
subsequent encumbrance 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 transferee,
up to the amount equal to (1) the sum of the purchase price paid by it
II -14
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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.
SECTION 706. OTHER RIGHTS AND REMEDIES OF CITY; NO WAIVER BY DELAY.
The City shall have the right to institute such actions or proceedings 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 certificate 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 ani"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 by 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 of the particular
default except to the extent specifically waived in writing.
SECTION 707. IMPOSSIBILITY OF PERFORMANCE BY CITY PRIOR TO CONVEYANCE
Ur rMurtnlY. anouia at any time prior to the conveyance of title to any
Property under this Agreement, the City of Iowa City, Iowa be enjoined
from such conveyance or prevented from so doing by any order or decision
or act of any judicial, legislative or executive body having authority in
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 that the City shall have no liability for
failure to, deliver title to such Property or any part thereof to the
Redeveloper after making a good faith attempt to do so.
rAKIY. ror the purposes or any of the provisions of the Agreement,
neither the City nor the Redeveloper, as the case may be, nor any
successor in interest; shall be considered in breach of, or default in,
its obligations with respect to this Agreement in the event of enforced
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delay in the performance of such obligations due to unforeseeable causes
beyond its control and without its fault or negligence, including, but not
restricted to, acts of God, acts of public enemy, acts of the other party,
fires, floods, epidemics, quarantine restrictions, strikes, litigation
and unusually severe weather or delays of subcontractors due to such
causes; it being the purpose and intent 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
the enforced delay as determined by the City: Provided, that the party
seeking the benefit of the provisions of this Section shall, within ten
(10) days after the beginning of any such enforced delay, have first
notified the other party thereof in writing, and of the cause or causes
thereof, anis requested an extension for the period of the enforced delay.
SECTION 709. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies of
the 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
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
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.
bt:LMN 11u. rmmi iii
The Redeveloper, for itself and its successors and assigns, and for 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
=L11UN aui. wnr11.1 -..
INDIVIDUALLY LIABLE. No member, official, or employee of the City shall
have any personal interest as defined in Chapter 403, Code of Iowa 1979,
direct or indirect, in the Agreement, nor shall any such member, official,
or employee participate in any decision relating to the Agreement which
affects his/her personal interests or the interests of any corporation,
partnership, or association in which he/she is, directly or indirectly,
interested. No member, official, or employee of the City shall be
personally liable to the Redeveloper, or any successor in interest, in the
event of any default or breach by the City or for any amount which may
II -16
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become due to the Redeveloper or successor or on any obligations under the
terms of the Agreement.
SECTION 802 EQUAL EMPLOYMENTnsOPPORTUNITY. The Redeveloper, for itself
and its successors and assig, 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, age, creed, 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, age,
creed, 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 compensation; 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 nondiscriminatory 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.
(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 understanding, a notice, to be
provided, advising the labor union or workers' representative of the
Redeveloper's commitments under the City of Iowa City's Contract
Compliance Program, and shall post copies of the notices in
conspicuous places available to employees and applicants for
employment.
(d) The Redeveloper will comply with all provisions of the City of Iowa
City's Contract Compliance Program.
(e) In the event of the Redeveloper's noncompliance with the non-
discrmination 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.
(f) The Redeveloper will include the provisions of Paragraphs (a)
through (f) 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 a specific exemption is
approved by the City Council 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
may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that in the event
II -17
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the Redeveloper becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such
direction by the City, the Redeveloper may request the City to enter
into such litigation to protect the interests of the City.
SECTION 803. PROVISIONS NOT MERGED WITH DEED. None of the provisions of
the Agreement are intended to or shall 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 title of the several
parts, Articles, and Sections of the Agreement are inserted for
convenience of reference only and shall be disregarded in construing or
interpreting any of its provisions.
II -18
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ARMSTRONG'S, INC.
FINANCIAL REPORT
JANUARY 31, 1982
141CROFILMED BY
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ARMSTRONG'S, INC.
FINANCIAL REPORT
JANUARY 31, 1982
141CROFILMED BY
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CEDAR RAPIDS DES MOINES
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MAY 2 51982
ABBIE STOLFUS
Cl7Y CLERK
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C O N T E N T S
INDEPENDENT AUDITORS' REPORT
(i
ON THE FINANCIAL STATEMENTS
FINANCIAL STATEMENTS
Balance sheets
Statements of income
Statements of changes in stockholders' equity
Statements of changes in financial position
Notes to financial statements
fit•
INDEPENDENT AUDITORS' REPORT
L
ON TETE SUPPLEMENTARY INFORMATION
j]
SUPPLEMENTARY INFORMATION
Ten-year condensed balance sheets
Ten-year condensed statements of income
Ten-year statements of changes in financial position
Ten-year financial statistics
Balance sheet information:
Trade receivables
U
Property and equipment
Accrued expenses
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McGladrey Hendrickson &Co.
CERTIFIEO PUBLIC ACCOUNTANTS
8
To the Hoard of Directors
Armstrong's, Inc.
Cedar Rapids, Iowa
We have examined the balance sheets of Armstrong's, Inc. as of January 31,
1982 and 1981 and the related statements of income, changes in stockholders' equity
and changes in financial position for the years then ended. Our examinations were
made in accordance with generally accepted auditing standards and, accordingly,
included such tests of the accounting records and such other auditing procedures as
we considered necessary in the circumstances.
In our opinion, the financial statements referred to above present fairly
the financial position of Armstrong's, Inc. as of January 31, 1982 and 1981, and the
results of its operations and changes in its financial position for the years then
ended, in conformity with generally accepted accounting principles applied on a con-
sistent basis.
Cedar Rapids, Iowa
March 24, 1982
MW
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OFILMED BY
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n0ST9.ONC'5, INC.
BALANCE SNARES
J.... ry 71, 1902 and 1981
ASSETS
C11"ENT ASSETS
Cash (Note 3)
Trade receivables, loss aliment, for doubtful
account. 1982 $/9.0001 1981 676.000
Inca. us *foods rer.ivablt
Other receivable.
InMntarles (Note 2)
prepaid expense.
Total current meet,
IRESTMST$
C.In stock, at cost, ArostwnP/aca Realty
Company, 4.478 word (book value at
January 71. 1902 estlaatad to be approalnataly
6119,6001 January 31, 1991 11171900)
Conon stock of Dovntwn Skyway 1Ptea, Ine„
at wet plus equity In net Inco. (1002)
I .... Ment to partnership. Dwmtoun Dsvalopmant
Company, 206, at wet loss equity in net ton
Inurement In joint Mature, Third Avenue Skyey
Sptu. 18.752, at wet loss equity 10 net 1012
Other unlined corporation stock, at wet
FROPERTT AND Tp1UIPMENt, at wet (Nota 3)
Land
Building.
Lessehold mprove.nts and qulpn.at
Construction In progress
Len accumulated depreciation
See Notes to financial Atata"nta.
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t1'.:/i':r r'.' :IM1-•w..�....•...—sees..__ ..
1912 1911
7 240,507 1 225,481
3.233,257 5.012.718
62,621 117,055
42,335 20,102
4.128.041 2.049,595
244,987 224,543
i 7,951,754 1 7.449.496
1 40,402
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n0ST9.ONC'5, INC.
BALANCE SNARES
J.... ry 71, 1902 and 1981
ASSETS
C11"ENT ASSETS
Cash (Note 3)
Trade receivables, loss aliment, for doubtful
account. 1982 $/9.0001 1981 676.000
Inca. us *foods rer.ivablt
Other receivable.
InMntarles (Note 2)
prepaid expense.
Total current meet,
IRESTMST$
C.In stock, at cost, ArostwnP/aca Realty
Company, 4.478 word (book value at
January 71. 1902 estlaatad to be approalnataly
6119,6001 January 31, 1991 11171900)
Conon stock of Dovntwn Skyway 1Ptea, Ine„
at wet plus equity In net Inco. (1002)
I .... Ment to partnership. Dwmtoun Dsvalopmant
Company, 206, at wet loss equity in net ton
Inurement In joint Mature, Third Avenue Skyey
Sptu. 18.752, at wet loss equity 10 net 1012
Other unlined corporation stock, at wet
FROPERTT AND Tp1UIPMENt, at wet (Nota 3)
Land
Building.
Lessehold mprove.nts and qulpn.at
Construction In progress
Len accumulated depreciation
See Notes to financial Atata"nta.
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t1'.:/i':r r'.' :IM1-•w..�....•...—sees..__ ..
1912 1911
7 240,507 1 225,481
3.233,257 5.012.718
62,621 117,055
42,335 20,102
4.128.041 2.049,595
244,987 224,543
i 7,951,754 1 7.449.496
1 40,402
1 40.402
24.185
22,639
• 27,157
23,530
36,111
31,496
678
129 I
2 534
12 01
1 399,911 6 369.917
2,471,621 1,592,664
4.064,478 3,694,594
16 279 14 719
16,942:497 3.692.C9
3 019 ]01 2 679 891
23,18 01 1 2
1/ L004,129 /10,569.294
LIMILITI93 AND ITOCRIIULDER9' LEVITY
CUARENT LIAMET1ES
Motu payable (Note 3)
Current .turities of Iwg-tars debt (Note 3)
A WtxrLa payable
Accrued sap.naas
Deferred Incame tee credits, current portion
Total current liabilities
LOMC-Tn01 DEBT (Mote 3)
DEFERRED INCOME TAI CUU175, noncurrent portico
STOCRIIDLDERS' 60UITT (Mete 3)
Common stock. per value {5 per sharp
2uthorlesd 550.000 shares; Issued
1912 2191060 sharasl 1961 295.448
shams (late 4)
Additional paid -16 capital
Retained "Mingo
CONNITIQNIS AND OffiTINCENCIEA (Note. 4, 5 and 6)
?MICROFILMED BY
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15 L004.129 510.589 ,294 O el'l
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1911
d
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$ 2,250,000
7 915,000
30,632
28,290
1.292.612
1,169,602
1,597,075
1,523,6861
443,600
409.000
A 5,613,917
7 4.105,660 I'
21,092
{ 23,360
qw
5 11,400
{ 11,000
1 1,445,300
6 1.467,240
1,407,459.
1,444,361
3.504,961
6 6,357,720
3 535 666
8 6274
15 L004.129 510.589 ,294 O el'l
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IJ ARMSTRONG'S, INC.
STATEMENTS OF INCOME
Years Ended January 31, 1982 and 1981
1982 1981
Net store sales $22,389,600 $21,836,911
Less leased department sales 836,132 853,280
I
Net owned department sales $21,553,468 $20,983,631
Cost of sales 12,726,836 12,564,746
Gross merchandise margin $ 8,826,632 $ 8,418,885 j
Other operating revenue, other than
credit service charges 93,717 118,675
$ 8,920,349 $ 8,537,560
aOperating expenses, net of credit service
charges 1982 $199,764; 1981 $189,202 8,274,133 7,967,683
Operating income $ 646,216 $ 569,877
Nonoperating income (expense):
Interest expense (237,895) (134,843)
• Dividend income 3,359 2,050
Interest income 538 451
$ 412,218 $ 437,535
Equity in net (loss) of affiliates (6,517) (69,763) `
Income before taxes on income $ 405,701 $ 367,772
(� Federal and state income taxes, including
I� increase (decrease) due to deferred income
taxes 1982 $35,000; 1981 $(3,000) 115,000 156,996
Net income $ 290,701 $ 210,776
Earnings per common share $ 1.00 $ .71"
,
See Notes to Financial Statements.
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ARMSTRONG'S,
INC.
STATEMENTS
OF CHANGES IN
STOCKHOLDERS'
EQUITY
Years -Ended
January 31, 1982 and 1981
Additional
Common
Paid -In
Retained
Stock
Capital
Earnings
Total
- {+
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Balance, January 31, 1980
Net income
$1,493,485
$1,480,342
$3 667 157
$6,640,984
Retirement of 6,460 shares
- -
210,776
210,776
Of common stock
Sale of 1,211 shares of
32,300
50,635
58,560
141,495
Common. stock
Dividends on common stock
6,055
14,661
20,716
{
{
Balance, January 31, 1981
Not
$1,467,240
51,444,368
283,707
$3,535,666
283,707
$6,447 274
r
1
income
Retirement of 4,911 shares
- -
- -
290,701
290,701
i
Oof
common stock
Sale of 523 shares of
24,555
44,754
41,479
110,788
comon stock
Dividends on common stock
2,615
- -
7,845
- -
10,460
0
Balance, January 31, 1982
$1.445,300
- -
$1,407,459
279,927
53,504,961
279,927
$6,357,720
See Notes to Financial Statements.
i
-4-
99�
1�
i
MICROFILMED BY �
DORM.""MICR#CEiB" .l
i CEDAR RAPIDS • DES I401NES
'ef`'
y fl
$ 1,255,002
i
Investments in affiliates
10,000
80,081
Long-term debt transferred to current liabilities
j
D
Cash dividends declared
,a
283,707
ARMSTRONG'S, INC.
STATEMENTS OF CHANGES IN FINANCIAL POSITION
Years Ended January 31, 1982 and 1981
1982 1981
FINANCIAL RESOURCES PROVIDED BY
Operations:
Net income $ 290,701 $ 210,776
Items which did not (provide), or require
outlay of, working capital during the year:
Depreciation 344,012 300,102
Deferred income taxes 400 (5,250)
Equity in net loss of affiliates 6,517 69,763
Total working capital provided by operations $ 641,630 S 575,391
Other sources:
Proceeds from long-term debt 26,364 - -
Proceeds from the sale of common stock
1982 523 shares; 1981 1,211 shares 10,460 20,716
Proceeds from sale,of investment 1,896 -
$ 680,350 S 596,107
FINANCIAL RESOURCES APPLIED TO
Purchase of property and equipment
$ 1,255,002
$ 295,998
Investments in affiliates
10,000
80,081
Long-term debt transferred to current liabilities
30,632
28',290
Cash dividends declared
279,927
283,707
Purchase of common stock for retirement
1982 4,911 ehares; 1981 6,460 shares
110,788
141,495
(Decrease) in working capital, as below
S 1 686 349
S 1,005,999)
$ 829,571
$(233,464)
SUMMARY OF CHANGES IN WORKING CAPITAL COMPONENTS
Increase (decrease) in:
Cash
$ 15,026
$ 75,882
Trade receivables
220,539
(98,914)
Income tax refunds receivable
(54,428)
117,055
Inventories
278,446
(211,346)
Other current assets
42,675
(11,684)
Decrease (increase) in:
Current portion of notes and contracts payable
(1,277,342)
(475,168)
Accounts payable and accrued expenses
(196,315)
372,961
Deferred income tax credits
(34,600)
(2,250)
(Decrease) in working capital
$(1,005,999)
$(233,464)
See Notes to Financial Statements.
=7=
1
MICROFILMED BY i
L J
JOR MMIC R#L AB -
CEDAR RAPIDS DES MOINES I
_y
J
II\I�i✓1
• ARMSTRONG'S, INC.
NOTES TO FINANCIAL STATEMENTS
i
Note 1. Nature of Business and Significant
Accounting Policies
1. Nature of business:
The Company's operations consist of operating a retail department store
in downtown Cedar Rapids, Iowa. j 1
Significant accounting policies: 1
i
The accounting policies relative to the carrying value of investments and i
w property and equipment are indicated in the captions on the balance
iYl sheets. Other significant accounting policies are as follows: j
Inventories:
i
In-store inventories are valued at the lower of wet (last -in, first -
out method) or market. In -transit inventories are valued at cost
I
(specific identification method).
Depreciation:
f
Depreciation of
p property and equipment is computed primarily by the
straight=line method.
l
Income taxes: j
The Company follows the policy of treating the investment credit as a
j� reduction of the federal income tax expense in the year in which the
(� credit is utilized. This policy has the effect of decreasing the
federal income tax expense and increasing net income $75,870 and
$12,189 for the years ended January 31, 1982 and 1981 respectively.
Deferred income tax credits have been provided on the following timing
differences:
(1) For income tax purposes only, the Company has elected to report
certain sales on account on the installment basis. This results
in a deferral of income for income tax purposes only.
(2) The Company's basis in its investment in Downtown Development
Companyis approximately $27,900 leas for income tax purposes j
because the partnership is deducting certain coats for income
tax purposes that are being capitalized for financial statement
Dpurposes.
�I I
-6-
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MICROFIL14ED BY
_ J
'JORMMICR�CAB�
/I I CEDAR RAPIDS • DES MOVES '
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i
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L
L
II
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L3
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I
NOTES TO FINANCIAL STATEMENTS
Pension costs:
The Company has a pension plan covering approximately 70% of its
employees. Pension plan expense is determined based on the actuarial
cost (entry age normal method) of current service and amortization of
past service costs over 40 years. The Company's policy is to fund
pension cost accrued.
Note 2. Composition of Inventories
The composition of the inventories is as follows:
January 31,
1982 1981
In-store $3,537,218 $3,353,059
In -transit 590,823 496,536
$4,128,041 $3.849,595
The use of the last -in, first -out method of determining the cost of the in-
store inventory, which was adopted on January 31, 1974, had the effect of
decreasing this inventory by $516,164 and $506,256 at January 31, 1982 and
1981 respectively as compared to what they would have been under the
first -in, first -out method.
Note 3. Pledged Assets, Current Notes Payable
and Long -Term Debt
The Company has a line of credit which expires on May 31, 1982 with Brenton
Bank 8 Trust Company, Cedar Rapids, Iowa, under which it can borrow up to
$2,700,000 on unsecured current notes payable. The interest rate charged
the Company is basad on a formula as set forth in the agreement. The
interest rate was 15 3/4% at January 31, 1982. This line of credit
agreement requires the Company to maintain an average compensating balance
of $200,000, stockholders' equity of $4,500,000, net current assets of
$2,000,000, a current ratio of not less than 1.5 to 1, and that the Company
shall not distribute or restrict its capital structure by more than 50% of
net income after taxes in any year. At January 31, 1982 all of the
covenants were complied with or waivers were obtained for noncompliance.
At January 31, 1982 there was $2,250,000 borrowed under this agreement
which is due an May 31, 1982.
mm
g9OL
MICROFILMED BY
-�' " JORM -MICR#LAB - 1.
CEDAR RAPIDS DES MOINES
f
_�o
b
. NOTES TO FINANCIAL STATEMENTS
Long—term debt at January 31, 1982 is as follows:
• Balance
Due
I
is Mortgage note payable, individuals $ 25,360(A)
Notes payable, individuals 26,364(B)
S 51,724
(A) This mortgage note payable is due to four individuals in monthly
installments of $2,630, including interest at 8%, with the final f
payment due in November, 1982. The note
payable is collateralized
by land and a building with a January 31, 1982 depreciated cost of �
$507,615.
(J (B) Unsecured, due in annual installments of $5,273, plus interest at
11%, to August, 1986.
Maturities of long—term debt are as follows:
Year ending January 31:
1983 $ 30,632
1984 5,273
1985 5,273
r 1986 5,273
L 1987 5,273
$_51_1724
Note 4. Stock Purchase Agreements
I
The Company has entered into Stock Purchase Agreements with certain of its
employee—scockholders under which it agrees to repurchase, upon death or -
termination of employment, all of the common stock held by these employees:
a Shares held more than one year are to be repurchased at the book value as
of the close of the Company's last. preceding fiscal year and shares held
less than one year are to be repurchased at a price equal to the price at
D which they were sold. The book value of Armstrong's, Inc. at January 31,
1982 was $22.11 per share and the 57,180 shares covered by these agreements
had a total repurchase price of $1,263,146 at that date.
i
i
11 _ 8 _
, V
r
i
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9901
" 141CROFILNED BY
JORM"--MICR4�LAB
LCEDAR RAPIDS • DES M018E5
I
�-
NOTES TO FINANCIAL STATEMENTS
Note 5. Pension Plan
The total pension costs charged to expense for the years ended January 31,
1982 and 1981 were $360,354 and $305,671 respectively. A comparison of
accumulated plan benefits and plan net assets for the Company's pension
plan is presented below:
February 1,
1981 1980
Actuarial present value of
accumulated plan benefits:
Vested $3,944,764 $3,592,857
Nonvested 551,908 521,121
54,496,672 $4,113,978
I
Net assets. available for benefits $4,309,157 $3,928,165
The weighted average assumed rate of return used in determining the
actuarial present value of accumulated plan benefits was 6% for both 1982
and 1981.
Note 6. Lease Commitments and Total Rental Expense
The Company has leased its retail store properties under various noncan-
tellable agreements which expire between September,.1985 and August, 2018
and require various minimum annual rentals.
Substantially all of the leases also require the payment of property taxes
and insurance on the properties and contain periodic minimum annual rental
adjustments based on the Consumer Price Index Manges or changes in the
market value of the leased property. One lease also requires payments based
upon 1.85 of certain sales in excess of certain rash rents.
The Company has subleased certain departments within its retail store under
agreements that provide for no minimum annual rentals, but which require
rentals based upon a percentage of sales less certain related expenses.
=!_
1 I
F
ICROFILMED BY
1' PA -'MICR ILAE3RARIDS • DES MOINES
f
D
1
�l
'D
NOTES TO FINANCIAL STATEMENTS
Note 5. Pension Plan
The total pension costs charged to expense for the years ended January 31,
1982 and 1981 were $360,354 and $305,671 respectively. A comparison of
accumulated plan benefits and plan net assets for the Company's pension
plan is presented below:
February 1,
1981 1980
Actuarial present value of
accumulated plan benefits:
Vested $3,944,764 $3,592,857
Nonvested 551,908 521,121
54,496,672 $4,113,978
I
Net assets. available for benefits $4,309,157 $3,928,165
The weighted average assumed rate of return used in determining the
actuarial present value of accumulated plan benefits was 6% for both 1982
and 1981.
Note 6. Lease Commitments and Total Rental Expense
The Company has leased its retail store properties under various noncan-
tellable agreements which expire between September,.1985 and August, 2018
and require various minimum annual rentals.
Substantially all of the leases also require the payment of property taxes
and insurance on the properties and contain periodic minimum annual rental
adjustments based on the Consumer Price Index Manges or changes in the
market value of the leased property. One lease also requires payments based
upon 1.85 of certain sales in excess of certain rash rents.
The Company has subleased certain departments within its retail store under
agreements that provide for no minimum annual rentals, but which require
rentals based upon a percentage of sales less certain related expenses.
=!_
1 I
F
ICROFILMED BY
1' PA -'MICR ILAE3RARIDS • DES MOINES
f
D
I wD
D
7
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NOTES TO FINANCIAL STATEMENTS
The total minimum rental commitments at January 31, 1982 under the leases
mentioned in the first paragraph are as follows:
10 -
1' f�
MICROFILMED BY j
""'JOR MMIC RI�LAB
I CEDAR RAPIDS • DES MOI4E5
I I
9Q�
A
B
J
Total
Minimum
Rental
For the year ending January 31:
Commitments
1983
$ 359,648
1984
313,616
1985
313,616
1986
309,216
1987
300,416
The remainder which is due between
January 31, 1987 and August 31, 2018
3,566,554
$5,163,066
Certain of the leases mentioned in the preceding
paragraph are with a
company which is affiliated with Armstrong's,
Inc. through common management
and ownership. The amount of total minimum rental commitments to this
Company included above is $3,441,979.
The net rental expense included in the income
statements for the years
ended January 31, 1982 and 1981 consists of:
Rental Expense
1982 . 1981
Minimum rentals
$353,386 $350,733
Additional rent based upon:
Changes in the Consumer Price Index
or the market value of the property
- - 5,452
Adjusted not sales
27,164 24,319
Property taxes an rental property
220,476 - 212,198
Other miscellaneous month-to-month rentals
66,320 25,463
Total rental expenses
$667,346 $618,165
Less rental income from subleases
92,075 91,666
Net rental expenses
5575.271$526p499
The net rental expense included above, to the
affiliated company previously
mentioned, is $289,562 and $285,309 for the years ended January 31, 1982
and 1981 respectively.
10 -
1' f�
MICROFILMED BY j
""'JOR MMIC RI�LAB
I CEDAR RAPIDS • DES MOI4E5
I I
9Q�
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B
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MCGladrey Hendrickson &Co
CERTIFIED PUBLIC ACCOUNTANTS
8
To the Board of Directors
Armstrong's, Inc.
Cedar Rapids, Iowa
Our examinations were made for the purpose of forming an opinion on the
basic financial statements taken as a whole. The supplementary information ie pre-
sented for purposes of additional analysis and is not a required rt of the ba
financial statements. Such information has been subjected to the auditingsic
proce-
dures applied in the examinations of the basic financial statements; and, inour
opinion, is fairly stated in all material respects in relation to the basic finan-
cial statements taken as a whole.
Cedar Rapids, Iowa
March 24, 1982
it
I
FCEDAR
OFILMED BY
"MICR(�IC:AB
IDS DES MOINES
� r
FCEDAR
OFILMED BY
"MICR(�IC:AB
IDS DES MOINES
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A9NSTww'S. INC.
Tfdi-TIA1 mN9lNSEP KLANCN MEATS
Cash
Trade ucelvab4., ort
loco" tet refund' recalv.ble
Other rscelvablo.
Inventories/
Prepald and &lured expenses
Total current .,at,
Inver teener
Property and equlpeert, met
Note. payable
CUTS" portion of notes payable
Accounts payable and accrued expenses
Tncc" tares payable
Deferred Incase us credit., not,
currant Portion
Total Correat Ilabllltlea
Loop -ten debt, net .f 'Trent porteloa
Deferred Incoee tea credits, noncurrent
portion
Stockholders, equity,
Capital .tock
Additional pain -les "pita,
Waited earnings
1
1982 134110D J...at 71
197 1 9 f 1973 1 1 1971 �
i 240,501 1 225,481 4 149,599 7 147,016
3,277,257 7, 1 369,397 1 170,164 i 790,396 t 167,591
017,718 ],111,672 2,004 ,/e8 2.359.380 2;460,56! ,,7 27 2,039,413 1 1,91/,162 01 128.296
.7TS,N3 �!
62,621 111,013 - _ _ 7216_
47,])3 20,102 71,797 76,008 16,611 11,174 13,227 11,798 6,519 6,777
{,12/,041 ],0!9,393 4,060,9!1 7,905,864 ],467,97{ 7,427,500 ],!!1,043 ],706,{10 ],605,423 2,763,718
244 901 224 5{3 !34 37{ t19 f0i If1 476 161 Iw If! 694 177 516 Ill 594 170 047
i-7;i3E;iST ii;7g ". 710 7.11 ,x1!3 ". 3.�i �,SIT,i� 5,162,/0 s,:�07ri09 j
3 923 117 7 011 181 X191 ].016.701 3 2781 117.291 X229 49.314 42.936 222 3 545 380 ) 042 10 2 949.971 2 {17,936 42,936 42.936
657 1.662.532 1.777.937
I2 00 139 10 589 If 110.712.001 10 3 2 ) 10 0 1 I2 1) 94
#:_i;;'392
6 91T 727 6 577 )70
1 2,230,000 1 9/3.000 1 175,00 / 400,000 0 _ _ 0 _
70.672 21,390 57,132 110.110 !61,272 266.363 0 246,060 i 479,000 t If 1,957 / 171,617
2,689,683 2,6!],310 S.fit ,316 2,192,163 3.910, 21 2.672,66! !.39',116 2,364,001 3,141 Sly 1,131,!10
- - 94,193 74,743 16,370 120,000 160,060 13 ,000 276,000
AG6 750 _ 143,407
S 117 610 1a 000 0013.6 50 131,713 162 1 S a- 341,1{3 337 000 ) LS 60000 262 000 0 ) 273 /5076 x lei oi9 2 iiefw
31,092
- 6 027
11,400 11 000 1 16.250 f 12,331-
0 1.407.300 0 1.447,366 / 1.467.343 1 1.507.330 0 1.517.700 $1.4%.400 11.430.625 11.440,230 11-130.475 !.407.43! 1.434.716 1,4w,R! 1.483.162 1,525,)31 1.429.216 1,7{0.060 IQI2,1]7 !00.715 j1.102,SS25
2 631
34
207
12 655
�� - 10 3/S = 6 10 612 Oe1 Ip d67 157 3 ei Ho ) 005
1 IK i el 2 09 001 19,209 129 188 WVRTV
,392 6 912 928 86377,37L
0 During the year .,dl January ]i. 1974 the Company changed Its Method of velulnS
in-store Invesrery true rho 1IM-In, first -out (91{0) Methal to the hat -lo,
lint -out (LIFO) "thud. TAI' change In Method had the affect of locrsasing
(docr..91q) the Instal..(., ky the lMl<ded mounts "'pared to Nut they would
have been under the first -la, flat-out (9I9o) Method,
At January 71,
197(
1975 t 56,010
1976 (167,860)
1917 (212,249)
1978 - (279.284)
1919 (374,749)
1980 (549,478)
1961 (477,991)
1902 - '(506,236)
(516.164)
12 -
MICROFILMED BY
l
'"JORM""MIC R+GAB� -+
CEDAR RAPIDS • DES MOINES j ,r�
AR715TROW'S. INC.
TLN-T G0. 03110fN5L0 BLATLMEN79 OF INC016
•I
� I
CONDENSED SIATENDf7S Of 1NCONi
Year Ended
Janus[ 71
I !
7
([N DOLLARS)
19821
1981
1960
1979
1 0
1 1
19
1915
1911
1977
Net store ole.
112,789,600
121,1]6,911
927,575,605
922,126,975
921,159,/02
920,207,759
91/,607,77/
917,159,098
$15,593,701
111,692,351
Lee loud department selma
Q6 172
15] 260
990 699
816,465
100 117
20,
762 579
B,
751 706
11 0
677 158
016,481s940$14,916!049
675 652
617 607
/1 ,i /, SO
Net awned department Malo
31,35 ,
726 836
930, 7, 1
1�2a56�6a7�1,,6
$11.184:906
111,288,510
1122 x.4 55 3 9-113
,
91155
,220
11 766 650
,0 ,0
X100 7722 00 66SSS
9 945 755
0 617 $68
�7 866 476
Cost of rale.
X12
.
�I7.t.39955a997799
9 /,6N,fvr
x-1-22034
90
0 l,n).ua
6,5 ,56
,098,981
9 5, I> 1,979
I
Cross merchandise Margin
9 s,n a,orr
.f E ua.1ro
0 9.19E.9ir
,• 5 525•"'
,0 .
Other operating revenue, other than
98
t�.,
355
credit service charges
6.920 7 93 7
�,y-t�T�E075
.3' . J7g6eve
9.�
1 8'1
'1• •'• �
y--�-�
1• ' 20%25-
.�,�t�.,,
'19 / era,rtn
'170,961
, /7,779 /�
t '
N
Operating eapensaa, not of credit
0'1.,_,. 0r, s�4e1
7 618 60z
7 Ibl 416
7,09
S 469 169
5 001 67B
-
4 596 ]99
service rLags
6 171 U7
a'D
7 967.t6�7
W
2
1,3
s l
0 I,aOa./aa
�6, 354:,7116
0 1,77..x/0
1,1 . 3
,1 ,72
B , ]
Y
Operating loco=
Nonopantln{ opera. not
0 Iaa
210.513
1 ter 6rr
302.103
/ t nA
f7 059
i t
96,732
,
77.39]
l4,9./.a,5,956
69.558
96 OS]
63.910
51,712
65.86]
Income before rates on Inver
1 405,701
1 567.772
19 1.2�r
1 1.325.177
9 1,116,1]2
/ 1,777.196
1 1,15! f
9 1.099,211
9 1.131.017
1 649,070
Federal and shit Income taxes
113,000
156 996
110
571 261
93 6 7
619.7{6
7 605.687
570 700
6468632
671 /60
S ]
597 656
665
559 095
379.)1
566 667
UI 277
Net Incur
9 190.701
I
s.
CONDENSED STATEMENTS OF ISO ME
i
IN PORff.NTACL9)
).
Net awned department mels
100.009
100.00E
IOD.002
100.002
100.002
100.001
IOD.00i
100.001
60.34
100.002
59.11
100.002
59.24
Cor of oleo
59.05
-409H
59.81
-W.-M
$9.05
-t03SE
58.50
59.11
-W.W
59.45
TI 55f
39.71
Tn1C
71.661
-0337
-4 O, Fri
Cross merchandise margin
41.50{
Other operating revenue, other than
47
56
62
65
6I
65
65
59
51
50
credit service charges
• Tliel
To..diF
1�r
4�
T1sfi
Tui
'lei
�1
TT
Ti.T
Operatic{ charges . net o[ credit
service charge
3/.79
-3.9�C
72.91
3.11
75.97
-97M
75.
N.96
--rm
]7.83
-1731
77.18
-7.-Off
71.55
36.60
,.
Operatic{ loeome
1.1:
1.iII
��
.26
.46
6.30
3
.36
.76
57
.60
.54
.35
Nenopc n[In6 tape nese. net
Inc.. before test. on Income
1.083
.96
1.731
S.SBi
5--762
Sr981
6.469
7.543
6.791
Federal and state Income taxa.
.57
.75
-F.-OO-2
2.32
2.91
2./0
1-.111
1.46
.L
3.24
7_661
3.471
].60
1.27E7.751
5.79
7.94
7_151
Net incur
1_751
7_062
2_852
_629
I The Company changed It. method of valuing
In-store
Inventory during
the year ended
Jannnry 71, 1974. See footnote I on
page 12 for the o[ura and
affect of this
change.
I
r•---------._._...
111 �
! MICROFILMED BY
1 .1... .:.JORM.... MICRAL AB -....1 .�
CEDAR RAPIDS • bES MOIIIES
{
..._�.. ..w_„w✓� 1 ..:v.>v'j a .�h, `.':
APMSTIO110'S, INC.
TIO-YG6
STATEMENTS O/ CN1tOC8S IN FINANCIAL POSITION
Ft ... rill rewu[cn provided by,
Dilatations:
Kai Inc."
It... which did not (provide) or require
Ontlay o0s writing capital dertax the Tare
Depreciation
Deterred Inco" taxa.
Equity In net lou (jocose) of titillates
Iotal working "First provided by
operations
Other sour""
Proceeds from long -ten note debt
Proceeds it" the "le of .omen stack
Other
Financial ..saran applied toe
Purchase of prop..ty.snd equipment
Invutacnt in affiliates
Long -tan debt ttamfsrr.d to arrant liabilities
Cash dividends declared
Other
Fur Ended January 31
1982
9741sr ivalli j9790 1978 1 7 1916 1975 1971 197]
D 290,701 1 210,776 $ 695,667 1 605,667 6 666,672 6 663,136 1 66S.061 1 559,319 0559.150 S 417,877
i
r
t !
1
I
714,011 700,103 738,700 790,776 345,730 310,886 267,761 176,715 168,474 196,221
400 (5,230) ],912 12,778
6.317 69.763
(12,054) (9,915
1 611,610 ( 513,791 61,023,021 D 999,046 11,009,5/4 6 976,222 D 972,622- - - "
D 711,66{ 5747,824 7 61{,034
16,364 _ _ _ _ _ ISo,ON /00.000 457,500 - - j 1
10,460 20,716 76,054 40,8]7 171,361 1711,!]0 6e,Sf) 70,100 67,66. 46,154 `'+•,+'
y 1 8916 423 _ _
iy 10 1.061. 5 1. 0.7 1 1 1 2 3 1 1 801 1 1 257 7 675 09 60 100
6 1,110.000 002 ' 295 993 60,081 i 70.719 000 6 116 9000 1 71.5000 1 407,099 6 731,087 S 999,415 S 73,233 D 174,091
30,671 28.290 53,122 270,120 768,711 269,636 241,300 219,000 597,660 12S.it/
279,917 n3.707 272,074 269,15] 258,931 278,130 210,012 302,460 180,7{{ 149.SO!
-r61166a3499 IH 493 113 212 163 6N SO 426 3 062 46 153 17 243 t0 068 2 711
Is ,.aey 2 1 561 6 1 0 Ie0 91 1 1 1 7 1 fl 11 861•]Ns 11 192
Increase (decre..e) la working capital,
u below 616 1,003.999) 377 {6q 493 028 Iff 741 2N 011) 349,003 SSf ql 6 Ie0 757) (25 396) 344 016 I'
Summary of changes to working capital "mponeotst
,ner.ua (decree) lot
Cash and marketable securities D 13.026 1 73,002 $ 6,507 7 (126,717) D (200,711) 1 79,7611 D 222.798
Trade receivables 320.579 (98.914) 226.744 723,308 99.018 247,635 1 ]1,367 9 6,017 3(214,280)
,. In.... t" refunds randvabl. (34,43$) 117,033 177.713 111,]50 192.1 e7 705,441
Inventories 213,446 (211,34$) 155,077 417,890 65 474 121,435 - _ _ _ _ - - -
Other arrant "sate 42.675 (11,684) 917 63.861 (11,765) 700,983 240,097 780,310
User"" (Increase) int (9,017) 16,671 3,542 1,271 11,697 19,018
Onrrent portion of miss and contracts payable (1,217,342) (475.168) 141.996 (401.046) (1,707) (20,363) 2]1,000 (777.04]) (141.951)
Accounts payable and accrued cape.... and_ _ I
Inca"bdn TTble (196,715) 772,961 (48,707) (10,977) (174,079) (316 .126) (79,6N) (206,103 .+-.�
Deferred Inca.. tax credits ]/ 600) J2,250) IS 412 --- (6/ 931) 7 000 1{ 000 ) (326,429) (66.477)
Increase (damn) In working upitsl 1 1 7 1_) �OS"q ) 71 000) X000) 8�_000D�0) SS OW)
. ) '00. S 6 I 1 x.59) 2 01
I The C"pany chanted I" method of nluing In -stare Inventory during the year
ended Janury f this change. 71. 1974, See footnote f on Paz. 12 for the nature and afls<[
o
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MICRO{ ILMEO BY �
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I{ CEDAR RAPIDS • DES M014ES 'i
BALANCE SIIEST STATISTLCB
ARKSTUNG'B. INC.
TSN -TGA FINANCIAL SfAT[STLCS
1 Met mets per memo cher.##
NorklnM "pilot
!Allo of "[rent es"lo to wrr.ot liabilities
percent of stockholders' equity Invested In
Property and equipment
4tlo of liabilities to ct.c4hol&"' equity
Trade receivables, regular accounts, average
for the year then ended,
Monthly balance
Tlmec turned over
Days hefece being Collected
Inventoriss In stars, avenged for the
year then ended$
j Monthly balance
�. Times Wreed war
Percent of working Capitol Invested to
Inventory at year end
STATEMENT OF IMMM STATISTICS
Earnings per codon share3 computed on the
weighted average number of shares
outstanding##
' DLvldends par aeon sherd/ -
I of "t Income to ,beginning atockhold.rs'
aq-ily
I.of net Income to ending working capital
Croea merchandise margin dollar return w
average Inventory ,
Net owned department miss to beginning
.Istockheldm' equity
Net owned department ssles to ending net
working "pilot
The Company changed ire --thnd of 1-1-1-9 In -.cera Inventory during the year
ended January 71; 1914. Iss footnote I on page 12 for the "lure and affect I 1
of. this Chang..,
I. IlAdlurted for the 5 -for -4 stock split m April 9, 1974 and for the 5-[-r-1 stock
split on February I. 1978.
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4
Januar
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1922
)fel
1980/
[ffgo
terms
MfiT
1973
l9/
197]
'.
1 21.99
1 11.97
/ 22.21
S 20.87
1 19.14
1 1e.5e
1 17.23
1 15.77
6 16.61
S 17.32
2,])7,177
.7,70.176
7,377,700
7,079,213
2,02.571
),131,367
1.11.358
2,262,917
2,427,670
2,317,629
L0 to 1
IAI to 1
1.e9 to 1
1.73 to 1
1.90 to 1
1.11 to 1
1.46 to 1
1.65 to 1
1.67 to 1
1.95 to 1
� I
61.111
46.771
45.422
32.192
55.62;
54.725
59.021
54.815
40.262
48.0;
/
1 to 1.17
1 to 1.56
1 to 1.67
1 to 1.47
1 to 1.51
1 to 1.17
1 to 1.21
1 to 1.27
1 to 1.48
1 to 1.26
i 1
#,696,170
4.87
p.31f4.90
13,617,412
74,{33,764
12,268,736
12,012,861
11,998,.14
11,107,.98
111618,207
11,479,715
Acs eaF•
1.90
74.3 Dq•
5.16
71.0 Days
ala by
Days
6.93
77.7 Days
3.06
72.1 Dys
6.14
75.41 Wya
4.98
77.29 Days
S.OE
72.71
3.02
fey.
72.91 -gym
$4.275,177
14,071,714
74,911,466
17,111,793
17.67],7]5
74,754,330
",0/1,610
17,074,990
12.857,794
12,507,2 96
7.00
3.11
7.77
7.20
7.71
7 .79
7.49
7.70
).09
7.14
I76.5e;
113.111
IU.Sti
126.84I
121.001
I0e.601
I17.57I
746.051
134.00;
I19.32i
'
7 1.00
1 0.11
1 2.32
1 1.91
1 1.11
1 2.24
1 2.701
1.83
1 1.99.7
L57
.96
d6
.91
.88
.14
.40
.76
.70
.64
.54
4.312
Ii.q
3.11;
6.70
11.07[
9.915
11.67;
17.718
14.615
13.06I
15.23
12.{72
•
19.45
19.68
tt.0
21.11
27.77
74.05
27.01.
18.07
S
1 1.04
1 2.09
1 2.74
1 2.17
1 2.29
1 2741
8 2.19
$ 2.16
1 2.11
1 '2.16
J+t+p,
s
7.74 to 1
3.16 to 1
7.61 to 1
7.51 to l
3.66 to 1
7.69 to 1
7.99 to 1
7.99 to 1
4.06 to 1].95
to 1
9.22 to 1
6.27 to 1
6.74 to 1
6.91 to 1
7.06 to 1
6.17 to 1
6.45 to 1
7.75 to 1
6.15 to 1
5.77 to 1
i
The Company changed ire --thnd of 1-1-1-9 In -.cera Inventory during the year
ended January 71; 1914. Iss footnote I on page 12 for the "lure and affect I 1
of. this Chang..,
I. IlAdlurted for the 5 -for -4 stock split m April 9, 1974 and for the 5-[-r-1 stock
split on February I. 1978.
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ARMSTRONG'S, INC.
TRADE RECEIVABLES
January 31, 1982 and 1981
1982
1981
D
Amount Percent
Amount
Percent
L
January
$1,087,799 48.9%
$1,067,877
50.6%
i
405,591 18.3
413,431
19.6
S
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ARMSTRONG'S, INC.
TRADE RECEIVABLES
January 31, 1982 and 1981
=«
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MICROFILI4ED BY
JORM-- MICR#LAB- _...1
')CEDAR RAPIDS • DES MOINES _
I
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1982
1981
Regular accounts billed in:
Amount Percent
Amount
Percent
January
$1,087,799 48.9%
$1,067,877
50.6%
December
405,591 18.3
413,431
19.6
November
158,266 7.1
170,337
8.1
October
206,267 9.3
134,087
6.4
September and August
160,113 7.2
171,287
8.1
Prior to July,
204,258 9.2
152,486
7.2
Total regular accounts
$2,222,294 100.0%
$2,109,505
100.0%
Holiday credit accounts
980,049
872,728
Lay -a -way accounts
109.914
108,485
Total trade receivables
$3,312,257
$3,090,718
Less allowance for doubtful accounts 79,000
78,000
Net trade receivables
$3,233,257
$3,012,718
Terms of sale for regular accounts
1 1/2%
are: Net 30 days from billing date
with a
service charge on the first
$500 of unpaid balances
and 1 1/4% service
charge on any amount In excess of $500.
Year Ended
January 31,
* Analysis of allowance for doubtful
accounts:
1982
1981
Balance, beginning of year
$ 78,000
$ 58,000
Addition to allowance for year
26,014.
56,622
Recoveries of accounts previously written off
18.907
19 048
$122,921
$133,670
Accounts written off during year
43.921
55.670
Balance, and of year
$ 79.000
$ 78,000 -
The addition to the allowance for
doubtful accounts is determined on
the basis
of establishing an ending balance
equal to varying percentages of the
octstanding accounts depending on
age.
=«
992
MICROFILI4ED BY
JORM-- MICR#LAB- _...1
')CEDAR RAPIDS • DES MOINES _
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ARMSTRONG'S, INC.
PROPERTY AND EQUIPMENT
January 31, 1982 and 1981
- 17 -
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Assets -
At Cost
Balance
Elimina-
Balance
Estimated
January 31,
Acquisi-
tions And
January 31,
Life In
1981
tions
(Transfers)
1982
Years
Land
$ 389,917
$ . - -
S - -
S 389,917
- -
Buildings
1,592,864
845,784
(33,173)
2,471,821
30
Leasehold
improvements
1,810,407
166,158
- -
1,976,565
3-40
Furniture, fix-
tures and
equipment
1,884,187
208,327
4,601
2,087,913
3-10
Construction
in progress
14,719
34,733
33,173
16,279
- -
55,692,094
$1,255,002
S 4,601
$6,942,495
Accumulated Depreciation
Depreciated
Balance
Deprecia-
Elimina-
Balance
Cost
January 31,
tion
tions And
January 31,
January 31,
1981
For Year*
(Transfers)
1982
1982
Land
$ _ -
$ - -
$ - -
$ - -
$ 389,917
Buildings
417,383
94,699
- -
512,082
1,959,739
Leasehold
improvements
835,737
79,347
- -
915,084
1,061,481
Furniture, fix-
tures and
equipment
1,426,777
1691966
4,601
1,592,142
495,771
Construction
in progress
- -
- -
- -
- -
16,279
52,679,897
S 344,012
S 4,601
$3,019,308
$3,923,187
* Depreciation for
the year has been computed
by the following methods:
Straight-line
$234,563.
Declining -balance
109,449
$344 , 012
- 17 -
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City of Iowa City
MEMORANDUM
DATE: May 27, 1982
TO: City Council and City Manager
FROM bbug Hillstrom, Planner
RE: "1982 Iowa City Rental Housing Survey"
During the week of March.22, 1982 students from the University
of Iowa's Urban & Regional Planning program and City Staff con-
ducted a rental vacancy survey of apartment units in Iowa City
and Coralville. The Survey was done by phone. Information was
gathered on over 5,000 rental units. The attached "1982 Iowa
City Rental Housing Survey" explains the findings of the survey.
The rental vacancy study is one component of a rental housing
analysis of the Iowa City area which is currently being under-
taken.
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1982 IOWA CITY
RENTAL HOUSING SURVEY
MAY 1982
Prepared by the
Department of Planning and Program Development
City of Iowa.City, Iowa
Doug Hillstrom and Marianne Milkman
Survey Staff: Jim Parmeter.
John Goeldner
Jim Truitt
Graphics: Pat Westercamp
The data for this survey was collected, aggregated,
and partially analyzed by graduate students in the
University of Iowa's Urban and. Regional Planning
program. The City of Iowa City would like to express
its appreciation to these students and to Dr. Mickey
Lauria for their work on this project.
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Summary and Conclusions
The overall vacancy rate for rental units in multi -family structures in the
Iowa City metropolitan area was found to be 1.6 percent. This vacancy rate
is far below the five percent rate considered desirable.
Vacancy rates increase as the distance from Iowa City's central business
district increases. Within one mile of the Old Capitol the vacancy rate
was a miniscule 0.3 percent. The vacancy rate for apartments located more
than one mile from the Old Capitol (but within Iowa City) was 2.2 percent.
Coralville's vacancy rate was 3.2 percent.
As the number of bedrooms in a unit increases, the probability that it will
be vacant also increases. The vacancy rates for units by bedroom size
were: three bedroom (2.1X), two bedroom (1.90%), one bedroom (1.31X), and
efficiency (.73X)• The strong demand for smaller units may be the ue tosthe
large increase in single person households which occurred during
Mean rents of vacant units did not differ significantlyfrom the
man rtant ents
of occupied units. Rent "gouging" does not app
ear to reason for vacancies.
Rents are higher in Iowa City than in Coralville. One reason for Iowa
City's higher rents is the strong attraction of living near the University
and Iowa city's central business district.
Between 1975 and.1982 Iowa City rents increased at about the same rate as
therental housing the ame pe
onnt of the e o sumerePrice Index. Thus, Iowa City
rents grew
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OVERALL VACANCY
RATE In March 1982 the Department of Planning and
Program Development undertook a multi -family
rental housing survey of the Iowa
City/Coralville/University Heights housing
market. The survey work was done by phone by
University of Iowa planning students.
Information on rents, number of bedrooms, and
vacancies was gathered on over 5,000 units in
multifamily rental structures out of a total of approximately 9,500 units.
Although some information on sleeping rooms and duplexes was also inadvertently
gathered, the goal of this study was limited to determining the vacancy rate of
rental units in structures with three or more units.
The survey attempted to determine an overall vacancy rate of apartment units for
the week of March 22nd. It should be emphasized that this survey did not attempt
to compute an annualized vacancy rate like the Planning Department's 1975 Rental
Vacancy Survey. If this survey had been done in the fall, the vacancy rate might
have been lower; in late spring it might have been higher.
Of 5,885 units surveyed, 192 were vacant or not for rent. One hundred five (105)ncluding the units in
Of these units were in the Lakeside Apartment complex. I
Lakeside, the vacancy rate was 3.2 percent. Excluding Lakeside, the vacancy
rate was about 1.6 percent. Since many of the units in Lakeside were marginally
habitable, or were not being offered for rent by the managers of the complex,
this report will assume that the "true" March 1982 vacancy rate was 1.6 percent.
The "Lakeside problem, and the methodology of the survey, are discussed in
greater detail in the appendix of this report.
I In most housing markets, a vacancy rate of five percent is considered desirable
to provide adequate housing opportunities and to contain housing
area vacancy rate of 1.6 percent is still too low to achieve these oals�ces; the
993
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VACANCIES BY The proposition that housing close to Iowa City's
DISTANCE central business district and the University of
Iowa is in great demand is a part of the
conventional wisdom that few would question.
This rental housing survey found that housing
near the University is indeed in great demand and
that vacancy rates decrease as one approaches the
Iowa City central business district.
The study divided rental units into three categories: 1) locations within one
mile of Old Capitol, 2) locations more than one mile from Old Capitol but within
the corporate boundaries of Iowa City, 3) locations in Coralville. One hundred
forty-four apartment complexes (containing a total of 4,250 privately owned
rental. units) were plotted on a map in order to group the units into the
categories.
Vacancies within one mile of Old Capitol were practically non-existent. The
vacancy rate was a mere 0.3 percent. The vacancy rate increased to 2.2 percent
for units beyond the .one mile limit. The vacancy rate in Coralville was even
higher - 3.2 percent.
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DThe vacancy rate of apartment complexes with more
than 32 units (1.7 percent) was slightly greater
than the vacancy rate for apartment complexes
RATEwith less than 32 units (1.3 percent). The
greater vacancy rate for larger complexes is easy
to explain. Almost all of the large complexes
are located more than a mile from Iowa City's Old
Capitol, while many of the smaller apartment
complexes are situated within a mile of Old
Capitol. Distance, not the size of the apartment
complex, is the key factor in.determining the
vacancy rate.
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There seems to be some correlation between the
number of bedrooms in a unit and the probability
that the unit will be vacant. The vacancy rate of
three bedroom units is about three times as great
as the vacancy rate of efficiency units. As the
number of bedrooms in a unit increases, it is
more likely that it will be vacant.
Total number Number of
of units vacancies Vacancy rate
Efficiency 274 2 0.73%
One -bedroom 2,451 32 1.31%
Two-bedroom 2,475 47 1.90%
Three-bedroom 285 6 2.11%
The lower vacancy rate for smaller units may be due to the decrease in household
size that occurred during the past ten years. As household size declined and
the number of single person households increased (by 85 percent during the past
decade), the demand for smaller units probably also increased. This may be the
reason for the extremely low vacancy rate of efficiency and one bedroom units.
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VACANCY RATE
BY RENT The condition and size of a rental unit, its
location, and its rent are a few of the factors
which determine whether a unit is occupied or
vacant. Of the vacant units surveyed' by this
study, some had unusually high rents. Many
others had normal or below average rents. The
mean rent of all vacant units in each bedroom
class was found to be almost identical to the
mean rent of the entire sample. Thus, the study did not find evidence to support
the hypothesis that most vacancies are caused by landlords charging excessive
rents. Of course, SOME vacancies undoubtedly are due to excessive rents charged
by landlords, but the size and appeal of the unit and its proximity to Iowa
City's central business district are probably of equal importance.
Mean Average Rents of Occupied and Vacant Units
Efficiency One -bedroom Two-bedroom Three-bedroom
All Units $194 $253 $347 $524
Vacant Units $205 $259 $343 $516
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The following table provides information on the
number of units for which information on rents
was gathered, the range of rents charged for each
type of unit, the mean average rent for each type
of unit, and the standard deviation of each type
of unit from the mean average rent.
�' i IdICRDFI UdED BY
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`J J1 CEDAR RAPIDS • DES MtlINES
II _
# of Units
a
Mean Rent
Standard
Deviation
Efficiencies
357
$80-250
$194
$30
One -bedroom
1,693
$90-435
$253
$33
Two-bedroom
1,934
$125-525
$347
$59
Three-bedroom
203
$350-650
$524
$105
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`J J1 CEDAR RAPIDS • DES MtlINES
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Iowa City (more than
one mile from the
c
The most important factors determining the rent
of a unit are its quality, date of construction,
and location. If it were possible to find units
of identical quality and age, it would probably
be the case that the units closest to the Iowa
City central business district would have the
highest rents.
Mean Average Rent by Location
One- Two- Three -
Efficiency bedroom bedroom bedroom
Old Capitol) -- $280 $364 --
Iowa City (entire city) $193 .$266 $358 $526
Iowa City (within one
mile of Old Capitol) -- $256 $351 --
Coralville $195 $248 $330 $516
This study did not find an
because it as impossible to controlabsolute between correlation
for the age andquality of the units. In
Iowa City, many of the new large apartment complexes have been constructed more
than a mile from the central business district. This helps explain why the mean
average rent of one bedroom units in Iowa City as a whole ($266) is greater than
the mean average rent of one bedroom units located within one mile of the Old
Capitol ($256). The one bedroom units lcoated close in are not as new or modern
as the units in large apartment complexes.
Comparing rents in Iowa City and Coralville, the mean average rents for one,
two, and three bedroom units in Iowa City are higher than in Coralville.
Although several factors may be responsible for this difference in mean rents,
the most important factor is probably the willingness of renters to pay higher
rents for units in Iowa City.
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9
1975 RENTAL It is difficult to compare the findings of this
HOUsiNG SURVEY study with the conclusions of the 1975 Iowa City
Rental Housing Survey. This study attempted to
determine• the vacancy rate for a single week in
March 1982. The 1975 study computed an
annualized vacancy rate. This study gathered
information on units in Iowa City and Coralville,
while the 1975 study dealt only with the units in
Iowa City. The earlier study gathered information on single-family, multi-
family, and duplex rental units. This survey collected data on rental units in
multi -family structures only. Due to the differences between the two surveys,
any comparison of data must be tempered by a bit of skepticism.
Despite the methodological differences of the two studies, the vacancy rates of
the surveys are not dissimilar. The 1975 study concluded that the annual
vacancy rate was approximately one percent. This study found a vacancy rate of
1.6 percent. More importantly, both studies found the vacancy rate to be well
below five percent.
In order to compare 1975 and 1982 rents, mean rents for Iowa City in 1982 were
computed. The following table provides more information on Iowa City mean
average rents in 1975 and 1982. in the last column of the table, 1982 rents have
been deflated by the rent component of the Consumer Price Index so that 1982
rents are expressed in 1975 dollars. Comparing the 1975 rents to the 1982 CPI
adjusted rents, it is apparent that rents in Iowa City have increased at about
the same rate as in the U.S. as a whole.
Iowa City Rents 1975-1982
Mean Rent Mean Rent CPI Adjusted Rent
1975 1982 (1982 Rents x .63564)
Efficiency
$132
$193
$123
One -bedroom
166
266
169
Two-bedroom
233
358
227
993
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APPENDIX
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APPENDIX
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The data gathering for the vacancy rate survey
was carried out by three graduate students from
the Department of Urban and Regional Planning at
the University of Iowa. The students were
provided with a list of apartment addresses,
owners' names and telephone numbers for the Iowa
City urbanized area. Only complexes containing
three or more units were included. The list was
prepared by the Department of Planning and Program Development using the records
of the Iowa City and Coralville Housing Departments, and previous surveys.
The students conducted a telephone survey during a three day period beginning
March 22, 1982. At least three attempts were made to contact each owner or
manager of rental units who had a local telephone number. Calls were made at
various times of day. In a few cases, where the owner was on vacation or.the
data was not readily available, the information was obtained during the week
following the basic survey.
Each owner was asked for specific information on the number and size of units
owned, rents charged, and the number of vacant units in the complex on the !Lai of
the survey. In addition, owners were asked how long the units had been vacant
and whr he/she owned rental units elsewhere. This last question resulted in
the addition of a number of apartment complexes to the original list.
Information for each apartment complex was recorded on a survey form (see
attached sample).
Owners who live out of town or out of state were not contacted, and some local
owners could not be reached or were unwilling or unable to supply information;
as a result, the survey covered approximately 62 percent of all rental units in
the urbanized area. Some owners, while willing to provide information on
vacancies, would not reveal the rents charged. Rent figures were obtained for
43 percent of all rental units.
Data was gathered for all privately owned rental units, University of Iowa
married student housing, and subsidized elderly and low-income housing. All
these units were included in overall vacancy rate calculations; however,
subsidized units of all kinds were excluded from vacancy rate by distance and
rent calculations.
A number of rental units were excluded from the survey, even though information
on these units was available. Sororities, fraternities, University
dormitories, duplexes, and houses rented as single units were not included in
the final tabulation of results. In addition, the Lakeside Apartment complex of
400 units was excluded from the data. This complex has had severe maintenance
problems and listed 105 units as vacant. However, at least half of these units
were not fit for habitation and had been posted by the City or voluntarily
closed by the management of the complex. Other units were only marginally
habitable, e.g., they lacked adequate heating and cooling. It was therefore
impossible to find out how many units were truly "vacant" (i.e., rentable) at
the time of the survey.
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In the week following the original survey period a spot-check survey was
conducted to determine the validity of the original data. Each surveyor
randomly selected five locations that had reported vacancies and five that
reported no vacancies. The selected locations and their phone numbers were then
checked .against "for rent" ads in local newspapers, the listings of the
University's rental clearinghouse, and yard signs at the locations. This spot-
check generally confirmed the accuracy of the original data.. The discrepancies
that occurred can easily be attributed to the "word of mouth" advertising used
by many landlords, especially those with few units.
After completion of the telephone survey, the data was compiled to provide
overall information on the number of vacant rental units in the Iowa City
urbanized area. In addition, the vacancy rate was analyzed in relation to size
of units, size of complex, rent and location. A comparison was also made of i
rents in relation to distance from the Central Business District (CBD) and
Pentacrest. Comparisons were made between three categories: units located one
mile from the CBD, over one mile from the CBD, and units located in Coralville. j
Insufficient data was available to provide significant information on the length j
of time units remain vacant. From the few replies received, it appeared that
overall units were rarely vacant for more than two weeks, a result which is not
surprising considering the low vacancy rates in the area.
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HOUSING VACANCY QUESTIONNAIRE
Location I
Zone
Phone #
Source LL MGR TEN
Persons All A
Type Lof -Units Per Unit owe
sleeping room
ii
efficiency
I bedroom
2:bedroom
3+ Bedroom
Other Locations
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Rent
Notes
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7PM-Resources
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Council (Conf Rm)
COMM (Conf Rm)
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7:30PM-Informal
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LOAM -Staff Meeting
SAM -Magistrate
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City of Iowa City
MEMORANDUM
DATE: June 4, 1982
TO: City Council
FROM: City Manager
RE: Material in Friday's Packet
Copy of letter from Mayor Neuhauser to the Iowa Congressional delegation
regarding historic preservation.
S
Memoranda from the Assistant City Manager:
a. Contract Compliance Policy and'Program
b. Fair Housing Assistance Program
91`
Memorandum from the Senior Planner regarding County Home Water Main.
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Memoranda from. the Department of Public Works:
a. Water Main Extension to Johnson County Home
b. Kirkwood Avenue Culvert
poi
Memorandum from the Police Chief regarding proposed ordinance.
1G�
Memorandum from the President of the Library Board of Trustees regarding
the Iowa City Public Library Foundation.
Copy of letter from McManis Associates, -Inc., regarding a national survey
concerning the management and operations of local police departments.
lee
Article: Malfunctions Plague Fancy New GM Buses, Forcing Cities to Dake
Expensive Repairs.
/01
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CITY OF
CIVIC CENTER 410 E. WASHINGTON Si
May 26, 1982
OWA I
IOWA CITY, IOWA 52240
CITY
(319) 356-5000
Senator Charles Grassley
United States Senate
Washington, D.C. 20510
Dear Senator Grassley:
During the past year the City of Iowa City has been trying to promote the
conservation and improvement of some of its older neighborhoods through a
number of historic preservation activities. One of the City's initiatives
has been to nominate two areas in the North Side of Iowa City to the
National Register of Historic Places. These two North Side districts
contain many architecturally and historically important houses, including
several constructed during the period 1839-1857 when Iowa City was the
State Capital. Placement of the two North Side districts on the National
Register will enable owners of rental and commercial properties in the
North Side to qualify for the 25% rehabilitation tax credit enacted into i
law by the Economic Recovery Tax Act of 1981.
The City has encouraged owners of rental and commercial properties to take
advantage of the Tax Act by rehabilitating their property. •As word of the
tax benefits for restoring historic structures has spread, many home
owners have become interested in historic preservation only to be
disappointed to learn that landlords can claim the tax credit while home
owners cannot.
The Iowa City Council strongly believes that the tax credits currently i
available to landlords and owners of commercial property should also be
offered to home owners. In order to make historic preservation a more
effective tool for preserving and rejuvenating Iowa City's older
neighborhoods, home owners need concrete monetary incentives to restore
older homes. It is these home owners who provide the stability and spirit
of neighborhood improvement which is needed to upgrade our older
neighborhoods.
I would like to urge you to sponsor legislation to grant tax credits to
home owners for the restoration of historic structures so that Iowa City
can preserve its older neighborhoods.
i
Sincerely,
' 1
Mary C. euhauser Same letter sent to Senator Jepsen
Mayor and Representatives Leach and Evans.
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'City of Iowa Cite=
MEMORANDUM
Date: June 3, 1982
To: City Council
From: Assistant City Manager
Re: Contract Compliance Policy and Program
The Iowa City Affimative Action Policy refers to the adoption of a
Contract Compliance Policy. Approval of this policy was to have occurred
last year. However, it became readily apparent to the staff committee
assembled to develop this policy that such a policy statement, in the
absence of an implementation program, would not be adequately functional.
The committee, composed of Phyllis Williams, Anne Carroll, Cathy
Eisenhofer, Jim Hencin, Chuck Schmadeke and Dale Helling, has finalized
the attached document. We feel that it provides a comprehensive mechanism
whereby the City not only issues a policy statement but also is able to
enforce and monitor compliance for all City operations. It further serves
as a vehicle to routinely convey the City's policy and intent to potential
contractors, consultants and other vendors with whom the City may do
business. The attached- document has been reviewed by legal staff and
approved by the Iowa City Human Rights Commission. A resolution to
approve this program will appear on your June 22, 1982, regular meeting
agenda. Time for discussion at an informal session can be scheduled prior
to that time if Council wishes. -
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cc: Phyllis Williams
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TABLE OF CONTENTS
PAGE
j
SECTION I General Policy Statement 1 a
SECTION II Assurance of Compliance 2 I 1
SECTION III Suggested Steps to Assure 9
I
Affirmative Action
SECTION IV Definitions 12
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SECTION I - GENERAL POLICY STATEMENT
It is the policy of the City of Iowa City to assure equal employment opportunity
in all City contract work. This policy prohibits discrimination by the City's
contractors, subcontractors and vendors, and requires them to take affirmative
action to ensure that applicants employed or seeking employment with them are
treated equally without regard to race, color, creed, religion, national origin,
sex, sexual preference, disability, marital status, and age.
It is our intention to administer this policy in such a manner as to assist
employers who are contractors or subcontractors with the City in designing and
implementing Affirmative Action Programs so that all citizens will be afforded
equal accessibility and opportunity to gain and maintain employment.
PROVISIONS:
1. All vendors requesting to do business with the City must submit an approved
Equal Employment Opportunity Statement.
2. All City contractors, subcontractors or consultants with contracts of
$10,000 or more must abide by the requirements of the City's Contract
Compliance Program. Emergency contracts are exempt from this provision.
3. Contracting departments are responsible for assuring that City
contractors, subcontractors and vendors are made aware
EEO/Affirmative Action reporting of their
responsibilities and receive the
appropriate reporting forms. A notification of requirements will be
included in any requests for proposal. .
4. Prior to commencement of work, the completed Equal Employment Opportunity
Statement or required material must be received and approved by the City.
5. Contractor compliance during the course of the contract with the City of
Iowa City will be monitored by the contracting department.
6. Once a contractual relationship exists between a contractor and the City,
as with any contractual provision, the City retains the right to withhold
EqualnOpportunity and -Affirmative act aActionoutlined at
satisfactory
ahe time of contract
award and/or to disqualify a contractor from future bidding for a specified
period'of time.
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SECTION II - ASSURANCE OF COMPLIANCE
The following sets forth the minimum requirements of a satisfactory Affirmative
Action Program which will be reviewed for acceptability. PLEASE RETURN PAGES 2
THROUGH 5 OF THIS SECTION TO THE CONTRACTING DEPARTMENT PRIOR TO THE EXECUTION
OF THE CONTRACT.
CONTRACTOR, PLEASE CHECK THE APPROPRIATE STATEMENT:
1• _ This contract is federallyfunded
(paragraphs a -g apply)
2• _ This contract is not federallyfunded
(paragraphs a -c apply)
During the performance of this contract, the contractor agrees as follows: (For
the purposes of these minimum requirements, "contractor" shall include
consultants and subcontractors.)
a. The contractor will not discriminate against any employee or applicant for
employment because of race, color, creed, religion, national origin, sex,
sexual preference, disability, marital status, and age. The contractor
will take affirmative action to ensure that applicants are employed, and
that employees are treated during employment, without regard to their race,
color, religion, sex, national origin, sexual preference, disability,
marital status and age. Such action shall include, but not be limited to
the following: employment, upgrading, demotion, or transfer; recruitment I
or recruitment advertising; layoff or termination; rates of payor other
forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to postin conspicuous places,
available to employees and applicants for employment, notices to be
Provided by the contracting officer setting forth the provisions of this
nondiscrimination clause.
b. The contractor will, in all solicitations or advertisements for employees
Placer'by oror on behalf of the contractor, state that all qualified
applicants will receive consideration for employment without regard to
race, color, creed, religion, national origin, sex, sexual preference,
disability, marital status, and age.
C. The contractor will send to each labor union or representative of workers
with which he or she has 7 -collective bargaining agreement or other
contract or understanding, a notice, to be provided by the agency
contracting officer, advising the labor union or workers' representative
of the contractor's commitments under this section and shall post copies of
the notice in conspicuous places available to employees and applicants for
employment.
d. The contractor will coM& with all provisions of Executive Order No. 11246
of September 24, 1965, and of the rules, regulations, and relevant orders
of the Secretary of Labor.
e. The contractor will furnish all information and reports required by
Executive Order No. 11246 of September 24, 1965, and by the rules,
regulations and orders of the Secretary of Labor, or pursuant thereto, and
will permit access to his or her books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of investigation
to ascertain compliance with such rules, regulations, and orders.
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f. In the event of the contractor's noncompliance with the nondiscrimination
cTauses of this contract or
with h any of such rules, regulations, or orders,
this contract may be cancelled, terminated, or suspended in whole or in
part and the contractor may be declared ineligible for further Government
contracts in accordance with procedures authorized in Executive Order No.
11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
g. The contractor will include the provisions of paragraphs (1) through (7) in
every subcontract or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor issued pursuant to Section 204 of
Executive Order No. 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor. The contractor will
take such action with respect to any subcontract or purchase order as may
be directed by the Secretary of Labor as a means of enforcing such
provisions including sanctions for non-compliance: Provided, however,
that in the event the contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as result of such
direction, the contractor may request the United States to enter into such
litigation to protect the interests of the United States.
3. Have you written an Equal Employment Opportunity
policy statement?
a. If YES, where is this statement posted?
b. Please provide a copy.
NOTE: Sample statements are available upon request.
4. What is the name of your Company's Equal Employment Opportunity
Officer? (Please print)
Phone number
5. The undersigned agrees to display the following posters at
the worksite, conspicuously placed, for the duration of the
contract.
EEOC/OFCCP Poster
Age Bias Poster
Wage Discrimination Poster
NOTE: The City can provide assistance in obtaining the necessary
posters.
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Yes No
Yes No
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6, Goals and timetables
For assistance in completing the table below, please refer to the INSTRUCTIONS and DEFINITIONS on pages 6-8.
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EXISTING EMPLOYMENT
GOALS TO INCREASE
MINORITY AND FEMALE EMPLOYMENT
JOB CLASSIFICATIONS
v)
Total Minorities
Males Females Males Females
0)
Minorities Females
ate of ant - ate o —anti -
hire or cipated hire or
promotion promotion
Official/Managers
Professionals
Technicians
Office/Clerical
Craft Workers
(Skilled)
Sales Workers
I.Operatives
..Semi -skilled)
• Laborers (Unskilled)
Service Workers .
Apprentice.
Trainees
hi -the -job
TOTAL
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7. How do you currently inform applicants, employees, and recruit-
ment sources of your equal employment opportunity policy?
Yes No
8. Do you provide a working environment free of harassment
and intimidation for your female and minority employees?
9. Do you provide nonsegregated facilities and company activities
for all employees?
10. If you rely in whole or in part upon unions as a source of your
workforce, are they aware of your comeitment to affirmative
action and equal employment?
a. How do you make them aware of this commitment?
The above responses to questions 1 through 10, are true and correctlyreflect
our affirmative action and equal employment policies. The employment figures
and goals contained within the Table (#6) are true and accurate and we will
make every effort to achieve the goals which we set.
Firm Company Name
Signature
Print Name
Phone Number
Title
Date
NOTE'- PAGES 2 THROUGH 5 ARE TO BE RETURNED TO THE CONTRACTING
DEPARTMENT PRIOR TO EXECUTION OF THE CONTRACT.
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INSTRUCTIONS for completing the chart located on page 4, question N6, GOALS &
TIMETABLES.
1. Complete the EXISTING EMPLOYMENT section. Job Classification definitions
appear on pages 7 & 8.
2. The statistics located below, indicate the AVAILABILITY of women and
minorities in your recruitment area. Compare thesestatistics with your
current employment figures. If statistics are available per job
classification, then make your comparisons in that manner, if the
statistics are not broken down, compare your total minority and female work
force figures with the total availability statistics.
i) Johnson County labor force statistics: 2.05% minority
44.04% female
ii) A more detailed breakdown by job classification may be
available for your location. This information may be
obtained from the Civil Rights Specialist.
3. If your current employment percentages for women and minorities, either in
a particular job classification or as a whole, is lower than the statistics
indicate is available, then UNDERUTILIZATION of either minorities or
females exist.
4. If UNDERUTILIZATION exists, determine the number of women or minorities
needed to make your work force percentages equal to the availability
statistics. This figure represents your GOAL to increase minority and
female representation. If you do not have statistics by job classification
.set a goal in the job classification you are most likely to have employee
movement in.
5. When, during the length of the contract, will you attempt to achieve this
goal? - that is called a TIMETABLE, and should appear in the GOALS TO
INCREASE MINORITY AND FEMALE EMPLOYMENT SECTION.
NOTE - DEFINITIONS for capitalized words in the above narrative, appear in
Section IV of this document.
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JOB CLASSIFICATION DEFINITIONS - TO BE USED IN COMPLETION OF QUESTION /16, pg. 4
1. Managers and Administrators: Occupations requiring administrative
Pegg
who set broad policies, exercise overall responsibility for
execution of these policies, and direct individual departments or special
phases of a firm's operations. Includes: officials, executives, middle
management, plant managers, department managers, superintendents, salaried
supervisors who are members of management.
2. Professionals and Technicians: Professionals are considered to be persons
working in occupations requiring either college graduation or experience
of.such kind and amount as to provide a comparable background.
3. Technicians: Technicians are those whose work requires a combination of
Basi—`c sci ntific knowledge and manual skill which can be obtained through
about two years of post high school education, such as is offered in many
technical schools and junior colleges, or through equivalent on-the-job
training.
4. Office and Clerical: All clerical -type work regardless of the level of
difficulty, where the activities are predominantly non -manual, though some
manual work not directly involved with altering or transporting the
products is included. Includes: bookkeepers, cashiers, collectors,
messengers, office helper, office machines operator, shipping and
receiving clerk, stenographers, typists, secretary, telephone operators. .
5. Skilled Crafts: Manual workers of a relatively high skill level, having a
thorough and comprehensive knowledge of the processes involved in their
work. They exercise considerable independent judgment and usually receive
an extensive period of training. Includes: building trades, hourly paid
foremen and leadmen who are not members of management, mechanics and
repairmen, skilled machinery occupations, electricians.
6. Sales Workers: Occupations engaged wholly or primarily in direct selling.
Includes: advertising agents and sales agents, insurance agents and
brokers, real estate agents and brokers, sales agents and sales clerks,
grocery clerks, cashier -checkers.
7. Operatives (Semi -skilled): Workers who operate machine or processing
equipment or perform other factory -type duties of an intermediate skill
level which can be mastered in a few weeks and require only limited
training. Includes: apprentices, operatives, attendants, delivery and
route drivers, truck and tractor drivers, dressmakers, weavers, welders.
8. Laborers (Unskilled): Workers in manual occupations which generally
require no special training. They perform elementary duties which may be
learned in a few days and which require the application of little or no
independent judgment. Includes: garage laborers, car washers, gardeners,
lumber workers, laborers performing lifting, digging, mixing, loading and
pulling operations.
9. Service Workers: Workers in both protective and nonprotective service
occupations. Includes: attendants, clean-up workers, janitors, guards,
waiters and waitresses.
10. Apprentice: Persons employed in a program including work training and
related instruction to learn a trade or craft which is traditionally an
apprenticeship, regardless of whether the program is registered with a
Federal or State agency.
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11. Trainees (On-the-job): Production... persons engaged in formal training
for cra tsperson when not trained under apprentice programs, operative
laborer, and service occupations.
MINORITY GROUP IDENTIFICATION
American Indian or Alaskan Native: all persons having origins in any of the
original peoples of North America and who maintain cultural identification
through tribal affiliation or community recognition.
Asian and Pacific Islanders: all persons having origin in any -of the original
peoples o the tar ast, Southwest Africa, the Indian Subcontinent, or the
Pacific Islands.
Black: all people having origins in any of the Black African racial groups not
of Hispanic origin.
Caucasian: (Not of Hispanic origin), includes persons having origins in any of
the original peoples of Europe; North Africa, or the Middle East.
Hispanic: all persons of Mexican, Puerto Rican, Cuban, South or Central
American, or other Spanish Culture or origin, regardless of race.
These definitions and identifications should be retained for future use.
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SECTION III - SUGGESTED STEPS TO ASSURE AFFIRMATIVE ACTION
I. COMPANY POLICY i
Determine your company's policy regarding equal employment and
affirmative action. Write this policy out and post it in a
conspicuous place so that it is known to all your employees.
Furthermore, disseminate the policy to all potential sources of
employees and to your subcontractors asking their cooperation.
The policy statement should recognize and accept your responsibility
to provide equal employment opportunity in all your employment
practices. This responsibility should include:
-correcting any and all discriminatory practices and conditions
which presently exist
-taking appropriate remedial actions to correct past inequities
-taking a results -oriented approach, in other words, affirming
the policy through actual minority and female hires and by
maintaining a "single standard" principle in your unit so that
employees are evaluated, recognized, developed and rewarded on
a fair and equitable basis.
Iy
In regards to dissemination of this policy, this can be done through ;
the use of letters to all recruitment sources and subcontractors,
personal contacts, and employee meetings.
I
2. EQUAL EMPLOYMENT OPPORTUNITY OFFICER
Designate an equal employment opportunity officer or at minimum
someone should be given the responsibility of administering and
promoting your company's affirmative action program. This person
should be placed .within your organizational structure so as to
emphasize the importance of the program.
3. INSTRUCT STAFF
Your company personnel staff should be aware of and required to abide
by your affirmative action program. All employees authorized to
hire, supervise, promote and discharge employees or recommend or are
involved in such actions should be trained and made to comply with
your policy and the current equal employment opportunity laws.
4. RECRUITMENT ?
(A) Let potential employees know you are an equal employment
i
opportunity employer. This can be done by identifying yourself j
! on all recruitment advertising as "an equal employment
opportunity employer".
j (B) Use recruitment sources that are likely to yield minority and
ifemale group applicants. Word-of-mouth recruitment will only
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perpetuate the current composition of your workforce.
Recruitment sources that fail to send minorities and females
should be evaluated for continued use. Send all recruitment
sources a letter annually which reaffirms your commitment to
equal employment opportunity and requests their assistance in
helping you hire minorities and females.
(C) Analyze and review your company's recruitment procedures to
identify and eliminate discriminatory barriers.
(D) Select and train persons involved in the employment process to
use objective standards and to support affirmative action
goals.
(E) Periodically review job descriptions to make sure they actually
reflect major job functions and do not require higher
qualifications.
(F) Review the job application to insure that only job related
questions are asked. Ask yourself "Is this information
necessary to judge an applicant's competence for performing the
job applied for?"
(G) Only use job-related tests which do not adversely affect any
particular group of people.
(H) Carefully monitor interviews and interviewees' actions. Biased
and subjective judgments in personal interviews can be a major
source of discrimination.
5. APPRENTICESHIP AND OTHER TRAINING
Where applicable, you should assure that full use will be made -of any
existing labor/management sponsored programs designed for the
purposes of recruiting and training minority and female applicants
and employees.
6. MONITOR ALL POLICIES AND PRACTICES
In order to assure your policy is effective, at least twice per year
a review of the following should occur:
-APPLICANT FLOW - a record for each applicant, indicating the
person's name, race, sex, referral source, date of application,
position applied for, and disposition (hired or not hired)
-HIRES by race, sex, department, job title and starting salary
PROMOTIONS and TRANSFERS by race and sex
-DISCHARGE and TERMINATIONS by race, sex, reason for discharge
and termination.
Review of the above information will allow you to determine
discrepancies that exist, if any, within your work place. Such
discrepancies could include different starting salaries for men and
women doing similar jobs, inconsistent and arbitrary discharges or
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promotions and transfers. Furthermore, a review of this information
could indicate a need to either seek additional or new recruitment
sources to obtain a wider selection of applicants.
NOTE: Forms for monitoring practices and policies are available upon
request from the City's Civil Rights Specialist
7. SET GOALS
Once the policy has been determined, and the practices are monitored
accordingly to determine actual results, goals may need to be set if
your workforce still falls short of having a representative number of
minorities and females relative to their availability in the
community. Goals to hire or promote minorities and females should be
set once per year and these goals should be communicated to the
appropriate employees.
Increasing and/or improving your minority and female workforce
representation can also occur through improved hiring and selection
procedures, which have already been discussed, and through non -
biased promotion, transfer and training policies.
In regards to the latter three, companies must make sure procedures
for selecting candidates for promotion, transfer and training are
based upon a fair assessment of an employee's ability and work
record. Furthermore, all companies should post and otherwise
publicize all job promotional opportunities and encourage all
employees to bid on them.
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SECTION IV - DEFINITIONS
The definitions typed in all capital letters refer directly to the
City's contract compliance program. The other definitions are for
your own information.
AA:
Affirmative Action
AAP:
Affirmative Action Program - an active, planned effort to bring more
minorities and women into the organization at all levels through non-
discriminatory hiring and promotions, and to apply the same benefits
and opportunities to all workers. The affirmative action program is
the practical action taken to implement the equal employment policy.
ADVERSE IMPACT:
A company may have a policy which, although applied neutrally, has a
negative or adverse impact upon a particular group of employees. An
example would be a minimum height requirement that is not job-related
and could possibly eliminate a high percentage of Orientals and
women.
APPLICANT FOR EMPLOYMENT:
A person who completes a formal application form, or by some other
means (resume, letter, request, etc.) indicates a specific desire to
be considered for employment. An APPLICANT LOG should record
requests for employment made in person whether or not an application
form is completed.
APPLICANT FLOW DATA OR APPLICANT LOG:
A numerical compilation of employment applicants showing the
specific numbers of each racial, ethnic and sex group, who applies
for each job title (or group of job titles requiring similar
qualifications) during a specified time.
AVAILABILITY:
The percentage of minorities or women who have the skills required
for entry into a specific job or classification, or who are capable
of acquiring the required skills.
BFOQ-Bona Fide Occupational Qualifications:
The law allows employers to hire or promote by sex in rare cases
where a worker of a certain sex is really needed for the job. This is
interpreted narrowly, to mean that sex-related anatomy is required -
for instance, it is legal to hire a man if you need a bass singer or a
male model; a woman if you need a soprano or a model for women's
clothes. It is not legal to specify a man for so-called "heavy"
work; if it can be proved that there is no woman who can do the work;
BFOQ may exist. The problem with the BFOQ is that employers may be
trapped by stereotyped thinking into a belief that a job can only be
done by one sex when that is not necessarily true - and the employer
is then vulnerable to discrimination complaints. It is safer to test
the capacity of individual applicants, regardless of sex, making
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sure that you test only for the qualities required by the job and not
for more strength (or whatever) than is actually required.
BLACK:
The preferred term for people of Afro-American heritage. The term is
a philosophy of life that indicates pride in the African heritage and
culture, unlike the more outdated and sometimes derogatory terms
"Negro" or "colored person."
BUSINESS NECESSITY:
A term sometimes used by employers who argue that sex is a BFOQ for a
given job. Title VII gives "business necessity" to the BFOQ by
saying, in Section 703(e): "It shall not be an unlawful employment
practice for an employer to hire... classify...or employ any
individual... on the basis of his religion, sex, or national origin in
those certain instances where religion, sex or national origin is a
bona fide occupational qualification reasonably necessary to the
normal operation of that particular business or enterprise."
This is narrowly interpreted. For instance, one airline claimed
flight attendants or stewardesses had to be women because a survey
showed that passengers wanted comforting and friendliness from
stewardesses, and women were better constituted than men to be
comforting and friendly: The Court said this was not a business
necessity. The airline was in business to transport people safely
from one place to another. The flight attendant's job was not
connected with the airline's major function and the "business
necessity" arguments could not be used. Even if the flight
attendants were all male and all surly, the airline could carry on
its normal operation of safe transport.
CHICANO:
A male Mexican -American. The female is called "Chicana." Both are
included in the larger group known as SSA's, or Spanish -surnamed
Americans.
CIVIL RIGHTS ACT OF 1964:
Overall, the Act outlaws discrimination against women and minorities
in employment, voting, public accommodations, public education, the
use of public facilities, etc. This is a Federal act passed by the
U.S. Congress.
For affirmative action purposes, the point of interest is Title VII
of the Act, which prohibits discrimination in employment and creates
the federal Equal Employment Opportunity Commission (EEOC) for
enforcement purposes.
Title VII was amended in 1972 to broaden the number of private
employers. In addition, the EEO Act included state and local
governments and political subdivisions under Title VII coverage,
prohibited discrimination in Federal employment with enforcement
given to the U.S. Civil Service Commission, and created a central
coordinating body between all anti -discrimination enforcement
agencies.
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COMPLIANCE:
As used in this document, compliance refers to employment practices
which are in line with the Iowa City Contract Compliance
requirements. These requirements are indicated on pages 1-5.
CONFIDENTIALITY:
Information or reports obtained by or submitted to the Civil Rights
Specialist in the course of monitoring the City of Iowa City Contract
Compliance Program will not be disclosed to the public when such
disclosure would serve no, public purpose and would give advantage to
competitors of the contractor from whom the report has been received;
however, such information may be disclosed to a governmental agency
conducting an investigation involving alleged illegal discriminatory
practices and the contractor or parties charged in accordance with
the Iowa City ordinance pertaining to Human Rights.
CONTRACTING DEPARTMENT:
The City of Iowa City department that is handling the particular
contract.
DEPARTMENTAL SENIORITY:
In some companies, disadvantaged workers have traditionally been
isolated in a few departments where jobs were poorly paid and
promotional opportunities were nonexistent. The only way out was to
transfer to another department, but some companies and unions
specified as part of their collective bargaining agreements that
workers who transferred could not carry their accrued seniority into
the new departments. Instead, they had to begin as if they were
newlolicies
of departmental seniority, red workers. saying the policies tend to los have ck ted hem into
the old departments and minimize their opportunity. Courts have
generally agreed with the complaining workers. Furthermore, if the
employers intent is not discriminatory but the effect of the system
is discriminatory, and if the employer is so notified but does not
change the seniority system, the EEOC will deduce that the employer
intended to discriminate. Antidiscrimination agencies and
disadvantaged workers prefer plantwide seniority, which allows
workers to maintain the seniority they have earned from the date of
hire if they transfer to new departments.
DISCRIMINATION:
j Illegal treatment of a person or group whether intentional or
unintentional based on race, color, sex, age, national l o yin,
re Bion, creed, marital status, sexual preference or disability.
The term also includes the failure to remedy the effects of past
discrimination.
DISPARATE TREATMENT:
Unequal or dissimilar treatment of employees similarly situated
because of their race, sex, age, or other impermissable basis.
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EEO:
A general term meaning "equal employment opportunity."
EEOC:
The Equal Employment Opportunity Commission, a federal agency
created by Title VII to enforce the Civil Rights Act of 1964. It
also enforces the amendments passed in the EEO Act of 1972. The EEOC
does not perform routine compliance reviews. Generally, it acts only
when a complaint is filed against an employer by an aggrieved job
applicant, employee, group of employees, or organization authorized
to represent aggrieved employees.
EEO -1 FORM:
A form which must be filled out byra ivate employers with 100 or more
employees and sent to the EEOC once a year. Employers report how
many minorities and women they have as officials and managers;
professionals; technicians; sales personnel; office and clerical
workers; skilled craftsmen; semi -skilled operatives; laborers;
service workers.
EEO -2 FORM:
Corresponding form on apprentices in each trade or craft, broken out
by race and sex. This report must be filled out annually by joint
labor-management a ren�ticesh_ip committees which have five or more
apprentices, at eastl one supports gnTemployer with more than 25
employees and at least one union sponsor with 25 or more members or a
union hiring hall.
EEO -3 FORM:
The same as EEO -2, but filled out each year by local unions.
EXECUTIVE ORDER 11246:
Issued by President Johnson in 1965. It says employers with
government contracts or subcontracts may not discriminate on the
basis of race, color, religion or national origin. Sex was omitted
in this order, but added by Executive Order 11375. Therefore, many
people refer to this order as "Executive Order 11246 as amended."
GOAL:
A target number or percent of women and minorities to be hired,
promoted or transferred to various job classifications (as defined
on pages 7 and 8) within a given period of time. The number is
usually computed by the number of available and qualified
disadvantaged workers in the labor area.
A "goal" should not be confused with a "quota." A quota is a ceiling
figure designed to require hiring a certain number of a particular
group to the exclusion of others. "We will take up to 10% women in
this job category but no more." A goal is a floor, a minimum number
of people to be included in -- e.g., "we will take at least 10% women
in this job category." A quota may be designed to keep things
basically as they were, including only token numbers of the 'others".
A quota may or may not be appropriate under law, depending on whether
past discrimination existed. A goal is designed to alter the status
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quo over time. Setting and achieving goals turns a company's equal
employment opportunity statement into a reality.
GOOD FAITH EFFORT:
Employers sometimes say they have made a good faith effort in
affirmative action but "we could not find any qualified...". Courts
tend to look carefully at this defense on the basis that regardless
of intent, if workers have been hurt the law must make them whole.
Accordingly, good faith efforts should be made in all areas of
employment including but not limited to:
a. employment advertisements
b. internal and external dissemination of the company's EEO policy
and affirmative action program
C. designation of a company EEO officer
d. development of and implementation of non -biased employment
Practices (hires, promotions, transfers, discharges, employee
benefits, etc.).
Employers must keep a written record of such actions in order to show
good faith effort.
NOTE - For more detailed information please discuss this with the
City's Civil Rights Specialist.
JOB-RELATED QUALIFICATIONS
If an employer says a High School degree is needed for the job, it
must be true. The employer may have to prove that it is impossible
for the large majority of workers to do the job adequately without a
High School degree. At one time, employers often required higher
skills than necessary in a conscious effort to keep out disadvantaged
applicants; others required the higher skills without discriminatory
intent but the result was the same. The new emphasis on job-related
qualifications makes room for employers to demand the skills they do
require, but forbids the old, unnecessary escalation.
MINORITIES:
All.persons classified as American Indian, Alaskan Native, Asian or
Pacific Islander, Black or Hispanic.
NEW HIRE:
A worker added to an establishment's payroll for the first time.
OFCCP:
The Office of Federal Contract Compliance Programs, U.S. Department
of Labor. It is responsible for enforcing Executive Order 11246 as
amended.
OLD BOY NETWORK:
Slang term which refers to hiring by word of mouth, which used to be
the way the good job openings were known only by white males.
Therefore it was only white males who got them. The word "old" in
this usage does not refer to age, but to long acquaintances.
Affirmative action tries to weaken the exclusionary effect of the
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network by requiring employers to actively recruit in minority and
women's organizations and media, and by requiring goals for the
hiring and promotion of minorities and women.
PROTECTED CLASS CATEGORIES:
Those groups of people protected by the laws against discrimination.
In Iowa City, the protected categories are: race, color, creed,
religion, sex, age, national origin, disability, marital status and
sexual preference. The latter two categories are not included in the
area of housing. (Sexual harassment has been determined to be a
discriminatory practice affecting both males and females.)
RECOMMENDATION FOR COMPLIANCE:
The recommendation made by the Civil Rights Specialist to the
appropriate persons certifying that a contractor has satisfactorily
i completed all bid conditions, as specified by the City of Iowa City
Contract Compliance Program.
RECRUITMENT:
A search for job applicants. Help wanted ads and contacting
employment agencies are typical recruitment steps.
REHIRE:
i
To return a worker to the•payrolI after a complete -break in service.
REMEDIAL ACTION:
Actions undertaken by an employer to remedy the effects of past
discrimination. Often it is affirmative action but in more stringent
doses. For instances, if black workers are.25% of the workforce in a
contractor's labor area, affirmative action might require that the
contractor hire 25% black workers. Remedial action might be to hire
50% black workers until the contractor is at parity, or 25% black
workers in all job categories.
REQUISITE SKILLS:
Those skills that make a person eligible for consideration for
employment in a job.
REVISED ORDER:
Guidelines issued by the OFCCP outlining what employers must do to
comply with Executive.Order 11246 as amended.
I
i REVISED ORDER 14:
Internal guidelines issued by the OFCCP which instruct their own
compliance officers in conducting a compliance review. The order
also outlines what documents employers must make available to the
government's compliance officer.
SELECTION:
The hiring process which comes after recruitment and interviews. In
this step the employer decides who will get the job.
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SSA:
Spanish -surnamed American.
SYSTEMATIC DISCRIMINATION:
One or more practices which have many discriminatory off -shoots so
that an entire organization screens out disadvantaged workers in the
end. An example would be department seniority, described on page 14.
TIMETABLES:
A time frame within which an employer tries to reach the established
affirmative action goals.
UNDERUTILIZATION:.
Employment of members of a race, ethnic or sex group in a job or job
group at a rate below their availability within the company's
recruitment area. Depending on the job, recruitment area may be
local, regional or national.
VALIDATION:
Process of determining whether tests given for employment in a
certain job actually predict good or bad performance on the job.
(See Job -Related Qualifications" on page 16.) Validation is
designed to eliminate false criteria which screen out disadvantaged
groups. At the same time, validation protects the employer's right
to hire only those workers who are qualified. The validation is
ordinarily done by an independent organization with expertise in
that area.
WORD-OF-MOUTH ADVERTISING:
Similar to Old Boy Network. Employers run the risk of perpetuating
the effects of past discriminatory practices if they maintain a word-
of-mouth recruitment policy. Since this policy relies upon current
employees informing friends and relatives of vacancies, and since
past discrimination often has substantially restricted minority
group representation in an employer's workforce, it follows that
non -minorities will be included in the flow of information regarding
job openings at a higher rate than min%rities. Such discrimination
may also result from word-of-mouth recruiting, as where information
about job openings is disseminated by male department heads limiting
the likelihood that females will be apprised of employment
opportunities.
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City of Iowa Cit'
MEMORANDUM
Date: June 4, 1982
To: City Council
From: Dale Helling, Assistant City Manager
Z7/Y
Re: Fair Housing Assistance Program (FHAP)
Last year the City sent an application to the HUD Fair Housing and Equal
Opportunity Office, requesting certification of the City's Fair Housing
Ordinance as substantially equivalent to the fair housing laws provided by
Title VIII of the Civil Rights Act of 1968. The substantial equivalency
of our laws has now been recognized by HUD, and a notice to that effect was
published in the Federal Register, Vol. 47, No. 92 on May 12, 1982.
As a result of this recognition, Iowa City is now eligible to apply for
funds under the Fair Housing Assistance Program (FHAP). For two years the
City is eligible for non-competitive funding for Capacity Building (up to
$20,000 per year), Training (up to $4,000 per year), and Complaint
Monitoring and Reporting Systems (up to $3,000 per year).
We will shortly be submitting an application to HUD for approximately
$14,000 for Capacity Building and $1,700 for Training. The Capacity
Building budget includes 20% of the salary of the Civil Rights Specialist
and the salary for a half-time Fair Housing Specialist. This will 'enable
the City to process fair housing complaints expeditiously (as required by
HUD), and to carry out an outreach program to landlords and tenants.
Training workshops are required by HUD, and will involve the Human Rights
Commissioners as well as City Civil Rights and legal staff.
Under FHAP, competitive funds for education and outreach, technical
assistance to real estate groups and institutions, and any projects which
improve the City's capability to ensure fair housing are also available.
We will investigate possible projects suitable for funding under the
competitive FHAP program at a later date.
bj4/7
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:ity of Iowa Cite;
MEMORANDUM
Date: June 4, 1982
To: City Council
From:
Dale
Hel ling, Assistant
City Manager
Re:
Fair
Housing Assistance
Program (FHAP)
/Y'/l/
Last year the City sent an application to the HUD Fair Housing and Equal
Opportunity Office, requesting certification of the City's Fair Housing
Ordinance as substantially equivalent to the fair housing laws provided by
Title VIII of the Civil Rights Act of 1968. The substantial equivalency
of our laws has now been recognized by HUD, and a notice to that effect was
published in the Federal Register, Vol. 47, No. 92 on May 12, 1982.
As a result of this recognition, Iowa City is now eligible to apply for
funds under the Fair Housing Assistance Program (FHAP). For two years the
City is eligible for non-competitive funding for Capacity Building (up to
$20,000 per year), Training (up to $4,000 per year), and Complaint
Monitoring and Reporting Systems (up to $3,000 per year).
We will shortly be submitting an application to HUD for approximately
Building$14,000 for p budgetncludesu20% o the salary of thuilding and $1,700 fore Civil Training.
The
Specialist
and the salary for a•half-time Fair Housing Specialist. This will'enable
the City to process fair housing complaints expeditiously (as required by
HUD), and to carry out an outreach program to landlords and tenants.
Training workshops are required by HUD, and will involve the Human Rights
Commissioners as well as City Civil Rights and legal staff.
Under FHAP, competitive funds for education and outreach, technical
assistance to real estate groups and institutions, and any projects which
improve the City's capability to ensure fair housing are also available.
We will investigate possible projects suitable for funding under the
competitive FHAP program at a later date.
bj4/7
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--.City of Iowa Cites.,
MEMORANDUM =
Date: June 4, 1982
To: City Council
From: Doug Boothroy, Senior Planner
Re: County Home Water Main
The Public Works Department views the extension of utilities as a
request for an immediate level of service, the design of which should
account for ultimate needs. It is a long-range solution to an
immediate problem which may not be cost effective.
The extension of a sanitary sewer out to the County Home provides a
good example. From an engineering point of view, the appropriate
course of action is to view the direct costs involved and construct a
sewer large enough to accommodate full development without
considering the short-range impacts. From a planning standpoint, it
would be argued that sewers should only be extended as programmed or
as compact and contiguous development occurs. The same analogy can
be used regarding the extension of a water main to the County Home,
i although in this instance, it has more far reaching impacts than by
merely the extension of a sanitary sewer.
The City's adopted Comprehensive Plan suggests that compact and
contiguous growth is more appropriate to the cost-effective
provision of services than by permitting scattered and leapfrog
development. The staff has developed an AG Agricultural Zone and is
developing a short range plan with the specific intent of
accomplishing this goal. The AG Zone has already been identified as
a "key issue" in the- draft of the new zoning ordinance. The premise
upon which the AG Zone would be applied is as an interim zoning of
remote areas of the community until public utilities have been
provided to these areas. It is and has been the legal staff's
opinion that agricultural zoning could not be used as a "holding
zone," i.e., the only basis upon which we can establish agricultural
zoning is as a temporary zone.
iAs was indicated in the Southwest Area Study and discussed with
Council, large portions of the western part of Iowa City were
proposed to be zoned in the short range for agricultural use to
inhibit unplanned and scattered growth. As a policy, utilities would
not be extended to these areas in the short range unless they were
extended at the property owner's expense. The presumption is that a
private property owner would not find it feasible to develop land if
utilities had to be extended for a considerable distance.
Consequently, if a water main is extended to the County Home property
and other intervening properties, to which a sanitary sewer has
already been extended, we will have no alternative but to rezone the
areas for urban development and allow development in these areas to
occur. The Council should, therefore, seriously consider whether it
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is appropriate at this time to extend a water main to the County Home
in disregard of the resultant costs involved. Such actions would be
inconsistent to the Comprehensive Plan, the capital improvement
program, and policies discussed with the City Council to be
incorporated in the updated plan.
The efficient supply of public services is measured in terms of
providing public services at minimum expense, taking into
consideration all direct and indirect costs and benefits to enable
the taxpayer to get the most for his/her money. It is questionable
whether the extension of a water main to the County Home would meet
efficiency criteria, i.e., the net benefit would be greater than some
other alternative in providing an "adequate" supply of water to the
County Home. It is, of course, difficult to determine the benefits
to the County Home in supplying a certain amount of water as is
obviously the case in measuring the benefits of any philanthrophic
agency. The costs are likewise difficult to measure. In addition to
the direct costs of providing a water main to the County Home, there
are indirect net costs in providing services to a development allowed
to occur as a result of the extension of the water main. The
question is one of determining the resultant net benefit (cost) per
person housed in the County Home. Considering all future costs
involved, it could be argued that by any methodology used in cost -
benefit analysis, it is questionable whether the net benefit would
indeed be positive.
An alternative to the extension of a water main which should be
explored, is the provision of a new, perhaps deeper, well to the
County Home and a reservoir or water storage tanks for the
containment of water necessary in case of a fire. Such action was
required by the City of the Makada Subdivision in the county, a
multi -family development. This obviously is the only alternative to
a use which does not have the convenience of a public water system.
A correlation should not be made between the extension of a water
main to the County Home and the extension a water main to the
Hunter's Run development on Rohret Road. The distinction must be
made between that area to which services can be provided more
efficiently and those areas more remotely located to which the
provision of services would either be more difficult or more
expensive. The Hunter's Run development was, as presented in the
Southwest Area Study, located in an area for which short range
development was anticipated.
Finally, in the analysis of this matter, I noted that the costs for a
12" water main were proposed to be divided equally between the City
and County. It should be mentioned that if population were used as
the basis for distributing the costs of the improvement, the
residents of Iowa City would be paying 13/16 of the cost. Since the
residents of the City are also residents of the County, not only
would they be paying 1/2 of the cost as residents of the City but
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City of Iowa citf:',
MEMORANDUM
Date: June 3, 1982
To: Neal Berlin and City Council
From: Chuck Schmadeke, Director of Public Works
Re: Water Main Extension to the Johnson County Home
Iowa City has been requested to extend its water distribution system to the
Johnson County Home.
Iowa City Ordinance No. 75-2773 states that "when water mains are extended, the
property owners benefited thereby as determined by the Director of Public Works
shall be charged a uniform fee based upon the cost of extending a water main six
(6) inches in diameter together with all the necessary valves, fire hydrants,
and other parts."
Several parameters are considered when sizing a water main extension. They are
as follows: system continuity, sufficient flow for fire protection, sufficient
pressure for domestic use, and compliance with requirements of DEQ and the
Uniform Plumbing Code.
S,s&
,t ng Con;t�iouyi�j. A water system should supply a uniform distribution of water
eaF
ly u, p
pressures throughout the City in order to provide an equal level
of service to all users. A uniform distribution system is also necessary to
obtain a favorable rating from the insurance services office.
Sufficient Flow for Fire Protection. A flow of between 1750 gpm and 2000 gpm is
required for fire protection. A positive pressure within the water main must be
maintained during fire flows to insure against contamination of the water
system. A 12 inch water main will provide 1800 gpm while maintaining a minimum
residual pressure of 20 psi within the main.
Sufficient Pressure for Domestic Use. Assuming a peak flow rate of 60 gpm for
domestic use, the available pressure to overcome internal'pipe friction losses
incurred from the plumbing system and fixtures within the building complex is 20
psi with a 6 inch water main and 24 psi with a 12 inch water main.
Cglimn h &a do U21 Mbin Cod Requirements. DEQ requires that
w t W-8
c W rat L0rmP u , awal
al'nAbte low— Re— hd at the required fire flow while
maintaining a minimum residual pressure of 20 psi within'the main. Also, water
mains shall have a minimum size based an an hydraulic analysis utilizing 20 year
design high flow demands. The Uniform Plumbing Code requires 15 psi residual
pressure within the building system at the fixture furthest from the source.
A 12 inch water main is the minimum size that can be extended to the Johnson
County Home and satisfy all of the above parameters. Public Works, therefore,
recommends the extension of a 12 inch water main.
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City of Iowa City
MEMORANDUM
DATE: June 3, 1982
TO: City Council and City Manager
FROM: Denny Gannon X -
RE: Kirkwood Avenue Culvert
Due to the inclement weather of the past winter and accompanying high
water in Ralston Creek and with the rainy Spring, the contractor has
been delayed in completing construction at the Kirkwood Avenue culvert
site. It appears the Kirkwood Avenue and Dubuque Street intersection
will be -opened to traffic by June 15, 1982.
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City of Iowa city
MEMORANDUM
DATE: May 27i 1982
TO: City Council
FROM: Harvey 0. Miller
RE: Amendment to Chapter 5, Code of Ordinances
Attached to this memorandum is a proposed ordinance for your review. The
purpose of this ordinance is to specify not only the closing hours of
liquor -serving establishments but to establish reasonable limits of time
in which the premises must be vacated by unauthorized persons. The term
"unauthorized persons" is defined as any but the permit holder or licensee
or his/her agents or employees who are on the premises for more than 15
minutes after stated closing time. The ordinance would allow the permit
holder/licensee or his/her agents or.employees to remain on the premises
for a longer time if actually engaged in cleaning, maintenance, or necessary
work on the premises.
The major amendment to Section 5-10 of the Code is found in paragraph
(2) (c)•
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ORDINANCE NO.
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ORDINANCE AMENDING CHAPTER 5 BY ADDING A NEW
SECTION 5-10 TO THE CODE OF ORDINANCES OF THE CITY
OF IOWA CITY, IOWA.
SECTION I. PURPOSE. The purpose of this amendment
is to prescribe closing hours for certain
establishments which sell alcoholic liquor or beer,
to prohibit presence on said premises by
unauthorized persons when said premises are
required to be closed, and to regulate additional
hours when certain establishments may remain open
for business.
SECTION 2. AMENDMENT. Chapter 5 of the Code of
Ordinances of the Uty of Iowa City, Iowa, is
hereby amended by adding the following new section:
Section 5-10. Hours of Business:
(a) "Closing hours." Subject to the
provisions of Section 5-10(d), the
following closing hours shall apply
to any and all premises covered by a
' Class "A", B", or "C" liquor control
license or Class "B" beer permit
under this chapter:
i
(1) Said -premises shall be closed
for business between the hours
of 2:00 a.m. and 6:00 a.m. on
any weekday, and between the
hours of 2:00 a.m. on Sunday
and 6:00 a.m. on the following
Monday; however, premises
covered by the holder of a
liquor control license or beer
permit who has been granted the
privilege of -selling alcoholic
liquor or beer on Sunday may
remain open for business
between the hours of noon and
10:00 p.m. on Sunday.
(2) For the purposes of this
chapter, "weekday" is defined
to include Monday, Tuesday,
i Wednesday, Thursday, Friday,
and Saturday.
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(b) "Other uses." No premises described ••
in Section 5-10(a) shall be used for
any commercial, recreational,
entertainment, or other use or
purpose between the hours said
premises is required to be closed as
provided in this chapter.
(c) "Presence on premises after
closing." It shall be unlawful for
any person, nor shall any licensee
or permittee under this chapter or
his/her agents or employees permit
any person to enter or remain on any
premises described in Section 5-
10(a) between the hours said
premises is required to be closed
for business as provided in this
chapter except that persons already
in said premises at time of closing
shall be allowed an. additional
fifteen (15) minutes to depart;
however, the licensee or permittee
and his/her agents or employees may
be present on said premises after
closing for the purposes of
cleaning, maintenance, or
performing other necessary work on
said premises.
(d) "Additional hours." The City may
authorize by resolution of the City
Council that any establishment
holding a Class "A", "B", or "C"
liquor control license or Class "B"
beer permit for whom the sale of
goods and services other than
alcoholic liquor or beer
constitutes fifty (50) percent or
more of the gross receipts from the
licensed premises may remain open
additional hours beyond the hours
prescribed in Section 5-10(a) but
only for the purpose of selling
goods and services other than
alcoholic liquor or beer. To apply
for such authorization, the
licensee or permittee shall submit a
written and verified application to
the City Clerk, upon a form provided
by the City Clerk, listing certain
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information including the
following: 1) total gross receipts
for the past 90 days' from the
establishment, 2) gross receipts
for the past 90 days from the sale
of alcoholic liquor and/or beer, and
3) additional hours requested to
remain open. Said application shall
be accompanied by copies of the
establishment's most recent federal
and state income tax returns and
annual sales tax report. In the
event that the applicant receives
authorization to remain open for
additional hours, the applicant
shall file with the City Clerk on a
quarterly basis a written report,
upon a form provided by the City
Clerk, setting forth gross receipts
information, copies ,of quarterly
sales tax reports, copies of federal
and state income tax reports when
filed, and such further pertinent
information as the City Council may
require. The City of Iowa City by
its authorized agent shall be
permitted full access during all
reasonable business hours to all
records, reports, -audits, tax
reports, and any other.documents or
papers pertinent to gross receipts
from any establishment which has
applied for or received
authorization to remain open
additional hours. Failure to make
reports or to permit access to
records as required in this section
shall be cause for the withdrawal of
the additional hours authorization
by the City Council.
SECTION 3. REPEALER.
parts of ordinances
provision of this
repealed.
All ordinances and
in conflict with the
ordinance are hereby
SECTION 4. SEVERABILITY. If any section,
provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional,
such ajudication shall not affect the validity
of the Ordinance as a whole or any section,
6
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MEMORANDUM
Iowa City Public Library
Date: June 1, 1982
To:. City Council r�/� \
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From: Ed Zastrow, President, Library Board of Trustees L ` �
Re: Iowa City Public Library Foundation
This memo is written to address recent Council inquiries regarding the
newly -established Iowa City Library Foundation. Although your request
was specific, it seems like a good time to also relay some general
information.
BASIC INFORMATION
The initial budget for the Iowa City Library Foundation, $7,000, is from
the Library's Gift and Bequests Fund. This budget was approved as a one-
time, start-up donation. No tax monies have been utilized to establish or
support the Foundation. It is expected that .this and more will be
returned to the Library through gift monies from the Foundation during its
first year of operation.
The Foundation has been incorporated as a charitable,' non-profit
corporation under Iowa law. The initial Foundation Board consists of four
Library Board members: Zastrow, Bartley, Lyman, and Drum; and five
community members: Lynda Ostedgaard, President; Lynn Rowat, Treasurer;
Dave Dierks; John Koza and Randy Bezanson.
Foundation members will serve two-year terms. Foundation gifts will be
made to the Library's Gifts and Bequests Fund to provide public disclosure
and accountability.
The Foundation Board, though independent of the Library Board, will
consider a range of options for gifts to the Library as identified by the
Library Board. The Library Board will have input to the Foundation Board
via its four members. We anticipate the Foundation Board will function in
consensus with the Library Board in helping to meet the needs of the
Library.
j The Foundation Board has hired a well-qualified coordinator, Pat
Forsythe. Ms. Forsythe holds a masters in library science degree and was i
a full-time professional fund-raiser at the California Institute of
Technology. She will operate from her home and is fully appreciative that
this is a challenging growth opportunity. The Foundation's target for the
next year is to raise $25,000. The Foundation aspires to be basically
self-supporting by the end of the first year, June 1983.
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The Foundation is not to be confused with the Friends of the Library. The
Friends, established in 1975, represents our primary reservoir of
volunteer talent. The Friends organized and administered the cost-saving
move to the new Library. The Friends conduct an annual used book sale
which has enabled them to contribute $25,000 to the Iowa City Public
Library during the last two years. A 1981 gift from the Friends funded
signage at the Library. This year a $15,000 Friends gift has been
earmarked primarily for collection development. The Friends help provide
the ongoing volunteer corps which has served the Library so faithfully
during this first and difficult year. Succinctly stated, you may 4pin the'
Friends and give your time or you may gjU your money to the Foundation.
BACKGROUND AND RATIONALE
The Iowa City Public Library, like other educational and public
institutions such as museums, universities, and civic organizations, has
historically benefitted from private philanthropy. Many services
currently at the Library trace their origins to private giving, e.g., the
record collection, children's educational toy collection, the business
reference collection, and many pieces of audiovisual and 'graphic
equipment.
At the time the new Iowa City Library was being built, the Library Board
privately raised approximately $50,000 to address needs not covered by
referendum monies. These funds, both dedicated and discretionary, were
used in the following ways: to develop the parent-child resource center,
to enlarge the collection (primarily books), to buy additional microfilm
readers and reader/printers, to provide building signage and display
cases, and to provide equipment and materials for handicapped persons.
During the same period the Library was awarded three federal grants worth
approximately $75,000 to provide equipment to increase public access to
cable TV, to build a demonstration collection of subject materials in non -
print formats, and to generally enlarge the adult book collection. These
grants which benefitted Iowa Citians emanated from sources other than
local tax dollars.
A review of our Board minutes over the past two years will reflect our
intention to institutionalize fund-raising via a foundation once the new
Library was open. The sub -committee of the Board which worked on this
project drew upon the experience of other public libraries which have
established Foundations. They formulated the following general purpose
for the foundation:
To provide an independent source of funds for the enhancement and
support of the Iowa City Public Library
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-by developing increased community support for library goals
j-by increasing community awareness of library needs
m -by soliciting and accepting gifts and bequests.
Although our interest in establshing a foundation dates to 1979, several
recent conditions have intensified the need for new revenue sources:
1. The Reagan Administration impounded all Library Services and
Construction Act of 1954 (LSCA) funds for the current fiscal year. J
Through court action by several states including Iowa, these funds
have just been released, but the effect has been very disruptive to
programs benefitting local libraries.
i
2. The Reagan Administration has proposed zero LSCA funding for the next j
fiscal year. i
3. Competition for grants from foundations has intensified with the s.
drop in federal support for all kinds of activities. (National
foundations have never been good sources of support for local public a
libraries.)
4. As the recent explosive growth in usage of the Library demonstrates,
meeting the demands of a sophisticated, active library' community t
will be a challenge for the Board and Council. A private fund-
raising effort can assist in meeting those demands which are beyond
the scope of the Library's operating budget.
5. Knowing that the City faces an economic future of less or no growth
in tax revenues with steadily increasing costs, several Councilors
i at each of the last three annual budget hearings have asked the
Library Board what we are doing to increase revenues. While
philosophically rejecting the idea of user fees, we have attempted to
respond to this request in five ways:
--Automation. Allowed transfer of staff to public service
jobs; greatly increased revenues from fines
and lost materials; provides lots of hard
data to better project, direct, and target
d services.
f --Volunteers. About 100 hours a week are now being
contributed and this will increase in FY83.
--Gift Materials. Gift books are soliticed and account for
nearly 20 percent of all acquisitions.
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--Contracts-for Service. The fee for service to rural Johnson County
has been raised substantially in the past
three years and now includes a surcharge
for debt service. This fee is $80,000 in
FY83. The non-resident family fee card at
$60 is the highest in the state.
--Establishment of the Iowa City Library Foundation.
I hope this. information has been useful to the Council. The Board
welcomes the opportunity to discuss Library -related topics with the
Council. If Council has any further information requests from the Library
Board, please do not hesitate to contact me or any member of the Library
Board of Trustees.
bdw/sp
cc: Library Board of Trustees
Library Foundation Board
Library Foundation Coordinator
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McMar is
ASSOCIATES. INC
ManaBcment and
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RECEIVED 1982
May 28, 1982
n1con
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Mr. Neal G. Berlin
City Manager
City of Iowa City
Civic Center
Iowa City, Iowa 52240
Dear Mr. Berlin:
In March of this year, you and approximately 1,100 other
local government officials throughout the United States were
invited to participate in afnational survey concernin
agement and operations of local police apartments.
As we promised, we are forwarding you the attached
report of the results of that survey. We were particularly
interested in determining how local government is coping with
the challenge of managing Police agencies is these times of
increasing service demands and dwindling resources.
We thank you for your assistance and hope the enclosed
report will be of value to you. If you desire any additional
information, please don't hesitate to contact me.
Sincerely,
ttM,,cnnMnnANIS ASSOCIATES, INC -
Allan C. Austen, Director
Public Administration Division
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Enclosure j
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1201 Connettitvt Arxnue. Nonhxen • Washington, D.C. 20056.12021960.7680
201 Sansome Street • San Frandsen. ca. 94101.(415) 998.4087
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RESULTS OF NATIONAL SURVEY CONCERNING MANAGEMENT
AND OPERATIONS OF LOCAL POLICE AGENCIES
SURVEY RESPONDENTS .
Approximately 1,100 local government officials throughout the United States
were invited to participate in this survey in March of 1982 by completing a survey
questionnaire. A total of 482 responses were received, which represents 43.8 percent
of the survey questionnaires distributed.
The respondents represent a cross-section of local government entities throughout
the country. The police departments represented averaged 207 sworn officers and 51
civilian or non -sworn personnel, or a total staff of 258. The department sizes ranged
from a high of 12,475 sworn officers to seven, and a high of 2,192 civilian employees
to one civilian.
KEY FINDINGS
Economic conditions and budgetary dg ory trsttnints arc having an impact on police
' operating budgets and staffing levels.
Over the past three years, 52.3 percent of the police agencies in the survey sam-
ple have experienced either a decreese or no Increase in department staffing level: Con.
versely, 87.7 percent of these agencies experienced budget increases over the some
three year period, and the increases averaged 26.3 percent for the entire three years.
Most of the increases were attributed to cost of living and salary adjustments. Only
5.4 percent of surveyed departments experienced budget decreases or hold -the -line
budgets over the three years.
I
Despite the economic crunch, many departments are passing up opportunities
j to reduce costs.
For example, 57.2 percent of the local governments surveyed still maintain
i separately staffed and equipped communications operations for police and fire.
Sworn officers fully staff 15.1 percent of the police communications operations,
and 37.6 of the agencies retain police supervisors for the civilian dispatchers and tele-
phone clerks
More then 45 percent of the agencies have given no thought whatsoever to the use
of Public Safety Officers (personnel trained in both police and fire services).
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The use of modern police management techniques appears to be increasing
More than 74 percent of the responding agencies say their detective units use
solvability factors to set priorities in the investigation of crimes.
Nearly 87 percent of the agencies have developed crisis management plans. About
30 percent of these plans are described as being general, but the remainder are said to
be designed for specific emergencies such as weather emergencies, civil disturbances,
enemy attacks, hazardous waste problems, transportation accidents, and nuclear energy
plant accidents. ,
A substantial number of mayors, city managers, and county administrators give -
minimal attention to the management of their police agencies.
Thirty-seven percent of the responding communities said the administrative head
of government either devotes no time to supervising the management of the police
agency or becomes involved only when a problem arises.
CONCLUSIONS _...
The results of this survey indicate that while economic conditions and budgetary
restraints are making an impact on local police agencies, a substantial number continue
to do business as usual instead of utilizing cost-saving techniques which have proven
successful elsewhere. When we examine more controversial cost-saving approaches,
such as the Public Safety Office concept, there is very little enthusiasm to undertake
such efforts. On the other hand, a number of respondents spoke of a need for more
creative thought and innovation in dealing with the increasing problem of crime, in-
stead of attempting to solve everything with isolated infusions of additional funds.
Finally, there appears to be a substantial residue of local government belief that
a police department should not be given the same degree of management oversight as
any other department of local government. Too many mayors and managers responded
that managing the police department "is the Chief's job" so they devote no time to it
unless a problem or crisis develops. As a matter of fact, 21.3 percent of the local gov
emment administrative heads gave the survey instrument to their police department
to fill out.
It is our professional experience that innovative approaches to dealing with rising
crime, reducing or containing costs, increasing productivity, and seeking more effective
operations are less likely to occur when active participation on the part of the local
government administrative head is absent or lacking.
—2-
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MalfunctionsJ Plague Fancy New GM Buses,
Forcing Citie s to Make Expensive Repairs
By Kavtrt Toms
Stol/Rep.etne/ Tru W.,, 3ru JOVtweL
DETROIT -General Motors Corp. may
be the pride of the Motor City, but the com-
pany's stylish new buses have become some-
thing of an embarrassment around town.
The GM buses that Detroit began buying
In 1978 for 396,00 apiece have brought the
city a multitude of headaches. Kneeling
buses don't kneel, wheelchair lifts get stuck,
and air conditioners cause the buses to over-
heat. Even a new, improved version of the
bus has been causing some problems re-
cently In other cines.
"I could sit here and relate one defect af-
ter another In these buses;" complains Rich-
ard Golemblewskl, maintenance supervisor
for Detroit's Department of Transportation.
And Detroit Isn't alone. Dallas. Houston,
San Antonio and Madison, Wis., also have
had trouble with their GM blues: Together
they have spent mWiotu of local and federal.
dollars repairing or changing the blues. In
addition, Mr. Golemblewski says, q;BiQ&
mala�nanre Int' the new bt�ees �• about
oaa a near- �� -red w n a ran fn rte.
trmit'e older f:u ^ ^^�.•
'We Had Some Problems'
Even GM concedes the buses haven't
been without fault. "Being human, we had
some problems." says Edward Stokel, direc-
tor of public transportation at GM's GMC
truck and coach division. But, he says. "we
made a sincere, concerted effort to create
and engineer a product that would have zero
problems coming off the line."
The buses In question are from GM's
Rapid Transit Series B, the company's first
new line In 19 years. GM began building the
buses In 1977. In 1978, the federal govern.
ment came out with design specifications for
all bases purchased with federal funds. The
RTS -11 met those criteria. Cities across the
country ordered some COBB of the coaches,
but since then, transit systems have been
discovering one problem atter another.
Probably the most vexing problem with
the RTS -11 coaches has been the heating and
cooling system. In an effort to make mainte-
nance easier and simplify construction, GM
designers installed the air-conditioning con-
denser next to the radiator rather than on
the lop of the bus, as In earlier models. But
when dirty air filters through the condenser,
it adds heat to the radiator core. As a result
the engine overheats and the air condition•
ing fads. IAnd. unfortunately for riders, the
windows don't open.)
Faulty I.IftS
Wayne. Hale, the maintenance director
for SaaEAntonio's3���+t .vstem estimals
tri,. '.n. a tv scent S2 milUon reoalrnn e
ail, cnnditioning and devising a, solution for
th )rulilr�u The Tt1on7Wt the —air con-
ditioners back on top of the buses.
Another big headache stems from the two
features that were intended to make. It eas•
ler for handicapped or elderly persons to
use the RTS -II. Detroit's buses, for Instance,
are equipped with wheelchair M that allow
physically handicapped persons to remain In
their chairs while getting on or off the
buses. But the Ilfts have been notoriously
uncooperative. In one Instance, a lift be*
came stuck midway between the ground and
the doors. Because using the lift Immobilizes
the bus, the Detroit transit system had to
transfer all the passengers to another bus -
and then Its Ilft got smck. Finally, the pas-
sengers were successfully moved aboard a
third bus.
Mr. Golembiewskl says labor costs and
repairs to the Illts have cost Detroit about
320,000 for each of the city's 307 buses, but
T
Even GM's new
bus, the RTS -04, has
some problems. The air
conditioWs that
caused trouble on ear-
lier models were
moved but are break-
ing down now because
of a faulty clutch bear-
ing.
even that ouUay hasn't solved the problem.
If the buses Mt a series of chuckholes Me -
trait's streets are full of them), the lifts can
get knocked out of alignment, he says.
The buses also have a kneeling feature
that allows the driver to lower the right
front corner of the bus to accommodate
hendleapptd and elderly riders who have a
hard time stepping up. But Detroit, as well
as San Antonio and Madison, Wls„ have d1s.
connected the -kneeling-feature because of
repeated failures,
G51 Blames Maintenance
Other titles report a range of problems,
Including weak motor mounts, brakes that
wear out too quickly and doors that either
won't open or won't close. (San Antonio says
it spent about $1.5 million getting doors to
operate properly.)
GAJ blames most of the problems on poor
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maintenance. The air-conditioning prob•
lems, for instance, wouldn't occur if the con-
densers were, cleaned each week, says Mr:
stoke]. (The top•mounted air conditioners on
earlier models need cleaning only every
three or four months.) Weekly cleaning Is
also required, he says. for the wheelchair
IUDs and the kneeling mechanism. Mr. Sto-
kel contends that GM has repaired problems
that were Its fault, such as cracked body
panels, under the buses' one-year warranty.
The federal government doesn't hold GM
responsible for solving the air-conditioning
problems. The Urban Mass Transportation
Administration recently gave San Antonio
3360,000 in federal funds to move all the air
conditioners on Its buses back to the top of
the buses. And the Southeastern Michigan
Transportation Authority, which includes
Detroit, last week accepted a 33.9 million
grant. Sr. from UMTA and 207. from the
State of Michigan, to make the same
changes on Its buses.
An UMTA spokesman says it's up to local
transit officials to be sure they buy good
ade
a�mistake," ucts. "if he iou bid and.it's b
says of thesysteosystemsthat
have had trouble with their blues.
Grumman's Troubles
However, the only other American-made--
bus that meets the federal guidelines, Grtun-
man Corp.'s Model 870 Flxibles, also has
caused problems for some purchasers.
Grumman had to take back buses for re-
pairs in 1980 when cracks developed In the
frames.
For transit officials trying to keep their
GM RTS-Ils running, It doesn't always make
much difference where the money. comes
from -GM or the federal government -as
long as the buses are repaired. "The
damned air conditioner doesn't work and I
want It repaired;' says Confad Mallett, di-
rector of Detroit's transportation depart.
ment. "My personal responsibility is that 1
get this. repaired."
Now there's also some concern about
GM's latest coach model, called the RTS49.
The air conditioners on RTS44s are back on
lop, but the Houston Metropolitan Transit
Authority has had several air-conditioning
failures because of a faulty clutch bearing.
The part Is covered by warranty and GM
says Its supplier Is working to Improve the
bearings.
In New York City, which had Its Grum-
man Flxlbles taken out of service for
awhile, the.transit authority has pulled 3Do
RTS -04s off the roads because an Interlock -
Ing device controlling the doors was faulty.
GM also Is replacing that Item under war-
ranty. But a New York transit official says
her department Is getting tired of having to
put up with all the problems and may do
what millions of car buyers have done in re-
cent years -buy foreign.
ado,/
9
r
e: • .,� ;S
M.
Date: June 4, 1982
To: City Council
From: \N' Andrea Hauer, Development Coordinator
Re: Bids for the Old Public Library Site
At noon today, bids were opened for the Old Public Library site. Two
bids were received. These were:
(1) GWG Investments//Principals--Bruce Glasgow, Joseph Glasgow,
and Allen Wolfe. Bid was $165,000 for the library site and a
purchase option of $205,000 for the adjacent parking lot was
offered. Bidder indicated that a lease for all or part of the
lot was also possible.
(2) Ari Services & Information Services Inc. and Agri Library
Services Assoc. Principals --Jo Anne Neuzil and Donald Kerf.
Bid was $361,000 for both the library site and the parking lot.
GWG proposes to use the building for offices and the remainder of the
space for either retail shops or a bar/restaurant operation.
Agri Services proposes to use the building for an all -'office
operation.
Additional information regarding these bids will be made available
next week.
bc5/3
1 MICROFILMED BY
"JORM"-MICR4&AL19'-
CEDAR RAPIDS DES MOINES
i
e: • .,� ;S
M.
Date: June 4, 1982
To: City Council
From: \N' Andrea Hauer, Development Coordinator
Re: Bids for the Old Public Library Site
At noon today, bids were opened for the Old Public Library site. Two
bids were received. These were:
(1) GWG Investments//Principals--Bruce Glasgow, Joseph Glasgow,
and Allen Wolfe. Bid was $165,000 for the library site and a
purchase option of $205,000 for the adjacent parking lot was
offered. Bidder indicated that a lease for all or part of the
lot was also possible.
(2) Ari Services & Information Services Inc. and Agri Library
Services Assoc. Principals --Jo Anne Neuzil and Donald Kerf.
Bid was $361,000 for both the library site and the parking lot.
GWG proposes to use the building for offices and the remainder of the
space for either retail shops or a bar/restaurant operation.
Agri Services proposes to use the building for an all -'office
operation.
Additional information regarding these bids will be made available
next week.
bc5/3
1 MICROFILMED BY
"JORM"-MICR4&AL19'-
CEDAR RAPIDS DES MOINES